BILL ANALYSIS                                                                                                                                                                                                    




                                                                  ACR 77
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          Date of Hearing:   July 7, 2009

          ASSEMBLY COMMITTEE ON JOBS, ECONOMIC DEVELOPMENT AND THE ECONOMY
                               V. Manuel Perez, Chair
                   ACR 77 (Swanson) - As Introduced:  May 28, 2009
           
          SUBJECT  :  California Global Warming Solutions Act of 2006

           SUMMARY  :  Calls on the Air Resources Board (ARB) to include a  
          sector-based workforce impact assessment and mitigation plan  
          within its analysis of the AB 32 Scoping Plan and related  
          rulemaking. 

          1)Calls on the ARB to meet statutory requirements of the  
            California Global Warming Solutions Act of 2006 (GWSA) for the  
            preparation of the best available economic analysis by  
            ensuring that the analysis of the emission reduction measures  
            proposed in the Scoping Plan and related rulemaking include  
            the following:

             a)   An analysis of the projected employment impacts of the  
               proposed measure by industry sector in each of the years  
               leading up to 2020, and beyond, that specifies, in  
               particular, the potential for green collar jobs to be  
               located in or outside California;

             b)   Identification of the types of jobs that will be created  
               in California, the industry sectors for which the jobs will  
               be created, and the wage and benefit levels expected for  
               those jobs;

             c)   Identification of the types of jobs, including industry  
               sectors, that may be lost in California; and

             d)   A plan for providing California workers a training  
               program for new green technology jobs that are different  
               from the traditional jobs in energy, transportation, and  
               construction.

          2)In addition, the resolution makes a numbers of findings and  
            declarations including, but not limited to:

             a)   Retaining and creating good jobs with middle-class wages  
               and benefits should be an essential element of the GWSA;










                                                                  ACR 77
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             b)   The draft scoping plan prepared in connection with the  
               GWSA acknowledges that certain job sectors will experience  
               a reduction in workforce and, therefore, will create  
               hardship for the workers currently employed in those  
               industries;

             c)   The implementation of the act may likely increase  
               California's demand for new, advanced, and green  
               technologies, but California may not necessarily enjoy any  
               comparative advantage in the production of those  
               technologies; and

             d)   Current economic conditions require extreme caution in  
               implementing new regulations that may further hamper job  
               creation and the state's economic recovery.
           
           EXISTING LAW:  

          1)Requires the ARB to adopt a statewide greenhouse gas emissions  
            (GHG) limit equivalent to 1990 levels by 2020 and adopt  
            regulations to achieve maximum technologically feasible and  
            cost-effective GHG emission reductions. 

          2)Requires ARB to adopt a "Scoping Plan" for AB 32  
            implementation by January 1, 2009, including an evaluation of  
            the total potential costs and total potential economic and  
            non-economic benefits to California's economy, environment,  
            and public health, using the best available economic models,  
            emission estimation techniques, and other scientific methods.

          3)Requires ARB, when adopting AB 32 regulations, to rely upon  
            the best available economic and scientific information and its  
            assessment of existing and projected technological  
            capabilities.

          4)Authorizes the Governor, in the event of extraordinary  
            circumstances, catastrophic events, or threat of significant  
            economic harm, to adjust the applicable AB 32 deadlines for  
            individual regulations, or for the state in the aggregate, to  
            the earliest feasible date after that deadline.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :










                                                                  ACR 77
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           1)Purpose of the resolution  :  According to the author, AB 32 was  
            a landmark piece of legislation that set the bar high for  
            reducing GHG emissions in California.  However, without  
            appropriate implementation, AB 32 could eliminate economic  
            opportunities for some, in the course of providing  
            opportunities to others.  

            According to a UC Berkeley Center for Labor Research report,  
            more industry-specific and occupational research is greatly  
            needed to assess the workforce needs of the State's emerging  
            green economy.  In addition, a report by the Legislative  
            Analyst's Office (LAO) states that the ARB's economic analysis  
            has weaknesses that need to be addressed.  In order to direct  
            resources to the proper areas, such as training, retraining,  
            and education programs that will provide workers with the  
            skill sets necessary to work in the jobs created by a new  
            green economy, an accurate analysis is crucial for  
            policymakers.

