BILL ANALYSIS Ó SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator Wieckowski, Chair 2015 - 2016 Regular Bill No: SB 1030 ----------------------------------------------------------------- |Author: |McGuire | ----------------------------------------------------------------- |-----------+-----------------------+-------------+----------------| |Version: |2/12/2016 |Hearing |4/20/2016 | | | |Date: | | |-----------+-----------------------+-------------+----------------| |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Dan Brumbaugh | | | | ----------------------------------------------------------------- SUBJECT: Sonoma County Regional Climate Protection Authority ANALYSIS: Existing law: 1) Under the California Global Warming Solutions Act of 2006 (AB 32, Núñez and Pavley), requires the California Air Resources Board (ARB) to determine the 1990 statewide greenhouse gas (GHG) emissions level and approve a statewide GHG emissions limit equivalent to that level, to be achieved by 2020. AB 32 also requires ARB to, among other things, prepare and approve a scoping plan to achieve the maximum technologically feasible and cost-effective reduction of GHG emissions by 2020, to be updated every five years. (Health and Safety Code §38500 et seq.) 2) Establishes the Sonoma County Regional Climate Protection Authority (RCPA), and authorizes it to perform coordination and implementation activities within Sonoma County to assist agencies that choose to participate in meeting their greenhouse gas emission reduction goals as set forth in resolutions and adopted plans. The RCPA may also develop, coordinate, and implement programs and policies to comply with AB 32 and other state or federal mandates and programs designed to respond to greenhouse gas emissions and climate change. (Public Utilities Code §181000 et seq.) 3) Sunsets the RCPA on December 1, 2019. (PUC §181016) SB 1030 (McGuire) Page 2 of ? This bill: 1) Repeals the December 1, 2019 sunset provision for the RCPA, making it permanently authorized. Background 1) The Regional Climate Protection Authority is a unique governance structure, requested by the County of Sonoma County and statutorily created through AB 881 (Huffman, Chapter 375, Statutes of 2009) to better address climate change and the local government response to reducing GHG emissions. Sonoma County communities had been working on climate change in various ways since the early 2000s, by adopting GHG reduction targets, developing municipal climate action plans, and pursuing individual projects and programs. However, many of these efforts were being done piecemeal and only as funding allowed. The idea for the RCPA emerged in the late 2000s, after the passage of AB 32 and the stimulus funding directed to energy efficiency and conservation block grants. As Suzanne Smith, the Executive Director of the RCPA, wrote in submitted testimony for a Senate Environmental Quality Committee Informational Hearing in 2015, "it became apparent that the state and federal landscape for climate policy and funding was evolving rapidly. It was also apparent that our jurisdictions could better navigate the challenges created by climate change by working together. The RCPA was created to mirror the model of the transportation authority - to pool resources, maximize the efficiency of programs, and create structured platforms for collaboration. Our agencies also serve as a conduit for funding for implementation on a local level and as a liaison to state and federal agencies." The RCPA, in cooperation with local agencies that elect to participate, develops, coordinates, and implements activities within Sonoma County to comply with local, state, and federal mandates and programs designed to respond to GHG emissions and climate change. In addition to the County of Sonoma, the RCPA's current members include nine cities within Sonoma County. Seven other local entities - including Sonoma County Water Agency, Northern Sonoma County Air Pollution Control District, Sonoma Clean Power, Sonoma County Agricultural Preservation and Open Space District, Sonoma County Energy Independence Program, SB 1030 (McGuire) Page 3 of ? Sonoma County Health Action, and Sonoma County Solid Waste Management Authority - also serve as partners to support the RCPA. AB 881 originally authorized the RCPA until December 1, 2015, and AB 693 (Huffman, Chapter 599, Statutes of 2012) extended the sunset date until December 1, 2019. A state-mandated local government entity, the RCPA is governed and managed by the same board and executive director as governs and manages the Sonoma County Transportation Authority, which was created pursuant to the Local Transportation Authority and Improvement Act (SB 142, Deddeh, Chapter 786, Statutes of 1987). Nonetheless, the two authorities are administered separately. AB 881 authorizes RCPA to apply for grants and receive funds to carry out its functions, but it prohibits the use of transportation funds by RCPA other than for transportation activities. The Public Review Draft Climate Action 2020 Plan, released in March 2016 by the RCPA on behalf of the ten local government jurisdictions of Sonoma County, reflects the opportunity for an efficient regional effort in response to climate change (i.e., developing one plan instead of ten), economies of scale (emphasizing regional programs and consistent policies), and the importance of RCPA staff support for implementation. The proposed approach puts the RCPA in charge of implementation plans, securing funding, community engagement, monitoring and reporting, and plan updates based on the next State Scoping Plan. According to the RCPA's Plan, local climate actions will account for over 677,000 metric tons of CO2 equivalents (MTCO2e) annually and reach their target of a 25% reduction below 1990 emission levels by 2020. This compares to state-level efforts that are expected to generate reductions of over 750,000 MTCO2e in Sonoma County. Through the RCPA, Sonoma County will be matching State