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14. Env. Affairs Coord.City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408)777-3212 FAX: (408) 777-3366 GUPERTINO OFFICE OF THE CITY A4ANAGER SUA~IARY Agenda Item INTO. ~ Meeting Date: December 2, 2008 SUBJECT Accept report on the hiring of an envirorunental affairs coordinator as directed in the fiscal year 2008-2009 Adopted Budget. BACKGROUND The City of Cupertino has been quietly imI>lementing environmental best practices for more than a decade. Since the 1990s, Cupertino has had a policy to require recycled content in paper products, had zero emission vehicles in its fleet, and began changing all traffic signals to Light Emitting Diodes (LEDs). Numerous other practices and programs have been implemented and adopted in recent years including but not limited to, installation of more energy efficient florescent bulbs in city facilities, use of recycled materials in sidewalks and paving, and an environmentally preferred procurement policy. Currently, the City is a member of Sustainable Silicon Valley, ICLEI, Joint Venture: Climate Protection Task Force. Mayors of Cupertino have been signatories to the U_S Conference of Mayors Climate Protection Agreement since 2006_ As part of the fiscal year 2008-2009 budget, the City Council revised a proposed shared position with the City of Sunnyvale in order to create a fulltime position dedicated to Cupertino to begin no sooner than October =.008. Following this direction, staff initiated and is prepared to conclude the recruitment for an environmental affairs coordinator position. The specific intent of this position is to work with city departments to continuously reduce and prevent the environmental impacts of local government facilities, operations and services, and areas of influence, create cost savings, and develop programs to monitor and assess investments and practices in this area. Other area cities have hired sustainability coordinators or aI•e in the process of creating a similar position, most notably: Mountain View, Palo Alto, Sunnyvale, Santa Clara, and Menlo Park. Benefits for those, and other communities that have already implemented this position include significant operational savings and access to grant revenues. In addition to creating savings and grant opportunities, the environmental affairs coordinator will be tasked with addressing th~~ large, and growing body of state regulatory requirements directed at local government. It is anticipated that changes at the federal is-i level ~~ i11 increase both the need and benefits of energy efficiency and regulatory compliance. State Regulations Assembly Bill 32 (formally called the California Global VJarniing Solutions Act of 2006) was authored by Assembly Speaker Fabian Nunez, and was codified in the Statutes of 2006 as Chapter 488. The role of and impact to local governments regarding AB 32 implementation are detailed in the "scoping plan" released by the California Air Resources Board on June 26, 2008. The plan is a blueprint for how the law, which requires California to reduce emissions to 1990 levels by 2020, becomes reality after passage two years ago- The series of proposals included in the scoping plan would become law in 2012, though some measures ~~, ould take effect in 2010. The California Global Rearming Solutions Act establishes a comprehensive progran~ of regulatory and market mechanisms to achieve quantifiable, cost-effective reductions of greenhouse _Qases (GHG). This and other recently adopted legislation have created an expanding body of regulatory requirements for local governments and districts. ~ ~~ '. .. fVO ~Ne"f. Acison~ T. . ._. -:~ ~- _. .-_j ,_. _.. ~ .-_.. _._. ... - w 1 _ _.. -~ { {d '~ Tranzportat:on - Red..eeiofsf 2.020 GQAL ~' - <2%L4A:{ CC{r Elcctr.o:y 6 NsTUrai Y OTI,r Known NKdTd Rddmonal Gas Reductions Re-dueT~ona NeducTlons to ~~ _ r 1 `~'.yn~R- fA r. {. _ rt : ~ ~~+lCT ZO ZQ CaoaJ ~.q'n~Y -Sad t o •_ _ ~ _ ~ -. -.t.. _ ..- .. The state's GHG reduction strategies focus on some specific areas to reach the 2020 emissions level goal of 427 million metric tons of C02- The Act continues the existing Climate Action Team to coordinate statewide efforts, and makes the California Air Resources Board (ARB) responsible for monitoring and reducing GHG emissions. The Act sets some specific tasks for the Air Resources Board (ARB ): to-2 • Establish a statewide GHG emissions cap for 2020, based on 1990 emissions by January 1, 2008. • Adopt mandatory reporting rules for significant sources of greenhouse gases by January 1, 2008. • Adopt a list of discrete, early action measures by July 1, 2007, that can be implemented before January 1 , 201 O and adopt such measures. • Adopt a plan by January 1, 2009, indicating how emission reductions will be achieved from significant GHG sources via regulations, market mechanisms and other actions. • Adopt regulations by January 1, 2011, to achieve the