Image by Анатолий Стафичук from Pixabay
The Community First Coal Review Act would prevent approval for any new coal terminals based on obsolete information
June 16, 2026 - On Monday Assemblymember Mia Bonta (D-Oakland) introduced AB 40, the Community First Coal Review Act, requiring a full Environmental Impact Report before any local agency may grant a discretionary approval for a new or expanded coal handling, storage, or export terminal with a design capacity exceeding 5 million short tons per year. The bill also requires an updated environmental review when the type or quantity of coal changes materially or when the existing EIR is 10 or more years old.
"The beautiful people of West Oakland, Alameda, and Emeryville have fought for clean air, for their children's health, and for their right to breathe for generations. Donald Trump used a Cold War emergency law to try to override all of that. He will not succeed. As a mother, a legislator, and Chair of the Assembly Health Committee, I am fighting to protect our community,” said Assemblymember Mia Bonta. “That's why I'm introducing AB 40, to ensure that no large-scale coal terminal is allowed to open in California without an Environmental Impact Report that actually reflects the type and quantity of coal being shipped, grounded in current science, and honest about the impacts on the people who live here. Donald Trump cannot declare West Oakland a sacrifice zone. California will not allow it."
Earlier this month the Trump administration announced it is directing $75 million for construction of the Oakland Bulk and Oversized Terminal LLC, with a documented design capacity of 9 to 10 million short tons of coal annually and set to go into operation in 2028. The environmental report the terminal relies upon is over a decade old and fails to reflect the type of coal now planned, the projected volume of up to 12 million short tons annually, or the science published since its completion. However, under existing California law, a local agency could attempt to rely on that stale, obsolete environmental review to approve permits for this facility. AB 40 assures this will not happen.
“We’re proud of the decades of hard work we and our neighbors have invested to clean up West Oakland's air. We’re not going to let this coal facility move forward without a thorough examination of how it might impact our health and drag our progress backward," said Veronica Eady, Executive Director of West Oakland Environmental Indicators Project. “We stand with Assemblymember Bonta--because we refuse to let the coal industry sacrifice our community for their profits.”
West Oakland was selected as a first-year priority community under the Community Air Protection Program established by AB 617 (C. Garcia, 2017), reflecting its documented high cumulative air pollution burden from industry activity and adjacent Interstates 580, 880, and 980. The life expectancy for an African American child born and raised in West Oakland is at least 15 years less than for a white child raised in wealthier Oakland neighborhoods.
“We are grateful that Assemblymember Bonta is moving quickly to ensure environmental review of the potential coal storage and handling facility,” said Colin O’Brien, Deputy Managing Attorney of Earthjustice’s California Regional Office. “The outdated CEQA reports for the project did not contemplate a facility that handles dirty and toxic coal, let alone analyze and disclose the dangers of such a facility. West Oaklanders should not be blindly subjected to more air pollution and a multitude of health harms so the Trump administration can prop up the failing coal industry. We stand with West Oakland residents who demand to know exactly how this project may harm their community.”
This bill extends the Assemblymember’s environmental justice efforts; in 2024, Assemblymember Bonta authored AB 2851, establishing fence-line air quality monitoring at metal shredding facilities, including the Schnitzer Steel facility located immediately adjacent to the proposed West Oakland terminal site.
Assemblymember Mia Bonta represents California’s 18th Assembly District encompassing the East Bay including Oakland, Alameda, and Emeryville. She also serves as chair of the Assembly Health Committee and the California Legislative Children’s Caucus.
Source: Assemblymember Mia Bonta