PLAN BAY AREA
IS THE SPAWN CREATED
BY THE MARRIAGE
BETWEEN AB 32 & SB 375
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Assembly Bill 32
Assembly Bill 32:
Global Warming Solutions Act
The following information comes directly from the California Government website and links have been provided for your convenience.
In 2006, the Legislature passed and Governor Schwarzenegger signed AB 32, the Global Warming Solutions Act of 2006, which set the 2020 greenhouse gas emissions reduction goal into law. It directed the California Air Resources Board (ARB or Board) to begin developing discrete early actions to reduce greenhouse gases while also preparing a scoping plan to identify how best to reach the 2020 limit. The reduction measures to meet the 2020 target are to be adopted by the start of 2011.
Assembly Bill 32 Includes a Number of Specific Requirements:
To go to the California Government website: http://www.arb.ca.gov/cc/ab32/ab32.htm
Global Warming Solutions Act
The following information comes directly from the California Government website and links have been provided for your convenience.
In 2006, the Legislature passed and Governor Schwarzenegger signed AB 32, the Global Warming Solutions Act of 2006, which set the 2020 greenhouse gas emissions reduction goal into law. It directed the California Air Resources Board (ARB or Board) to begin developing discrete early actions to reduce greenhouse gases while also preparing a scoping plan to identify how best to reach the 2020 limit. The reduction measures to meet the 2020 target are to be adopted by the start of 2011.
Assembly Bill 32 Includes a Number of Specific Requirements:
- ARB shall prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions from sources or categories of sources of greenhouse gases by 2020 (Health and Safety Code (HSC) §38561). The scoping plan, approved by the ARB Board December 12, 2008, provides the outline for actions to reduce greenhouse gases in California. The approved scoping plan indicates how these emission reductions will be achieved from significant greenhouse gas sources via regulations, market mechanisms and other actions.
- Identify the statewide level of greenhouse gas emissions in 1990 to serve as the emissions limit to be achieved by 2020 (HSC §38550). In December 2007, the Board approved the 2020 emission limit of 427 million metric tons of carbon dioxide equivalent (MMTCO2E) of greenhouse gases.
- Adopt a regulation requiring the mandatory reporting of greenhouse gas emissions (HSC §38530). In December 2007, the Board adopted a regulation requiring the largest industrial sources to report and verify their greenhouse gas emissions. The reporting regulation serves as a solid foundation to determine greenhouse gas emissions and track future changes in emission levels.
- Identify and adopt regulations for discrete early actions that could be enforceable on or before January 1, 2010 (HSC §38560.5). The Board identified nine discrete early action measures including regulations affecting landfills, motor vehicle fuels, refrigerants in cars, tire pressure, port operations and other sources in 2007 that included ship electrification at ports and reduction of high GWP gases in consumer products. (Note: Additional regulatory implementation for the remaining measures is ongoing)
- Adopt a regulation that establishes a system of market-based declining annual aggregate emission limits for sources or categories of sources that emit greenhouse gas emissions, applicable from January 1, 2012, to December 31, 2020 (HSC §38562(c)). In 2011, the Board adopted the cap-and-trade regulation. The cap-and-trade program covers major sources of GHG emissions in the State such as refineries, power plants, industrial facilities, and transportation fuels. The cap-and-trade program includes an enforceable emissions cap that will decline over time. The State will distribute allowances, which are tradable permits, equal to the emissions allowed under the cap. Sources under the cap will need to surrender allowances and offsets equal to their emissions atthe end of each compliance period.
- Convene an Environmental Justice Advisory Committee (EJAC) to advise the Board in developing the Scoping Plan and any other pertinent matter in implementing AB 32 (HSC §38591). The EJAC has met 12 times since early 2007, providing comments on the proposed early action measures and the development of the scoping plan, and submitted its comments and recommendations on the scoping plan in October 2008. ARB will continue to work with the EJAC as AB 32 is implemented.
- Appoint an Economic and Technology Advancement Advisory Committee (ETAAC) to provide recommendations for technologies, research and greenhouse gas emission reduction measures (HSC §38591). After a year-long public process, The ETAAC submitted a report of their recommendations to the Board in February 2008. The ETAAC also reviewed and provided comments on the scoping plan.
To go to the California Government website: http://www.arb.ca.gov/cc/ab32/ab32.htm
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Senate Bill 375
Senate Bill 375:
Sustainable Communities and Climate Protection Act
The following information comes directly from the California Government website and links have been provided for your convenience.
The Sustainable Communities and Climate Protection Act of 2008 (Sustainable Communities Act, SB 375, Chapter 728, Statutes of 2008) supports the State's climate action goals to reduce greenhouse gas (GHG) emissions through coordinated transportation and land use planning with the goal of more sustainable communities.
