California Global Warming Solutions Act of 2006 (AB 32, H&S Code § 38500, et seq.) Prepared and Presented by Joel Ellinwood, AICP/Attorney, Sacramento “ Respect Local Control . . . Provide Regional Perspective” Western Riverside Council of Governments Challenge for Local Government

Think Globally Act Locally

Greenhouse Gas Emissions Reduction Goals & Challenges Lower to 1990 levels by 2020 25 – 30 % below current levels Population increase of 18 – 20 % (7 million) Lower to 80% of 1990 level by 2050 Population increase of 10 – 15 million MORE How? – catch me later “ Scoping Plan” by 1/1/2009 New regulations by 1/1/2011 to be effective on 1/1/2012

Lower to 1990 levels by 2020

25 – 30 % below current levels

Population increase of 18 – 20 % (7 million)

Lower to 80% of 1990 level by 2050

Population increase of 10 – 15 million MORE

How? – catch me later

“ Scoping Plan” by 1/1/2009

New regulations by 1/1/2011 to be

effective on 1/1/2012

Climate Action Team Players Cal Environmental Protection Agency California Air Resources Board (CARB) California Resources Agency California Energy Commission (CEC) California Business Transportation & Housing Agency Cal Dept. of Transportation (CalTrans)

Cal Environmental Protection Agency

California Air Resources Board (CARB)

California Resources Agency

California Energy Commission (CEC)

California Business Transportation & Housing Agency

Cal Dept. of Transportation (CalTrans)

Climate Action Team Bench Land Use Planning Governor’s Office of Planning & Research (OPR) Charged with State Planning & Coordination of all State, Regional & Local Agencies – Issue Delegated to Energy Commission (?) Sea Level Rise California Coastal Commission SF Bay and Delta Commissions Flooding and Drought Flood Control Commission (Reclamation Bd) Levee Districts Food & Ag Dept, Dept of Forestry, Water Resources

Land Use Planning

Governor’s Office of Planning & Research (OPR)

Charged with State Planning & Coordination of all State, Regional & Local Agencies – Issue Delegated to Energy Commission (?)

Sea Level Rise

California Coastal Commission

SF Bay and Delta Commissions

Flooding and Drought

Flood Control Commission (Reclamation Bd)

Levee Districts

Food & Ag Dept, Dept of Forestry, Water Resources

Climate Action Team Also Rans Playing Catch-Up Big Time State Legislature Pending implementation measures Attorney General Represents State in suits by automakers Sues Federal Government Sues Local Governments (CEQA)

State Legislature

Pending implementation measures

Attorney General

Represents State in suits by automakers

Sues Federal Government

Sues Local Governments (CEQA)

Climate Action Team No Shows Local Government COGs Metro Planning Agencies Local & Regional Initiatives Conference of Mayors Silicon Valley Leadership Group Clean Cities Coalition

Local Government

COGs Metro Planning Agencies

Local & Regional Initiatives

Conference of Mayors

Silicon Valley Leadership Group

Clean Cities Coalition

Emission Source Inventory Industrial sources (refineries, cement plants, steel etc.) 18% Power plants 28% Transportation – internal combustion powered VEHICLE MILES TRAVELED 39% historic trend 2% average annual increase in VMT

Industrial sources (refineries, cement

plants, steel etc.) 18%

Power plants 28%

Transportation – internal combustion

powered VEHICLE MILES TRAVELED 39%

historic trend 2% average annual increase in VMT

Greenhouse Gas End Users Built environment (materials, lighting, heating & cooling) 48% Transportation 27% Industry 25% Trending up (Source: AIA)

Built environment (materials, lighting,

heating & cooling) 48%

Transportation 27%

Industry 25%

Trending up

(Source: AIA)

Potential Means of Emissions Reduction New technology / rethink old choices (e.g. natural gas vs. nuclear power) Regulation – command & control Market Mechanisms – Trading, Carbon Tax Retrofit & Infill – reduce existing sources Zero Carbon Footprint of new growth & development

