BILL ANALYSIS Ó
SB 350
Page 1
Date of Hearing: July 13, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
SB
350 (De León) - As Amended July 8, 2015
SENATE VOTE: 24-14
SUBJECT: Clean Energy and Pollution Reduction Act of 2015
SUMMARY: Enacts the "Clean Energy and Pollution Reduction Act
of 2015," which establishes targets to reduce petroleum use in
motor vehicles by 50% by 2030, double the energy efficiency of
buildings by 2030, and increase retail sales of renewable
electricity to 50% by 2030.
EXISTING LAW:
Petroleum Reduction:
1)Requires the Air Resources Board (ARB) to adopt and implement
motor vehicle emission standards, in-use performance
standards, and motor vehicle fuel specifications for the
control of air contaminants and sources of air pollution which
ARB finds necessary, cost effective, and technologically
feasible, unless preempted by federal law.
2)Requires the California Energy Commission (CEC) and ARB to
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adopt recommendations for the Governor and Legislature to
reduce petroleum dependence [AB 2076 (Shelley), Chapter 936,
Statutes of 2000]. The AB 2076 report, "Reducing California's
Petroleum Dependence" (August 2003), recommended the Governor
and Legislature (1) adopt a statewide goal of reducing on-road
gasoline and diesel consumption by 15% below 2003 levels by
2020, (2) work with the California delegation and other states
to establish national fuel economy standards that double fuel
efficiency, and (3) establish a goal to increase the use of
nonpetroleum fuels to 20% by 2020 and 30% by 2030.
3)Requires CEC and ARB to adopt a state plan to increase the use
of alternative transportation fuels, including setting
alternative fuel goals for 2012, 2017 and 2022 [AB 1007
(Pavley), Chapter 371, Statutes of 2005]. The AB 1007 "State
Alternative Fuels Plan" (December 2007) recommended goals for
alternative fuel use of 9% by 2012, 11% by 2017 and 26% by
2022.
4)Requires ARB to adopt regulations that achieve the maximum
feasible and cost-effective reduction of greenhouse gas (GHG)
emissions from motor vehicles [AB 1493 (Pavley), Chapter 200,
Statutes of 2002].
5)Requires ARB to adopt a statewide GHG emissions limit
equivalent to 1990 levels by 2020 and to adopt rules and
regulations to achieve maximum technologically feasible and
cost-effective GHG emission reductions [AB 32 (Nunez), Chapter
488, Statutes of 2006]. In 2009, ARB adopted a low-carbon
fuel standard (LCFS) regulation pursuant to AB 32. The LCFS
requires a reduction in the carbon intensity of California's
transportation fuels by at least 10% by 2020.
6)Establishes the Alternative and Renewable Fuel and Vehicle
Technology Program (ARFVTP) to support alternative vehicle
technologies and fuels as part of the California Alternative
and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon
Reduction Act of 2007 [AB 118 (Nunez), Chapter 750, Statutes
of 2007]. The ARFVTP is administered by the CEC and receives
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approximately $100 million per year from temporary surcharges
on vehicle and vessel fees. Collection of these fees
currently is authorized until 2024. Projects to improve
alternative and renewable low-carbon fuels are eligible for
funding.
7)Requires metropolitan planning organizations to include
sustainable communities strategies, as defined, in their
regional transportation plans for the purpose of reducing GHG
emissions from transportation [SB 375 (Steinberg), Chapter
728, Statutes of 2008].
Building Efficiency:
8)Requires the CEC to establish regulations to develop and
implement a comprehensive program to achieve greater energy
savings in California's existing residential and
nonresidential building stock [AB 758 (Skinner), Chapter 470,
Statutes of 2009]. The AB 758 program is targeted at
buildings that "fall significantly below" the current Title 24
energy efficiency standards.
Renewables Portfolio Standard (RPS):
9)Requires "retail sellers" of electricity, i.e., investor-owned
utilities (IOUs), energy service providers (ESPs) and
community choice aggregators (CCAs), as well as publicly owned
utilities (POUs), to procure eligible renewable energy
resources to meet the following portfolio targets:
a) 20% on average from January 1, 2011 to December 31,
2013.
b) 25% by December 31, 2016.
c) 33% by December 31, 2020 and each year thereafter.
