BILL ANALYSIS Ó SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator Wieckowski, Chair 2015 - 2016 Regular Bill No: SB 5 ----------------------------------------------------------------- |Author: |Vidak | ----------------------------------------------------------------- |-----------+---------------------+-------------+-----------------| |Version: |12/1/2014 |Hearing |4/15/2015 | | | |Date: | | |-----------+---------------------+-------------+-----------------| |Urgency: |Yes |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Rebecca Newhouse | | | | ----------------------------------------------------------------- Subject: California Global Warming Solutions Act of 2006: market-based compliance mechanisms: exemption ANALYSIS: Existing law under the California Global Warming Solutions Act of 2006 (CGWSA) (Health and Safety Code §38500 et seq.): 1.Requires the California Air Resources Board (ARB) to determine the 1990 statewide greenhouse gas (GHG) emissions level and approve a statewide GHG emissions limit that is equivalent to that level, to be achieved by 2020. 2.Requires ARB to adopt GHG emissions reductions measures by regulation, and sets certain requirements in adopting the regulations. 3.Authorizes ARB to adopt a regulation that establishes a system of market-based declining annual aggregate emission limits for sources or categories of sources that emit GHGs, applicable from January 1, 2012, to December 31, 2020, inclusive. This bill exempts fuel suppliers from ARB's cap-and-trade program. Background 1.Climate Change Overview. There is broad scientific consensus that the climate is warming SB 5 (Vidak) Page 2 of ? and that much of this warming is due to human activities, with serious implications for California. The 5th assessment report from the Intergovernmental Panel on Climate Change (IPCC) notes that atmospheric concentrations of global warming pollutants have risen to levels unseen in the past 800,000 years. Carbon dioxide concentrations have increased by 40% since pre-industrial times. These increases have led to a rise of global average surface temperatures of approximately 1.4?F since 1900, with much of this increase occurring after 1970. Per the latest report by the National Oceanic and Atmospheric Administration (NOAA), 2014 was the 38th consecutive year that the global temperature increased. Research indicates that an increase in the global average temperature of 3.6?F above pre-industrial levels, which is only 1.1?C (2.0?F) above present levels, poses severe risks to natural systems and human health and well-being. According to the U.S. Environmental Protection Agency, for every 2?F increase in global average temperature, we can expect to see 5-15% reductions in crop yields, 3-10 percent increases in rainfall during heavy precipitation events when flood risks are already high, and 200-400% increases in areas burned by wildfires in the western United States. Already, higher temperatures globally have resulted in diminished snow and sea ice, and have caused sea level to rise by nearly eight inches. In California, the frequency of extreme events, including heat waves, wildfires, floods, and droughts, are expected to increase. Higher temperatures and more frequent and severe extreme events will have a range of consequences for public health through impacts to water quality, air quality, and the spread of infectious diseases. Current impacts from climate change can be felt in California's ongoing severe drought, the nature of which has likely been worsened due to the record temperatures across the state. Additionally, drought conditions and increased temperatures have facilitated the spread of disease in the state. West Nile SB 5 (Vidak) Page 3 of ? Virus cases doubled in California last year in large part from increased temperatures and small pools of stagnant water-conditions that result in increased virus production and populations of mosquitoes that spread it. For these reasons and others, a major report from the University of College London's Institute for Global Health and the medical journal The Lancet has called climate change the "biggest global health threat of the 21st century." Climate change not only brings about new threats, but is also a magnifier of existing natural hazards. The impacts to health, infrastructure, hazard response, etc. will come with a financial cost as well. Additionally, the Pacific Institute estimates that $100 billion worth of property is at risk of flooding during a 100-year flood with 1.4 meters of projected sea level rise, including 55 healthcare facilities, over 330 hazardous waste facilities or sites, 30 coastal power plants, and 28 wastewater treatment plants. Although global warming is unavoidable, deep and severe cuts in GHG emissions are needed on a global scale to avoid the most severe consequences of a changing climate. As the evidence for anthropogenic climate change has mounted over the last few decades, the state has implemented a broad climate portfolio to mitigate global warming impacts by pursuing policies that reduce GHGs. 2.AB 32: The Global Warming Solutions Act of 2006. A. Overview: In 2006, the Global Warming Solutions Act of 2006, AB 32 (Núñez and Pavley), Chapter 488, Statutes of 2006, established a statewide GHG emissions limit by 2020. AB 32 defines GHGs as carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride and requires ARB to determine the 1990 statewide GHG emissions level and approve a statewide GHG emissions limit that is equivalent to that level, to be achieved by 2020. AB 32 also requires ARB, among other things, to inventory GHGs in California, outline a Scoping Plan for achieving the 2020 GHG emission limit, and