BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: SB 1383
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|Author: |Lara |
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|Version: |2/19/2016 |Hearing |4/6/2016 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Rebecca Newhouse |
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SUBJECT: Short-lived climate pollutants
ANALYSIS:
Existing law:
1) Existing law, under the California Global Warming Solutions
Act of 2006 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 (Health and Safety Code §38500 et seq.).
2) Requires ARB to complete, by January 1, 2016, a comprehensive
strategy to reduce emissions of short-lived climate
pollutants (SLCPs) in the state.
This bill:
1)Requires ARB to approve and implement the comprehensive
strategy to reduce SLCPs in the state to achieve, from 2013
levels, a 40% reduction in methane, a 40% reduction in
hydrofluorocarbon gases, and a 50% reduction in anthropogenic
black carbon, by 2030.
2)Provides that it is the intent of the Legislature that ARB
consider, when approving and implementing the plan, all of the
following:
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a) Coordinating with other state and local governments to
develop measures identified in the strategy;
b) Holding at least three public hearings in geographically
diverse locations in the state;
c) Evaluating the best available scientific, technological,
and economic information to ensure the strategy is cost
effective and technologically feasible;
d) Consider the impact of the strategy on:
i) Job growth and local economic benefits in the state;
ii) Public health benefits for residents, particularly
in disadvantaged communities;
iii) Potential for innovation in technology, energy, and
resource management practices.
Background
1) Short-lived Climate Pollutants. Greenhouse gases or climate
pollutants, such as CO2, work to warm the earth by trapping
solar radiation in the earth's atmosphere. Depending on the
molecule, these pollutants can vary greatly in their ability
to trap heat, which is termed their global warming potential,
and the length of time they remain in the atmosphere. CO2
remains in the atmosphere for centuries, which makes it the
most critical greenhouse gas to reduce in order to limit
long-term climate change. However, climate pollutants
including methane, tropospheric ozone, hydrofluorocarbons
(HFCs), and soot (black carbon), are relatively short-lived
(anywhere from a few days to a few decades), but when
measured in terms of how they heat the atmosphere (global
warming potential, of GWP), can be tens, hundreds, or even
thousands of times greater than that of CO2. These climate
forcers are termed short-lived climate pollutants (SLCPs).
Because SLCPs remain in the atmosphere for a relatively short
period of time, but have a much higher global warming
potential than CO2, efforts aimed at reducing their emissions
in their near term would result in more immediate climate,
air quality, and public health benefits, than a strategy
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focused solely on CO2. According to ARB's SLCP draft
strategy, "while the climate impacts of CO2 reductions take
decades or more to materialize, cutting emissions of SLCPs
can immediately slow global warming and reduce the impacts of
climate change." Recent research estimates that SCLPs are
responsible for about 40% of global warming to date and that
actions to reduce SLCP emissions could cut the amount of
warming that would occur over the next few decades by half.
According to ARB's 2015 updated Scoping Plan, the three
short-lived climate pollutants with the greatest implications
for California are the following:
Black carbon: Black carbon, a component of soot, also known
as PM 2.5, comes from diesel engines and incomplete burning
of carbon sources. Wildfires contribute almost 50% of the
total black carbon emissions in the state. Black carbon also
darkens the surface of snow and ice, which accelerates heat
absorption and melting, and is thought be the second greatest
contributor to global climate change, after CO2. In addition
to being a powerful global warming pollutant, black carbon is
associated with numerous negative health impacts and is
designated a potential human carcinogen. Black carbon is not
listed under AB 32 as a greenhouse gas subject to AB 32
regulations. However, due to known health and air quality
impacts, ARB adopted truck and bus regulations in 2008 to
control diesel PM emissions. ARB also administers the Carl
Moyer Program, which provides grants to fund "cleaner than
required" engine upgrades, or retrofits that reduce PM 2.5
and other pollutants. Black Carbon has a global warming
potential 3200 times that of CO2 on a 20-year time scale.
Methane: Methane (CH4) is the principal component of natural
gas and is also produced biologically under anaerobic
conditions in ruminants, landfills, and waste handling.