10)Authorizes the Public Utilities Commission (PUC) to require
retail sellers to procure eligible renewable energy resources
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in excess of these targets.
11)Provides that eligible renewable generation facilities must
use biomass, solar thermal, photovoltaic, wind, geothermal,
renewable fuel cells, small hydroelectric, digester gas,
limited non-combustion municipal solid waste conversion,
landfill gas, ocean wave, ocean thermal or tidal current.
12)Establishes "balanced portfolio" requirements for procurement
based on the following three categories of renewable energy
products:
a) Renewable energy interconnected to the grid within,
scheduled for direct delivery into, or dynamically
transferred to, a California balancing authority (i.e.,
real renewable energy supplied to the California grid,
located within or proximate to the state). Of the total
renewable energy contracts executed after June 1, 2010, the
following percentages must fall into this category:
i) At least 50% for the 2011-2013 compliance period.
ii) At least 65% for the 2014-2016 compliance period.
iii) At least 75% thereafter.
b) Renewable energy where substitute non-renewable energy
is used to provide a reliable delivery schedule into a
California balancing authority (i.e., firmed and shaped
energy where substitute energy is used to compensate for
delivery problems due to intermittent generation or
inadequate transmission capacity from a remote renewable
resource).
c) Renewable energy products not meeting either condition
above, including unbundled renewable energy credits (RECs)
(i.e., the original source of renewable energy must be
located within the western grid, but otherwise need not be
delivered to the California grid). Of the total renewable
energy contracts executed after June 1, 2010, the following
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percentages may fall into this category:
i) Not more than 25% for the 2011-2013 compliance
period.
ii) Not more than 15% for the 2014-2016 compliance
period.
iii) Not more than 10% thereafter.
13)Requires the CEC to:
a) Certify eligible renewable energy resources according to
the criteria in the statute.
b) Design and implement an accounting system to verify
compliance, to ensure that electricity generated by an
eligible renewable energy resource is counted only once for
the purpose of meeting the RPS of this state or any other
state, to certify RECs produced by eligible renewable
energy resources, and to verify retail product claims in
this state or any other state.
c) Establish a system for tracking and verifying RECs that,
through the use of independently audited data, verifies the
generation of electricity associated with each REC and
protects against multiple counting of the same REC.
14)Requires the PUC to establish a cost limit for each IOU
according to specified criteria, requires the PUC to report to
the Legislature by 2016 regarding whether IOUs can achieve 33%
within the adopted cost limit, authorizes the PUC to revise
the cost limit once after 2016 if necessary, and authorizes
IOUs to stop procuring renewable energy beyond the cost limit,
unless additional renewable energy can be procured without
exceeding a de minimis increase in rates.
15)Permits retail sellers to take credit for compliance
surpluses by requiring the PUC to adopt "banking" rules
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permitting retail sellers to apply excess procurement to
subsequent compliance periods. Prohibits banking of
procurement associated with contracts of less than 10 years,
as well as RECs and other undelivered products.
16)Excuses retail sellers from enforcement for failure to meet
targets if the retail seller demonstrates that any of the
following conditions are beyond its control and will prevent
compliance:
a) Inadequate transmission capacity for delivery of
sufficient renewable energy.
b) Permitting, interconnection or other delays for
renewable energy projects, or an insufficient supply of
available renewable energy.
c) Unanticipated curtailment of renewable energy necessary
to address the needs of a balancing authority (e.g., the
Independent System Operator).
THIS BILL:
1)Directs ARB, in adopting motor vehicle emission, performance
and fuel standards pursuant to its existing authority, to
achieve a 50% reduction in petroleum use in motor vehicles by
2030. Requires ARB to prepare a petroleum reduction strategy
and implementation plan by January 1, 2017, and update the
plan every three years.
2)Directs CEC to adopt an update to the AB 758 program, by
January 1, 2017 and every three years thereafter, to achieve
an overall doubling of the energy efficiency of buildings by
January 1, 2030.
3)Requires the CEC to adopt, implement, and enforce a
responsible contractor policy for use across all
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ratepayer-funded energy efficiency programs that involve
installation or maintenance, or both installation and
maintenance, by building contractors to ensure that retrofits
meet high-quality performance standards and reduce energy
savings lost or foregone due to poor-quality workmanship.
