BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: SR 37
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|Author: |De León |
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|Version: |7/14/2015 |Hearing |7/15/2015 |
| | |Date: | |
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|Urgency: | |Fiscal: | |
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|Consultant:|Rebecca Newhouse |
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SUBJECT: Public resources.
ANALYSIS:
Existing law, under the California Global Warming Solutions Act
of 2006 (Health and Safety Code §38500 et seq.) requires the
California Air Resources Control 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, and to adopt GHG emissions
reductions measures by regulation.
This bill:
1) Makes findings regarding Pope Francis as a defender of the
poor and those suffering the devastating impacts from climate
change, and states that the Papal encyclical, released in
June, declared a call to action on climate change and asserts
that a true ecological approach to climate change must
integrate questions of social and environmental justice.
2) Makes findings regarding California's incorporation of social
and environmental justice in the state's approach to
addressing climate change.
3) Resolves that members of the Legislature review and take into
account the Papal encyclical on climate change in relevant
legislative actions;
4) Resolves that the Governor and executive branch consider the
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implications of the Papal encyclical and climate change in
their policy and fiscal actions to prevent further
environmental degradation;
5) Resolves that the appropriate policy committees of the
Legislature convene hearings to consider the policy
implications of the Papal encyclical and seek testimony from
religious leaders, state officials, environmental
organizations, business groups and the general public; and
6) Resolves that the United States Congress and President Obama
consider the implications of the Papal encyclical and climate
change in their policy and fiscal actions to prevent further
environmental degradation.
Background
1) Papal encyclical. Pope Francis released a Papal encyclical
on June 18, 2015, which called for a radical transformation
of politics, economics and individual lifestyles to confront
environmental degradation and climate change.
The encyclical asserts that developed, industrialized
countries are mostly responsible for the impacts from climate
change and are obligated to help poorer nations confront the
crisis. The encyclical also warns of an "unprecedented
destruction of ecosystems, with serious consequences for all
of us" if corrective action is not taken swiftly. The
encyclical also notes that, "climate change is a global
problem with grave implications: environmental, social,
economic, political and for the distribution of goods," and
that "it represents one of the principal challenges facing
humanity in our day."
2) Climate change. There is broad scientific consensus that
the climate is warming 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. There is broad scientific consensus
that these global greenhouse gases emission increases are
leading to higher air and water temperatures as well as
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rising sea levels, with serious consequences for California.
Sea level is expected to rise 17 to 66 inches by 2100, and
the frequency of extreme events such as heat waves,
wildfires, floods, and droughts is expected to increase.
Higher temperatures will result in more rain and less snow,
diminishing the reserves of water in California's Sierra
Nevada snowpack. Even if all GHG emissions ceased today,
some of these developments would be unavoidable because the
climate system changes slowly.
There are significant public health risks associated with
climate change. According to the United States Environmental
Protection Agency, warmer average temperatures will likely
lead to hotter days and more frequent and longer heat waves
and could increase the number of heat-related illnesses and
deaths. Increases in the frequency or severity of extreme
weather events could increase the risk of dangerous flooding,
high winds, concentrations of unhealthy air, and water
pollutants, and potentially enhance the spread of certain
diseases.
Along with the potential costs associated with public health
impacts, climate change also represents a very real threat to
California's infrastructure, and could lead to billions of
dollars in property damage. The Pacific Institute estimates
that $100 billion worth of property in California is at risk
of flooding during a 100-year flood with a projected 1.4
meters of sea level rise.
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.
3) The Global Warming Solutions Act of 2006. In 2006, the
Global Warming Solutions Act of 2006, AB 32 (Núñez, Pavley,
Chapter 488, Statutes of 2006) established a statewide GHG
emissions limit by 2020. AB 32 defines GHGs as carbon
dioxide (CO2), methane, nitrous oxide, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride and requires ARB
to determine the 1990 statewide GHG emissions level and
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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
cost-effective reduction of GHG emissions.
The statute also specifies that ARB may include market-based
compliance mechanisms in the AB 32 regulations, after
considering the potential for direct, indirect, and
cumulative emission impacts from these mechanisms, including
localized impacts in communities that are already adversely
impacted by air pollution, and must design any market-based
compliance mechanisms to prevent any increase in the
emissions of toxic air contaminants or criteria air
pollutants. The statute also specifies that market-based
compliance mechanisms must also maximize additional
environmental and economic benefits for California, as
appropriate.
AB 32 Scoping Plan. Pursuant to AB 32, ARB approved the first
Scoping Plan in 2008. The Scoping Plan outlined a suite of
measures aimed at achieving 1990-level emissions, a reduction
of 80 million metric tons of CO2 (MMT CO2e). Average emission
data in the Scoping Plan 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, among other measures, a low carbon fuel standard,
light-duty vehicle GHG standards, expanding energy efficiency
programs, and achieving a 33% renewable portfolio standard.
As outlined in the Scoping Plan, and pursuant to their
authority under AB 32, ARB adopted a cap-and-trade program
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that places a "cap" on aggregate GHG emissions from large GHG
emitters. ARB auctions allowances for purposes of compliance
with the program quarterly. Several bills direct the
investment of this auction revenue, including SB 535 (de León,
Chapter 830, Statutes of 2012), which requires that 25% of
auction revenue be used to benefit disadvantaged communities
and that 10% of the auction revenue be invested within
disadvantaged communities.
ARB approved an update to the Scoping Plan on May 22, 2014.
The update asserts that California is on track with a
variety of policies and programs, outlined in the original
Scoping Plan, to meet the near-term 2020 greenhouse gas
limit and is well positioned to maintain and continue GHG
emission reductions beyond 2020.
SOURCE: Author
SUPPORT:
None received
OPPOSITION:
None received
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