New technology / rethink old choices

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

Regulation – command & control

Market Mechanisms – Trading, Carbon Tax

Retrofit & Infill – reduce existing sources

Zero Carbon Footprint of new growth & development

Locus of government authority Federal control Foreign Policy; Tax Policy; Budget State seeks exemptions or power Clean Air Act Vehicle Emissions standards Railroads Ports and maritime Carbon Credit Trading Markets State control Highways Power and public utilities Water and air quality enforcement; Tax policy

Federal control

Foreign Policy; Tax Policy; Budget

State seeks exemptions or power

Clean Air Act Vehicle Emissions standards

Railroads

Ports and maritime

Carbon Credit Trading Markets

State control

Highways

Power and public utilities

Water and air quality enforcement; Tax policy

Locus of government authority Local Control = Key to VMT reduction Land Use – Where people live and work Public transit – How they get there Redevelopment – Rebuilding the core Local districts – means to finance No Intermediate Regional Legal Authority Mismatch of scale between problems, solutions and authority to plan & implement

Local Control = Key to VMT reduction

Land Use – Where people live and work

Public transit – How they get there

Redevelopment – Rebuilding the core

Local districts – means to finance

No Intermediate Regional Legal Authority

Mismatch of scale between problems, solutions and authority to plan & implement

Locus of government authority Local Control with Responsibility for Global Impacts and Regional Scale of Problems and Solutions = Local Powerlessness & Loss of Control Empowerment and Incentives for Local Control to Implement Regional Strategies The sum of all personal & local decisions are as important as state or national decisions

Local Control with Responsibility for Global Impacts and Regional Scale of Problems and Solutions =

Local Powerlessness & Loss of Control

Empowerment and Incentives for Local Control to Implement Regional Strategies

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

Reform of Regional Planning and Development Decision Making Rationalization of Existing Agency Powers & Priorities LAFCos Councils of Governments – Metro Planning Agencies Regional Transportation Planning Agencies Regional Transit Agencies Regional Air Quality Enforcement Districts Regional Water Quality Control Boards Regional Air Quality Control Boards

Rationalization of Existing Agency

Powers & Priorities

LAFCos

Councils of Governments – Metro Planning Agencies

Regional Transportation Planning Agencies

Regional Transit Agencies

Regional Air Quality Enforcement Districts

Regional Water Quality Control Boards

Regional Air Quality Control Boards

Reform of Regional Planning and Development Decision Making Authority to Implement Regional Solutions Regional Impact Fees (Mitigation Fee Act JPA) Preservation of Open Space Location, Entitlements and Financing for New Sustainable Communities Coordination of Transportation & Land Use

Authority to Implement Regional Solutions

Regional Impact Fees (Mitigation Fee Act JPA)

Preservation of Open Space

Location, Entitlements and Financing for

New Sustainable Communities

Coordination of Transportation & Land Use

Reform of Regional Planning and Development Decision Making Top Down – State Mandates to Existing Local Governments, e.g. new General Plan element One Size Fits All ● Unfunded Mandates Irrational equality for diverse contexts and problems Incentives and Funding for Regional Cooperation – Tolerance for Diversity of Means Bottom Up - Local Vision, Initiative, Cooperation

Top Down – State Mandates to Existing Local

Governments, e.g. new General Plan element

One Size Fits All ● Unfunded Mandates

Irrational equality for diverse contexts and problems

Incentives and Funding for Regional

Cooperation – Tolerance for Diversity of Means

Bottom Up - Local Vision, Initiative, Cooperation

Reform of Regional Planning and Development Decision Making Key Interest Groups Will Influence Outcome State Agencies (CalTrans vs. CARB) Cities & Counties, COGs & LAFCos Professional & Advocacy Groups (APA, Environmental Groups, Chamber, Farm Bureau, etc.) Building Industry Association (BIA)

Key Interest Groups Will Influence Outcome

State Agencies (CalTrans vs. CARB)

Cities & Counties, COGs & LAFCos

Professional & Advocacy Groups (APA,

Environmental Groups, Chamber, Farm

Bureau, etc.)