4)Establishes a RPS target of 50% by December 31, 2030 and
thereafter for retail sellers and POUs, including interim
targets of 40% by the end of the 2021-2024 compliance period,
45% by the end of the 2025-2027 compliance period, and 50% by
the end of the 2028-2030 compliance period.
5)Requires the PUC to direct each IOU to include in its proposed
procurement plan a strategy for procuring a diverse portfolio
of resources that provide a reliable electricity supply,
including renewable energy integration needs, using zero
carbon-emitting resources to the maximum extent reasonable.
Requires the net capacity costs of those resources to be
allocated on a fully nonbypassable basis.
6)Removes specified criteria and reporting requirement from the
RPS cost limit, instead directing the PUC to set the cost
limit at a level that prevents disproportionate rate impacts.
7)Limits the RPS eligibility of a facility engaged in the
combustion of municipal solid waste located in Stanislaus
County to contracts entered into before January 1, 2016.
8)Establishes the following "transportation electrification"
provisions:
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a) Requires ARB to identify and adopt appropriate policies
to remove regulatory disincentives facing retail sellers
from facilitating the achievement of GHG emission
reductions in other sectors through increased investments
in transportation electrification, including an allocation
of GHG emissions allowances to retail sellers to account
for increased emissions in the electric sector from
transportation electrification.
b) Requires the PUC, in consultation with the ARB and CEC,
to direct IOUs to propose multiyear programs and
investments to accelerate widespread transportation
electrification to reduce dependence on petroleum, meet air
quality standards, achieve the goals set forth in the
Charge Ahead California Initiative, and reduce emissions of
greenhouse gases to 40% below 1990 levels by 2030 and to
80% below 1990 levels by 2050. Requires the PUC to approve
programs and investments that deploy charging
infrastructure as distribution system costs.
c) Requires the PUC to review data concerning current and
future electric transportation adoption rates and charging
infrastructure utilization rates no less than every three
years and prior to any further authorization to collect
additional new program costs related to transportation
electrification in ratepayer rates. If market barriers
unrelated to the investment prevent electric transportation
from adequately utilizing available charging
infrastructure, the PUC shall not permit additional
investments without adequate assurance that the investments
would not result in stranded costs recoverable from
ratepayers.
d) Establishes a new RPS compliance "offramp" for
unanticipated increases in retail sales due to
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transportation electrification, if the waiver would not
result in an increase in GHG emissions. In making a
finding, the PUC must consider whether transportation
electrification significantly exceeded forecasts in that
retail seller's service territory and whether the retail
seller has taken reasonable measures to procure sufficient
resources to account for the unanticipated increases.
9)Authorizes "procurement entities," subject to PUC
authorization, and POUs to procure an unspecified percentage
of retail sales of onsite generation within the area served by
the procurement entity or POU to serve local electricity
needs. Requires onsite renewable generation to be certified
by the CEC pursuant to its RPS tracking and verification
procedures and prohibits estimation of energy production from
onsite generation to demonstrate RPS compliance.
10)Requires the PUC and CEC to do all of the following in
furtherance of meeting the state's clean energy and pollution
reduction objectives:
a) Take into account the use of distributed generation to
the extent that it provides economic and environmental
benefits in disadvantaged communities.
b) Take into account the opportunities to decrease costs
and increase benefits, including pollution reduction and
grid integration, using technologies with zero onsite GHG
emissions.
c) Where feasible, authorize procurement of resources to
provide grid reliability services that minimize reliance on
system power and fossil fuel resources and, where feasible,
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cost-effective, and consistent with other state policy
objectives, increase the use of large- and small-scale
energy storage with a variety of technologies, targeted
energy efficiency, demand response, eligible renewable
energy resources, or other technologies with zero onsite
greenhouse gas emissions to protect system reliability.
d) Review technology incentive, research, development,
deployment, and market facilitation programs overseen by
the PUC and CEC and make recommendations to advance state
clean energy and pollution reduction objectives and provide
benefits to disadvantaged communities.
e) To the extent feasible, give first priority to the
manufacture and deployment of clean energy and pollution
reduction technologies that create employment
opportunities, including high wage, highly skilled
employment opportunities, and increased investment in the
state.
f) Establish a publicly available tracking system to
provide up-to-date information on progress toward meeting
the clean energy and pollution reduction goals of the Clean
Energy and Pollution Reduction Act of 2015.
g) Establish an advisory group consisting of
representatives from disadvantaged communities to review
and advise on programs proposed to achieve clean energy and
pollution reduction and determine whether those proposed
programs will be effective and useful in disadvantaged
communities.