maximum technologically feasible and cost-effective reductions in GHGs, including provisions for using both market mechanisms and alternaf.,ve compliance mechanisms. • Convene an Environmental Justice Advisory Committee and an Economic and Technology Advancement Advisory Committee to advise ARB. • Ensure public notice and opportunity for conmzent for all actions. SLOPING PL~~N PROCESS f ® R / ~ G -'~ ~~~ ,a z _ L '~ A ~~~ ~ T ~--~_ E T ~ ~ ~. ~ N %r S Local governments in California around AB 32 implementation_ The California Air Resources Board, the California Climate Action Registry, and The Climate Registry are developing the Loca] Governments Greenhouse Gas Emissions Analysis Protocol, which will establish the standard for measurinj and quantifying their reductions. Specifically, the bill requires ARB, no later than January 31, 2009, to appoint a Regional Targets Advisory Conunittee (RTAC), as: specified, to recommend factors to be considered and methodologies to be used for setting greenhouse gas emission reduction targets for the regions. Requires the RTAC to transmit its reconunended factors and methodologies to ARB no later than December 31, 2009. Requires ARB, prior to setting 14-3 the tazgets for a region, to exchange technical information with the Metropolitan Planning Organization (MPO), the Department of Transportation (Caltrans), and the local air district. Requires the MPO to hold at least one public workshop within the region after the RTAC makes its recommendation to ARB. Allows an MPO to recommend a target for the region. Requires ARB to release draft greenhouse gas emission reduction targets for each affected region by June 30, 2010 and final targets by September 30, 2010. OTHER STATE REGULATIONS SB 375 requires regional transportation plans to include a "sustainable community strategy" (SCS) to meet GHG reduction targets for vehicle travel set by the ARB. Projects consistent with a SCS qualify for relief from some Califomia Environmental Quality Act (CEQA) requirements, which will reduce project costs, processing time and legal risks. Importantly, SB 375 states that local land use authority is preserved -general plans are not required to be consistent with the SCS. The bill also provides significant changes to Housing Element law, especially the timing and requirements for Regional Housing Needs Allocation (RHNA) planning. CONCLUSION Recent environmental legislation in California is predicated upon achieving reductions at the local level. Local governments are specifically identified in Recommended Strategy # 13 of the Plan (page 31) as one of several core means for achieving emissions the reduction targets of AB 32, and calls for the establishment of regional GHG reduction targets and development of action plans at both the local government and regional levels. Of the 17 recommended strategies put forward in the scoping plan, eight are specifically intended to effect change at the local level including energy efficiency, renewable energy, renewable fuels, water, million solaz roofs, regional targets and action plans, and recycling and waste. The hiring of an environmental affairs coordinator will enable the City of Cupertino to meet the policies of this Council and of the state on matters pertaining to sustainability. As has been the case with other communities that have adopted this position and these types of efforts, the City can realize immediate savings. RECOMMENDATION It is the reconznZendation of staff that the City Council take no action to prevent the hiring of an environmental affairs coordinator as directed in the fiscal year 2008-2009 Adopted Budget. Submitted by: Rick Kitson David VV. Knapp Public and Environmental Affairs Director City Manager is-a 14,000 12,000 v 10,000 0 V 0 8,000 v .` 6,000 c 0 4,000 2,000 0 1990 Bingaman•Specter ranyewithpritecap ~,~ (projected only ° through 7.030) Bingaman-Specter no pnce cap Lieberman-McCain Olver-Gilchrest - Lieberman-Warner draft outline Bingaman-Specter „„ conditional Wryet Kerry-Snowe - - Sanders-Boxer, Waxman 2000 2010 2020 2030 2040 2050 ~~; W O R L U IZ C S O U IlC E S I N S ~1' 11' U •I' L for a full discussion of underlying methodology, assumptions and references, please see httoJlwww.wri,org usclimatetargets, WRI does not endorse any of these bills,This analysis is for comparative purposes only. Data post•2030 may be derived from extrapolation of CIA projections, A N Comparison of Legislative Climate Change Targets in the 110t'' Congress,1990-2050 California Global Warming Solutions Acct of 2006 (AB 32) Scoping Rules Summary (July 2008 Draft) Transportation Emission Reductions Transportation contributes 39% of California's gross GHG emissions. So targeting that sector is one of the key elements in the state's efforts. The state's multi-pronged. attack on lower emissions from transportation focus on working with Congress to allow California to set its own vehicle efficiency and mileage standards, set