20250AB__004095AMD INTRODUCED 2024-12-02 AMENDED_ASSEMBLY 2025-03-05 AMENDED_SENATE 2025-08-21 AMENDED_SENATE 2026-06-15 AMENDED_SENATE 2026-07-02 2025 AB AMD Introduced by Assembly Member Bonta (Coauthor: Assembly Member Ortega) (Coauthor: Senator Arreguí

n) LEAD_AUTHOR ASSEMBLY Bonta COAUTHOR ASSEMBLY Ortega COAUTHOR SENATE Arreguín

An act to add

Section 21080.52 to the Public Resources Code, relating to environmental quality. environmental quality California Environmental Quality Act: environmental impact reports: coal handling, storage, and export. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.

CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA provides that when an environmental impact report has been prepared for a project, no subsequent or supplemental environmental impact report shall be required by a lead agency or responsible agency, unless specified events occur.

This bill would require every public agency with discretionary approval over any portion of a new project with a design capacity exceeding 5,000,000 short tons per year of coal handling, storage, or export to prepare or cause to be prepared an environmental impact report.

The bill would require a subsequent environmental impact report if there is an increase in design capacity, as provided; a change in the type, rank, or a significant increase in the quantity of coal handled, stored, or exported; or if the environmental impact report for a project with a design capacity exceeding 5,000,000 short tons is or more years old. The bill would require an environmental impact report pursuant to these provisions that identifies significant air quality impacts unless the project proponent fully mitigates PM2.5 and PM10 fugitive dust emissions.

Because the bill would create new duties for a public agency, which includes a local agency, and a lead agency, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following: (

a) The West Oakland community has a high cumulative air pollution exposure burden, a significant number of sensitive receptors, and includes census tracts that have been designated as disadvantaged communities. West Oakland is impacted by mobile sources of pollution, including diesel trucks and buses, and pollution from industry operations and adjacent Interstates 580, 980, and 880. (

b) West Oakland was selected as a first-year priority community under the Community Air Protection Program pursuant to Assembly Bill 617 (Chapter of the Statutes of 2017). (

c) West Oakland residents are predominantly people of color, and the life expectancy for an African American child born and raised in West Oakland is at least years fewer than for a white child born and raised in wealthier Oakland neighborhoods. (

d) The State Air Resources Board funded peer-reviewed research that identified significant increases in fine particulate matter (PM2.5) in California due to passing coal-carrying trains and found that trains with empty coal cars also generated increases in PM2.5. (

e) Coal train pollution has significant health effects that disproportionately impact communities of color and low-income individuals. (

f) The United States Environmental Protection Agency found that PM2.5 poses the greatest risk to health of particulate matter pollutants.

SEC.

Section 21080.52 is added to the Public Resources Code , to read: 21080.52. (

a) Notwithstanding any other provision of this division, a public agency with a discretionary approval over any portion of a new project with a design capacity exceeding 5,000,000 short tons per year of coal handling, storage, or export shall prepare or cause to be prepared an environmental impact report pursuant to this division. (

b) Independent of the conditions for a subsequent environmental impact report set forth in

Section and guidelines adopted pursuant to

Section 21083, a subsequent environmental impact report shall be required for a project if any of the following apply:

(1) There is a change in the type or rank of coal handled, stored, or exported.

(2) There is a significant increase in the quantity of coal handled, stored, or exported.

(3) There is an increase in the design capacity of a project so that the total amount of coal handled, stored, or exported exceeds 5,000,000 short tons per year. (3)</xhtml:p>"?>

(4) The environmental impact report for a project with a design capacity exceeding 5,000,000 short tons per year of coal handling, storage, or export is or more years old. (

c) If an environmental impact report prepared pursuant to this

section identifies significant air quality impacts, a lead agency shall not certify the environmental impact report unless the project proponent fully mitigates PM2.5 and PM10 fugitive dust emissions.

SEC. 3. No reimbursement is required by this act pursuant to

Section of

Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of

Section of the Government Code.