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California 20252026

AB 40

California Environmental Quality Act: environmental impact reports: coal handling, storage, and export.

Source: Open States / PluralUpdated 2026-09-12 13:12:55 UTC.

Official record

Measure details

Jurisdiction
California
Session
20252026
Chamber
lower
Classification
bill
Subjects
CaliforniaEnvironmentalQualityAct, coalhandling,storage,andexport, environmentalimpactreports
Introduced / first action
2024-12-02 00:00:00

Alternate titles

  • Emergency services and care.
  • Redistricting: congressional districts.

Source-supplied abstracts

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. 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.

Sponsors

Source-supplied history

Actions

  1. Enrolled and presented to the Governor at 3:30 p.m.

    executive-receipt
  2. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 17.).

    amendment-passage, committee-passage, committee-passage-favorable
  3. From committee: That the Senate amendments be concurred in. (Ayes 10. Noes 4.) (August 27).

    committee-passage
  4. Joint Rule 62(a), file notice suspended.

  5. Re-referred to Com. on NAT. RES. pursuant to Assembly Rule 77.2.

    referral-committee
  6. In Assembly. Concurrence in Senate amendments pending.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 9.).

    passage, reading-1, reading-3
  8. Read second time. Ordered to third reading.

    reading-1, reading-2, reading-3
  9. Read third time and amended. Ordered to second reading.

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  10. Read second time. Ordered to third reading.

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  11. Read third time and amended. Ordered to second reading.

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  12. Read second time. Ordered to third reading.

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  13. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

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  14. Read second time and amended. Re-referred to Com. on APPR.

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  15. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (July 1).

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  16. Re-referred to Com. on E.Q.

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  17. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10 (c).

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  18. Read second time and amended. Ordered returned to second reading.

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  19. Ordered to second reading.

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  20. From inactive file.

  21. Ordered to inactive file at the request of Senator Grayson.

  22. Read second time. Ordered to third reading.

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  23. (Ayes 30. Noes 8. Page 2233.)

  24. Read second time and amended. Ordered returned to second reading.

    amendment-passage, reading-1, reading-2
  25. Ordered to second reading.

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  26. From inactive file.

  27. Ordered to inactive file at the request of Senator Menjivar.

  28. Read second time. Ordered to third reading.

    reading-1, reading-2, reading-3
  29. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

    committee-passage, reading-1, reading-2
  30. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (June 11). Re-referred to Com. on APPR.

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  31. Referred to Com. on HEALTH.

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  32. In Senate. Read first time. To Com. on RLS. for assignment.

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  33. Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 58. Noes 9. Page 1174.).

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  34. Read second time. Ordered to third reading.

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  35. From committee: Do pass. (Ayes 10. Noes 3.) (April 9).

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  36. From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (March 25). Re-referred to Com. on APPR.

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  37. Re-referred to Com. on HEALTH.

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  38. From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

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  39. Referred to Com. on HEALTH.

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  40. From printer. May be heard in committee January 2.

  41. Read first time. To print.

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