lower the levels of carbon in transportation fuels, transition the state from gasoline and diesel to cleaner-burning alternative and renewable fuels. Low-Carbon Fuel Standards In the January 2007 State of the State Governor Schwarzenegger asserted California's leadership in clean energy and environmental policy by establishing a Low-Carbon Fuel Standard (LCFS) by Executive Order. The Executive Order on transportation fuels requires fuel pr~~viders reduce the carbon intensity of transportation fuels sold in California. This standard firmly establishes sustainable demand for lower-carbon fuels without favoring one fuel over another. To start, the standard will red ace the carbon intensity of California's passenger vehicle fuels by at least y O percent by 2020 and more thereafter. This first-in-the-world greenhouse gas (GHG) standard for transportation fuels will spark research in alternatives to oil and reduce GHG emissions. The Governor's Executive Order directs the Secretary for Environmental Protection to coordinate the actions of the California Energy Commission, the California Air Resources Board (ARB), the University of California and other agencies to develop the protocols for mE~asuring the "life-cycle carbon intensity" of transportation fuels. This analysis will become part of the State Implementation Plan for alternative fuE~ls as required by AB y007 (Paviey, Chapter 377, Statutes of 2005) and will be submitted to ARB for consideration as an "early action" item under AB 32. Ttie ARB will complete its review of the LCFS protocols for adoption as an earl~~ action no later than June 2007. Upon adoption as an "early action" by the AFB, the regulatory process at ARB will begin to put the new standard into effect. It is expected that the regulatory process at ARB to implement the new standard will be completed no later than December 2008. The Executive Order States: The process for meeting the 2020 Target shall be as follows: ~ . The Secretary of the California `=nvironmental Protection Agency shall coordinate activities between thE: California Energy Commission, and other agencies to propose a draft compliance schedule to meet-the 2020 Target. 2. The Energy Commission shall incorporate as appropriate the LCFS draft compliance schedule into the State Alternative Fuels Plan (SAFP) per AB is-s ~ 007 (Chapter 371 , Statutes of 2005), and upon adoption shall submit the SAFP to the ARB for consideration. 3. Upon submission of the SAFP„ the ARB shall consider initiating a regulatory proceeding to establish and implement the LCFS. Alternative and Renewable Fuei 8~ Vehicle Technology Program Assembly Bill '178 (Nunez, Chapter 750, Statutes of 2007) created the Alternative and Renewable Fuel and Vehicle Technology Program to be administered by the California Energy Commission. AB yy8 authorizes the Energy Commission to spend approxim:~tely $y 20 million annually to award as grants, revolving loans, loan guarantees, and other appropriate measures to qualified entities to develop and deploy innovative fuel and vehicle technologies that will help attain the state's alternative fuel use and petroleum reduction goals in a manner consistent with climate change policies, without adopting or advocating any one preferred fuel or technology. Projects eligible for funding shall include the following, but shall not include projects required to be undertaken pursuant to state or federal I~iw or district rules or regulations: • Projects to decrease the overall impact of an alternative and renewable fuel's life-cycle carbon footprint and increase sustainability • Alternative and renewable fuel infrastructure, fueling stations, and equipment •. Projects to develop and improve light-, medium-, and heavy-duty vehicle technologies that provide for bettE~r fuel efficiency and lower greenhouse gas emissions, alternative fuel usage and storage, or emission reductions • Program and projects to retrofit m<sdium-and heavy-duty on-road and non- road vehicle fleets with technologies that create higher fuel efficiencies, including alternative and renewat~le fuel vehicles and technologies, idle management technology, and aerodynamic retrofits that decrease fuel consumption • Infrastructure projects that prornote alternative and renewable fuel infrastructure development connected with existing fleets, public transit, and existing transportation corridors • Workforce training programs rel~ited to alternative and renewable fuel feedstock production and extraction, renewable fuel production, distribution, transport, and storage, high-performance and low-emission vehicle technology and high to~~rver electronics, automotive computer systems, mass transit fleet conversion, servicing, and maintenance, and other sectors or occupations related to the purpose of the Program • Block grants administered by not-for-profit technology consortia for multiple projects, education and Program promotion within California, and