            The author states that ACR 77 is not meant to undermine the  
            provisions of AB 32; it was introduced to develop a win-win  
            scenario.  The resolution simply encourages ARB to conduct a  
            more comprehensive analysis of the impact that AB 32 will have  
            on jobs in the State, to ensure that California is maintaining  
            employment opportunities and preparing the workforce for the  
            emerging green economy.  

           2)AB 32, climate change and GHG emissions  :  GHGs contribute  
            significantly to climate change and are a key sustainable  
            development challenge to California's ability to meet its  
            environmental, economic, and quality of life objectives.   
            Among the consequences of climate change are rising  
            sea-levels, changes in precipitation patterns, and an  
            increased risk of droughts and floods.  These changes threaten  
            biodiversity, existing human economic development patterns,  
            and public health.

            Carbon dioxide, a byproduct of fossil fuel combustion, is the  
            principal greenhouse gas (84%) contributing to global warming.  
             However, other GHGs include methane (8%), nitrous oxide (6%),  
            and what have been called the "synthetic gases" (2%),  
            (hydruoflorocarbons, perfluorocarbons, and sulfur  
            hexafluoride), are also important contributors to climate  
            change.  There is general global consensus that the  
            significantly increased levels of these pollutants are  









                                                                  ACR 77
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            primarily the result of human activities including activities  
            associated with transportation, manufacturing, and energy  
            generation.

            Historically, the U.S. is considered the single largest  
            contributor of carbon dioxide emissions, contributing 29.3% of  
            worldwide emissions between 1850-2002.  Since 2006, however,  
            China with 6017 million metric tons of carbon dioxide  
            (MMTCO2E) emissions is generally considered to be the largest  
            global emitter with the U.S., at 5902 MMTCO2E, keeping a close  
            second.  Russia's 1704 MMTCO2E is ranked as the third largest  
            emitter.

            California is estimated by ARB to be the 15th largest GHG  
            emitter in the world and the largest U.S. state contributor,  
            emitting about 2% of global GHG emissions.  Emissions in  
            California between 2002-2004 break down by industry as  
            follows:


               Transportation, 38%
               Electricity, 23%
               Industry, 20%
               Recycling and Waste, 1%
               High Global Warming Potential Gases, 3%
               Agriculture, 6%
               Commercial and Residential, 9%

            California, like states across the country, faces many  
            challenges in adapting to climate change.  Risks associated  
            with climate change differ broadly by industry, region, and  
            target markets, among other things.  For illustration, the  
            following is a partial list of the impacts climate change is  
            expected to have in California and how these impacts may  
            affect companies doing business in the state. 

             a)   Reduced snow pack is likely to reduce spring snowmelt  
               and result in more winter runoff, which could effect access  
               to water throughout the state.

             b)   Less snowmelt runoff would mean lower early summer  
               storage at major foothill reservoirs with less  
               hydroelectric power production.  The added winter runoff is  
               generally not storable because of flood control needs.  The  
               loss of electricity could affect the price and even the  









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               availability of electricity in certain areas of the state.

             c)   Lower summer reservoir levels would adversely affect  
               recreation and tourism which could affect employment within  
               the foothills, as well as manufacturing and retail of  
               products associated with these activities.

             d)   Sea level rise would affect the Sacramento/San Joaquin  
               Delta worsening existing levee problems and causing more  
               saltwater intrusion.  This could affect the availability  
               and cost of clean water, which is necessary for a variety  
               of manufacturing purposes.

             e)   Climate change in California will also likely result in  
               a higher frequency of large damaging fires.  Beyond the  
               direct impact of the fires, the cost and availability of  
               insurance will likely be impacted.  Taxes may be increased  
               to cover the cost of fighting the fires and redeveloping  
               areas damaged by the fires.  

            Governments have a variety of tools to address these risks and  
            help people and businesses adapt to climate change.  Key  
            public policy tools could include, but are not limited to,  
            regulations such as those required in AB 32; disclosure  
            standards; tax rates, credits and deductions; local  
            development incentives; depreciation schedules; grants, loans,  
            guarantees, and rebates; construction and design standards;  
            professional licensing standards; connection authority to  
            public facilities; and, government purchasing power.  

