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.
(1) Existing law creates the California Coastal Sanctuary and provides that it includes all state waters subject to tidal influence, except as provided. Existing law authorizes the State Lands Commission to enter into any lease for the extraction of oil or gas from state-owned tidelands and submerged lands in the California Coastal Sanctuary if the commission determines both that oil and gas deposits in the California Coastal Sanctuary are being drained by means of producing wells upon adjacent federal lands and that the lease is in the best interest of the state. This bill would prohibit the commission from entering into leases for the extraction of oil or gas, as described above, in areas designated as California marine protected areas or national marine sanctuaries, as provided. (2) Existing law prohibits the commission or a local trustee, as defined, of granted public trust lands from entering into a new lease or other conveyance authorizing new construction of oil- and gas-related infrastructure upon tidelands and submerged lands within state waters associated with Pacific Outer Continental Shelf leases issued after January 1, 2018, except as provided. Existing law requires the commission or a local trustee when approving or disapproving a lease renewal, extension, amendment, or modification authorizing new construction of oil- and gas-related infrastructure upon tidelands and submerged lands within state waters associated with Pacific Outer Continental Shelf leases issued after January 1, 2018, to follow a specified process. This bill would additionally prohibit leases and oil- and gas-related infrastructure located upon tidelands and submerged lands within state waters from being used to support Pacific Outer Continental Shelf leases issued after January 1, 2026, except as provided. The bill would additionally require the commission or the local trustee, in considering approval or disapproval, to consider additional factors, as specified. By imposing additional duties on local trustees in the consideration of a lease renewal, extension, amendment, or modification, this 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This measure would request that the federal Bureau of Ocean Energy Management hold public hearings in California on the proposed 2026–2031 National Outer Continental Shelf Oil and Gas Leasing Program, prepare an environmental impact statement to accompany the program, and provide the public the opportunity to comment on a draft programmatic environmental impact statement for potential offshore oil and gas leasing in California. The measure would strongly and unequivocally oppose any new offshore drilling and declare unequivocal support for the current federal prohibition on new oil or gas drilling in federal waters offshore of the Pacific coast.
The Elder California Pipeline Safety Act of 1981 requires the State Fire Marshal to administer provisions regulating the inspection of intrastate pipelines that transport hazardous liquids. The act requires the State Fire Marshal to adopt hazardous liquid pipeline safety regulations in compliance with the federal law relating to hazardous liquid pipeline safety, as provided. The act authorizes the State Fire Marshal to exempt the application of those regulations to any pipeline, or portion thereof, when it is determined that the risk to public safety is slight and the probability of injury or damage remote. The act requires any new or replacement pipeline near environmentally and ecologically sensitive areas in the coastal zone to use best available technology based on a risk analysis conducted by the operator to reduce the amount of oil released in an oil spill to protect state waters and wildlife. A person who willfully and knowingly violates the act or a regulation issued pursuant to the act is, upon conviction, subject to a fine, imprisonment, or both a fine and imprisonment, as provided. This bill would make an application for a specified exemption pursuant to these provisions subject to a 60-day public comment period and, upon request of any interested person, require it to be considered at a public hearing. The bill would make a project that has received an exemption from the State Fire Marshal, as described above, subject to the California Environmental Quality Act. The bill would make any repaired pipeline near environmentally and ecologically sensitive areas in the coastal zone subject to the requirement to use best available technology based on a risk analysis conducted by an independent expert, rather than the operator, and require that analysis to address prevention, as well as reduction, of the amount of oil released in an oil spill, as described above, and make related changes. The bill would prohibit idled, inactive, or out-of-service hazardous liquid pipelines under the jurisdiction of the State Fire Marshal that have experienced a reportable incident, such as a hazardous liquid spill, from being reactivated or operated, unless specified conditions are met. The bill would require, for any idled, inactive, or out-of-service pipeline that has spilled 10,000 gallons or more of hazardous liquid, the operator to permanently abandon the pipeline by July 1, 2027, or within 6 months of the pipeline's most recent incident, and require the operator to restore the site to its natural condition no later than one year following permanent abandonment. By creating new crimes, the bill would impose a state-mandated local program. This bill would require the State Fire Marshal to require permanent abandonment of a pipeline if the best available technology is not achievable for a pipeline because of operational aspects, pipeline or regional conditions, or other factors. The bill would require the State Fire Marshal to suspend the operations of any pipeline that is not in compliance with the requirements to use best available technology no later than January 1, 2027. Existing law establishes the Geologic Energy Management Division in the Department of Conservation, under the direction of the State Oil and Gas Supervisor, who is required to supervise the drilling, operation, maintenance, and abandonment of oil and gas wells, as provided. A person who violates, fails, neglects, or refuses to comply with the oil and gas laws, or who fails, neglects, or refuses to furnish any report or record required pursuant to those laws, is guilty of a crime. This bill would require an operator seeking approval for a new well, production facility, or specified pipelines in the coastal zone to submit an oil leak detection and response plan, as specified, and obtain approval from the division before obtaining approval for the new well, production facility, or specified pipeline. By creating new crimes, the bill would impose a state-mandated local program. Existing law authorizes the Department of Parks and Recreation to grant permits and easements to an oil and gas lessee of the state for pipeline right-of-way purposes. This bill would prohibit any intrastate oil pipeline that has spilled 10,000 gallons or more of oil cumulatively since its construction from operating within 0.5 miles of a state park, a designated ecological reserve, as defined, or a wildlife area, as determined by the Fish and Game Commission. 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.