Atmospheric methane concentrations have been increasing as a
result of human activities related to agriculture, fossil
fuel extraction and distribution, and waste generation and
processing. Many emissions sources of methane are
unregulated (e.g., methane from dairy production and fugitive
methane emissions from landfills and natural gas
distribution). In fact, a 2014 Stanford University study
found that methane emissions may be 50% higher than official
estimates from the US EPA. In 2010, ARB approved a regulatory
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measure as an AB 32 discrete early action measure that
requires installation of landfill gas collection and control
systems. ARB has also released draft regulations to reduce
fugitive methane from the oil and gas sector. Methane is
about 80 times more powerful as a global warming pollutant
than CO2 on a 20-year time scale.
Hydrofluorocarbons (HFC): HFCs (also known as F-gases) are
synthetic gases used in refrigeration, air conditioning,
insulation foams, solvents, aerosol products, and fire
protection. They are primarily produced for use as
substitutes for ozone-depleting substances which are being
phased out globally. Currently, HFCs are a small fraction of
the total climate forcing, but they are the fastest growing
source of carbon pollution. ARB has implemented several
measures to reduce HFC emissions including low-global warming
potential (GWP) requirements for aerosol propellants, a
deposit-return recycling program for small cans of air
conditioner refrigerant and a refrigerant management program.
HFCs, on average, have a global warming potential 1600 times
that of CO2 on a 20-year time scale.
2) Climate change, environmental quality, and public health. In
addition to increasing sea levels and dwindling biodiversity,
climate change will have significant impacts on environmental
quality and public health.
A number of impacts from climate change can lead to worsening
air quality. Longer, hotter days during the dry seasons
result in more ground-level pollutants like ozone.
Additionally, dry conditions from high temperatures and
worsening drought lead to longer fire seasons and increasing
wildfire frequency and intensity.
Climate change can also lead to more frequent and extreme
weather. This includes heavy rainfall events, which can
trigger landslides and debris flows that are especially
problematic in areas where wildfires have occurred. Heavy
rain events can also overwhelm sewage and water treatment
facilities with negative impacts to water quality.
Additionally, drought is an important consideration for water
quality. Because of reduced water reserves, groundwater
pumping may continue to increase, resulting in higher
concentration of pollutants in drinking water.
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High heat and drought can also facilitate the spread of West
Nile Virus (WNV) by aiding the development of mosquitoes,
which spread the virus to people, birds, and other animals.
Last year in California, the number of mosquitoes carrying
WNV surged to unprecedented levels.
3) Budget and SLCPs. Several appropriations in the Governor's
proposed 2016-17 budget proposal are aimed at reducing
short-lived climate pollutants through GGRF investments,
including $40 million to support a grant program for a new
residential wood burning device replacement and incentive
program; $20 million for an incentive program to provide new
refrigeration technologies with refrigerants with much lower
global warming potentials; and $35 million for dairy digester
research and development to reduce methane.
4) SLCP Strategy. SB 605 (Lara and Pavley, Chapter 523,
Statutes of 2014) directs ARB to develop a comprehensive
short-lived climate pollutant strategy by January 1, 2016.
In developing the strategy, ARB is required to complete an
inventory of sources and emissions of SLCPs in the state
based on available data, identify research needs to address
data gaps and existing and potential new control measures to
reduce emissions.
In September of 2015, ARB released a draft SLCP strategy
required by SB 605. The draft strategy sets targets for
methane, black carbon, and reductions in F-gases, of 40%,
50%, and 40%, respectively, by 2030. Some of the proposed
measures to achieve black carbon emissions reductions include
replacement of wood-burning stoves, and implementing a
sustainable freight strategy. To meet the methane reduction
target, the draft strategy proposes manure and enteric
management measures, including regulations on new dairies,
prohibiting organics in landfills, oil and gas sector methane
regulations, and others. F-gases are targeted in the strategy
through proposals to provide financial incentives to low GWP
refrigerants and bans on very high GWP refrigerants and
equipment.
Comments
1) Purpose of Bill. According to the author, "California has
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been a proud and bold leader in pursuing environmental
policies to reduce climate change and address the sources
that cause it. Those policies have mostly focused on
reducing emissions of CO2, the most significant long-term
driver of climate change. This strategy represents the next
step in those efforts, to establish a goal to reduce short
lived climate pollutants that are among the most harmful
emissions to both human health and global climate change.
