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AB-520 Local government: energy source materials.(2017-2018)

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Date Published: 02/13/2017 09:00 PM
AB520:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 520


Introduced by Assembly Member Harper

February 13, 2017


An act to add Section 53087.8 to the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 520, as introduced, Harper. Local government: energy source materials.
The California Constitution authorizes cities and counties to make and enforce within their limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws, and further authorizes cities organized under a charter to make and enforce all ordinances and regulations in respect to municipal affairs, which supersede inconsistent general laws.
This bill would prohibit a local agency, as defined, from prohibiting the shipment or storage of any energy source material, including, but not limited to, coal, within its jurisdiction. The bill would declare that its provisions constitute a matter of statewide concern.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 53087.8 is added to the Government Code, to read:

53087.8.
 (a) A local agency shall not make or enforce an ordinance or resolution prohibiting the transport or storage of any energy source material within its jurisdiction.
(b) As used in this section, “local agency” means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or other local public board, agency, or commission.
(c) The Legislature hereby finds and declares that this section addresses a matter of statewide concern and shall therefore apply equally to all cities, including charter cities.