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.

Response to the green bills signed by Schwarzenegger

Here's what some of the media have to say about the legislation package signed on Friday:

• a big hit among green investors was his Million Solar Roofs plan. The idea was that a $2.9 billion incentive plan targeting homeowners and building owners who install solar-electric systems would make way for 1 million solar roofs in California by the year 2018. read more

• "With statewide snow levels 71 percent below normal this year, the effects of climate change are not a concept of the future, they're a reality of today," said Laird. "Water conservation is the quickest, cheapest way to manage our water supply and address the impact of population growth and global warming."

  The bill would set new water flush volume standards by making use of existing high-efficiency toilet technology, including 111 toilet models produced by 24 manufacturers and 34 models of urinals produced by nine manufacturers. read more

• California homeowners looking to install solar water heaters will now receive assistance from a statewide rebate program. Gov. Arnold Schwarzenegger, R-Calif., has signed legislation to spend $250 million over the next 10 years on rebates for solar water heaters. The bill's authors hope the rebates will lead to the installation of 200,000 systems, the Associated Press reports. read more here
• and here
  

Governor Schwarzenegger Signs Legislation Promoting Solar Power, Energy and Water Efficiency

Governor Schwarzenegger today signed a package of legislation furthering his commitment to energy efficiency, conservation and pollution reduction.

“California is a world leader in improving technologies and promoting conservation while protecting our environment,” said Governor Schwarzenegger. “That is why I am pleased to sign this legislation that will protect our precious resources and continue to keep California at the forefront of energy and water efficiency.”

The Governor signed the following seven bills:

• AB 662 by Assemblymember Ira Ruskin (D-Redwood City) expands the authority of the California Energy Commission to set water efficiency standards for appliances.

• AB 1103 by Assemblymember Lori Saldaña (D-San Diego) requires electric utilities to maintain records of energy consumption data for all nonresidential buildings to which they provide service and requires building owners or operators to provide benchmarking data to prospective buyers, lessees or lenders beginning January 1, 2010.

• AB 1109 by Assemblymember Jared Huffman (D-San Rafael) enacts the California Lighting Efficiency and Toxics Reduction Act which prohibits the manufacturing for sale or the sale of certain general purpose lights that contain hazardous substances. In addition, the bill requires the California Energy Commission to adopt energy efficiency standards for all general purpose lights.

• AB 1406 by Assemblymember Jared Huffman (D-San Rafael) adds condominiums to the meaning of “structure” with respect to the use of recycled water for toilet and urinal flushing.

• AB 1470 by Assemblymember Jared Huffman (D-San Rafael) creates the Solar Water Heating and Efficiency Act of 2007 which provides incentives to attain the goal of installing 200,000 solar water heating systems in the state by 2017.

• AB 1481 by Assemblymember Hector De La Torre (D-South Gate) creates a uniform, statewide permitting process for landscape irrigation uses of recycled water, such as parks, playgrounds and golf courses, by requiring the State Water Resources Control Board to adopt a statewide general water quality permit.

• AB 1560 by Assemblymember Jared Huffman (D-San Rafael) requires the California Energy Commission to incorporate standards for water efficiency and conservation into the existing building standards governing energy efficiency.

The Governor has made energy efficiency and protecting the environment a top priority in his administration. In December 2004, he signed Executive Order S-20-04 creating his “Green Building Initiative,” calling for the state to lead the way in designing, operating and re-engineering its buildings to make them the most resource-efficient, energy-efficient and healthful public buildings in the nation.

To achieve his ambitious goals, Governor Schwarzenegger created the Green Action Team, a Cabinet-level group working to implement the Green Building Initiative. Led by State and Consumer Services Agency Secretary Rosario Marin, the team’s goal is to oversee and direct the State’s efforts. The Green Building Initiative will reduce carbon emissions by 500,000 metric tons by 2010 and 1.8 million metric tons by 2020.

The Executive Order calls for the State to reduce its electricity demand by 10 percent by 2010 and by 20 percent by 2015. California is also actively working to deploy fuel cell, wind and biomass solutions.

So far, nine California state government buildings, with more than 2 million sq. feet, are Leadership in Energy and Environmental Design (LEED) certified through the U.S. Green Building Standard. More than 100 buildings (5 million sq. ft.) are currently planned and budgeted for LEED Silver certification.

All new, renovated and built-to-suit leased state buildings will meet LEED standards. California is also making substantial upgrades to the state’s older buildings to reduce their energy use by replacing HVAC system, installing new lighting and other improvements.

Last year, Governor Schwarzenegger signed legislation to complete his Million Solar Roofs Plan to provide 3,000 megawatts of additional clean energy and reduce the output of greenhouse gases by 3 million tons, equivalent to taking one million cars off the road. The $2.9 billion incentive plan for homeowners and building owners who install solar electric systems will lead to one million solar roofs in California by the year 2018.

Bay Area Businesses Lead the Way!

PRINCIPLES ON CLIMATE LEADERSHIP

The Business Council on Climate Change (BC3) believes that the climate crisis offers corporate leaders an unprecedented opportunity to shift practices to realize economic growth, environmental sustainability, and social well-being. Our mission is to capitalize on the Bay Area’s entrepreneurial culture to create a thriving economy, while at the same time contributing to public dialogue and positive action on climate change. Therefore, we commit to the following principles:

Principle One: Internal Implementation
We acknowledge our responsibility to reduce our impact on climate change and adopt practices within our company’s operations to reduce our greenhouse gas emissions and contribute to a climate-friendly San Francisco Bay Area economy.
Potential Actions include:
· Conduct an assessment of greenhouse gas emissions from operations.
· Set a company-wide greenhouse gas emission reduction goal.
· Develop and implement a greenhouse gas reduction plan as appropriate to each company.
· Monitor and verify progress towards achieving reduction goal.
· Become a certified Bay Area Green Business.

Principle Two: Community Leaders
We will be active leaders in the San Francisco Bay Area community to help combat climate change.
Potential Actions include:
· Provide transportation alternative incentives for employees (public transit / bicycle commuting / carpooling / car share / low emission vehicles).
· Provide educational materials to employees on how to reduce residential greenhouse gas emissions.
· Work with supply chain partners and, where appropriate, with clients and customers to reduce indirect impacts of products and services.
· Incorporate and showcase “green building” strategies.
· Institutionalize corporate policy to offset company travel emissions through carbon credits.

Principle Three: Advocacy and Dialogue
We will advocate and dialogue with policymakers to develop the best business solution through, for example, supporting the Bay Area Council’s advocacy platform on climate change.
Potential Actions include:
· Collaborate with local and state governments to identify policies and incentives for businesses to reduce their greenhouse gas emissions.
· Make public statements—individually and collectively—on the importance of preparing for and minimizing climate change.
· Actively engage sources of capital to invest in clean tech and climate-friendly businesses.
· Sponsor events that raise awareness about climate change in the corporate and/or residential sectors.
· Support appropriate legislation to address climate change.

Principle Four: Collective Action
Through the Business Council on Climate Change, we will collaborate and share best practices with other participating San Francisco Bay Area companies to help solve the problem of climate change.
Potential Actions include:
· Partner with BC3 members to leverage our impact with public agencies, customers, residents and community organizations.
· Provide input on regulatory proceedings at the state and local level (e.g.: California Public Utilities Commission and regional air district).
· Support international initiatives such as the UN Global Compact.

Principle Five: Transparency and Disclosure
We will each report regularly on our activities and progress towards reducing our climate footprint.
Potential Actions include:
· Disclose actions and results in annual reports.
· Participate in the BC3 Learning Forum.
· Share best practices and lessons learned with other members of BC3 and the public.