efforts by approximately 90%. Echoing state-wide goals, the Plan also includes targets of local reductions below 1990 levels of 40% by 2030 and 80% by 2050. In addition to emissions reductions, the Plan also focuses on "climate readiness" through analysis of economic and social vulnerabilities and adaptation planning. In December 2014, 16 local government "Climate Action Champions" across the U.S. were recognized as leaders in SB 1030 (McGuire) Page 4 of ? climate change by the White House, including two in the Bay Area: San Francisco for a wide-range of climate and sustainability targets and goals to measure progress, and RCPA, as the first local government agency created to specifically address climate change and in recognition of the successes achieved via their collaborative model in Sonoma County. Comments 1) Purpose of Bill. According to the author, "California's diversity of geography, infrastructure and resources make it difficult to use a one size fits all approach to greenhouse gas mitigation. And, while overarching regulations and guidelines are necessary and serve the state in developing targets and goals for emissions reductions, greenhouse gas mitigation strategies must be implemented at the local level. Local government agencies like the RCPA have the necessary knowledge to execute climate action plans provided the uniqueness of differing localities." "The RCPA has a proven track record of achieving more ambitious goals than are required by AB 32's Scoping Plan. According to the climate action strategies set forth by the RCPA, Sonoma County climate action efforts will complement the State's efforts to nearly a 1 to 1 match. Their collaborative approach ensures communities with limited resources are not left out because of budgets constraints." 2) Why is a bill needed? Although major policies have been established at the state and federal levels to reduce GHG emissions, current actions at the local planning and service levels can also contribute a substantial fraction of GHG reductions. Arguably in the future, local emissions reductions may increase even more so to represent a larger share of overall societal emissions reductions. Because the RPCA was the first of its kind to be created, the Legislature placed a sunset date on it to provide an opportunity to assess its effectiveness before making it permanent. This sunset date has been extended once in 2012. However, the author contends that the RCPA now has sufficient history to demonstrate effectiveness over the longer term. SB 1030 (McGuire) Page 5 of ? SB 1030 repeals the sunset provision to allow RCPA greater certainty for the long term challenges of climate change mitigation and adaptation. 3) How is the RPCA funded? The RCPA receives core financial support from its local government members, and does not receive any state appropriations. Statute allows the RCPA to also apply for and receive grants. Designated transportation funds may only be used for transportation-related climate actions, and RCPA is prohibited from using local transportation tax revenues from the 2004 voter approved Traffic Relief Act for Sonoma County (Measure M). DOUBLE REFERRAL: This measure was heard in Senate Transportation and Housing Committee on March 29, 2016, and passed out of committee with a vote of 8-2. SOURCE: Author SUPPORT: Bay Area Regional Energy Network Center for Climate Protection City of Cloverdale City of Cotati City of Petaluma City of Santa Rosa City of Sebastopol Northern Sonoma County Air Pollution Control District Sierra Club California Sonoma Clean Power Sonoma County Agricultural Preservation and Open Space District Sonoma County Board of Supervisors Sonoma County Water Agency The Nature Conservancy Town of Windsor OPPOSITION: None received ARGUMENTS IN SUPPORT: SB 1030 (McGuire) Page 6 of ? The Center for Climate Protection and multiple cities note that "Sonoma County communities rely on the RCPA to advance a countywide long term response to climate change by providing a regional policy forum, staff level coordination, public education, program management, grant administration, and reporting. The RCPA is able to efficiently develop climate action strategies on behalf of multiple local agencies at once. It also helps to align projects across entities towards maximum, integrated benefits." The Bay Area Regional Energy Network (BayREN) writes that "RCPA has been a statewide local government leader in the development of programs like Energy Upgrade California, Pay As You Save?, local Adaptation Forums, Community Choice Energy, and other innovations in climate action. The RCPA was instrumental during the creation of the BayREN, and RCPA staff continue to serve as a leader in the delivery of BayREN programs." The Northern Sonoma County Air Protection Control District (NSCAPCD) writes that it "is a partner of the RCPA and has been a supporter since its inception. The RCPA assists Sonoma County and the Bay Area in reducing greenhouse gases (GHG) by coordinating with climate change organizations to implement best practices and utilizing available resources most effectively. The NSCAPCD collaborates with the RCPA on many projects including energy efficiency rebates and financing, renewable energy implementation, low carbon transportation planning, electric vehicle infrastructure planning, public outreach, and planning for climate resilience." The Sonoma County Agricultural Preservation and Open Space District writes that "The District is a partner to the RCPA and collaborates with the RCPA on many projects including the Climate Action through Conservation initiative, Urban Footprint climate scenario modeling tool, Climate Action 2020, and climate adaptation planning. The RCPA is an essential partner as we work to conserve land and reduce sprawl and associated vehicle emissions. Other letters offered similar praise about the vital role of the RCPA in initiating and supporting local and regional cross-cutting programs. SB 1030 (McGuire) Page 7 of ? -- END --