California's Global Warming Act

1. California's Global Warming Act Presented by: Jila Priebe Statewide Transit Planning & Research Branch Division of Mass Transportation California Department of Transportation

2. AB 32, California's Global Warming Act • California's Global Warming Act of 2006 (Nunez and Pavley, Chapter 488). • Establish a statewide Green House Gas (GHG) emissions cap for 2020, based on 1990 emissions by January 1, 2008; • Makes the Air Resources Board (ARB) responsible for monitoring and reducing GHG emissions; • Adopt mandatory reporting rules for significant sources of greenhouse gas by January 1, 2008;

3. AB 32, California's Global Warming Act • Adopt a plan by Jan. 1, 2009 indicating how emission reductions will be achieved from significant GHG sources via regulations, market mechanisms and other actions. • Adopt regulations by Jan. 1, 2011 to achieve the maximum technologically feasible and cost-effective reductions in GHGs, including provisions for using both market mechanisms and alternative compliance mechanisms.

4. AB 32, California's Global Warming Act • Requires ARB to: • Convene an Environmental Justice Advisory Committee, • Economic and Technology Advancement Advisory Committee. • Ensure public notice and opportunity for comment for all ARB actions. • Prior to imposing any mandates or authorizing market mechanisms, requires ARB to evaluate several factors, including but not limited to : impacts on California’s economy, the environment, and public health; equity between regulated entities; electricity reliability, conformance with other environmental laws, and ensure that the rules don not disproportionately impacts low-income communities.

5. The Scoping Plan • ARB adopted Scoping Plan Dec. 11, 2008 • Scoping Plan goals; – By 2020 reduce GHG back to 1990 levels, – On track to reduce 80% from 1990 level by 2050 • Scoping Plan recommends mix of strategies combining market mechanisms, other regulations, voluntary measures, energy efficiency, and fees.

6. Scoping Plan Key Elements • State Government • Transportation • Energy • Industrial sources • High “global warming potential” GHG measures • Recycling and waste reduction • Agriculture and forests • Water efficiency • Local Government Actions • Regional Passenger Vehicle GHG Targets

7. SB 375Landmark Legislation • “In order to reach California’s greenhouse gas goals we must rethink how we design our communities” (From Governor’s Office Fact Sheet on SB 375)

8. SB 375 Signed on September 30, 2008 by the Governor. The bill only impacts and directs the MPOs in California. The bill does not impact counties located outside of an MPO boundary. The bill addresses three primary areas:

9. SB 375 • Regional GHG Transportation Planning Process and Sustainable Communities Strategy (SCS) (with no requirement for local governments to be consistent) • CEQA Benefits for Infill and Projects Consistent with the Sustainable Community Strategy, and Transportation Funding for Projects Consistent with the SCS • Regional Housing Need Allocation (RHNA) Alignment.

10. Impacts of SB 375 on Transportation Planning • Requires the California Air Resources Board (ARB) to develop regional greenhouse gas (GHG) emission reduction targets for cars and light trucks for each of the 18 Metropolitan Planning Organizations (MPOs). • Each of the MPOs are required to develop plans to meet their regional GHG reduction target. • This would be accomplished through either the financially constrained sustainable communities strategy as part of their regional transportation plan (RTP) or an unconstrained alternative planning strategy. • Provides streamlining of California Environmental Quality Act (CEQA) requirements for specific residential and mixed-use developments.

11. SB 375 • Requires the Air Resources Board to set regional targets for the purpose of reducing greenhouse gas emissions from passenger vehicles, for 2020 and 2035. • The Board must appoint a Regional Targets Advisory Committee (RTAC) to provide recommendations on factors to be considered and methodologies to be used in the target setting process. • The Committee is required to provide recommendations in a report to the Air Resources Board by September 30, 2009.

12. Regional Targets Advisory Committee (RTAC) • The Committee may consider the following, and any other relevant issues. ARB shall consider the recommendations prior to setting the targets: • Modeling techniques • Growth forecasts • Jobs-housing balance • Interregional trips • Economic trends • Demographic trends • Benefits of land use and transportation strategies • Methods to describe regional targets • Methods to monitor performance in meeting targets

13. Regional Targets Advisory Committee (RTAC) • Committee Members include representatives of: • Metropolitan planning organizations (MPO), • Local transportation agencies, • Air districts, • The League of California Cities, • California State Association of Counties, • Organizations involved with planning, the environment, environmental justice, and affordable housing.

14. Impacts of SB 375 on Transportation • SB 375 requires regional transportation plans to include a "sustainable community strategy" (SCS) to meet GHG reduction targets for vehicle travel set by the California Air Resources Board (the state agency developing AB 32 regulations).  • SB 375 requires that ARB certify that the SCS will reach these targets by decreasing GHG emissions from automobiles and light trucks.  • Transportation projects that are part of the SCS will have priority on State transportation money.

15. Impacts of SB 375 on Transportation • Although the law focuses on regional planning efforts, it does not supersede city or county land use powers and local plans are not required to be consistent with the approved SCS. • CEQA Incentives for Specific Projects • Projects consistent with a SCS qualify for relief from some California Environmental Quality Act (CEQA) which will reduce project costs, processing time and legal risks. • The bill also provides significant changes to Housing Element law, especially the timing and requirements for Regional Housing Needs Allocation (RHNA) planning. 

16. Impacts of SB 375 on Transportation • Two types of projects are eligible for CEQA incentives if they are consistent with the SCS: • Transit Priority Projects: Transit Priority Projects are defined as having at least 50% residential use, a density of at least 20 units per net acre and located within a half mile of a regional transit corridor. • and residential or mixed use residential projects.  Residential or mixed use residential projects must have at least 75 percent of the total square footage for residential use.

17. Impacts of SB 375 on Transportation • Transit Priority Projects qualify for a CEQA exemption if they: (1) are consistent with the SCS; (2) meet eight environmental criteria, including no wetlands/riparian areas, historic resources, hazards or endangered species located on the site; and (3) meet seven land use criteria, including affordable housing or open space requirements. 

18. When Considering Factors andMethods • SB 375 states that: • Targets are to be met with land use and transportation measures and policies • ARB Board asks the RTAC to: • Recommend methods to evaluate the full potential for reducing greenhouse gas emissions in each major region of the state.

19. Summary • The law does not include rural areas, and RTPAs. However; • It is important to become involve early on in decision making process. • To reduce GHG emission all and everyone will be impacted in the long run. • Transit is an important component towards achieving the goal.

20. References • For information on the ARB's Climate Change Program, visit www.arb.ca.gov/cc/cc.htm. http://www.arb.ca.gov/homepage.htm http://www.arb.ca.gov/cc/sb375/sb375.htm FTA: http://www.fta.dot.gov/index_Allocation.html