implement regulations that achieve the maximum technologically feasible and SB 5 (Vidak) Page 4 of ? cost-effective reduction of GHG emissions. The statute also specifies that ARB may include market-based compliance mechanisms in the AB 32 regulations, and requires that the market-based compliance mechanisms maximize additional environmental and economic benefits for California, as appropriate. B. Scoping Plan: The Scoping Plan was first approved by ARB in 2008 and outlined a suite of measures aimed at achieving 1990-level emissions in 2020. Average emissions data in the Scoping Plan broken down by sector reveal that transportation accounts for almost 40% of statewide GHG emissions, and electricity and commercial and residential energy sector account for over 30% of statewide GHG emissions. The industrial sector, including refineries, oil and gas production, cement plants, and food processors, was shown to contribute 20% of California's total GHG emissions. The 2008 Scoping Plan recommended that reducing GHG emissions from the wide variety of sources that make up the state's emissions profile could best be accomplished through a cap-and-trade program along with a mix of other strategies including: the low carbon fuel standard (LCFS); light-duty vehicle GHG standards; expanding and strengthening existing energy efficiency programs, and building and appliance standards; achieving a 33% Renewable Portfolio Standard; regional transportation-related GHG targets; and creating targeted fees on water use and high global warming potential pollutants. According to ARB's Initial Statement of Reasons (ISOR) in adopting the cap-and-trade regulation, "The cap-and-trade program is a key element of the overall Scoping Plan strategy to scale back California's greenhouse gas emissions to 1990 levels by 2020, reduce our dependence on fossil fuels, stimulate investment in clean and efficient technologies, and improve air quality and public health. "By establishing an overall limit on GHG emissions, the program establishes the price signal needed to drive long-term SB 5 (Vidak) Page 5 of ? investment in cleaner and more efficient types of fuels and energy sources, while affording covered entities flexibility to seek out and implement the most cost-effective options to reduce emissions. The program will also complement and support California's existing efforts to reduce criteria and toxic air pollutants." 1.Background on Cap and Trade. A. Overview: Beginning on January 1, 2013, the cap-and-trade regulations set a firm, declining cap on total GHG emissions from sources that make up approximately 85% of all statewide GHG emissions. Sources included under the cap are termed "covered" entities. The cap is enforced by requiring each covered entity to surrender one "compliance instrument" for every metric ton of carbon dioxide equivalent that it emits at the end of a compliance period. Over time, the cap declines, resulting in GHG emissions reductions. Based on the first update to the Climate Change Scoping Plan, the cap-and-trade program will be responsible for approximately 30% of the required GHG emission reductions to meet the AB 32 goal of reducing GHG emissions to 1990 levels by 2020. Compliance instruments include allowances and offsets, where allowances are generated by the state in an amount equal to the cap, and offsets result from emissions reductions achieved in an uncapped sector and are quantified and verified using an ARB-approved compliance offset protocol. The inclusion of offsets in the cap-and-trade program is designed to help reduce entities' compliance costs. In the first compliance period, the capped sector includes the electricity and industrial sectors. Uncapped sectors throughout the course of the program include small businesses (with annual emissions under 25,000 metric tons CO2e), agriculture, and forestry. In the second compliance period beginning in 2015, distributors of transportation fuels, natural gas, and other fuels also come under the cap. Once under the cap, an entity covered by the regulation must periodically submit to ARB allowances sufficient to match its GHG emissions during the period. SB 5 (Vidak) Page 6 of ? ARB is allocating most allowances for free in order to provide transition assistance and to minimize leakage for trade-exposed industries (leakage refers to increased GHG emissions outside California either from entities leaving the state and producing emissions elsewhere, or by reduction of economic activity within the state that is offset by increased production outside the state). The remaining allowances (apart from a small amount set aside in a price containment reserve) are auctioned off. Electric utilities are provided free allocation of allowances for the benefit of ratepayers. B. Auction Proceeds: ARB has conducted seven auctions of GHG emission allowances so far. These auctions have resulted in approximately $950 million in proceeds to the state. For the 2014-15 fiscal year, the budget appropriated $832 million from cap-and-trade auction revenue, with the largest fraction directed to sustainable communities and clean transportation. Other categories of funding included low carbon transportation, energy, natural resources and water diversion, high-speed rail, and inter-city rail priorities. The current budget year proposal mirrors the previous years' budget, with the same categorical appropriations (by percentage) of the estimated GGRF funds ($1.02 million). C. Future Auction Revenue: According to the Legislative Analyst's Office (LAO) February 24th report on the Governor's Cap and Trade Revenue budget proposal, "The amount of revenue that future allowance auctions will generate will