Bill Commons

CA AB 40

enacted

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

California · 2025-2026 Regular Session · lower

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Quick answers

Did CA AB 40 pass?

Yes. CA AB 40 has been enacted into law. Latest recorded action (2026-09-30): Chaptered by Secretary of State - Chapter 864, Statutes of 2026.

What is CA AB 40 about?

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.

Who sponsors CA AB 40?

Bonta is the primary sponsor of CA AB 40, joined by 5 cosponsors.

Description

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.

Introduced
2025-03-05
Latest action
2026-09-30 — Chaptered by Secretary of State - Chapter 864, Statutes of 2026.
Bill type
bill
Last updated
—

Subjects

Sponsors

  • Bontaauthor
  • Ortegacoauthor
  • Arreguíncoauthor
  • Bennettcoauthor
  • Rogerscoauthor
  • Sterncoauthor

Committees

Not provided by source.

Action timeline

Newest first

  1. 2026-09-30

    Chaptered by Secretary of State - Chapter 864, Statutes of 2026.

    became-law

  2. 2026-09-30

    Approved by the Governor.

    executive-signature

  3. 2026-09-08

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

    executive-receipt

  4. 2026-08-28

    Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 17.).

    amendment-passage,committee-passage,committee-passage-favorable

  5. 2026-08-28

    Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 50. Noes 17. Page 6784.).

    amendment-passage,committee-passage,committee-passage-favorable

  6. 2026-08-27

    From committee: That the Senate amendments be concurred in. (Ayes 10. Noes 4.) (August 27).

    committee-passage

  7. 2026-08-26

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

    referral-committee

  8. 2026-08-26

    Joint Rule 62(a), file notice suspended.

  9. 2026-08-26

    Joint Rule 62(a), file notice suspended. (Page 6606.)

  10. 2026-08-25

    In Assembly. Concurrence in Senate amendments pending.

  11. 2026-08-25

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

    passage,reading-1,reading-3

  12. 2026-08-24

    Read second time. Ordered to third reading.

    reading-1,reading-2,reading-3

  13. 2026-08-21

    Read third time and amended. Ordered to second reading.

    amendment-passage,reading-1,reading-2,reading-3

  14. 2026-08-18

    Read second time. Ordered to third reading.

    reading-1,reading-2,reading-3

  15. 2026-08-17

    Read third time and amended. Ordered to second reading.

    amendment-passage,reading-1,reading-2,reading-3

  16. 2026-08-04

    Read second time. Ordered to third reading.

    reading-1,reading-2,reading-3

  17. 2026-08-03

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

    committee-passage,reading-1,reading-2

  18. 2026-07-02

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

    amendment-passage,reading-1,reading-2,referral-committee

  19. 2026-07-02

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

    amendment-introduction,amendment-passage,committee-passage,referral-committee

  20. 2026-06-22

    Re-referred to Com. on E.Q.

    referral-committee

  21. 2026-06-15

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

    amendment-passage,reading-1,reading-2

  22. 2026-06-15

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

    referral-committee

  23. 2026-06-15

    Ordered to second reading.

    reading-1,reading-2

  24. 2026-06-15

    From inactive file.

  25. 2025-09-13

    Ordered to inactive file at the request of Senator Grayson.

  26. 2025-08-25

    Read second time. Ordered to third reading.

    reading-1,reading-2,reading-3

  27. 2025-08-21

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

    amendment-passage,reading-1,reading-2

  28. 2025-08-21

    Ordered to second reading.

    reading-1,reading-2

  29. 2025-08-21

    From inactive file.

  30. 2025-08-21

    (Ayes 30. Noes 8. Page 2233.)

  31. 2025-07-07

    Ordered to inactive file at the request of Senator Menjivar.

  32. 2025-07-01

    Read second time. Ordered to third reading.

    reading-1,reading-2,reading-3

  33. 2025-06-30

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

    committee-passage,reading-1,reading-2

  34. 2025-06-12

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

    committee-passage,committee-passage-favorable,referral-committee

  35. 2025-05-07

    Referred to Com. on HEALTH.

    referral-committee

  36. 2025-04-21

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

    reading-1,referral-committee

  37. 2025-04-21

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

    amendment-passage,passage,reading-1,reading-3

  38. 2025-04-10

    Read second time. Ordered to third reading.

    reading-1,reading-2,reading-3

  39. 2025-04-09

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

    committee-passage,committee-passage-favorable

  40. 2025-03-26

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

    committee-passage,committee-passage-favorable,referral-committee

  41. 2025-03-06

    Re-referred to Com. on HEALTH.

    referral-committee

  42. 2025-03-05

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

    amendment-introduction,amendment-passage,committee-passage,reading-1,reading-2,referral-committee

  43. 2025-02-03

    Referred to Com. on HEALTH.

    referral-committee

  44. 2024-12-03

    From printer. May be heard in committee January 2.