development of alternative and renewable fuel and vehicle technology centers. is-~ AB 7~8 also directs the Energy Commission to create an advisory body to help develop an Investment Plan. The Investment Plan will establish priorities and opportunities for the Program, and describe how funding will complement existing public and private investments, including existing state programs. The Investment Plan will be updated annually. The Energy Commission has opened a rulemaking proceeding (Docket # 08- OIR-1) that will consider, but not be limited to, adopting regulations and other provisions necessary for the administration of Program. Funding through the Program will be available only after regulations have been completed and published by the Secretary of State.. Electricity and Natural Gas Emission Reductions Electricity production (both in-state and imported) contributes about 28% of the gross GHG emissions. Energy efficiency and renewable energy are essential for reducing those emissions and meeting AB 32 goals. It is feasible to achieve ~ 00% cost-effective energy efficiency through a combination of building and appliance standards, traditional utility programs, and new strategies and technologies delivered through local governments, community organizations, and the private sector. A goal of having 33% of electricity production from renewable resources by 2020 target is achievable with focused and coordinated support. Changes are needed to: • Streamline planning and permitting processes • Expand and upgrade the transmission grid and distribution system • Redesign the market price referent system - move to expanded use of feed-in tariffs (fixed price) Renewable Energy Renewable resources currently provide about ~ ~ % of the state's electricity (geothermal: 4.7%, biomass: 2.1 %, small hydro: 2.7 %, wind: ~ .8%, solar: 0.2%). Electricity from large hydroelectric projects is ~ 9% in 2006, but large hydro is not considered in the resource mix and goals. State law requires that the percentage of electricity from renewables will increase from 1 1 % to 20% by 20~ O, with the overall goal of 33% renewables by 2020. Power Plant Emission Standards The California Energy Commission and the California Public Utilities Commission (CPUC) have been holding joint proceedings to develop GHG reduction guidelines for the electricity and natural gas sectors. In 2007, the ARB adopted mandatory reporting guidelines and 1990 emissions baseline based on recommendations from the Energy Commission &CPUC. In 2008, the Energy Commission and CPUC will be recommending to ARB electricity and natural gas program design. The Energy Commission is establishing GHG emission is-s performance standard for baseload generation (SB 7368) for municipal utilities and load-serving entities. The Energy Commission-CPUC joint proceeding on interim GHG policy decision recommendations for the electricity and natural gas sectors to CARB will lay out who is responsible for compliance and: • Quantify emissions reductions cat what cost and impact on electricity provider. o Decision recommends mix of program measures and markets, point of regulation and allocation principles. Approach will achieve real GHG reductions at least cost to California consumers o August decision addresses allocation of costs and benefits, ratepayer costs, and cost effectiveness of measures The Energy Commission-CPUC recomrriendations will be sent to the ARB, which must adopt the Scoping Plan by January ~, 2009. Additionally, the Energy Commission is working with the Western Climate Initiative's working groups to design regional cap-and-trade program. Building ~ Appliance Energy Efficiency Standards The Energy Commission is also focusing on increasing efficiency standards for both appliances and buildings. The Energy Commission has regulatory authority over these areas. Assembly Bill 7560 clarifies authorit~~ for water energy savings in building standards, and water efficiency will be a key component in future standards. The Energy Commission also sets appliance energy efficiency standards. The 2005 standards went -into effect in sta~~e between 2006-2008. New standards rulemaking is in progress and include: • New lighting standards in response to AB 7 7 09 • Will- cover consumer electronics (televisions) and battery chargers AB 662 directs the Energy Commission to include water efficiency and conservation standards in future eippliance standards 14-9 January 2008 Locally-Adopted Climate Change Policies "Climate change" is being discussed in city halls throughout California. A city may wish to adopt local climate change policies by either amending (1) its general plan; or (2) its CEQA Guidelines, or both. State laws, an executive order promulgated by the Governor, litigation brought by the Attorney General, and an opinion of the U.S. Supreme Court should be reviewed prior to making these amendments. After briefly reviewing each of these, this memo will