            Given the broad breadth of tools available to government and  
            the importance of maintaining as healthy an economy as  
            possible during the economic transition to a lower  
            carbon-based economy, it will be important that each emission  
            reduction action be carefully evaluated to ensure that the  
            least economically harmful choices are made to reach the state  
            GHG reduction targets.

           1)The Scoping Plan  :  Existing law requires the ARB to approve  
            and implement a framework for California to reduce GHG  
            emissions to 1990 levels by 2020 and to reach 80% of 1990 GHG  
            emission levels by 2050.  In December 2008, the ARB approved  
            the Scoping Plan to begin this work.  

            ACR 77 asks for further analysis to be considered within the  









                                                                  ACR 77
                                                                  Page F
            Scoping Plan, particularly in the area of its impact on  
            workforce and the related training needs that may occur in  
            implementing the programs, fees, and regulations identified in  
            the Scoping Plan.  Below is a general summary of the Scoping  
            Plan including a chart of the proposed emission reduction  
            actions.  


             --------------------------------------------------------------- 
            |   Recommended Greenhouse Gas Reduction Measures    |   2020   |
            |                                                    |Reductions|
            |                                                    |          |
            |                                                    |(MMTCO2E) |
            |----------------------------------------------------+----------|
            |Estimated Reductions from the combination of the    |  146.7   |
            |Cap-and-Trade Program and complementary measures    |  total   |
            |including the 12 items below.                       |          |
            |                                                    |          |
            |----------------------------------------------------+----------|
            |1.  California Light-Duty Vehicle GHG Standards     |   31.7   |
            |(Transportation Sector)                             |          |
            |       Implement Pavley standards                  |          |
            |       Develop Pavley II light-duty vehicle        |          |
            |     standards                                      |          |
            |                                                    |          |
            |----------------------------------------------------+----------|
            |2.  Energy Efficiency (Electricity & Commercial and |   26.3   |
            |Residential Sectors)                                |          |
            |       Building and appliance energy efficiency    |          |
            |     and conservation                               |          |
            |       Increase Combined Heat and Power (CHP)      |          |
            |     electricity production by 30,000 GWh           |          |
            |        Solar Water Heating (AB 1470 goal)         |          |
            |----------------------------------------------------+----------|
            |3.  Renewables Portfolio Standard (33% by 2020)     |   21.3   |
            |(Electricity Sector)                                |          |
            |----------------------------------------------------+----------|
            |4.  Low Carbon Fuel Standard (Transportation        |    15    |
            |Sector)                                             |          |
            |----------------------------------------------------+----------|
            |5.  Regional Transportation-Related GHG Targets     |    5     |
            |----------------------------------------------------+----------|
            |6.  Vehicle Efficiency Measures (Transportation     |   4.5    |
            |Sector)                                             |          |
            |----------------------------------------------------+----------|









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            |7.  Goods Movement (Transportation Sector)          |   3.7    |
            |       Ship Electrification at Ports               |          |
            |        System-Wide Efficiency Improvements        |          |
            |----------------------------------------------------+----------|
            |8.  Million Solar Roofs (Existing Program Target)   |   2.1    |
            |(Electricity Sector)                                |          |
            |----------------------------------------------------+----------|
            |9.  Heavy/Medium Duty Vehicles (Transportation      |   1.4    |
            |Sector)                                             |          |
            |       Heavy-Duty Vehicle GHG Emission Reduction   |          |
            |     (Aerodynamic Efficiency)                       |          |
            |        Medium- and Heavy-Duty Vehicle             |          |
            |     Hybridization                                  |          |
            |----------------------------------------------------+----------|
            |10.  High Speed Rail (Transportation Sector)        |   1.0    |
            |----------------------------------------------------+----------|
            |11.  Industrial Measurer for sources covered under  |   0.3    |
            |the cap-and-trade program including refineries and  |          |
            |energy efficiency and co-benefits audits (various   |          |
            |industry sectors)                                   |          |
            |----------------------------------------------------+----------|
            |12.  Additional reductions necessary to achieve the |   34.4   |
            |cap                                                 |          |
            |----------------------------------------------------+----------|
            |                                                    |          |
            |----------------------------------------------------+----------|
            |   Estimated Reductions from Uncapped Sources as    |   27.3   |
            |             indicated in 1 to 4 below              |  total   |
            |----------------------------------------------------+----------|
            |1.  High Global Warming Potential Gas Measures      |   20.2   |
            |(various sectors)                                   |          |
            |          Reduction of Use, Recapture and Recovery |          |
            |----------------------------------------------------+----------|
            |2.  Sustainable Forests (Forestry Sector)           |   5.0    |
            |----------------------------------------------------+----------|
            |3.  Industrial Sectors not covered under the        |   1.1    |
            |cap-and-trade program including oil and gas         |          |
            |extraction and transmission                         |          |
            |----------------------------------------------------+----------|
            |4.  Recycling & Waste including landfill methane    |   1.0    |
            |capture (Recycling and Waste Sector)                |          |
            |----------------------------------------------------+----------|
            |Total Reductions Counted Toward 2020 Targets        |174 total |
            |----------------------------------------------------+----------|
            |                                                    |          |









