Thursday, February 25, 2010, 12:39:34 PM
CEQA Guidelines on Greenhouse Gas Impacts Take Effect in March
On March 18, 2010, amendments to CEQA guidelines will take effect, requiring the analysis of greenhouse gas (GHG) impacts.
So, any remaining questions on whether CEQA requires GHG analysis have been eliminated. The issue now is how to perform the analysis. The State CEQA Guidelines left discretion to public agencies to determine the methodology and standards of significance for evaluating GHG impacts. Some air quality districts are providing some guidance for how agencies may address this issue, but the approaches are not uniform. Agencies need to decide how they are going to perform this analysis, considering issues such as a quantified versus qualitative standard and the use of a programmatic analysis based on adoption of a GHG reduction or climate action plan.
These challenging issues are addressed in an article by our firm, Meyers Nave, published this week. The article describes the applicable regulations and evaluates the issues and risks presented by different approaches. Click here to read the article.
Monday, February 1, 2010, 10:18:24 AM
EIR Required for Ordinance Banning Plastic Bags
In
Save the Plastic Bag Coalition v. City of Manhattan Beach, the Second District Court of Appeal (Los Angeles) has held that the California Environmental Quality Act (CEQA) required the City of Manhattan Beach to prepare a full Environmental Impact Report (EIR) before approving an ordinance to ban stores and other retail outlets from distributing plastic bags. The case illustrates the breadth of agency approvals which may qualify as “projects” requiring environmental review under CEQA, and the low threshold for CEQA’s requirement that a project be studied in an EIR if there is a “fair argument” that it could cause a significant environmental impact. However, perhaps the more significant ruling is that the petitioner, an association of plastic bag manufacturers, was granted standing to oppose the City’s compliance with CEQA. Read more
here.
Wednesday, January 20, 2010, 01:23:04 PM
California To Go Green! First Mandatory State Green Building Code in Nation
Last week the California Building Standards Commission unanimously approved a new building code “2010 CalGreen” that will take effect January, 2011. 2010 CalGreen is an update to the 2008 California Green Building Standards discussed in an earlier post and differs from the 2008 Green Building Standards Code in that its provisions are stricter and mandatory.
2010 CalGreen has been hailed by the San Francisco Chronicle as the most stringent and environmentally friendly state building code. However, a coalition of environmental and green building certification groups are criticizing 2010 CalGreen as a step backward, since its requirements are less strict than LEED standards and building codes already adopted in some California cities, such as Los Angeles and San Francisco. The Los Angeles Times reported that the some groups take issue with CalGreen because "the tiers cause confusion in the marketplace.” Others are in support of 2010 CalGreen because it was drafted to allow builders to receive green certification without paying for costly third-party green certification. Although the Commission touts the benefits of the 2010 CalGreen over private, point-based systems such as LEED, cities may still require LEED certification in their local green building codes. San Francisco, for one, has no intention of changing its LEED certification requirements, according to the Chronicle.
Regardless, everyone seems to agree that the mandatory basic requirements of 2010 CalGreen are a major step toward a greener California. 2010 CalGreen requires that new construction reduce water consumption by 20%, divert 50% of construction waste from landfills, and install low pollutant-emitting materials such as paints and carpets. The California Air Resources Board estimates that the Code’s mandatory provisions will reduce greenhouse gas emissions by 3 million metric tons equivalent by 2020. 2010 CalGreen also contains more stringent voluntary provisions for cities to use as a baseline in order to reduce greenhouse gas emissions.
The State Building Standards Commission is working to release a draft of 2010 CalGreen in the next few weeks.
Monday, December 21, 2009, 04:04:50 PM
Metropolitan Transportation Commission (MTC) Announces Funding for Innovative Transportation Plans, Including Climate Action Plans
As the new year approaches, my colleagues and I are reflecting on what this year brought to climate change law and looking ahead for upcoming regulations. For example, this month the Environmental Protection Agency (EPA) issued a final finding that greenhouse gas emissions pose a danger to human health and the environment. We at Meyers Nave are particularly focused on the struggle of cities and counties to access the funds needed to implement recent climate change laws in a poor economy. To this end, we welcome the Metropolitan Transportation Commission's announcement that it has established a pool of funding to be used locally for innovative transportation projects.