depend on the price of allowances and the number of allowances purchased versus allocated for free. The price of allowances could range greatly depending on demand for allowances relative to the cost of directly reducing GHG emissions, the state of the economy, and other factors. ARB has adopted regulations to keep auction prices within a certain range by setting a minimum and maximum price for allowances sold at auctions-from $10 per ton of emissions to $40 per ton of emissions." The regulation adjusts both the minimum and maximum auction allowance prices by 5% plus inflation every year. SB 5 (Vidak) Page 7 of ? Comments 1. Purpose of Bill. According to the author, "In 2006 the Legislature passed Assembly Bill 32 'The Global Warming Solutions Act of 2006.' AB 32 set a goal of reducing [GHGs] to 1990 levels by the year 2020. The legislation charged [ARB] with developing and implementing a plan to achieve this 2020 goal. "The ARB devised a cap and trade market system to requiring emitters of GHG to purchase carbon credits. The costs of these credits vary depending on the number of credits available and future demand for these credits. Over time the ARB will reduce the number of available credits in order to achieve the 2020 goal outlined in AB 32, which will increase the cost of these credits. "When drafting their regulations, the ARB decided to phase in different GHG emitters into the cap and trade market over time. Starting in 2013 electricity generation facilities (power plants) and large industrial facilities were required to purchase carbon credits. Starting in 2015 suppliers of transportation fuels (gasoline and diesel) along with natural gas and propane suppliers will be required to purchase carbon credits to offset GHG emissions. "By bringing these fuels under cap and trade system there is a new cost that must be factored into the selling and distribution of gasoline, diesel, natural gas, and propane. The cost to purchase these credits will be passed on to the consumer in the form of higher prices. "There is wide variation in how much this regulation will increase the cost of gasoline. The non-partisan Legislative Analyst Office (LAO) estimates that this policy alone will result in increased gas prices of 13 to 20 cents a gallon, but it can be as high as 50 cents a gallon. Other estimates put the cost as high as 76 cents a gallon. This cost would be on top of some of the highest gas prices and taxes that California drivers already pay. "Senate Bill 5 would immediately halt the inclusion of SB 5 (Vidak) Page 8 of ? transportation fuels as well as natural gas and propane in the cap and trade system. This will result in lower gas prices for hardworking California families that are already struggling to make ends meet." 2. What Would Happen to AB 32 Goals? AB 32 tasked ARB with developing a strategy on how to achieve 1990 levels by 2020, and the authority to implement that strategy. Findings and declarations of AB 32 assert the intent of the legislation for ARB is to design emissions reduction measures to meet the statewide emissions limits for GHGs in a manner that minimizes costs and maximizes benefits for California's economy, improves and modernizes California's energy infrastructure and maintains electric system reliability, maximizes additional environmental and economic co-benefits for California, and complements the state's efforts to improve air quality. As noted in the background, the cap-and-trade ISOR states that the program was developed to meet these various goals, in conjunction with other GHG regulatory programs, "to scale back California's greenhouse gas emissions to 1990 levels by 2020, reduce our dependence on fossil fuels, stimulate investment in clean and efficient technologies, and improve air quality and public health." The ISOR also notes that the regulation meets statutory goals, such as cost-effectiveness and consideration of overall societal benefits by establishing a "price signal needed to drive long-term investment in cleaner and more efficient types of fuels and energy sources, while affording covered entities flexibility to seek out and implement the most cost-effective options to reduce emissions." As transportation fuels are responsible for about 40% of the state's GHG emissions, as well as about 80% of the emissions of ozone-forming gases and over 95% of diesel particulate matter, the inclusion of this sector was a critical piece in the design of the program to achieve the directives of AB 32 noted above. As the sector with the largest contributor of GHG emissions in the state, as well as a primary source of other air pollutants, transportation fuels were included (along with other sectors which produce a significant fraction of the state's GHGs such as utilities and industrial facilities) to implement an equitable cap-and-trade program representative of the state's SB 5 (Vidak) Page 9 of ? overall emission profile. Specifically, the inclusion of transportation fuels in the cap-and-trade program in 2015 more than doubled the size of the program, with respect to GHG emissions and the number of allowances. As emissions reduced from the fuels sector represents such a large fraction of total reduced emissions necessary to meet the 2020 goal, it is unlikely that AB 32 goals will be met unless other regulatory changes, including requiring greater reductions from entities that are already covered, are implemented. It is unclear to what extent an additional burden of emission reduction on entities that are already covered will lead to necessary emissions reductions to achieve AB 32 goals, and what actions ARB would take in order to make up the difference, and therefore, the delay of fuels under the cap creates large scale market uncertainty for all participants, compromising the integrity of the program. Is it appropriate to exclude fuels under the cap-and-trade program, subjecting other covered entities to a significantly greater level of financial and regulatory burden, when (1) fuels represent such a signficiant component of GHG emissions in the state, and (2) their exclusion would endanger the ability of California to meet AB 32 goals? 