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            |----------------------------------------------------+----------|
            |Other Recommended Measures items 1 to 6 below       |   2020   |
            |                                                    |Reductions|
            |                                                    |          |
            |                                                    |(MMTCO2E) |
            |----------------------------------------------------+----------|
            |1.  State Government Operations                     |   1-2    |
            |----------------------------------------------------+----------|
            |2.  Local Government Actions and Regional GHG       |   TBD    |
            |Target                                              |          |
            |----------------------------------------------------+----------|
            |3.  Green Buildings                                 |    26    |
            |----------------------------------------------------+----------|
            |4.  Recycling and Waste including mandatory         |    9     |
            |commercial recycling                                |          |
            |----------------------------------------------------+----------|
            |5.  Water Sector Measures                           |   4.8    |
            |----------------------------------------------------+----------|
            |6.  Methane Capture at Large Dairies (Agriculture   |    1     |
            |Sector)                                             |          |
             --------------------------------------------------------------- 
             --------------------------------------------------------------- 
            |Source:  AB 32 Scoping Plan, CARB,                             |
            |2008                                                           |
            |                                                               |
             --------------------------------------------------------------- 

            As the chart indicates, one of the most significant components  
            of the Scoping Plan is a cap-and-trade program covering 85%  
            (147.7 MMT) of the state's carbon dioxide emissions. This  
            program will be developed in conjunction with the Western  
            Climate Initiative, comprised of seven states and four  
            Canadian provinces that have committed to cap their emissions  
            and create a regional carbon market.

            Additional key recommendations of the Scoping Plan include  
            specific actions to enhance and expand energy efficiency  
            programs; implement cleaner car operation standards; increase  
            the renewable portfolio standard; and, implement a low-carbon  
            fuel standard.  The Scoping Plan proposes full deployment of  
            the California Solar Initiative, high-speed rail,  
            water-related energy efficiency measures and a range of  
            regulations to reduce emissions from trucks and from ships  
            docked in California ports. There are also measures designed  
            to reduce or recover a range of very potent GHGs, called  









                                                                  ACR 77
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            including refrigerants and other industrial gases, which are  
            known to contribute to global warming at levels many times  
            greater than CO2.  

            In implementing this Scoping Plan, ARB forecast a net gain of  
            $33 billion in economic activity resulting in $7 billion in  
            additional GSP.  In addition, ARB states that many of the  
            measures in the plan will deliver significant gains in energy  
            efficiency.  ARB believes that even with the projected  
            increases in per unit energy costs, that implementation of the  
            actions in the Scoping Plan will result in annual savings per  
            household of between $400 and $500 on average by 2020.   
            Similar savings are projected in the transportation area.  It  
            is further stated that the state's proactive climate change  
            policy will create a strong incentive for additional private  
            investment. 

            The Scoping Plan also recommends, and the ARB is currently in  
            the process of adopting, fees to fund the state's  
            implementation and administration of AB 32.  Existing law  
            specifies that these fees can be assessed on the sources of  
            GHG emissions which include, but are not limited to:   
            producers and importers of transportation fuels, refineries,  
            cement manufacturers importers of out-of-state electricity,  
            facilities that combust coal, and natural gas utilities and  
            pipeline owners and operators.

