Supervisor Nikki Fortunato Bas urges Gov. Newsom to sign AB40 into law

  • Nikki Fortunato Bas in Oakland’s Chinatown, November 2017. Photo Credit: Brooke Anderson, movementphotographer.com https://en.localwiki.org/oakland/Nikki_Fortunato_Bas/_files/NFBChinatown_brooke-35.jpg/_info/

Emphatic support for AB40, the Community First Coal Review Act, was conveyed to Governor Newsom by Alameda County Supervisor Nikki Fortunato Bas (District 5) in an eloquent and detailed letter dated September 9, 2026.

Supervisor Fortunato Bas represents a district that includes the West Gateway site where developers plan to build the proposed coal terminal, as well as the West Oakland neighborhoods adjacent to the site. District 5 also includes Emeryville, Berkeley, and Albany, three of the East Bay cities through which “unit trains” of 100 cars would pass if the coal terminal becomes operational. Uncovered coal cars would shed toxic coal dust in residential and commercial neighborhoods along the rail route, poisoning homes, businesses, schoolyards, parks, and sports fields.

The Governor has until September 30th to sign the bill, introduced by Assemblymember Mia Bonta (Oakland), into law. AB40 would also become law If Newsom neither signs nor vetoes the bill by the end of this month.

Supervisor Fortunato Bas’ letter begins:

On behalf of Alameda County District 5, I respectfully urge you to sign AB 40 (Bonta). This legislation is essential for safeguarding public health in West Oakland, West Berkeley, Emeryville, and other communities along rail corridors that already bear some of the worst cumulative pollution burdens in California.

If and when it becomes law, massive bulk coal facilities like the Oakland Bulk and Oversized Terminal (OBOT) proposed for the West Gateway would require a full Environmental Impact Report (EIR) before discretionary approval (permits) are issued for the project. No prior EIR accounted for the shipment of 10 million tons of coal annually through the facility, as detailed in a 15-page letter sent by Earthjustice Deputy Managing Attorney Colin O’Brien to the Bay Area Air District in July.

We urge readers to contact Governor Newsom in the coming days, urging him to sign AB40 into law. Earthjustice is providing a ready-to-send letter to the Governor urging his signature: please add your voice to this call if you haven’t already.

Photo credit: Brooke Anderson, November 2017: Nikki Fortunato Bas in Oakland’s Chinatown

In addition to the copy linked above, Supervisor Fortunato Bas’ letter is linked from the District 5 Media & Statements page.