Under the Sustainable Communities Act, ARB sets regional targets for GHG emissions reductions from passenger vehicle use. In 2010, ARB established these targets for 2020 and 2035 for each region covered by one of the State's metropolitan planning organizations (MPO). ARB will periodically review and update the targets, as needed.
Each of California’s MPOs must prepare a "sustainable communities strategy" (SCS) as an integral part of its regional transportation plan (RTP). The SCS contains land use, housing, and transportation strategies that, if implemented, would allow the region to meet its GHG emission reduction targets. Once adopted by the MPO, the RTP/SCS guides the transportation policies and investments for the region. ARB must review the adopted SCS to confirm and accept the MPO's determination that the SCS, if implemented, would meet the regional GHG targets. If the combination of measures in the SCS would not meet the regional targets, the MPO must prepare a separate “alternative planning strategy" (APS) to meet the targets. The APS is not a part of the RTP.
The Sustainable Communities Act also establishes incentives to encourage local governments and developers to implement the SCS or the APS. Developers can get relief from certain environmental review requirements under the California Environmental Quality Act (CEQA) if their new residential and mixed-use projects are consistent with a region’s SCS (or APS) that meets the targets (see Cal. Public Resources Code §§ 21155, 21155.1, 21155.2, 21159.28.).
To go to the California Government website: http://www.arb.ca.gov/cc/sb375/sb375.htm
Sustainable Communities and Climate Protection Act
The following information comes directly from the California Government website and links have been provided for your convenience.
The Sustainable Communities and Climate Protection Act of 2008 (Sustainable Communities Act, SB 375, Chapter 728, Statutes of 2008) supports the State's climate action goals to reduce greenhouse gas (GHG) emissions through coordinated transportation and land use planning with the goal of more sustainable communities.
Under the Sustainable Communities Act, ARB sets regional targets for GHG emissions reductions from passenger vehicle use. In 2010, ARB established these targets for 2020 and 2035 for each region covered by one of the State's metropolitan planning organizations (MPO). ARB will periodically review and update the targets, as needed.
Each of California’s MPOs must prepare a "sustainable communities strategy" (SCS) as an integral part of its regional transportation plan (RTP). The SCS contains land use, housing, and transportation strategies that, if implemented, would allow the region to meet its GHG emission reduction targets. Once adopted by the MPO, the RTP/SCS guides the transportation policies and investments for the region. ARB must review the adopted SCS to confirm and accept the MPO's determination that the SCS, if implemented, would meet the regional GHG targets. If the combination of measures in the SCS would not meet the regional targets, the MPO must prepare a separate “alternative planning strategy" (APS) to meet the targets. The APS is not a part of the RTP.
The Sustainable Communities Act also establishes incentives to encourage local governments and developers to implement the SCS or the APS. Developers can get relief from certain environmental review requirements under the California Environmental Quality Act (CEQA) if their new residential and mixed-use projects are consistent with a region’s SCS (or APS) that meets the targets (see Cal. Public Resources Code §§ 21155, 21155.1, 21155.2, 21159.28.).
To go to the California Government website: http://www.arb.ca.gov/cc/sb375/sb375.htm
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JOINT POWERS AUTHORITIES
The Dangers of
Joint Powers Authorities
to Our Republic
A wonderful series of articles written about Joint Powers Authorities was written by Bob Silvestri for the Mill Valley Patch in August 2013. It is a four-part series entitled "The Enronization of Democracy". Although quite lengthy, it does a great job of delving deep into Joint Powers Authorities, both in general and specifically in regards to Plan Bay Area.
"The Enronization of Democracy", Part 1 of 4, by Bob Silvestri, Mill Valley Patch, on August 16, 2013:
http://millvalley.patch.com/groups/bob-silvestris-blog/p/the-enronization-of-democracy
"The Enronization of Democracy", Part 2 of 4, by Bob Silvestri, Mill Valley Patch, on August 16, 2013:
http://millvalley.patch.com/groups/bob-silvestris-blog/p/the-enronization-of-democracy--part-ii
"The Enronization of Democracy", Part 3 of 4, by Bob Silvestri, Mill Valley Patch, on August 21, 2013:
http://millvalley.patch.com/groups/bob-silvestris-blog/p/the-enronization-of-democracy--part-iii
"The Enronization of Democracy", Part 4 of 4, by Bob Silvestri, Mill Valley Patch, on August 21, 2013:
http://millvalley.patch.com/groups/bob-silvestris-blog/p/the-enronization-of-democracy--part-iv
*Please note that there is no mention of joint powers authorities in either our Federal or our State Constitutions.