3. Gas Price Volatility. The bill is based on the premise that including fuels under the cap will lead to a significant increase in gasoline prices, hurting consumers who are dependent on car travel and least able to absorb gasoline price hikes, disproportionately. However, it is very difficult to estimate any potential price impact from including transportation fuels under the cap. This value depends on the demand for allowances, the extent of investment by transportation fuel providers in alternative fuels, how much of their compliance obligation is met through offsets or allowances on secondary markets, and other factors. Some estimates from economists put a potential gas price increase anywhere from 10 to 15 cents, assuming that allowances prices will continue to stay near floor prices and that the bulk of those costs will be passed on wholly to consumers. SB 5 (Vidak) Page 10 of ? LAO, in a letter to Assembly Member Perea on August 4, 2014, in reviewing studies on projected allowance prices under cap and trade, project that by 2020, the price of gasoline will likely be 13 to 20 cents per gallon, with the possibility that the price could exceed 50 cents per gallon. They note that the actual price will depend on a wide variety of economic, technological and regulatory factors that are difficult to predict. Severin Borenstein, a member of the market simulation group that published the primary study that LAO analysis was based on, estimated a 9-10 cent increase in gasoline prices in 2015 as a result of transportation fuels coming under the cap. In general, gas prices are dependent on a myriad of factors that have created a volatile gasoline market that currently manifests in rapid and large price shifts at the pump. According to the US Energy Information Administration, the statewide average weekly retail price of gasoline in 2012 ranged from $3.55 per gallon to $4.71 per gallon; and in 2013, this price ranged from $3.60 per gallon to $4.26 per gallon. Because of these large fluctuations, which are common with gasoline prices, it is unclear whether an increase in gas prices from cap and trade will be discernable from normal gas price fluctuations. According to LAO, "?even if cap-and-trade leads to a large price increase, it might be difficult to distinguish this increase from other fluctuations in gasoline prices. For example, a price increase of 60 cents per gallon of gasoline-an increase larger than many of three estimates we reviewed-would be smaller than the difference between the highest and lowest weekly gasoline prices observed in 2013." Additionally, LAO stated that their estimates consider what will happen to the price of transportation fuel as a result of being included in the cap and trade program, but they cannot predict what would happen to these prices if, instead of including transportation fuels in cap-and-trade, alternative policies were adopted to meet the AB 32 emission targets. They state that the alternatives could affect fuel prices increasing them more than cap-and-trade would. After months of decline to some of the lowest gas prices seen in the last five years, gasoline prices began steadily increasing in February, but have been declining again since March. As of April 8, 2015, average regular grade gas prices for California were at $3.14, compared to $4.05 a year prior, SB 5 (Vidak) Page 11 of ? according to AAA's website. 4. Exempts Other Entities. Transportation fuel providers (including gasoline and diesel fuels) are the primary entities that are phased into the program in 2015, but they do not represent the only types of entities that are covered in the second compliance period. Natural gas suppliers are also covered under the program beginning in 2015. As the bill exempts any entity that did not have a compliance obligation in the first compliance period, natural gas suppliers, in addition to gasoline and diesel fuel providers, would also be exempted from the cap-and-trade regulation by SB 5. Related/Prior Legislation SB 1 (Gaines) of 2015 contains very similar provisions to SB 5. SB 1 is currently in the Senate Environmental Quality Committee. AB 69 (Perea) of 2014 exempts entities that did not have a compliance obligation under the cap-and-trade program on January 1, 2013, from the program requirements until December 31, 2017. AB 69 (Perea) was held in the Senate Rules Committee. SOURCE: Author SUPPORT: American Refuse Central Union School District City of Delano City of Hanford City of Lemoore City of Reedley Clovis Unified School District Delano Union School District Fairfax School District Fresno County Board of Supervisors Fresno County Farm Bureau Greater Fresno Area Chamber of Commerce Lemoore Chamber of Commerce Lemoore Union High School District Madera County Board of Supervisors Tulare County Board of Supervisors SB 5 (Vidak) Page 12 of ? Western Growers Association OPPOSITION: American Lung Association California League of Conservation Voters California Electric Transportation Coalition California Municipal Utilities Association Catholic Charities, Diocese of Stockton Climate Parents Climate Resolve Consumers Union Environmental Defense Fund The Nature Conservancy Natural Resources Defense Council TransForm -- END --