AB-32 and CEQA meeting on the Peninsula

Confronting Climate Change
AB32 & CEQA
A Brave New World

HOW will your company be impacted by AB32?
IS your company prepared for legal challenges of CEQA?
WHAT projects faced CEQA legal challenges and why?
WHAT projects are partially protected?
WHICH projects are at risk?
HOW to stay ahead of the issues impacting your company.

AB32, the Global Warming Solutions Act, is changing the way California combats climate change with impacts on businesses across the state. Private and public projects also face new challenges from CEQA. Find out how these issues impact you.

$25 individual or $250 table of 8
Registration Fee Includes Lunch
($30 indiv. / $275 table of 8 after November 23rd)

Payment accepted by Visa, Mastercard, American Express, Discover or Check. Please make checks payable to SAMCEDA and send to SAMCEDA, 1301 Shoreway Road, Suite 150, Belmont, CA, 94002.

You may also download and print the registration form here and fax it to SAMCEDA at 650-413-5909.

Featured Speakers

Michael H. Zischke
Cox, Castle & Nicholson

Mr. Zischke, one of California's top land use attorneys and co-author of the leading treatise on CEQA, represented San Bernardino County in recent negotiations with the Attorney General.

Richard Lyon
California Building Industry Association

Mr. Lyon's organization was among the first to identify CEQA climate change issues as a major risk to public and private projects. He led the advocacy efforts in Sacremento on this issue.

Dave Fogarty
Executive Director, AB32 Implementation Group

Mr. Fogarty will share his insights on AB32 and its impact on business in California.

Moderator

Jack Broadbent
Air Pollution Control Office
Bay Air Area Quality Management District

Uupcoming Environmental DefenseTeleconference Call

Tuesday, October 30
1:00 pm Eastern

There is movement on Capitol Hill on a comprehensive climate bill. The recently introduced Climate Security Act changes the dynamics of the worldwide global warming negotiations. The National Climate Campaign Director for Environmental Defense, Steve Cochran will fill us in on the breaking news on the bill, the half dozen Senators who are supporting mandatory reductions for the first time and the impending committee action. The bill, introduced by Senators Lieberman (ID-CT) and Warner (R-VA), is designed to reduce greenhouse gas emissions nationwide by 18% by 2020, using the cap-and-trade market mechanisms we have been advocating.

Fred Krupp will lead the discussion on how these latest developments in Washington fit into Environmental Defense plans for the upcoming Bali meeting on the next international global warming agreement (post-2012 when the Kyoto Protocol expires). International Counsel Annie Petsonk and International Program Co-Director Steve Schwartzman will share those strategies with you on next Tuesday’s call, and will be available to respond to your questions and ideas.

RSVP: Emily Chuk 800-505-0703 xt.1225 for the toll free dial-in number.

New Mailing List for early action measures

The Air Resources Board has created a new mailing list to alert users to new developments in early action measures for AB-32:

During the Air Resources Board Hearing on Thursday, October 25,
2007, the Board approved the additions of 7 Climate Change Early
Action measures to the existing list of 37 Early Action measures
that had been approved by the Board at its June 21, 2007
Hearing. The additions triple the previous list of 3 Discrete
Early Action measures. For future information about the Early
Action measures, please register into the newly established list
serves for the measures by going to:

http://www.arb.ca.gov/listserv/listserv.php

and choosing “Climate Change” as the Group of Lists, then click
“Display Email Lists & Archives” and select the list serves for
the Early Action measures.

US Green Building Council webinar series in Carbon Reduction

Check out this learning seminar from the US Green Building Council

USGBC is partnering with climate change experts from Pew Center on Global Climate Change, World Resources Institute, and CTG Energetics, Inc., and media partner Stamats Commercial Buildings Group, to bring you its newest educational webinar series.

the Carbon Reduction Webinar Series will help you establish realistic goals and strategies to reach them. National climate change experts will provide you with the information and hands-on tools to:
• Understand how buildings and organizations impact carbon emissions
• Establish a carbon baseline/inventory
• Identify carbon reduction targets specific to your building project or organization
• Develop and implement strategies to accomplish your targets
• Assess and evaluate the costs and returns of your efforts

Learn more here

Updated Macroeconomic Analysis of the Climate Strategies Presented in the March 2006 Climate Action Team Report

The Climate Action Team is continuing its development and analysis of policies and strategies
to achieve California’s climate protection goals.