  45. 2024-12-02

    Read first time. To print.

    reading-1

Versions

  • 12/02/24 - Introduced — 2024-12-02Compare
  • 03/05/25 - Amended Assembly — 2025-03-05Compare
  • 08/21/25 - Amended Senate — 2025-08-21Compare
  • 06/15/26 - Amended Senate — 2026-06-15Compare
  • 07/02/26 - Amended Senate — 2026-07-02Compare
  • 08/17/26 - Amended Senate — 2026-08-17Compare
  • 08/21/26 - Amended Senate — 2026-08-21Compare
  • 09/02/26 - Enrolled — 2026-09-02Compare
  • 09/30/26 - Chaptered — 2026-09-30Compare
  • (document, no version)Compare
  • AB40Compare

Documents

Votes

  • Do pass and be re-referred to the Committee on [Appropriations]

    2025-03-25 · pass · 12-0

    Member-level votes (15)
    • Arambula: yes
    • Stefani: yes
    • Mark González: yes
    • Krell: yes
    • Aguiar-Curry: yes
    • Bonta: yes
    • Sharp-Collins: yes
    • Schiavo: yes
    • Patel: yes
    • Celeste Rodriguez: yes
    • Addis: yes
    • Carrillo: yes
    • Chen: other
    • Sanchez: other
    • Flora: other
  • Do pass.

    2025-04-09 · pass · 10-3

    Member-level votes (15)
    • Mark González: yes
    • Pacheco: yes
    • Solache: yes
    • Hart: yes
    • Wicks: yes
    • Arambula: yes
    • Fong: yes
    • Calderon: yes
    • Elhawary: yes
    • Caloza: yes
    • Sanchez: no
    • Ta: no
    • Hadwick: no
    • Dixon: other
    • Pellerin: other
  • AB 40 Bonta Third Reading Urgency

    2025-04-21 · pass · 58-9

    Member-level votes (79)
    • Patel: yes
    • Quirk-Silva: yes
    • Schultz: yes
    • Ávila Farías: yes
    • Bains: yes
    • Zbur: yes
    • Nguyen: yes
    • Bonta: yes
    • Elhawary: yes
    • Blanca Rubio: yes
    • Krell: yes
    • Valencia: yes
    • Wilson: yes
    • Caloza: yes
    • Calderon: yes
    • Petrie-Norris: yes
    • Pellerin: yes
    • Patterson: no
    • DeMaio: no
    • Tangipa: no
    • Hadwick: no
    • Lackey: no
    • Macedo: no
    • Sanchez: no
    • Ta: no
    • Ellis: no
    • Hoover: other
    • Castillo: other
    • Sharp-Collins: other
    • Chen: other
    • Flora: other
    • Papan: other
    • Davies: other
    • Gallagher: other
    • Dixon: other
    • Alanis: other
    • Jeff Gonzalez: other
    • Ramos: other
    • Celeste Rodriguez: yes
    • Michelle Rodriguez: yes
    • Schiavo: yes
    • Mark González: yes
    • Aguiar-Curry: yes
    • Ransom: yes
    • Berman: yes
    • Solache: yes
    • Jackson: yes
    • Carrillo: yes
    • Wicks: yes
    • Arambula: yes
    • Boerner: yes
    • Fong: yes
    • Gabriel: yes
    • Gipson: yes
    • Bauer-Kahan: yes
    • Soria: yes
    • Kalra: yes
    • Lowenthal: yes
    • Haney: yes
    • Connolly: yes
    • Lee: yes
    • Bryan: yes
    • Pacheco: yes
    • Harabedian: yes
    • Rivas: yes
    • Stefani: yes
    • Addis: yes
    • Alvarez: yes
    • Rogers: yes
    • Garcia: yes
    • Ahrens: yes
    • McKinnor: yes
    • Wallis: yes
    • Ortega: yes
    • Irwin: yes
    • Ward: yes
    • Muratsuchi: yes
    • Bennett: yes
    • Hart: yes
  • Do pass, but first be re-referred to the Committee on [Appropriations]

    2025-06-11 · pass · 7-1

    Member-level votes (11)
    • Limón: yes
    • Rubio: yes
    • Richardson: yes
    • Wiener: yes
    • Menjivar: yes
    • Padilla: yes
    • Durazo: yes
    • Grove: no
    • Weber Pierson: other
    • Gonzalez: other
    • Valladares: other
  • Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

    2026-07-01 · pass · 4-2

    Member-level votes (7)
    • Allen: yes
    • Blakespear: yes
    • Menjivar: yes
    • Gonzalez: yes
    • Dahle: no
    • Valladares: no
    • Hurtado: other

Related bills

No related bills recorded for this bill.

Official source

Attribution

Data from openstates_api_sync, retrieved 2026-10-01T16:19:33.726812Z

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