BILL ANALYSIS
SB 210
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2007-2008 Regular Session
BILL NO: SB 210
AUTHOR: Kehoe
AMENDED: March 20, 2007
FISCAL: Yes HEARING DATE: April 23, 2007
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : GREENHOUSE GAS EMISSIONS FUEL STANDARDS
SUMMARY :
Existing law :
1) Under the California Global Warming Solutions Act of 2006
(CGWSA), requires the State Air Resources Board (ARB) to
determine the 1990 statewide greenhouse gas (GHG) emissions
level and approve a statewide GHG emissions limit that is
the equivalent to that level, to be achieved by 2020. The
ARB must adopt rules and regulations to achieve GHG
emission reductions from sources or categories of sources,
subject to certain requirements. (Health and Safety Code
38500 et seq.).
2) Under the Alternative Fuels Law, requires the California
Energy Resources Conservation and Development Commission
(CEC), in consultation with certain entities, to develop
and adopt a state plan by June 30, 2007, to increase the
use of alternative transportation fuels and set goals for
2012, 2017, and 2022 to increase alternative fuel use in
the state that meet certain requirements. (Health and
Safety Code 43865).
3) Requires the Office of Planning and Research to be the
coordinating entity in state government for environmental
justice programs and defines "environmental justice" to be
"the fair treatment of people of all races, cultures, and
incomes with respect to the development, adoption,
implementation, and enforcement of environmental laws,
regulations, and policies." (Government Code 65040.12).
SB 210
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This bill enacts the Greenhouse Gas Emissions Fuel Standards
Law that:
1) Requires the ARB to adopt, implement, and enforce a
low-carbon fuel standard by January 1, 2010, that achieves
GHG emissions reductions, and at least a 10% reduction in
GHG emissions in furtherance of the limit established by
the CGWSA.
2) Requires the low-carbon fuel standard to: a) for gasoline,
maintain or improve upon emissions reductions and air
quality benefits achieved by the California Phase 2
Reformulated Gasoline Program as of January 1, 1999,
including emissions reductions for all pollutants and
precursors identified in the State Implementation Plan for
ozone, and emissions of potency weighted toxics compounds
and particulate matter; b) for diesel fuel, maintain or
improve upon emissions reductions and air quality benefits
achieved by specified California diesel fuel regulations;
and c) ensure that implementing the low-carbon fuel
standard does not result in greater impacts on low-income
communities and is consistent with environmental justice.
3) Requires the CEC to update and reissue the Alternative
Fuels Law report with additional recommendations by June
30, 2009.
COMMENTS :
1) Purpose of Bill . According to the author, AB 32 (Nunez)
Chapter 488, Statutes of 2006, "aimed at reducing
California's [GHG] emissions, provides direction and broad
authority to the [ARB] to achieve the maximum in
technologically feasible and cost-effective reductions in
[GHG] emissions." The author notes that Governor
Schwarzenegger issued Executive Order (EO) S-01-07 that
calls for "a statewide goal to be established to reduce the
carbon intensity of California's transportation fuels by at
least 10 percent by 2020" and that SB 210 codifies this
provision of the EO "making his directive binding under the
law and clarifying that environmental and public health
safeguards will be consistent with AB 32."
SB 210
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2) Effort to implement EO S-01-07 . EO S-01-07, dated January
18, 2007, provides that "a statewide goal be established to
reduce the carbon intensity of California's transportation
fuels by at least 10 percent by 2020 ('2020 Target')" and
"a Low Carbon Fuel Standard ('LCFS') for transportation
fuels be established for California."
Federal clean air laws require areas with unhealthy levels of
ozone, carbon monoxide, nitrogen dioxide, sulfur dioxide,
and particulate matter to develop plans, known as State
Implementation Plans (SIPs), showing how national ambient
air quality standards (NAAQS) will be attained. SIPs are a
compilation of new and previously submitted plans, programs
(e.g., modeling, monitoring, permitting), district rules,
state regulations and federal controls. Many of
California's SIPs rely on certain control strategies,
including emission standards for cars and heavy trucks,
fuel regulations, and limits on emissions from consumer
products. ARB is the lead agency for all purposes related
to the SIP. Local air districts and other agencies, such
as the Bureau of Automotive Repair, prepare SIP elements
and submit them to ARB for review and approval. ARB
forwards SIP revisions to the U.S. Environmental Protection
Agency for approval and publication in the Federal
Register.
SB 210 is an effort to respond to the EO by requiring a
low-carbon fuel standard by January 1, 2010, that achieves
at least a 10% reduction in GHG emissions, in furtherance
of the CGWA established limits. However, the SB 210
standards should also be contained in the SIP.
3) Opposition and support concerns . In opposing SB 210,
Western States Petroleum Association (WSPA) indicates that
this bill creates a separate fuel standard than required
under the EO by referring to a GHG reduction rather than
reducing carbon intensity of California's transportation
fuels by 2020, and prevents the use of any lower carbon
intensity or renewable fuel that would result in any
emissions increases.
SB 210
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Supporters believe this bill will foster cleaner alternative
fuels by establishing air quality criteria, and some
supporters recommend that this bill also require lifecycle
and multimedia analysis, require sustainability review, and
clarify that the standard includes heavy-duty and
light-duty fuels.
4) Related legislation . AB 747 (Levine) of 2007 also
addresses GHG emissions fuel standards. SB 140 provides
for statewide blends of renewable diesel fuel and is
similar to SB 1675 (Kehoe) of 2006, which failed on the
Assembly Floor (33-40). SB 494 (Kehoe) enacts the Clean
Alternative Fuel and Clean Vehicle Act of 2007 to require
certain percentages of new passenger vehicles and
light-duty trucks sold in California to be "clean
alternative vehicles" (SB 494 is similar to AB 1012
(Nation) of 2006, which was vetoed).
5) Clarification needed . The author wants to respond to the
concern that the low carbon fuel standard be subject to a
lifecycle and multimedia analysis, as well as a
sustainability analysis. In responding to this concern, it
would be appropriate to ensure that such an analysis would
not conflict with the multimedia analysis required under
current law.
The environmental justice provisions of this bill should be
clarified to ensure that adoption, implementation, and
enforcement of the low-carbon fuel standard are consistent
with environmental justice.
The requirement to update the Alternative Fuels Law report
(page 4, lines 4 to 7) should be contained under that Law,
rather than in a separate section as provided under this
bill.
SOURCE : Senator Kehoe
SUPPORT : American Lung Association of California,
California Association of Professional
Scientists, Environment California, Planning
and Conservation League, Sierra Club
SB 210
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California, Union of Concerned Scientists
OPPOSITION : California Independent Marketers Association,
California Trucking Association, Western States
Petroleum Association