            AB 32 implementation costs are estimated by the ARB to be $24  
            million in 2007-08; $32 million in 2008-09; and $39 million in  
            2009-10 for a total program start-up cost of $95 million  
            through June 30, 2010.  ARB's proposed AB 32 budget for FY  
            2009-10 includes funding for 177 personnel years for a variety  
            of boards and departments, 155 of which are located at ARB.   
            ARB estimates that administration, implementation, and  
            enforcement of the proposed emission reduction strategy, as  
            outlined in the Scoping Plan, will require a continuing source  
            of funding of approximately $55 million per year.

            Most of the measures in this Scoping Plan will be implemented  
            through the full rulemaking processes at ARB or other  
            agencies. Conceivably, the public and key stakeholders will  
            have an opportunity to further engage as individual measures  
            are developed and analyzed in more detail.  ARB believes that  
            this additional analysis and public input will help to provide  
            greater certainty about the estimates of costs and expected  









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            GHG emission reductions.

            With the exception of Discrete Early Actions, which will be in  
                                                                    place by January 1, 2010, other regulations are expected to be  
            adopted by January 1, 2011 and take effect at the beginning of  
            2012.  This means more than 20 additional Scoping Plan  
            measures will be adopted by ARB in 2009 and 2010.  

           4 Economic Analysis Models  :  In evaluating the economic impact  
            of the Scoping Plan, ARB compared estimated economic activity  
            under a business-as usual (BAU) case to the results obtained  
            when actions recommended in the Scoping Plan are implemented.   
            Under the BAU case, GSP in California is projected to increase  
            from $1.8 trillion in 2007 to almost $2.6 trillion in 2020.   
            The results of ARB's analysis indicate that implementation of  
            the Scoping Plan will have an overall positive net economic  
            benefit for the state primarily because of the substantial  
            energy savings, which "should more than pay back the cost of  
            the investments at expected future energy prices."  More  
            specifically, ARB states that the projected economic benefits  
            in 2020 compared to the BAU are as follows:

               $33 billion in increased economic production;
               $7 billion in increased overall gross stare product;
               $16 billion in increased overall personal income;
               $200 in increased per capita income; and,
               More than an additional 100,000 jobs.

            In undertaking its economic analysis, ARB used two  
            macroeconomic models, the E-DRAM and the BEAR models to  
            forecast overall economic output and employment based on the  
            same underlying data and estimates of the costs of specific  
            policy measures.  The E-DRAM and BEAR models can provide a  
            detailed picture of the California economy that includes 120  
            distinct industrial sectors.  Based on this modeling, it is  
            estimated that the California economy can absorb the costs of  
            lowering GHG emissions to the AB 32 levels without reducing  
            employment.  The table below shows employment, by industry  
            sector, that is estimated to be impacted by the implementation  
            of the Scoping Plan, based on E-DRAM modeling.


             ----------------------------------------------------------- 
            |Table 27 from Scoping Plan:  Summary of Employment Changes |
            |   by Sector from Modeling and Scoping Plan Using E-DRAM   |









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             ----------------------------------------------------------- 
            |---------------+---------+---------+----------+-----------|
            |               |Employmen|(thousand|          |           |
            |               |       t |s)       |          |           |
            |---------------+---------+---------+----------+-----------|
            |Sector         |  2007   |Business-| Scoping  |Percent    |
            |               |         |   as-   |   Plan   |Change     |
            |               |         |  usual  |          |from BAU   |
            |---------------+---------+---------+----------+-----------|
            |Agriculture,   |   398   |   449   |   464    |   3.5%    |
            |Forestry and   |         |         |          |           |
            |Fishing        |         |         |          |           |
            |---------------+---------+---------+----------+-----------|
            |Mining         |   26    |   26    |    26    |   1.3%    |
            |---------------+---------+---------+----------+-----------|
            |Utilities      |   60    |   67    |    57    |  -14.7%   |
            |---------------+---------+---------+----------+-----------|
            |Construction   |   825   |   929   |   934    |   0.5%    |
            |---------------+---------+---------+----------+-----------|
            |Manufacturing  |  1,821  |  2,046  |  2,057   |   0.5%    |
            |---------------+---------+---------+----------+-----------|
            |Wholesale      |   703   |   791   |   793    |   0.1%    |
            |Trade          |         |         |          |           |
            |---------------+---------+---------+----------+-----------|
            |Retail Trade   |  1,688  |  1,901  |  1,916   |   0.8%    |
            |---------------+---------+---------+----------+-----------|
            |Transportation |   447   |   503   |   510    |   1.2%    |
            |and            |         |         |          |           |
            |Warehousing    |         |         |          |           |
            |---------------+---------+---------+----------+-----------|
            |Information    |   398   |   448   |   450    |   0.4%    |
            |---------------+---------+---------+----------+-----------|
            |Finance,       |   911   |  1,026  |  1,046   |   2.0%    |
            |Insurance and  |         |         |          |           |
            |Real Estate    |         |         |          |           |
            |---------------+---------+---------+----------+-----------|
            |Services       |  5,975  |  6,729  |  6,773   |   0.7%    |
            |---------------+---------+---------+----------+-----------|
            |Government     |  3,100  |  3,491  |  3,502   |   0.3%    |
            |---------------+---------+---------+----------+-----------|
            |Total          | 16,352  | 18,405  |  18,528  |   0.6%    |
             ---------------------------------------------------------- 
             ----------------------------------------------------------- 
            | Source:  Air Resources Board, December 2008 AB 32 Scoping |
            |Plan                                                       |