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FISCAL EFFECT: According to the Senate Appropriations
Committee:
First year costs of $440,000 and $400,000 ongoing from various
special funds to ARB to create a petroleum use baseline and to
implement necessary measures to reduce use.
Unknown cost pressures to current programs from various
special funds to achieve a 50% petroleum reduction.
Annual costs of $7.24 million from the General Fund for the
CEC for ongoing updates of its energy efficiency plans for
existing buildings and to implement the plans.
Annual costs of $900,000 from the Energy Resources Program
Account (General Fund) for the CEC for new responsibilities
ensuring compliance with RPS standards by the POUs.
Annual costs of $2.3 million for five years from the Public
Utilities Reimbursement Account (special) for PUC contract
needs.
Annual costs of $471,000 for two years and $157,000 in the
third year from the Public Utilities Reimbursement Account
(special) for PUC proceedings to adjust existing RPS and Long
Term Procurement Plan programs.
Ongoing staffing needs of $350,000 annually from the Public
Utilities Reimbursement Account (special) for PUC staffing
needs for ongoing enforcement of the higher RPS standards.
Unknown ratepayer costs to the General Fund and various
special funds to the state as a ratepayer of electricity to
the extent that electricity prices may be affected by
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increasing the RPS standard.
Unknown cost pressures to the Public Utilities Reimbursement
Account (special) and the Energy Resources Program Account
(General Fund) to the PUC and the CEC to review renewable
integration needs and to consider grid integration in
proceedings implementing RPS requirements.
COMMENTS:
1)Governor's goals. In his January 5, 2015 Inaugural Address,
Governor Brown announced the following "objectives for 2030
and beyond":
Toward that end, I propose three ambitious goals to be
accomplished within the next 15 years:
Increase from one-third to 50% our electricity
derived from renewable sources;
Reduce today's petroleum use in cars and
trucks by up to 50%; and,
Double the efficiency of existing buildings
and make heating fuels cleaner.
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We must also reduce the relentless release of methane,
black carbon and other potent pollutants across industries.
And we must manage farm and rangelands, forests and
wetlands so they can store carbon. All of this is a very
tall order. It means that we continue to transform our
electrical grid, our transportation system and even our
communities.
I envision a wide range of initiatives: more distributed
power, expanded rooftop solar, micro-grids, an energy
imbalance market, battery storage, the full integration of
information technology and electrical distribution and
millions of electric and low-carbon vehicles. How we
achieve these goals and at what pace will take great
thought and imagination mixed with pragmatic caution. It
will require enormous innovation, research and investment.
And we will need active collaboration at every stage with
our scientists, engineers, entrepreneurs, businesses and
officials at all levels.
Taking significant amounts of carbon out of our economy
without harming its vibrancy is exactly the sort of
challenge at which California excels. This is exciting, it
is bold and it is absolutely necessary if we are to have
any chance of stopping potentially catastrophic changes to
our climate system.
1)RPS. The RPS is the centerpiece of California's effort to
develop a clean energy system and reduce pollution and GHG
emissions associated with electricity consumption. The
original RPS bill, SB 1078 (Sher), Chapter 516, Statutes of
2002, set a goal of 20% by 2017. SB 107 (Simitian), Chapter
464, Statutes of 2006, accelerated the deadline for 20% to
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2010. SBX1 2 (Simitian), Chapter 1, Statutes of 2011-12 First
Extraordinary Session, codified the current 33% by 2020 RPS
target and also established product content categories (or
"buckets"), which place the highest value (Bucket 1) on
renewable energy that is directly delivered into California
because it has the greatest economic, environmental and
reliability benefits.
Since the RPS was enacted, IOUs have advanced beyond their
2002 average starting point of 12% renewables. According to
the PUC's RPS reports, IOUs' actual RPS procurement in 2013
was 23.8% for Pacific Gas and Electric (PG&E), 21.6% for
Southern California Edison (SCE), and 23.6% for San Diego Gas
& Electric (SDG&E). The PUC reports also show that the IOUs
are on track to meet the RPS requirement of 25% renewables by
2016 and are well-positioned to meet the 33% requirement by
2020. RPS procurement currently under contract for 2020 is
31.3% for PG&E, 23.5% for SCE, and 38.8% for SDG&E.