"There is an urgent need to develop a strategy to address and
reduce these deadly pollutants. Extensive research links
particulate pollution and increased ozone levels to severe
and chronic health conditions such as cancer, heart disease,
and asthma. This impact is most profound in children. One
in eleven children in Los Angeles County suffers from asthma.
For Black children, the number is one in four.
"The impact of air pollution on children is not limited to
just heart and lung problems. Asthma is now the leading
medical cause of absenteeism in LA schools, impacting
children's learning and development. Limited opportunities
for physical activity due to respiratory illness and poor air
quality also contribute to an epidemic of overweight and
childhood diabetes that disproportionally impacts Black and
Latino communities.
"Although the problem is statewide, these challenges
disproportionally impact poor families and communities of
color. According to the 2015 State of the Air Report from
the American Lung Association, the top five most polluted
cities in the United States are all in California.
"A Southern California Children's Health study that examined
the long-term effects of particle pollution on teenagers
found that those who grew up in more polluted areas face the
increased risk of having underdeveloped lungs, which may
never recover to their full capacity. The average drop in
lung function was 20 percent below what was expected for the
child's age, similar to the impact of growing up in a home
with parents who smoked.
"Reducing super pollutants in California will have an
immediate beneficial effect - dramatically reducing the
serious impacts these pollutants have on our air quality and
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on the health of our children."
2) What measures will be implemented? SB 1383 directs ARB to
implement the SLCP strategy, required by January 1, 2016
pursuant to SB 605 (Lara). ARB has not yet formally approved
the SLCP strategy, and it currently exists in draft form.
The draft outlines numerous actions that could be taken, and
in some cases are already underway, to address methane, black
carbon, and F-gases in the state to meet the 2030 targets.
Some of the proposals include:
Removal and replacement of old fireplaces and
woodstoves;
Implementing a sustainable freight strategy;
Regulations for best management practices for
new dairies;
Financial incentives for manure management and
dairy digesters;
Requiring organics diversion from landfills;
Regulations to reduce methane emissions from
oil and gas production, processing and storage;
Financial incentives for low-GWP refrigeration
early adoption; and
Bans on the sale of very-high GWP refrigerants
and prohibitions on new equipment using high GWP
gases.
The draft strategy has not yet been approved by the Board,
and is subject to review under CEQA. Additionally, SB 1383
includes legislative intent for ARB to conduct public
hearings and ensure the strategy is cost effective and
technologically feasible, as well as considering other public
health, job growth, and technological innovation benefits.
Because of the additional actions and evaluations needed, the
approved strategy may change significantly, and it is not
clear to what extent all the measures and actions identified
in the draft strategy will be implemented as part of the
approved strategy pursuant to SB 1383 to meet the targets.
However, ARB does note in the report that any regulatory
measures developed pursuant to the SLCP Strategy would
undergo a public rulemaking process, including workshops, and
economic and environmental evaluations.
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1) AB 32 authority. HFCs and methane are defined as greenhouse
gas emissions under AB 32. Pursuant to that authority, ARB
has implemented several regulations targeting those two
short-lived pollutants. Because those pollutants are
included in AB 32, and AB 32 expresses legislative intent
that the 2020 GHG emissions limit remains in effect
indefinitely, it is unclear whether SB 1383 expands ARB's
existing authority to regulate HFCs and methane.
However, black carbon is not included as a greenhouse gas
under AB 32. As SB 1383 would establish black carbon as a
short-lived climate pollutant, and by definition a greenhouse
gas, SB 1383 may expand ARB's current authority to regulate
black carbon.
2) Approving and implementing the strategy. SB 1383 directs ARB
to approve and implement the strategy they are currently
required to complete by January 1, 2016, pursuant to SB 605
(Lara). However, the bill specifies legislative intent that
ARB consider, while approving and implementing the strategy,
holding public hearings, coordinating with other governmental
agencies, evaluating cost-effectiveness and technological
feasibility, and assessing cobenefits. How will these
considerations be incorporated into the strategy after that
strategy has been fully developed, and is in the approval and
implementation phase?
Additionally, instead of requiring ARB to hold public
hearings, coordinate with other agencies, evaluate to ensure
the strategy is cost effective and technologically feasible,
and assess economic, public health, and technological
benefits of the strategy, SB 1383 specifies that it is the
intent of the Legislature that ARB consider doing all of the
above, while approving and implementing the strategy.
