BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1383|
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UNFINISHED BUSINESS
Bill No: SB 1383
Author: Lara (D), et al.
Amended: 8/31/16
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
SENATE FLOOR: 21-13, 6/1/16
AYES: Allen, Beall, Block, De León, Glazer, Hall, Hancock,
Hernandez, Hertzberg, Hill, Jackson, Lara, Leno, Leyva, Liu,
Mendoza, Mitchell, Monning, Pavley, Wieckowski, Wolk
NOES: Anderson, Bates, Berryhill, Cannella, Fuller, Gaines,
Huff, Moorlach, Morrell, Nguyen, Nielsen, Stone, Vidak
NO VOTE RECORDED: Galgiani, Hueso, McGuire, Pan, Roth, Runner
ASSEMBLY FLOOR: Not available
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.
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Page 2
Assembly Amendments add new sector-specific targets for organic
waste, and methane reductions from the dairy and livestock
sector, as well as a number of additional requirements for ARB,
and other agencies, in implementing regulations to achieve the
emissions targets. Assembly amendments also require state
agencies to adopt and consider, as appropriate, policies and
incentives to increase the production of renewable gas.
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.).
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 coordinate
with other state and local governments; hold at least three
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public hearings; evaluate the best available scientific,
technological, and economic information to ensure the
strategy is cost effective and technologically feasible; and
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 Internet Web site at least one month
prior to approval.
4) Establishes a target of 50% reduction in the statewide
disposal of organic waste from the 2014 level by 2020 and a
75% reduction by 2025, and requires CalRecycle and ARB to
adopt regulations to achieve the organic waste reduction
targets.
5) Prohibits the above regulations from establishing numeric
organic waste disposal limits for individual landfills and
authorizes the regulation to:
a) Require local jurisdictions to impose requirements on
generators, as specified, and penalties for noncompliance.
b) Include different levels of requirements for local
jurisdictions and phased timelines for meeting 2020, and
2025 goals, as specified.
c) Include penalties for noncompliance, as specified.
6) Requires the above CalRecycle and ARB regulations to:
a) Take effect on or after January 1, 2022, as specified.
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b) Include requirements intended to recover at least 20%
of edible food currently disposed of, by 2025.
7) Authorizes a local jurisdiction to charge and collect fees
to recover costs incurred in complying with the organic waste
reduction targets.
8) Requires CalRecycle, in consultation with ARB, to analyze
progress in achieving the organic waste reduction goals, as
specified.
9) Authorizes CalRecycle to include incentives or additional
requirements in the regulations to facilitate progress in
meeting the organic waste reduction goals if CalRecycle
determines that significant progress has not been made.
10)Prohibits ARB from adopting additional requirements to
control methane emissions from the disposal of organics
before January 1, 2025, other than through landfill methane
control.
11)Requires ARB, in consultation with the California Department
of Food and Agriculture (CDFA) to adopt regulations to reduce
methane emissions from livestock and dairy manure management
operations by up to 40% below 2013 levels by 2030.
12)Requires ARB, prior to adopting manure management
regulations, to do the following:
a) Work with stakeholders, as specified, to address
challenges and barriers to the development of dairy
methane reduction projects.
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b) Hold a minimum of three public meetings, as specified.
c) Conduct or consider livestock and dairy operation
research on dairy methane reduction projects and consider
developing and adopting methane reduction protocols.
13)Requires ARB post a report on their Internet Web site on
their progress in meeting with stakeholders, holding public
meetings, conducting research, and developing protocols, as
required above.
14)Specifies that the regulations shall be implemented on or
after January 1, 2024, if ARB, in consultation with CDFA,
determines that the regulations are technologically feasible,
economically feasible, as specified, and cost effective and
that they include provisions to minimize and mitigate
potential leakage, and evaluate achievements made by
incentives.
15)Requires ARB, in consultation with CDFA, to analyze progress
by July 1, 2020, toward achieving the methane reduction
targets for the dairy and livestock sector, and authorizes
ARB, in consultation with CDFA and stakeholders to reduce the
methane reduction goal for the dairy and livestock sector if
it is determined that progress has not been made in meeting
targets due to insufficient funding, or technical or market
barriers.
16)Requires ARB, in consultation with PUC and CEC, to establish
energy infrastructure development and procurement policies to
encourage dairy biomethane projects to meet the methane
reduction goals for that sector, and requires PUC and CEC to
direct gas corporations to implement at least five dairy
biomethane pilot projects, as specified.
17)Requires ARB to provide guidance on credits generated
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pursuant to the low carbon fuels standard, and cap-and-trade
program, and ensure that projects developed prior to
implementation of adopted regulations in the dairy and
livestock sector receive credit for at least 10 years, and be
eligible for an extension of credits, as specified.
18)Requires ARB to develop a pilot financial mechanism to
reduce economic uncertainty associated with the value of
environmental credits, including credits generated pursuant
to the low carbon fuels standard, and cap-and-trade program,
and make recommendations, as specified.