This report updates the macroeconomic analysis presented in the March 2006 Climate Action Team Report to Governor Schwarzenegger and the Legislature (2006 CAT Report) with:

• updates of the climate strategies presented in the 2006 CAT Report; and
• refined methodologies for analyzing the strategies and estimating macroeconomic impacts.

Each of the Climate Action Team agencies provided revised estimates of costs, savings, and
emission reductions for the climate strategies. These data continue to be updated and refined
for use in the Air Resources Board’s Scoping Plan required under the Global Warming Solutions
Act of 2006 (AB 32).

the report can be downloaded here

Combatting Climate Change

Making a real difference with forests

State needs to encourage forest owners to participate

Steve Mader (CH2M Hill)

Thursday, October 18, 2007

California is reviewing its initial greenhouse gas-measuring protocols, which were established by the California Climate Action Registry and were intended to encourage businesses to take steps toward the state's overall reduction of greenhouse gases.

The initial protocols, unfortunately, are not providing the incentives for landowners who manage forestland sustainably - which includes harvesting trees to provide essential wood products and replanting to regenerate forests while conserving water quality and a wide range of forest resources - to participate in the state's voluntary registry. Instead, the protocols reward owners of unmanaged forestland and encourage owners to forgo beneficial forest management now and in the future. Consequently, private forestland owners are not lining up to participate in the state's voluntary registry.

more here

Combatting Climate Change

Making a real difference with forests

New rules would bolster California's carbon market

Laurie Wayburn

Thursday, October 18, 2007

The California Air Resources Board is set to further California's position as a climate leader on Oct. 25, when the board will vote on recommendations to endorse the California Climate Action Registry's forest protocols. The board's endorsement of these rules would create a foundation for the state to use forest conservation and restoration as one of the tools to reduce greenhouse gas emissions in keeping with California's landmark climate law, AB32.

The forest protocols were developed over four years through a public process and expert review. They are a remarkable accomplishment in two ways. First, they've established the first comprehensive set of scientifically rigorous standards to reduce forest emissions and increase net storage (sequestration) of carbon dioxide consistent with the global norms established under the Kyoto Protocol. Second, their establishment has created a "first place" positioning for California's forests in the growing global carbon market, a market that is estimated to exceed $40 billion in revenue this year.

The protocols explicitly include sustainable forestry as a key tool to restore and maintain forest carbon stocks. The first project registered - now being certified - is a forest management project. The end result of this project will be not only greatly increased carbon stores, but also a long-term supply of sustainably harvested wood products. Managing this forest for its long-term climate benefits also ensures jobs producing wood products as well as in forest restoration.

More here

Lieberman-Warner Plan Unveiled

Lieberman-Warner Plan Unveiled

Posted by The Cunctator on Thursday, August 02, 2007

Sens. Lieberman and Warner have unveiled the skeleton of their cap-and-trade legislation, America’s Climate Security Act.

Cap

“The bill will specify an annual aggregate tonnage cap, expressed in terms of Co2 equivalence, for each year from 2012 through 2050. The cap that the bill will specify for 2012 will be the 2005 emissions level.” And: 10% below 2005 by 2020, 30% by 2030, 50% by 2030, 70% by 2050.

Allowances

• Each year 20% of that year’s National Emission Allowance Account for free to covered entities within the industry sector.
• In 2012 20% of the NEAA will be allocated to the electric power sector. A portion of that 20% will be free to new entrants to the electric power sector. The allocation will be at 20% from 2012 – 2017, then transition to 0% by 2035.
• 10% will be allocated to load-serving entities to defray energy-cost impacts on low- and middle-income consumers and to promote demand-side energy efficency, some of it for free to rural electric cooperative facilities.
• 8% will be allocated to covered entities who have taken pre-enactment action to reduce greenhouse gas emissions. That 8% will transition to 0% by 2020.
• Each year 4% will be allocated to state governments, half based on population, half on historical state emissions.
• Each year 4% will be allocated to US coal mines.
• Each year 7.5% will be allocated to farmers, foresters, and other landowners to store carbon in soils, crops, and forests.
• Each year 2.5% will be allocated to the transportation sector.

Allowances for Auction

• 24% in 2012 will go to auction under the aegis of the Climate Change Credit Corporation; rising to 52% by 2035.

