CaliforniaCalifornia Environmental Quality Act: environmental impact reports: coal handling, storage, and export.
What it does
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 (EIR) 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 EIR has been prepared for a project, no subsequent or supplemental EIR shall be required by a lead agency or responsible agency, unless specified events occur.
More detail
This bill would require a lead agency, before issuing the initial discretionary approval for a large-volume bulk coal facility, defined as a facility 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 EIR. The bill would prohibit a lead agency, air pollution control district, or air quality management district from relying on an existing EIR to issue a discretionary approval for, or to, a large-volume bulk coal facility, and would require a subsequent or new EIR to be prepared, if any of a list of specified conditions are met, including that there is an increase in design capacity of a project that did not previously meet the definition of a large-volume bulk coal facility, as provided; there is a change in the type of coal handled, stored, or exported, or the EIR did not explicitly address the type of coal handled, stored, or exported; or there is a significant increase in the quantity of coal handled, stored, or exported, or the EIR did not explicitly disclose the quantity of coal to be handled, stored, or exported. The bill would require an EIR or subsequent EIR prepared pursuant to these provisions to, among other things, evaluate the large-volume bulk coal facility's potential to generate PM2.5 and PM10 fugitive dust emissions during construction and operations, and to require mitigation measures, as provided. The bill would apply these provisions to a discretionary approval that is pending or made after June 4, 2026, as specified.
Because the bill would create new duties for 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.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 30Chaptered by Secretary of State - Chapter 864, Statutes of 2026.Latest
- Sep 30Approved by the Governor Gavin Newsom.Became Law
- Sep 8Enrolled and presented to the Governor at 3:30 p.m.To Governor
- Aug 28Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 17. Page 6784.).Major
- Vote recorded AB 40 Bonta Concurrence in Senate Amendments. Result: pass.Lower
- Aug 27From committee: That the Senate amendments be concurred in. (Ayes 10. Noes 4.) (August 27).Minor
- Vote recorded With recommendation: That Senate amendments be concurred in. Result: pass.Lower
- Aug 26Joint Rule 62(a), file notice suspended. (Page 6606.)
- Aug 26Re-referred to Com. on NAT. RES. pursuant to Assembly Rule 77.2.Minor
- Aug 25In Assembly. Concurrence in Senate amendments pending.
- Vote recorded 3rd Reading AB40 Bonta et al. By Arreguín. Result: pass.Upper
- Aug 25Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 9.).Passed Senate
- Aug 24Read second time. Ordered to third reading.Minor
- Aug 21Read third time and amended. Ordered to second reading.Major
- Aug 18Read second time. Ordered to third reading.Minor
- Aug 17Read third time and amended. Ordered to second reading.Major
- Aug 4Read second time. Ordered to third reading.Minor
- Aug 3From committee: Be ordered to second reading pursuant to Senate Rule 28.8.Minor
- Jul 2Read second time and amended. Re-referred to Com. on APPR.Major
- Jul 2From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (July 1).Major
- Jul 1
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- Jun 22Re-referred to Com. on E.Q.Minor
- Jun 15Re-referred to Com. on RLS. pursuant to Senate Rule 29.10 (c).Minor
- Jun 15Read second time and amended. Ordered returned to second reading.Major
- Jun 15Ordered to second reading.Minor
- Jun 15From inactive file.
- 2025
- Sep 13Ordered to inactive file at the request of Senator Grayson.
- Aug 25Read second time. Ordered to third reading.Minor
- Aug 21(Ayes 30. Noes 8. Page 2233.)
- Aug 21Read second time and amended. Ordered returned to second reading.Major
- Aug 21Ordered to second reading.Minor
- Aug 21From inactive file.
- Jul 7Ordered to inactive file at the request of Senator Menjivar.
- Jul 1Read second time. Ordered to third reading.Minor
- Jun 30From committee: Be ordered to second reading pursuant to Senate Rule 28.8.Minor
- Jun 12From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (June 11). Re-referred to Com. on APPR.Minor
- Jun 11
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- May 7Referred to Com. on HEALTH.Minor
- Apr 21In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 40 Bonta Third Reading Urgency. Result: pass.Lower
- Apr 21Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 58. Noes 9. Page 1174.).Passed Assembly
- Apr 10Read second time. Ordered to third reading.Minor
- Apr 9From committee: Do pass. (Ayes 10. Noes 3.) (April 9).Minor
- Vote recorded Do pass. Result: pass.Lower
- Mar 26From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (March 25). Re-referred to Com. on APPR.Minor
- Mar 25
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Mar 6Re-referred to Com. on HEALTH.Minor
- Mar 5From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.Major
- Feb 3Referred to Com. on HEALTH.Minor
- 2024
- Dec 3From printer. May be heard in committee January 2.
- Dec 2Read first time. To print.Introduced