For these efforts to inform and be incorporated into the
approved strategy, amendments are needed to require ARB,
prior to approval of the strategy, to do all of the
following:
a) Coordinate with state and local governments on measures
in the strategy;
b) Provide three public hearings in geographically diverse
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locations of the state;
c) Evaluate the best-available scientific, technological,
and economic information to ensure that the strategy is
cost effective and technologically feasible.
d) Incorporate, and prioritize, as appropriate, measures
and actions that provide job growth and local economic
benefits in state, public health benefits, particularly in
disadvantaged communities, and potential for new innovation
in technology, energy, and resource management practices.
1) Implementation. SB 1383 requires ARB implement the strategy
by January 1, 2018. As implementing the strategy will likely
involve a full rulemaking process, a clarifying amendment is
needed to specify that ARB is required to begin
implementation of the strategy by January 1, 2018.
2) Review prior to approval. Amendments are needed to require
ARB, at least one month prior to approval, to publicly notice
consideration of the strategy and post the strategy on their
website.
3) Technical amendment. An amendment is needed to amend the
section number for SB 1383, since Section 39731 in the Health
and Safety Code already exists.
Related/Prior Legislation
SB 605 (Lara and Pavley, Chapter 523, Statutes of 2014) requires
ARB to develop a short-lived climate pollutant strategy by
January 1, 2016.
SOURCE: Author
SUPPORT:
Alliance of Nurses for Healthy Environment
American Academy of Pediatrics, California
American Lung Association in California
American Heart Association, California
Asthma Coalition of Los Angeles County
Bay Area Regional Health Inequities Initiative
Baz Allergy, Asthma and Sinus Center
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Bonnie J. Adario Lung Cancer Foundation
Breathe California
California Black Health Network, Inc.
California Conference of Directors of Environmental Health
California Nurses Association
California Public Health Association-North
California Thoracic Society
California Walks
CALPIRG
Center for Climate Change and Health
Central California Asthma Collaborative
Climate 911
Coalition for Clean Air
Common Sense Kids Action
Dignity Health
Environmental Defense Fund
Health Care Without Harm
Long Beach Alliance for Children with Asthma
Maternal and Child Health Access, Los Angeles
Network for Ethnic Physician Organizations
Physician Engineers and Scientists Healthy Energy
Physicians for Social Responsibility, Los Angeles Chapter
Physicians for Social Responsibility, San Francisco Bay Area
Chapter
Public Health Institute
St. John's Well Child and Family Centers, Los Angeles
Voices for Progress
Eighteen individuals
OPPOSITION:
Agricultural Council of California
Association of California Egg Farmers
California Business Properties Association
California Cattlemen's Association
California Chamber of Commerce
California Citrus Mutual
California Cotton Ginners and Growers Association
California Council for Environmental and Economic Balance
California Dairies, Inc.
California Farm Bureau Federation
California Fresh Fruit Association
California Grain & Feed Association
California Manufacturers &Technology Association
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California Poultry Federation
Milk Producers Council
Nisei Farmers League
Pacific Coast Rendering Association
Waste Management
Western Agricultural Processors Association
Western Growers Association
Western Plant Health Association
Western States Petroleum Association
Western United Dairymen
ARGUMENTS IN
SUPPORT: Supporters state that this bill is the logical
follow-up to SB 605, which put a much-needed priority on SLCPs,
which have a
much higher global warming potential than carbon dioxide.
Supporters also state
that the bill is a vital public health measure that will protect
residents across the
state, and especially in the most disadvantaged communities,
from health-
damaging air pollution, and bring additional health benefits
while reducing the
health impacts of climate change.
ARGUMENTS IN
OPPOSITION: Opponents state that SB 1383 will lead to
duplicative regulations and increased costs for operations
within the state, while
sacrificing legislative oversight, and will result in economic
and emissions leakage.
They also note that direct regulations of methane from dairies
will eliminate the
potential for offsets under the cap-and-trade program.
Agricultural sector
opponents state that the reduction mandates in the bill are
unrealistic, and that
incentives and voluntary reductions can get California to SLCP
goals much more
quickly than direct regulation. They also note that a vote for
SB 1383 is essentially
supporting ARB's SLCP strategy, which they state has numerous
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problems.
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