2)P.R. flak. With respect to petroleum reduction, in contrast
to the detailed RPS provisions, this bill takes a "less is
more" approach, simply embedding the 50% target within ARB's
existing authority to adopt motor vehicle emission,
performance and fuel standards to control air pollution (as
opposed to adding the target to the division added by AB 32
governing GHG emissions). This has sparked a lively debate
about what exactly ARB might do to achieve the target.
In fact, there seems to be little real dispute about what the
measures are. Information provided to the committee by oil
companies, automakers and environmental groups is remarkably
similar. The principal existing GHG/petroleum reduction
measures are vehicle miles traveled (VMT) reduction through SB
375, GHG standards for light-duty vehicles through AB 1493, as
well as alternative/zero emission vehicles (collectively
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Advanced Clean Cars), alternative/low-carbon fuels through
LCFS and incentive programs (e.g., AB 118) and a declining cap
on transportation fuel emissions at the supplier level through
the cap-and-trade regulation.
The real question is how much more needs to done to achieve
50% by 2030. A recent analysis prepared by Sierra Research
for the Alliance of Automobile Manufacturers found that
"existing regulatory programs are expected to reduce petroleum
consumption in California by about 31% from 2015 to 2030. The
reduction in VMT growth (from 17% to 4%) assumed by CARB
staff?would further reduction petroleum consumption (to 41% by
2030)."
The main ingredients to increase petroleum reduction to 50% by
2030 appear to be a combination of reduced VMT growth, more
ZEVs, more stringent GHG standards for light-duty vehicles,
and increased use of alternative fuels. The proposition that
achieving a 50% petroleum reduction will require banning or
rationing petroleum is a red herring. Then again, so is the
idea that the goal can be achieved without major,
unprecedented investments in transportation infrastructure and
changes in consumer behavior.
As to whether this bill gives ARB "unfettered" authority, in
fact the bill does not change ARB's regulatory authority. ARB
has authority to regulate motor vehicle emission, performance
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and fuel standards, and those regulations must be
cost-effective, technologically feasible, and consistent with
federal law. This bill establishes a target that will require
ARB to push harder, but still within the boundaries of
existing law. ARB's actions are further fettered by
administrative procedures governing adoption of regulations,
the California Environmental Quality Act, annual review and
approval of its budget by the Legislature, Senate confirmation
of its board members, and, ultimately, judicial review.
Some of the conjecture surrounding this bill's petroleum
reduction provision could be addressed by articulating in more
detail what it's about and not about. For example, achieving
long-term reductions without loss of mobility, a combination
of measures in planning, regulation and incentives, not
banning petroleum, and assure adequate reporting and
oversight. The author and the committee may wish to consider
amending the bill to spell out a more detailed approach as
follows:
Setting a baseline year or fuel volume for the 50%
reduction.
Providing direction as to which measures to pursue.
Requiring more robust reporting and oversight.
Providing direction that the target should be met
through petroleum alternatives, improved transit,
efficiency and planning-based VMT reductions, which don't
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sacrifice mobility or ban/ration petroleum.
Exploring offramps to address unforeseen complications.
1)Natural gas vehicle provisions are misplaced. The July 8
amendments add several provisions to address increased
electricity demand resulting from transportation
electrification, including a section relating to planning and
cost recovery for IOU investment in electric vehicle charging
infrastructure. In the findings of this section, "natural gas
vehicles as a short-term measure" along with "fuel cell
vehicles" are listed (on page 43, lines 3-4 and 27-30), even
though the operative provisions of the section only address
electric vehicle charging. The reference to natural gas
vehicles in this section has provoked controversy, both from
environmental advocates, who don't view natural gas vehicles
as consistent with the state's long-term climate goals, and
natural gas vehicles advocates, who don't like declaring that
natural gas vehicles are strictly a "short-term" measure. The
controversy could be resolved by simply eliminating these
findings, which are not essential, or amending them to refer
to "clean vehicles" rather than listing electric, natural gas,
and fuel cell vehicles.