describe the climate change practices of a variety of local governments for information and review. Suliui~ary_ Climate Change Strategies 1. Local CEQA Guidelines: The purpose of amending locally-adopted CEQA Guidelines is to explain how analysis of greenhouse gas emissions will be treated in environmental documents. The amendment could include the adoption of local thresholds of significance. The California Air Pollution Control Officers Association (CAPCOA) has developed recommendations for thresholds of significance which can be found in CAPCOA's publication entitled CEQA a~zd Climate Cluvzge at http : //ww w. c apco a. org. 2. General Plan: There are at least two ways to incorporate climate change policies into a city's general plan. One utilizes the EIR prepared in connection with a general plan update to analyze the impact of greenhouse gas emissions from land use and transportation sectors. The EIl2 finds that the impacts of the general plan's land use and transportation policies on greenhouse gas emissions aze significant and the city council adopts mitigation measures, such as a requirement to develop and adopt a greenhouse gas reduction plan as part of the general plan, to mitigate the impacts. _ The other simply amends the general plan by adding a greenhouse gas emissions reduction plan as a matter of policy, rather than as a CEQA mitigation measure_1 Reasons to Consider these Strategies It may be advisable to consider one or both of these strategies for the follo~~ving reasons: 1. The United States Supreme Court decision in Massachusetts v. NEPA.; 2.The Resources Agency is not required to adopt new CEQA Guidelines for climate change until January 20102; and 1 See discussion of climate change in City of Riverside's and County of Napa's general plans at pages . 2 Public Resources Code § 21097. 1 ~a-io 3. The Attorney General's settlement with San Bernardino County in State of California v. San Benzardin.o Cozuzty. Massaclznsetts v. NEPA 127 S.Ct. 1138 CApril 2007) In this case the United States Supreme Court held that the Clean Air Act (federal) requires the (federal) EPA to establish stand~irds applicable to the emission of air pollutants from motor vehicles. The Act defines "air pollutant" broadly as any "any air pollution agent or combination of such agents.. _which is anticipated to endanger public health or welfare." The Court emphasized that although the Clean Air Act did not appreciate the possibility that burning fossil fuels could lead to global warming, regulation of pollutants leading to global wazming must be read into the Act so as not to render the Act obsolete. The Court also held the broad regulatory authority given to the EPA by the Act encompassed the authority to prescribe standazds applicable to the emission of air pollutant from motor vehicles. Similarly, although CEQA does not, for example, specifically anticipate globa[ warming as an area of concern in its significance criteria for an air pollution analysis, the broad goals of CEQA would support this type of analysis. The Appendix G (to the Guidelines) Checklist that guides an agency through an Irtitial Study, states with regard to "Air Quality," that the "significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make determinations." A brief review of the work being undertaken by the BAAQMD makes it clear that the District considers climate protection to be wi~lun its regulatory purpose. CEQA3 Several sections of CEQA and its Guidelines argue in favor of analyzing the impacts of a project on global warming as part of an air quality analysis in an E1R. The CEQA analysis seeks to determine how the "project" will affect climate change as will as how the "project" will be affected by climate change. Mitigation is required if a "project's" contributions to climate change are a signific:rrtt impact on the environment. 1. It is the policy of the state to ensure that long-term protection of the environment consistent with the provision of a dece:nt home and suitable living envu-onment for every Californian is the guiding criterion in public decisions; and to create and maintain conditions under which man and nature can exist in productive harmony to fulfill the social and economic requirements of present and future generations (PRC § 21001(b). 2. Indirect or secondary effects of a project which are caused by the project and are later in time or farther removed in distance should be analyzed if-they are 3. 3.4% of the EIRs submitted to OPR during the period 04/07 through 08/07 contained discussions about climate change of some type. The analysis was included in one of three sections: air quality; cumulative_ impacts; or a special climate change section. [cite to EPA website? ] 2 is-ii reasonably foreseeable. Indirect or secondary effects may include effects related to induced change in air and water and other natural systems (Guidelines § 15358) 3. If, after thorough investigation, a particular impact is too speculative for evaluation, the city should note its conclusion and terminate discussion of the impact (Guidelines § 15145). Note that this means the fact that the impacts of a project on climate change aze "impossible to discern" is not an argument for refraining from CEQA review of those impacts. 