Auction Proceeds

• 20% for a public-private partnership for power-sector technologies including CCS
• 20% for public-private partnership for CCS
• 20% for transportation sector technologies and reducing miles traveled
• 10% for environmental mitigation
• 10% for SO2, NOx, mercury emission reduction from coal plants
• 10% to state and local for low-income community mitigation
• 10% for international mitigation

CCS

CCS regulations and a legal framework for the Federal assumption of liability for geological storage will be proposed by a study group within two years of enactment.

Carbon Market Efficiency Board, Banking

• Up to 15% of the allowances a covered entity must submit may be comprised of borrowed allowances, with an interest rate set by the Board.
• Up to 15% of the allowances that a covered entity must submit may be comprised of offset credits.
• Up to 15% of the allowances that a covered entity must submit may be comprised of allowances purchased on a certified foreign greenhouse gas emissions trading market.
• the Board may increase the number of emissions credits if the average daily closing price of an emissions credit exceeds the upper end of the range predicted by the CBO prior to the start of the program.
• The Board may adjust the terms and interest rates of the emissions loans “as needed to avoid significant harm to the economy” and “in the event of more extreme economic circumstances” to raise the cap temporarily provided that subsequent year’s caps are tightened so that cumulative reductions are unchanged.

Offsets

“The bill will set forth detailed, rigorous requirements for offsets, with the purpose of ensuring that they will represent real, additional, verifiable, and permanent emissions reductions.”

Foreign Tariffs

The President will be authorized to require that importers of GHG-intensive products submit emissions allowances of a value equivalent to that of the allowances that the US system effectively requires of domestic manufacturers, if it is determined that nation has not taken commensurate action to reduce GHG emissions.

Climate Change Early Actions

The early actions final report from the air resources board was released on October 12th.

These measures will become part of the State’s comprehensive strategy for achieving greenhouse gas (GHG) reductions under the California Global Warming Solutions Act of 2006. The Act requires ARB to identify a list of “discrete early action greenhouse gas reduction measures” by June 30, 2007 (Health and Safety Code section 38560(a)). Once on the list, these measures are to be developed into regulatory proposals, adopted by the Board, and made enforceable by January 1, 2010.

The report can be downloaded here

Discrete Early Action – Greenhouse gas reduction measure underway or
to be initiated by ARB that meets the AB 32 legal definition as
identified by the Health and Safety Code Section 38560.5. Discrete
early actions are regulations to reduce greenhouse gas emissions
adopted by the Board and enforceable by January 1, 2010.
Early Action – Greenhouse gas reduction measures underway or to be
initiated by ARB in the 2007 – 2012 timeframe. These measures may
be regulatory or non-regulatory in nature.

Important Dates for the Climate Change Scoping Plan

Climate Change Scoping Plan Workshops - Save the Dates

The California Air Resources Board (ARB) is starting to develop the Scoping Plan mandated by the Global Warming Solutions Act of 2006 (AB32). We are establishing a workshop schedule and are asking stakeholders to save the following dates:

On November 30, 2007, ARB will hold a public workshop to explain the Scoping Plan process and schedule, and to initiate a discussion about the structure of the Scoping Plan such as how commitments should be designed, cost-effectiveness methodologies, and other basic elements of the Plan. This workshop will be held at the South Coast Air Quality Management District offices in Diamond Bar and will be webcast.

On December 14, 2007, ARB will hold a Sector-Based Workshop. Staff will provide an overview of the sectors responsible for the largest percentage of greenhouse gas emissions, and provide an overview of the staff's current thinking about potential emission reduction measures for the Scoping Plan. This workshop will be held at the Cal/EPA Headquarters Building in Sacramento and will be webcast.

In mid-January 2008, ARB will hold a Tools Workshop to discuss the various mechanisms that are available to achieve the 2020 emission reduction targets, including direct regulations, markets, voluntary actions, and incentives. The location for this workshop has not yet been finalized.

In late-March 2008, ARB plans to hold a Scenario Workshop to explore different emission reduction strategies. The staff will present different combinations of potential emission reduction measures and discuss preliminary analyses of the scenarios.

On January 16, 2008, ARB staff plans to release its proposed Scoping Plan.

In November 2008, the ARB is scheduled to consider the Scoping Plan.

For more information, please contact Robert DuVall at (916) 324-5930 or go to our Scoping Plan top page.