19) Specifies enteric emissions reductions may only be
achieved through incentive based mechanisms, until ARB, in
consultation with CDFA makes specified findings, but
authorizes voluntary enteric emissions reductions to be used
toward meeting the methane emission reduction goals for the
livestock and dairy sector.
20)Specifies that the requirements in adopting dairy and
livestock regulations do not limit the authority of ARB to
acquire planning and baseline information.
21)Prohibits ARB from adopting methane emission reduction
regulations controlling methane emissions from dairy and
livestock operation to achieve GHG emissions reductions other
than those required pursuant to this bill.
22)Requires CEC, in consultation with ARB and PUC, to develop
recommendations for the development and use of renewable gas
as part of the 2017 Integrated Energy Policy Report, as
specified.
23)Requires state agencies to consider, and as appropriate,
adopt policies and incentives to significantly increase the
sustainable production and use of renewable gas, based on the
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above recommendations, and requires PUC, in consultation with
CEC and ARB, to consider additional policies to support the
development and use of renewable gas in the state to reduce
short-lived climate pollutants, based on the above
recommendations.
24)Requires priority for the consideration and adoption of
policies above, be given to fuels with the greatest GHG
emissions benefits, as specified.
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, 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
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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 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. 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. HFCs, on average, have a global warming
potential 1600 times that of CO2 on a 20-year time scale.
2)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
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emissions.
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.
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"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
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.
SB 1383 requires ARB to conduct public hearings and ensure the
strategy is cost effective and technologically feasible, as
well as consider other public health, job growth, and
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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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Assembly Appropriations Committee: Unknown
cost pressures, potentially in the tens of millions of dollars
or more, to fund programs to implement the strategies
(Greenhouse Gas Reduction Fund or other special funds).
SUPPORT: (Verified8/31/16)
Alliance of Nurses for Healthy Environment
All Power Labs
American Academy of Pediatrics - California
American Cancer Society Cancer Action Network, California
American Heart Association, California
American Lung Association in California
Anaergia
Asthma Coalition of Los Angeles County
Atlas ReFuel
Audubon California
Bay Area Regional Health Inequities Initiative
Baz Allergy, Asthma and Sinus Center, Central Valley and Bay
Area
Bioenergy Association of California
Bonnie J. Addario Lung Cancer Foundation
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Breathe California
California Association of Environmental Health Officers
California Association of Sanitation Agencies
California Bicycle Coalition
California Black Health Network, Inc.
California Conference of Directors of Environmental Health
California Hydrogen Business Council
California League of Conservation Voters
California Medical Association
California Natural Gas Vehicle Coalition
Californians Against Waste
California Nurses Association
California Pan-Ethnic Health Network
California Public Health Association - North
California Refuse Recycling Council
California Thoracic Society
California Walks
CalPIRG
Center for Climate Change and Health, Public Health Institute
Central California Asthma Collaborative
Clean Energy Renewables
Climate Resolve
Climate 911
Coalition for Clean Air
Coastal Environmental Rights Foundation
CR & R
Dignity Health
Environmental Defense Fund
Environment California
Harvest Power, Inc.
Health Care Without Harm
Health African American Families II
Health Officers Association of California
Inland Empire Disposal Association
Long Beach Alliance for Children with Asthma
Los Angeles County Department of Public Works
Los Angeles County Waste Management
Lutheran Office of Public Policy - California
Maternal and Child Health Access (Los Angeles)
Natural Resources Defense Council
Network of Ethnic Physician Organizations
Next Gen Climate
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Phoenix Energy
Physicians for Social Responsibility, Los Angeles
Physicians, Scientists and Engineers Healthy Energy
Physicians for Social Responsibility/Sacramento
Prevention Institute
RAMP and Community Action to Fight Asthma
Recology
Republic Services, Inc.
San Francisco Bay Area Chapter, Physicians for Social
Responsibility
San Joaquin County Asthma and COPD Coalition
Sierra Energy
Santa Clara County Public Health Department
Solid Waste Association of Orange County
St. John's Well Child and Family Centers (Los Angeles)
The Trust for Public Land
TSS Consultants
Voices for Progress
West Biofuels
29 Individuals
OPPOSITION: (Verified8/31/16)
Asian Pacific Environmental Network
Association of Home Appliance Manufacturers
California Business Properties Association
California Chamber of Commerce
California Fresh Fruit Association
California Grain & Feed Association
California Independent Petroleum Association
California Manufacturers & Technology Association
California Retailers Association
Center for Food Safety
Center for Race Poverty & the Environment Food and Water Watch
Leadership Counsel for Justice and Accountability Communities
for a Better Environment Center for Community Action for
Environmental Justice
Comite ROSAS
Committee for a Better Arvin
Committee for a Better Shafter
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Delano Guardians
Greenfield Walking Group.
Lamont Parent Partners
Los Angeles County, Solid Waste Management Committee/Integrated
Waste Management Task Force
National Federation of Independent Business
Nisei Farmers League
Western Agricultural Processors Association
Western Growers Association
Western Plant Health Association
Western States Petroleum Association
Prepared by:Rebecca Newhouse / E.Q. / (916) 651-4108
8/31/16 22:02:54
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