REGISTERED SUPPORT / OPPOSITION:
Support
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American Academy of Pediatrics - California
American Cancer Society Cancer Action Network, California
American Lung Association in California
Asthma Coalition of Los Angeles County
Audubon California
Autodesk
Baz Allergy, Asthma and Sinus Center
Ben & Jerry's
Bonnie J. Adario Lung Cancer Foundation
BOSCH
Breathe California
Business for Innovative Climate & Energy Policy
CALSTART
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California Association of Electrical Workers
California Biodiesel Alliance
California Black Health Network
California Catholic Conference
California Conference of Directors of Environmental Health
California Energy Efficiency Industry Council
California League of Conservation Voters
California Energy Storage Alliance
California Nurses Association
California Pan Ethnic Health Network
California Public Health Association - North
California State Pipe Trades Council
California Thoracic Society
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California Voices for Progress
Californians Against Waste
Center for Climate Change and Health; Public Health Institute
Central California Asthma Collaborative
Ceres
ChargePoint
Clean Tech San Diego
Clean Power Campaign
Clean Water Action
Climate Action
Climate Parents
Climate Ready Solutions
Coalition for Clean Air
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Coalition of California Utility Employees
Coastal Environmental Rights Foundation
Code REDD
Consumer Attorneys of California
Consumers Union
Dignity Health
Doctors for Climate Health
Eagle Creek
Environment California
Environmental Defense Fund
Gaia Development Services
Gap
Green Star Solution
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Health Care Without Harm
Large-Scale Solar Association
Levi Strauss & Co.
Medical Advocates for Healthy Air
Mercury Press International
Mountain Rider's Alliance
National Parks Conservation Association
Natural Resources Defense Council
New Moon Girl Media
Nextgen Climate
North Face
Pacific Forest Trust
Physicians for Social Responsibility - Los Angeles
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Physicians for Social Responsibility - San Francisco Bay Area
Chapter
Planning and Conservation League
Proof Lab Surf Shop
Public Health Institute
Quest
Refill Shoppe
Regional Asthma Management and Prevention (RAMP)
Rio Theater
San Francisco Asthma Task Force
Santa Clara County Medical Society
Sierra Business Council
Sierra Club California
Sirius Mac Solutions
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SmartWool
Sonoma County Asthma Coalition
Solar Energy Industries Association
South Coast Air Quality Management District
State Building and Construction Trades Council of California
Sungevity
Thinkshift Communications
Transform
Trust for Public Lands
U.S. Green Building Council
Union of Concerned Scientists
Voices for Progress
West Marin Environmental Action Committee
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Western States Sheet Metal Workers
31 individuals
Opposition
Agricultural Council of California
American Alliance Authority & Compliance
American Alliance Drug Testing
Associated Builders and Contractors of California
Associated General Contractors
Building Owners and Managers Association
California Association of Nurseries and Garden Centers
California Business Properties Association
California Chamber of Commerce
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California Concrete Bumpers Alliance
California Construction Trucking Association
California Cotton Ginners Association
California Cotton Growers Association
California Dairies
California Farm Bureau Federation
California Fresh Fruit Association
California Independent Oil Marketers Association
California Independent Petroleum Association
California Manufacturers & Technology Association
California Metals Coalition
California Retailers Association
CalTax
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Chemical Industry Council of California
Coalition of American-Latino Truckers
Family Business Association
Far West Equipment Dealers Association
Food 4 Less/Rancho San Miguel
Foster Farms
Fullerton Chamber of Commerce
Harris Farms
Heavy Haul Conference
Industrial Environmental Association
International Council of Shopping Centers
Kern County Board of Supervisors
NAOIP - Commercial Real Estate Development Association
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National Federation of Independent Business
National Tank Truck Carriers
Orange County Business Council
San Joaquin County Hispanic Chamber of Commerce, Board of
Directors
Simi Valley Chamber of Commerce
Southwest California Legislative Council
Torrance Chamber of Commerce
United
Valley Industry and Commerce Association (VICA)
West Coast Lumber and Building Material Association
Western Aerosol Information Bureau
Western Agricultural Processors Association
Western Growers Association
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Western Plant Health Association
Western States Petroleum Association
Western Trucking Alliance
Analysis Prepared by:Lawrence Lingbloom / NAT. RES. / (916)
319-2092