4. Although the CEQA Guidelines do not include information on "global warming," the impact of development on greenhouse gas emissions has been evaluated as part of the air quality analysis in the EIR on a comprehensive General Plan update: OPR is directed to prepare guidelines for the mitigation of greenhouse gas emissions or the effects of GHG emissions by July 1, 2009. The Resources Agency must certify and adopt the guidelines by January 1, 2010. The bill provides an exemption from a CEQA cause of action for failure to analyze effects of GHG emissions for certain projects funded by State bonds. It also reiterates that this is a narrow exemption for this specific purpose only (PRC § 21097. The negative implication of this bill is that a challenge under CEQA may be made to all other types of projects. There are no California appellate cases on climate change and CEQA as of December 2007. There are several court cases pending in superior court in which the way a city or county has addressed, or failed to address, climate change in a CEQA document. State of CaZifonzza vs. San Berzzardizzo Couzzty On August 21, 2007, the Attorney General announced the settlement of the state's global warming lawsuit against San Bernardino County.° The litigation argued that the EIR being prepared on the County's General Plan must include an analysis of the impact of development on global wazzrting: The core of the Settlement Agreement is the County's corr,rr,;tment to a thirty month process aimed at cutting greenhouse gas emissions attributable to land use decisions and County government operations. A Greenhouse Gas Emissions Reduction Plan would include an inventory of all sources of GHG in the County; an inventory of the 1990 emissions level and that projected for 2020; and a target for reduction of the emissions attributable to the county's discretionary land use decisions and its own internal operations. First the County will amend its general plan by adding a policy that describes the County's goal of reducing GHG attributable to discretionary land use decisions and its internal operations. Then, to implement the general plan's goal "to ensure good air quality for the County's residents, businesses, and visitors to reduce impacts on human health and the economy," the County will prepaze a GHG Emissions Reduction Plan. Note: This goal was included in the County's general plan e As of August 21, 2007, the AG had submitted formal comments under CEQA to San Bernardino, San Diego, Sacramento, Orange County, Merced, Kern, Fresno, San Joaquin, Contra Costa, Yuba, Richmond, and San Jose. 3 is-iz before the Attorney General brought the litigation. The Attorney General azgued that the E]R on the general plan must analyze GHG emissions in order to "ensure good air quality...." A similar goal might be found i.n many general p1ans.5 Voluntary Commitment to Reduction of G~I3G Emissions Practices of Local Governments U.S. Mayors Climate Protection Agreement :ind Cities for Climate Protection: Many California cities have made commitments to policies to reduce global wa*m;ng through either the U.S. Mayors Climate Protection A;~reement or the Cities for Climate Protection (ICLEn.6 Signatories to the U.S. Mayors Climate Protection Agreement urge the federal and state governments to enact policies to reduce global warrr,;ng; urge the U.S. Congress to pass bipartisan greenhouse gas reduction legislation; and strive to meet or exceed Kyoto Protocol targets for reducing global w~i-m;ng pollution by taking actions such as: inventory global warm;ng emissions in City operations and in the community; adopt and enforce land-use policies that reduce sprawl, preserve open space, and create compact, walkable urban communities; promote transportation options such as bicycle trails, commute trip reduction programs and public transit; increase the use of clean alternative energy; increase the average fuel efficiency of municipal fleet vehicles; and increase recycling rates in City operations and in the community. Adoption of a general plan policy and/or greenhouse gas reduction plan :is a logical extension of, and can be based upon, a California city's commitment to the 1J.S. Mayors Climate Protection Agreement. Local governments join the Cities for Climate Protection campaign by passing a resolution pledging to reduce greenhouse gas emissions from their local government operations and their communities. To help cities achieve their goals, ICLEI then assists the cities undertake the CCP's five milestones: (1) Conduct a baseline emissions inventory and forecast; (2) Adopt an enussio~is reduction target for the forecast