BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1383|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 1383
Author: Lara (D), et al.
Amended: 4/12/16
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 4-2, 4/6/16
AYES: Wieckowski, Hill, Leno, Pavley
NOES: Gaines, Bates
NO VOTE RECORDED: Jackson
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/27/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NOES: Bates, Nielsen
SUBJECT: Short-lived climate pollutants
SOURCE: Author
DIGEST: This bill requires the Air Resources Board (ARB) to
approve and implement the comprehensive short-lived climate
pollutant strategy 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.
ANALYSIS:
Existing law:
1)Requires, under the California Global Warming Solutions Act of
2006, 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.).
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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 begin implementing 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)Requires ARB, prior to approving the strategy, to do all of
the following:
a) Coordinate with other state and local governments to
develop measures identified in the strategy;
b) Hold at least three public hearings in geographically
diverse locations in the state;
c) Evaluate the best available scientific, technological,
and economic information to ensure the strategy is cost
effective and technologically feasible;
d) Incorporate and prioritize, as appropriate, measures and
actions that provide cobenefits, as specified.
3)Requires ARB to publicly notice the strategy and post a copy
of the strategy on their Web site at least one month prior to
approval.
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
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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, or 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 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 SLCPs 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 and the proposed
Short-Lived Climate Pollutant Strategy, 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 two-thirds of the total
black carbon emissions in the state. 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 has
several programs to reduce PM emissions from heavy-duty
vehicles. Black carbon has a global warming potential 3200
times that of CO2 on a 20-year time scale.
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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).
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. HFCs, on average, have a global
warming potential 1600 times that of CO2 on a 20-year time
scale.
2)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.
3)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.
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In September of 2015, ARB released a draft SLCP strategy
required by SB 605, which was updated in April of this year.
The proposed strategy sets targets for methane, black carbon,
and reductions in F-gases, of 40%, 50%, and 40%, respectively,
by 2030.
Comments
1)Purpose of Bill. According to the author, "California has
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
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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
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 formally approved the
SLCP strategy, and it currently exists in draft form. The
strategy 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 strategy is subject to review under CEQA. Additionally,
SB 1383 requires 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
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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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee, the fiscal
impact is "unknown, but potentially millions of dollars, in cost
pressures to implement the comprehensive strategy. (Greenhouse
Gas Reduction Fund)."
SUPPORT: (Verified5/27/16)
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
Bloom Energy
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
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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
Santa Clara County Board of Supervisors
St. John's Well Child and Family Centers, Los Angeles
Voices for Progress
18 Individuals
OPPOSITION: (Verified5/27/16)
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 Independent Petroleum Association
California Manufacturers &Technology Association
California Poultry Federation
California Retailers Association
Milk Producers Council
National Federation of Independent Business
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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
problems.
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Prepared by: Rebecca Newhouse / E.Q. / (916) 651-4108
5/28/16 17:15:09
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