MTC is a nine-county Bay Area regional transportation planning body and its funding will be focused on at least four components. The first, and most remarkable for cities, is the funding of climate action plans that contain innovative parking campaigns such as SFPark. Other programs that may receive funding include Safe Route to Schools programs, educational outreach for the link between climate change and transportation choices, and evaluation models to ensure that all regional projects have consistent metrics.
This program is one step towards the reductions required in climate legislation such as AB 32 and SB 375, and a step away from historical transportation planning which focuses on increasing capacity for cars.
For more information regarding the funding program, see San Francisco Streetsblog report of MTC’s funding announcement.
Thursday, October 1, 2009, 09:54:40 AM
SB 375 - RTAC Issues Final Report on Setting Greenhouse Gas Emission Targets
The latest step in the implementation of SB 375, a report issued by the Regional Targets Advisory Committee (RTAC) recommending methodologies for setting regional greenhouse gas (GhG) targets, was published yesterday. SB 375 requires that the California Air Resource Board (CARB) set regional GhG targets for passenger vehicles and light trucks for 2020 and 2035 by September 30, 2010 for the 18 Metropolitan Planning Organizations (MPOs) in the state. CARB’s target was initially set a five million metric tons reduction for transportation related planning programs. The RTAC, tasked with researching factors and methodologies to be considered in establishing the GhG targets, finalized and published its report on September 29. For more information on the RTAC process, see our previous blawg post.
The RTAC's final conclusions are especially relevant for localities amending their general plans in the next couple of years. The RTAC Report recommends that the targets be expressed as percent per-capita GhG reduction from the base year of 2005. Targets would be the most ambitious achievable for that region in order to respond to regional differences. The Report recommends that CARB create a list of Best Management Practices (BMPs) for tools to be used in target setting, target compliance and accuracy checks. The Report also recognizes that funding will be critical for the success of SB 375 and that the $90 million appropriation made by SB 732 for sustainability planning is not nearly enough funding for local governments to implement SB 375. To this end, the Report includes four pages of suggestions for the state in directing funds towards transit and sustainability planning in SB 375.
Going forward, the RTAC has recommended following steps for CARB to take in setting the targets: 1) MPOs must first prepare an analysis of their adopted fiscally constrained Regional Transportation Plan; 2) CARB uses these results to compile MPO-specific GhG emission levels for 2005 and GhG targets for 2020 and 2035; 3) CARB creates “most achievable ambitious greenhouse gas emission reduction” strategies to achieve targets; 4) MPOs analyze strategies; 5) CARB considers stakeholder feedback; 6) CARB recommends draft targets; 7) Final emission targets are set by September, 2010.
Much of the success of SB 375 hinges on the stringency of the GhG targets set by CARB and the funding available to localities for SB 375 implementation.
Friday, July 10, 2009, 11:11:47 AM
Will Proposed Elimination of the Office of Planning and Research (OPR) Affect Climate Change Laws?
Proposed Assembly Bill 180 (the State Budget Act, as recently amended but not enacted) is proposing to eliminate the Office of Planning and Research (OPR) by January 1, 2010 in an effort to address the state budget shortfall. OPR’s responsibilities regarding the State Clearinghouse and Planning Unit for the California Environmental Quality Act (CEQA) would be transferred to the California Air Resource Board (CARB). The question remains whether CARB, which favors a more detail-oriented and ambitious plan to cut greenhouse gases than OPR, will assume more CEQA GHG regulation authority in the future if this Bill passes.
Recall that AB 32, the Global Warming Solutions Act of 2006, requires the State to reduce GHG emissions to 1990 levels, as determined by CARB. In 2007, SB 97 established that GHGs should be included in CEQA and in January OPR proposed draft amendments to CEQA Guidelines that include guidance for analyzing GHGs under CEQA.