Building Industry Association (BIA)

Reform of Regional Planning and Development Decision Making Pending Legislation: SB 375 – Steinberg RTIP/Blueprint becomes key CEQA Climate Change Compliance Incentive “Sustainable Community Strategy” (SCS) to accommodate new growth & development

Pending Legislation:

SB 375 – Steinberg

RTIP/Blueprint becomes key

CEQA Climate Change Compliance Incentive

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

Reform of Regional Planning and Development Decision Making Pending Legislation: AB 842 – Jones Each regional transportation plan provide for 10% reduction in the growth increment of VMT HCD to administer the Infill Incentive Grant Program to fund capital improvement projects ranking applicants based upon reduction of VMT resulting from project

Pending Legislation:

AB 842 – Jones

Each regional transportation plan provide for 10% reduction in the growth increment of VMT

HCD to administer the Infill Incentive Grant Program to fund capital improvement projects ranking applicants based upon reduction of VMT resulting from project

Current Issues for Local Government from Climate Change What to do while waiting for the sky to fall CEQA Climate Change Impact Analysis of Pending Projects – litigation issue de jour Planning & Building Standards Local Government GHG Reduction Plans Public/Private Partnerships for Innovation

CEQA Climate Change Impact Analysis of Pending Projects – litigation issue de jour

Planning & Building Standards

Local Government GHG Reduction Plans

Public/Private Partnerships for Innovation

CEQA Climate Change Analysis Quantification – Baseline, Factors Threshold of Significance – MND or EIR? Mitigation Measures Alternatives Analysis Significant Unavoidable Impact / Finding of Overriding Considerations? OPR Guidelines Coming 7/1/2009 – SB 97

Quantification – Baseline, Factors

Threshold of Significance – MND or EIR?

Mitigation Measures

Alternatives Analysis

Significant Unavoidable Impact / Finding of Overriding Considerations?

OPR Guidelines Coming 7/1/2009 – SB 97

Planning & Building Standards LEED Certification Solar / Alternative Energy Mandates Pedestrian & Bicycle Friendly Transit-Oriented Development Higher density near transit Mixed use Quality and Special Sense of Place Common Open Spaces

LEED Certification

Solar / Alternative Energy Mandates

Pedestrian & Bicycle Friendly

Transit-Oriented Development

Higher density near transit

Mixed use

Quality and Special Sense of Place

Common Open Spaces

Local Government GHG Reduction Department level employee and public participation Short-term and longer term strategies and goals, regular assessment Everyone can contribute and make a difference – empowerment & hope Less can mean better Meaningful context and support for personal responsibility

Department level employee and public participation

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

Everyone can contribute and make a difference – empowerment & hope

Less can mean better

Meaningful context and support for personal responsibility

Public/Private Partnerships for Innovation Millennial Challenge for Survival on a Global Scale Remake economic, social and natural relationships Shared risk and common interest surpassing race, class, religion, culture, even species

Millennial Challenge for Survival on a

Global Scale

Remake economic, social and natural relationships

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

Attitudes Toward Climate Change What to do while waiting for the sky to fall Denial / Resistance Let Someone Else Figure It Out Why Bother if China and India Don’t Act First ? Do Anything and Everything Because We Need It All - Henny Penny If We Each Do What is Within Our Power It Increases the Likelihood that Together We Will All Do Enough

Denial / Resistance

Let Someone Else Figure It Out

Why Bother if China and India Don’t Act First ?

Do Anything and Everything Because We Need It All - Henny Penny

If We Each Do What is Within Our Power It Increases the Likelihood that Together We Will All Do Enough

Big Government / Local Government Who first said: “ That government is best which governs least .” Ronald Reagan ? Thomas Jefferson ? Thomas Paine ? Henry David Thoreau

Who first said:

“ That government is best which governs least .”

Ronald Reagan ?

Thomas Jefferson ?

Thomas Paine ?

Henry David Thoreau

Big Government / Local Government “ The least government that can govern is best .” (most local) ^ v (Solve the Problem, Meet the Need) The greater the power of remote and unaccountable government the less we can control our own community and individual liberty.

“ The least government that can govern is best .”

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