California Global Warming California Global Warming Solutions Act of 2006 Solutions Act of 2006

(AB 32, H&S Code § 38500, et seq.)(AB 32, H&S Code § 38500, et seq.)

Prepared and Presented byJoel Ellinwood, AICP/Attorney, Sacramento

“Respect Local Control . . . Provide Regional Perspective”

Western Riverside Council of Governments

Challenge forChallenge forLocal Local

GovernmentGovernment

Think Think GloballyGlobally

Act Locally

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Greenhouse Gas EmissionsGreenhouse Gas EmissionsReduction Goals & ChallengesReduction Goals & Challenges

• Lower to 1990 levels by 2020 Lower to 1990 levels by 2020 – 25 – 30 % below current levels 25 – 30 % below current levels – Population increase of 18 – 20 % (7 million)Population increase of 18 – 20 % (7 million)

• Lower to 80% of 1990 level by 2050Lower to 80% of 1990 level by 2050– Population increase of 10 – 15 million MOREPopulation increase of 10 – 15 million MORE

• How? – catch me laterHow? – catch me later “ “Scoping Plan” by 1/1/2009Scoping Plan” by 1/1/2009

New regulations by 1/1/2011 to beNew regulations by 1/1/2011 to be effective on 1/1/2012effective on 1/1/2012

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Climate Action Team Climate Action Team PlayersPlayers

• Cal Environmental Protection Cal Environmental Protection AgencyAgency– California Air Resources Board (CARB)California Air Resources Board (CARB)

• California Resources Agency California Resources Agency – California Energy Commission (CEC)California Energy Commission (CEC)

• California Business Transportation & California Business Transportation & Housing AgencyHousing Agency– Cal Dept. of Transportation (CalTrans)Cal Dept. of Transportation (CalTrans)

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Climate Action Team Climate Action Team BenchBench• Land Use PlanningLand Use Planning

Governor’s Office of Planning & Research (OPR) Governor’s Office of Planning & Research (OPR) Charged with State Planning & Coordination of all State, Charged with State Planning & Coordination of all State, Regional & Local Agencies – Issue Delegated to Energy Regional & Local Agencies – Issue Delegated to Energy Commission (?)Commission (?)

• Sea Level RiseSea Level Rise California Coastal CommissionCalifornia Coastal Commission SF Bay and Delta CommissionsSF Bay and Delta Commissions

• Flooding and DroughtFlooding and Drought Flood Control Commission (Reclamation Bd)Flood Control Commission (Reclamation Bd)

Levee DistrictsLevee Districts Food & Ag Dept, Dept of Forestry, Water ResourcesFood & Ag Dept, Dept of Forestry, Water Resources

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Climate Action Team Also Climate Action Team Also RansRans

Playing Catch-Up Big TimePlaying Catch-Up Big Time• State LegislatureState Legislature

– Pending implementation measuresPending implementation measures• Attorney GeneralAttorney General

– Represents State in suits by Represents State in suits by automakersautomakers

– Sues Federal GovernmentSues Federal Government– Sues Local Governments (CEQA)Sues Local Governments (CEQA)

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Climate Action Team No Climate Action Team No ShowsShows

• Local GovernmentLocal Government• COGs Metro Planning AgenciesCOGs Metro Planning Agencies• Local & Regional InitiativesLocal & Regional Initiatives

– Conference of MayorsConference of Mayors– Silicon Valley Leadership GroupSilicon Valley Leadership Group– Clean Cities Coalition Clean Cities Coalition

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Emission Source InventoryEmission Source Inventory

• Industrial sources (refineries, cementIndustrial sources (refineries, cement

plants, steel etc.) plants, steel etc.) 18%18%

• Power plants Power plants 28%28%

• Transportation – internal combustionTransportation – internal combustion

powered VEHICLE MILES TRAVELED powered VEHICLE MILES TRAVELED 39%39%– historic trend historic trend 2%2% average annual increase average annual increase

in VMT in VMT

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Greenhouse Gas End UsersGreenhouse Gas End Users

• Built environment Built environment (materials, lighting,(materials, lighting,

heating & cooling) heating & cooling) 48%48%

• Transportation Transportation 27%27%

• Industry Industry 25%25%

• Trending upTrending up

(Source: AIA)(Source: AIA)

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Potential Means of Emissions Potential Means of Emissions ReductionReduction

• New technology / rethink old choicesNew technology / rethink old choices

(e.g. natural gas vs. nuclear power)(e.g. natural gas vs. nuclear power)

• Regulation – command & controlRegulation – command & control

• Market Mechanisms – Trading, Carbon Market Mechanisms – Trading, Carbon TaxTax

• Retrofit & Infill – reduce existing sourcesRetrofit & Infill – reduce existing sources