OPR first requested CARB's assistance with the Guidelines and CARB released a draft document for GHG significance thresholds under CEQA that outlines an ambitious sector-based approach that determines a project’s significance level based on both quantitative standards and qualitative, performance-based standards. OPR chose not to include ARB’s recommendations in its final Guidelines, which recognize that although climate change is ultimately a cumulative impact, not every project with GHG emissions must be determined to contribute to significant, cumulative impacts.
The Natural Resource Agency, the entity with final control over OPR's Guidelines, has released a Notice of its proposed amendments to the Guidelines. Since the Natural Resource Agency must pass the Guidelines by January 1, 2010, CARB does not have direct authority to influence the Guidelines even if the Bill passes.
Only time will tell if ARB will assume any residual or additional GHG regulatory duties if the dissolution of OPR occurs. As of now, it is just food for thought.
Note that CARB is also the state agency in charge of setting regional greenhouse gas targets through SB 375.
Tuesday, June 30, 2009, 07:56:35 AM
Resources for Greenhouse Gas Reduction Measures and Plans
Many public agencies are considering the adoption of greenhouse gas reduction measures and plans. These plans help agencies comply with developing legal requirements. They also benefit agencies by retaining local control, reducing legal risk, and saving energy and other costs. There are several resources that provide guidance, technical assistance and funding for the development of these plans. Read more here.
Thursday, June 4, 2009, 03:37:16 PM
SB 375 Targets Still Evolving - Cities and Counties Stay Tuned
SB 375 requires that the California Air Resource Board (CARB) set regional greenhouse gas targets by September 30, 2010. Currently, CARB’s target is a five million metric tons reduction for transportation related planning programs, but this is subject to change. CARB created the Regional Targets Advisory Committee (RTAC), which is currently considering methodologies and factors that should be taken into account when setting CARB's greenhouse gas emission targets. The RTAC has held seven meetings since February. In its previous meetings, the RTAC focused on whether greenhouse gas emission targets should be set regionally or per capita and how the targets will account for inter-regional travel. Today, the RTAC meeting focused on regional data regarding factors that affect regional greenhouse gas emissions (such as distance between jobs and residential development and the percent increase in developed land).
The fact that RTAC is slowly moving through the long target setting process means that cities and counties will need to use their best judgment in regulating greenhouse gas emissions in the interim. Although SB 375 does not trump local land use laws, it is still an important law for localities to follow because it links regional plans to transportation funding and housing elements. Cities should stay tuned to the RTAC's final conclusions, especially those localities amending their general plans in the upcoming couple of years. Until RTAC issues its conclusions, certain greenhouse gas emissions regulations, such as the inventorying of greenhouse gases, are certain; others, such as “feasible mitigation measures,” remain somewhat ambiguous.
For handouts and agendas for each of the RTAC’s meetings, click here.
Tuesday, May 19, 2009, 08:29:06 AM
Energy Efficiency and Conservation Block Grants Offer Unique Opportunities for California Cities
The United States Department of Energy’s (DOE) Energy Efficiency and Conservation Block Grant (EECBG) program, administered under the American Recovery and Reinvestment Act (ARRA) provides grants to fund projects that reduce energy use and fossil fuel emissions, and that improve energy efficiency. The deadline for units of local governments and tribal applicants to apply for these grants is June 25, 2009. Read more.
Thursday, April 30, 2009, 11:08:46 AM
Latest OPR CEQA Guidelines Emphasize Local Greenhouse Gas Reduction Plans in CEQA Review
Senate Bill 97 directed the Office of Planning and Research (OPR) to develop regulations for the analysis and mitigation of greenhouse gases under the California Environmental Quality Act (CEQA). OPR has issued a final draft of these regulations as amendments to the CEQA Guidelines. For the Guidelines to become law, the Natural Resources Agency must approve them by January 1, 2010. Read more here.