yeaz; (3) Develop a Local Action Plan; (4) Implement policies and measures; and (5) Monitor and s The State ARB is charged with adopting rules and regulations "to achieve the maximum technologically feasible and cost-effective gn~enhouse gas emissions reductions from sources or categories of sources." "Source" means any source of greenhouse gas emissions whose emissions are at a level of significance as determined by the Board. (Health 8i Safety Code §§ 38560 and 38505(1.)). This means that the State ARB.is authorized to regulate the transportation and land use sector. This conclusion is supported by the Settlement Agreement between the AG and San Bernardino County. The Agreement requires the County to adopt a Plan which includes an inventory of "all known, or reasonably discoverable, sources of greenhouse gases." For purposes of the inventory, "source" has the same meaning as "source" in AB 32. In addition, the Agreement anticipates that the County will be regulated by the CARE and states that in the event of a conflict between the County's Plan and the CARB's regulations, compliance with the regulations shall be deemed to be in compliance with the Settlement Agreement. 6 Website? 4 14-13 verify results. Participation in the CCP also can be used as the foundation for the adoption of a general plan policy and or greenhouse gas reduction plan. Participation in these two programs demonstrates that many California cities have already taken the first steps towards incorporating climate change policies into their general plans. Greenhouse eas emissions reduction plan: All greenhouse gas emissions reduction plans begin with an emissions inventory. Many such inventories have been completed. For example, in the Bay Area, the BAAQMD completed an inventory in 2005 of all Bay Area Counties. Marin County completed an inventory in 2006. Sonoma County's inventory was completed in 2005. The State ARB recognizes the Emissions Factor Model (EMFAC) to calculate emissions rates from all motor vehicles such as passenger cars and light trucks. EMFAC 2007 is the most recent version of the model. City of Riverside: The EIR for the City of Riverside's General Plan found that the General Plan had a significant and unavoidable impact on air quality because it conflicts with or obstructs implementation of the Air Quality Management Plan for the South Coast Air Basin. That Plan sets forth a comprehensive program that will lead SCAB into compliance with all Federal and State air quality standards. The EIR analyzed emissions from growth anticipated in the General Plan and concluded that long-term daily emissions associated with General Plan build-out would substantially exceed daily thresholds for all criteria pollutants. According to the General Plan Traffic Report, build= out of the General Plan at typical densities is expected to increase traffic by approximately 50%. Noting that the transportation sector is responsible for approximately 41% of California's GHG emissions, the EIR concludes that the impact to GHG production is considerable. Based upon these conclusions, the General Plan included two pages of policies to reduce vehicle miles traveled by concentrating development around public transportation; integrating land use with transportation; and encouraging a mixture of compatible and synergistic land uses. Notable in this analysis is that the City relied on a conflict between the General Plan build-out and the regional air quality plan to support programs which would reduce vehicle miles traveled. The discussion was not framed as "global warming" but rather as a common CEQA consideration: conflict between a local and regional air quality plan_ County of Napa: The County of Napa's Draft EIR accompanying its General Plan update includes a discussion entitled "Greenhouse Gases and Climate Change Linkages." It identifies Climate change as a global problem and GHGs as global pollutants and notes that neither Napa County, BAAQMD or ARB have established significance criteria in relation to greenhouse gas emissions associated with general plans. It then turns to the BAAQMD Clean Air Plan since inconsistency with the Plan is considered a significant impact. A local plan should be consistent with the CAP population and VMT 5 14-14 assumptions; and should demonstrate reasorcable efforts to implement Transportation Control Measures included in the CAP. The: EIR identifies the following impacts as significant and unavoidable: Air Quality: Implementation of the General Plan would not be consistent with the Clean Air Plan since County population and employment projects would exceed regional growth projections prepared. by AB AG and projected VMT would increase at a faster rate than the population. Land uses and development would result in increased emissions of ozone precursors resulting primarily from vehicles. The increased emissions would exceed the BAAQMD thresholds. Mitigation: The County shall includes