• Zero Carbon Footprint of new growth & Zero Carbon Footprint of new growth & developmentdevelopment

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Locus of government Locus of government authorityauthority• Federal controlFederal control

– Foreign Policy; Tax Policy; BudgetForeign Policy; Tax Policy; Budget– State seeks exemptions or powerState seeks exemptions or power

• Clean Air Act Vehicle Emissions standardsClean Air Act Vehicle Emissions standards• RailroadsRailroads• Ports and maritimePorts and maritime• Carbon Credit Trading MarketsCarbon Credit Trading Markets

• State controlState control– HighwaysHighways– Power and public utilitiesPower and public utilities– Water and air quality enforcement; Tax policyWater and air quality enforcement; Tax policy

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Locus of government Locus of government authorityauthority• Local Control = Key to VMT reductionLocal Control = Key to VMT reduction

– Land UseLand Use – – Where people live and workWhere people live and work– Public transitPublic transit – – How they get thereHow they get there– RedevelopmentRedevelopment – – Rebuilding the coreRebuilding the core– Local districtsLocal districts – – means to financemeans to finance

• No Intermediate Regional Legal No Intermediate Regional Legal AuthorityAuthority– Mismatch of scale between problems, Mismatch of scale between problems,

solutions and authority to plan & implementsolutions and authority to plan & implement

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Locus of government Locus of government authorityauthority• Local Control with Responsibility for Global Local Control with Responsibility for Global

Impacts and Regional Scale of Problems and Impacts and Regional Scale of Problems and Solutions =Solutions =

• Local Powerlessness & Loss of ControlLocal Powerlessness & Loss of Control

• Empowerment and Incentives for Local Empowerment and Incentives for Local Control to Implement Regional StrategiesControl to Implement Regional Strategies

• The sum of all personal & local decisions The sum of all personal & local decisions are as important as state or national are as important as state or national decisionsdecisions

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Reform of Regional Planning Reform of Regional Planning and Development Decision and Development Decision MakingMaking

• Rationalization of Existing Agency Rationalization of Existing Agency Powers & PrioritiesPowers & Priorities

– LAFCosLAFCos– Councils of Governments – Metro Planning Councils of Governments – Metro Planning

AgenciesAgencies– Regional Transportation Planning AgenciesRegional Transportation Planning Agencies– Regional Transit AgenciesRegional Transit Agencies– Regional Air Quality Enforcement DistrictsRegional Air Quality Enforcement Districts– Regional Water Quality Control BoardsRegional Water Quality Control Boards– Regional Air Quality Control BoardsRegional Air Quality Control Boards

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Reform of Regional Planning Reform of Regional Planning and Development Decision and Development Decision MakingMaking

• Authority to Implement Regional Authority to Implement Regional Solutions Solutions – Regional Impact Fees (Mitigation Fee Act JPA)Regional Impact Fees (Mitigation Fee Act JPA)– Preservation of Open SpacePreservation of Open Space– Location, Entitlements and Financing for Location, Entitlements and Financing for New Sustainable CommunitiesNew Sustainable Communities– Coordination of Transportation & Land UseCoordination of Transportation & Land Use

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Reform of Regional Planning Reform of Regional Planning and Development Decision and Development Decision MakingMaking • Top Down – State Mandates to Existing LocalTop Down – State Mandates to Existing Local

Governments, e.g. new General Plan element Governments, e.g. new General Plan element • One Size Fits All One Size Fits All ● ● Unfunded MandatesUnfunded Mandates

• Irrational equality for diverse contexts and problems Irrational equality for diverse contexts and problems

• Incentives and Funding for RegionalIncentives and Funding for Regional

Cooperation – Tolerance for Diversity of MeansCooperation – Tolerance for Diversity of Means

• Bottom Up - Local Vision, Initiative, CooperationBottom Up - Local Vision, Initiative, Cooperation

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Reform of Regional Planning Reform of Regional Planning and Development Decision and Development Decision MakingMaking • Key Interest Groups Will Influence OutcomeKey Interest Groups Will Influence Outcome

– State Agencies (CalTrans vs. CARB)State Agencies (CalTrans vs. CARB)– Cities & Counties, COGs & LAFCosCities & Counties, COGs & LAFCos– Professional & Advocacy Groups (APA, Professional & Advocacy Groups (APA,

Environmental Groups, Chamber, FarmEnvironmental Groups, Chamber, Farm

Bureau, etc.)Bureau, etc.)– Building Industry Association (BIA)Building Industry Association (BIA)

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Reform of Regional Planning Reform of Regional Planning and Development Decision and Development Decision MakingMaking • Pending Legislation:Pending Legislation:

SB 375 – Steinberg SB 375 – Steinberg

RTIP/Blueprint becomes keyRTIP/Blueprint becomes key

CEQA Climate Change Compliance IncentiveCEQA Climate Change Compliance Incentive

“ “Sustainable Community Strategy” (SCS) to Sustainable Community Strategy” (SCS) to accommodate new growth & developmentaccommodate new growth & development

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Reform of Regional Planning Reform of Regional Planning and Development Decision and Development Decision MakingMaking • Pending Legislation:Pending Legislation:

AB 842 – JonesAB 842 – JonesEach regional transportation plan provide for Each regional transportation plan provide for

10% reduction in the growth increment of VMT 10% reduction in the growth increment of VMT HCD to administer the Infill Incentive Grant HCD to administer the Infill Incentive Grant

Program to fund capital improvement projects Program to fund capital improvement projects ranking applicants based upon reduction of ranking applicants based upon reduction of VMT resulting from project VMT resulting from project

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Current Issues for Local Current Issues for Local Government from Climate Government from Climate Change Change What to do while waiting for the What to do while waiting for the sky to fallsky to fall• CEQA Climate Change Impact Analysis of CEQA Climate Change Impact Analysis of

Pending Projects – litigation issue de jourPending Projects – litigation issue de jour

• Planning & Building StandardsPlanning & Building Standards

• Local Government GHG Reduction Plans Local Government GHG Reduction Plans

• Public/Private Partnerships for InnovationPublic/Private Partnerships for Innovation

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CEQA Climate Change CEQA Climate Change AnalysisAnalysis• Quantification – Baseline, FactorsQuantification – Baseline, Factors• Threshold of Significance – MND or EIR?Threshold of Significance – MND or EIR?• Mitigation MeasuresMitigation Measures• Alternatives AnalysisAlternatives Analysis• Significant Unavoidable Impact / Significant Unavoidable Impact /

Finding of Overriding Considerations?Finding of Overriding Considerations?• OPR Guidelines Coming 7/1/2009 – SB OPR Guidelines Coming 7/1/2009 – SB

9797

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Planning & Building Planning & Building StandardsStandards• LEED CertificationLEED Certification• Solar / Alternative Energy MandatesSolar / Alternative Energy Mandates• Pedestrian & Bicycle FriendlyPedestrian & Bicycle Friendly• Transit-Oriented DevelopmentTransit-Oriented Development

– Higher density near transitHigher density near transit– Mixed useMixed use– Quality and Special Sense of PlaceQuality and Special Sense of Place– Common Open Spaces Common Open Spaces

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Local Government GHG Local Government GHG Reduction Reduction • Department level employee and public Department level employee and public

participationparticipation

• Short-term and longer term strategies and Short-term and longer term strategies and goals, regular assessmentgoals, regular assessment

• Everyone can contribute and make a Everyone can contribute and make a difference – empowerment & hopedifference – empowerment & hope

• Less can mean betterLess can mean better

• Meaningful context and support for Meaningful context and support for personal responsibilitypersonal responsibility

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Public/Private Partnerships for Public/Private Partnerships for InnovationInnovation

• Millennial Challenge for Survival on aMillennial Challenge for Survival on a

Global ScaleGlobal Scale

• Remake economic, social and Remake economic, social and natural relationshipsnatural relationships

• Shared risk and common interest Shared risk and common interest surpassing race, class, religion, surpassing race, class, religion, culture, even species culture, even species

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Attitudes Toward Climate Attitudes Toward Climate ChangeChangeWhat to do while waiting for the sky to fallWhat to do while waiting for the sky to fall

• Denial / Resistance Denial / Resistance • Let Someone Else Figure It OutLet Someone Else Figure It Out• Why Bother if China and India Don’t Act First Why Bother if China and India Don’t Act First

??• Do Anything and Everything Because We Do Anything and Everything Because We

Need It All - Henny Penny Need It All - Henny Penny • If We Each Do What is Within Our Power It If We Each Do What is Within Our Power It

Increases the Likelihood that Together We Increases the Likelihood that Together We Will All Do EnoughWill All Do Enough

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Big Government / Local Big Government / Local GovernmentGovernment

• Who first said: Who first said:

““That That government government is best which is best which governs governs leastleast.”.”

• Ronald Reagan ?Ronald Reagan ?• Thomas Jefferson ?Thomas Jefferson ?• Thomas Paine ?Thomas Paine ?• Henry David ThoreauHenry David Thoreau

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Big Government / Local Big Government / Local GovernmentGovernment

“ “The least government that can The least government that can govern is bestgovern is best.”.”

(most local)

^ v(Solve the Problem, Meet the Need)

The greater the power of remote and The greater the power of remote and unaccountable government the less we unaccountable government the less we can control our own community and can control our own community and individual liberty.individual liberty.

Think GloballyThink Globally

Act Locally“Respect Local Control . . . Provide Regional Perspective”