08/28/2026 | Press release | Distributed by Public on 08/28/2026 11:58
Victory
-AB 40 awaits Governor Newsom's signature in order to become law
Miranda Fox, Earthjustice, [email protected]
Clara Weinstein, West Oakland Environmental Indicators Project, [email protected]
Today, the California legislature passed Assembly Bill 40, the Community First Coal Review Act by Assemblymember Mia Bonta, a bill to protect Californians from dusty, toxic coal pollution. The bill now heads to the Governor's desk to await his signature. If signed into law, developers of enormous bulk coal facilities, like the one proposed in West Oakland, will have to fully disclose their projects' impacts and develop effective mitigation measures before they are granted approval.
Earthjustice and West Oakland Environmental Indicators Project co-sponsored AB 40, which Assemblymember Bonta introduced after the Trump administration announced that it was planning to allocate $75 million in taxpayer funding toward a new coal storage and handling facility in Oakland.
"My role as a legislator is to be a voice for the beautiful people of Oakland, Alameda, and Emeryville, particularly for the most vulnerable among us, who have too often been overlooked and neglected by our political system. So when the Trump administration attempts to bring millions of tons of coal to California, the voices of my constituents are front and center in how we must respond. In passing AB 40 today, we said no to coal. We said no to Trump. We said no to continuing the harmful impacts of environmental racism. No matter where in California Trump tries to send his coal, our communities deserve an accurate and complete picture of the environmental impact that such a project would bring," said Assemblymember Mia Bonta. "I hope Governor Newsom will sign this bill as an opportunity to extend California's legacy of standing up to Trump and the fossil fuel industry."
"West Oakland will not become a sacrifice zone for the fossil fuel industry," said Veronica Eady, Executive Director of the West Oakland Environmental Indicators Project. "Our neighbors have fought against industrial pollution and corporate greed for decades, so we're not about to let a major polluter come into our neighborhood without studying their impact, putting mitigations in place, and bringing community members to the table around decisions that affect their lives. We look forward to getting Assembly Bill 40 to the finish line."
"We thank the legislature for believing in this bill and voting to protect Californians from toxic coal pollution. Now we need Governor Newsom to take us over the finish line to protect our state from the Trump administration's dirty coal project," said Ada Waelder, Earthjustice Sr. State Legislative Representative.
The proposed facility reportedly would handle 12 million tons of bulk coal a year from Utah, Wyoming, and potentially other western states. This massive amount of coal would pass through California communities on hundreds of open train cars, expected to travel over the Sierras and along the rail corridor adjacent to I-80 to West Oakland. If approved, the project could lead to three coal trains, each hauling 100 cars and extending a mile in length, traveling through California nearly every day for the next 60 or more years.
A recent study found that coal handling facilities and coal trains increase local levels of harmful fine particulate matter (PM2.5), which can cause or worsen lung and heart conditions and even result in premature death.
Coal dust also contains harmful toxins like arsenic, lead, and mercury that are cause for concern.
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