a policy in the General Plan that requires the County to conduct a greenhouse gas emission inventory analysis of all major emission sources by the year 20008 in a manner consistent with Assembly Bill 32 and then seek reductions such that en-ussions are equivalent to year 1990 levels by the yeaz 2020. Cumulative: Land Uses and growth sunder the proposed General Plan Update would contribute to an increase in GHG emissions from vehicle transportation, building energy use and possibly agricultural operations and may contribute to increases in atmospheric GHG concentrations.. Higher concentrations of GHGs have been linked to the phenomenon of climate change. Mitigation: The County shall include: policy provisions in the General Plan to provide incentives and opportunities Eor the use of energy-efficient forms of transportation such as public transit, carpooling, walking, and bicycling. This will include the provision or extension of transit to urban azeas where development densities would support transit use. Mitigation: The County shall include: a policy in the General Plan to support intergovernmental efforts directed at stringent tailpipe emissions standards and inspection and maintenance programs for all feasible vehicle classes. Mitigation: The County shall include. a policy in the General Plan that requires the evaluation of potential project-specific air quality impacts of new development projects and will require: appropriate design, construction, and operational features, to reduce emissions. County of Sonoma and its Cities: Tn 2002, Sonoma became the first county in the nation where 100% of its cities (and the county) joirced the Cities for Climate Protection program of the ICLEI. The County took the first step in implementing the program when, 2005 a Greenhouse Gas Emission Inventory for all sectors of Sonoma County was prepared by the Sonoma County Climate Prorection Campaign with funding from the Bay 6ia-is Area AQMD. Following emission accounting protocols from Cities for Climate Protection, the Inventory categorized emissions from electricity and gas; vehicular transportation; agriculture; and solid waste. The Inventory recommended that Sonoma County adopt a 20% reduction from 1990 emission levels by 2010. In partnership with each of the cities and the county, the Sonoma County Climate Protection Campaign (a non-profit organization) is developing a Community Climate Action Plan to guide the policies of the local governments. County of Marin: )ii October 2006 Marin County adopted a countywide Greenhouse Gas Reduction Plan as part of the Cities for Climate Protection program of the ICLEI. The Plan recommends measures in a variety of categories including building standards, land use, transportation, which are estimated to result in a GHG reduction that is 21% below the expected 2020 level. In September 2007, Marin County completed a Re-Inventory of Greenhouse Gas Emissions to guide future actions to reduce GHG emissions. Additional Information and Helpful Resources Several statewide organizations have prepared papers on climate change: 1. :Planning Policy Pri~zciples for Climate Change Response (September 2007 by California Chapter of American Planning Association); 2. Altenzative Approaches to Analyzing Greenhouse Gas Emissions and Global Climate Change in CEQA (June 2007 by Association of Environmental Professionals); 3. CAPCOA These are example of inventories of Greenhouse Gas Emissions: 1. Marin County Inventory of Greenhouse Gas Emissions http://w ww. co.marin. ca. us/depts/CD/main/comdev/advance/sustain ability/susini ti atives/climate/Climate. cfin 2. Greenhouse Gas Emissions Inventory for all sectors of Sonoma County (January 2005) prepared by BAAQMD and Sonoma County Waste Management Authority as part of the Sonoma County Climate Protection Campaign. http://ww~s~.climateprotectioncampaiQn.ors/sonomaccp/index.phpfsonoma county climate protection campaign Here are some other helpful. websites 1. http://www.ceaamap.com: This website contains a library of each CEQA document that has addressed climate change. The library is searchable and organized by counties. All documents are available for download after a free account is created. 7 is-is 2. httD://www.opr.ca.eov: The website of the Governor's Office of Planning and Research contains several links which provide helpful information. 3. A paper entitled "Addressing Climate: Change in NEPA and CEQA Documents" is available for download at htto://wv~rw.climatechanaefocusaroup.com. 4. The work of the Governor's Climate .Action Team can be found at htto:/hvww.clim atechan ae_ ca. Gov 5. The work of the California Air Resources Board can be followed at http://www.azb. ca.gov Final Note There aze a variety of climate change prograzns and policies being considered by California cities and counties. Excellent work has been done by a variety of professional and government organizations. The field continues to evolve. 8 14-17