Prepared and Presented by: Timothy D. Cremin, Meyers Nave Eric W. Davis, Somach Simmons & Dunn Joel Ellinwood, AICP Lawyer-Planner Sacramento, California December 12, 2008
Think Globally Act Locally
Greenhouse Gas Emissions Reduction Goals & Challenges Lower to 1990 levels by 2020  (AB 32) 25 – 30 % below current levels  Population increase of 18 – 20 % (7 million) Lower to 80% of 1990 level by 2050 (IPCC) 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 29,828,000 39,135,676 49,240,891 59,507,876
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)
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
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)
Climate Action Team No Shows 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
Greenhouse Gas End Users 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
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 regulation Water and air quality enforcement regulation 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 Government Operations
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
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
Reform of Regional Planning and Development Decision Making   Authority to Implement Regional  Solutions  Regional Impact Fees (Mitigation Fee Act JPA) Financing for Regional Infrastructure Systems Preservation of Open Space Location, Entitlements and Financing for  New Sustainable Communities Coordination of Transportation, Housing & 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
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)
Reform of Regional Planning and Development Decision Making   Recent Legislation: SB 375 – Steinberg  RTIP/Blueprint becomes key CEQA Climate Change Compliance Incentive “ Sustainable Community Strategy” (SCS) to accommodate new growth & development
Current Issues for Local Government from Climate Change  What to do while waiting for the sky to fall from CARB , OPR and the courts Planning Actions & Building Standards Local Government GHG Reduction Plans  Public/Private Partnerships for Innovation CEQA Climate Change Impact Analysis of Pending Projects – litigation issue de jour
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
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
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
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
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
Big Government / Local Government 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.
Think Globally Act Locally “ Respect Local Control . . . Provide Regional Perspective”

Climate Change: Local Government Response

  • 1.
    Prepared and Presentedby: Timothy D. Cremin, Meyers Nave Eric W. Davis, Somach Simmons & Dunn Joel Ellinwood, AICP Lawyer-Planner Sacramento, California December 12, 2008
  • 2.
  • 3.
    Greenhouse Gas EmissionsReduction Goals & Challenges Lower to 1990 levels by 2020 (AB 32) 25 – 30 % below current levels Population increase of 18 – 20 % (7 million) Lower to 80% of 1990 level by 2050 (IPCC) 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 29,828,000 39,135,676 49,240,891 59,507,876
  • 4.
    Climate Action TeamPlayers 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)
  • 5.
    Climate Action TeamBench 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
  • 6.
    Climate Action TeamAlso 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)
  • 7.
    Climate Action TeamNo Shows Local Government COGs Metro Planning Agencies Local & Regional Initiatives Conference of Mayors Silicon Valley Leadership Group Clean Cities Coalition
  • 8.
    Emission Source InventoryIndustrial 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
  • 9.
    Greenhouse Gas EndUsers Built environment (materials, lighting, heating & cooling) 48% Transportation 27% Industry 25% Trending up (Source: AIA)
  • 10.
    Potential Means ofEmissions 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
  • 11.
    Locus of governmentauthority 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 regulation Water and air quality enforcement regulation Tax policy
  • 12.
    Locus of governmentauthority 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 Government Operations
  • 13.
    Locus of governmentauthority 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
  • 14.
    Reform of RegionalPlanning 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
  • 15.
    Reform of RegionalPlanning and Development Decision Making Authority to Implement Regional Solutions Regional Impact Fees (Mitigation Fee Act JPA) Financing for Regional Infrastructure Systems Preservation of Open Space Location, Entitlements and Financing for New Sustainable Communities Coordination of Transportation, Housing & Land Use
  • 16.
    Reform of RegionalPlanning 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
  • 17.
    Reform of RegionalPlanning 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)
  • 18.
    Reform of RegionalPlanning and Development Decision Making Recent Legislation: SB 375 – Steinberg RTIP/Blueprint becomes key CEQA Climate Change Compliance Incentive “ Sustainable Community Strategy” (SCS) to accommodate new growth & development
  • 19.
    Current Issues forLocal Government from Climate Change What to do while waiting for the sky to fall from CARB , OPR and the courts Planning Actions & Building Standards Local Government GHG Reduction Plans Public/Private Partnerships for Innovation CEQA Climate Change Impact Analysis of Pending Projects – litigation issue de jour
  • 20.
    CEQA Climate ChangeAnalysis 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
  • 21.
    Planning & BuildingStandards 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
  • 22.
    Local Government GHGReduction 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
  • 23.
    Public/Private Partnerships forInnovation 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
  • 24.
    Attitudes Toward ClimateChange 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
  • 25.
    Big Government /Local Government Who first said: “ That government is best which governs least .” Ronald Reagan ? Thomas Jefferson ? Thomas Paine ? Henry David Thoreau
  • 26.
    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.
  • 27.
    Think Globally ActLocally “ Respect Local Control . . . Provide Regional Perspective”