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            |                                                           |
             ----------------------------------------------------------- 

            ACR 77 calls for additional work on the workforce impacts of  
            actions recommended in the Scoping Plan and in the development  
            of related regulations.  As illustrated in the chart above,  
            the proposed actions in the Scoping Plan are expected to have  
            a significant impact on workers in the utilities area.   
            Historically these jobs have represented quality jobs, paying  
            above average wage rates including benefits.  Concerns have  
            arisen that implementation AB 32 will not only eliminate these  
            jobs, but also other high wage jobs in the manufacturing  
            sector.  

            Further, there is a concern that the Scoping Plan provides  
            only a limited understanding of how California's economy will  
            transition from its current economic status to the 2020  
            economy envisioned in the Scoping Plan.   To address this  
            issue ACR 77 also calls for the Scoping Plan to more clearly  
            identify potential jobs lost and those that will be created,  
            including the wage rates and benefit levels.  Given the  
            importance of a successful economic transition, implementation  
            of the recommendation in ACR 77 will provide greater  
            transparency and an opportunity for better planning and  
            assistance to impacted workers and the businesses in which  
            they currently work.

           5)California Economy  :  California is one of the ten largest  
            economies in the world with a 2008 gross state product of  
            $1.84 trillion.  May 2009 unemployment was at 11.5%  
            (seasonally adjusted) representing an estimated 2.1 million  
            unemployed workers in California.  Below is a selection of  
            county unemployment rates for May 2009.


               Alameda County:10.7% (Up from 5.6% in 2008)
               Colusa County:  17.8% (Up from 10.6% in 2008)
               Contra Costa: 10% (Up from 5.6% in 2008)
               Fresno County: 15.4% (Up from 9.4.% 2008)
               Imperial County: 26.8% (Up from 20.8% in 2008)
               Los Angeles County: 11.4% (Up from 6.8% in 2008)
               Riverside County: 13.1% (Up from 7.5% in 2008)
               Sacramento County:  11.1% (Up from 6.4% in 2008)
               Santa Clara County:  11.1% (Up from 5.4% in 2008)  
             









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            These unemployment figures represent job losses in every  
            sector, excluding the education and health services sector.   
            Jobs losses for May 2009 ranked in order are as follows:   
            government (14,200); construction (11,300); professional and  
            business services (10,900); manufacturing (9,600); trade,  
            transportation, and utilities (8,300); information (8,100)  
            financial activities (3,500); leisure and hospitality (2,700);  
            and other services 2,100).  
             
            Responding to the growing economic recession, in March 2009,  
            the Assembly Committee on Jobs, Economic Development, and the  
            Economy released a draft economic recovery strategy.  The  
            purpose of the recovery strategy is to provide a blueprint of  
            specific economic and workforce development actions the state  
            can take to address the immediate needs of its people and to  
            provide for its longer-term economic growth, particularly in  
            the emerging green economy.  

            In setting a framework in which to consider the proposed  
            recommendations, the recovery strategy outlines many of the  
            challenges the state faces in transitioning to a lower carbon  
            economy.  Among these challenges is competition from other  
            states and abroad for venture capital and the establishment of  
            new and expansion of existing cleantech manufacturing.  

            In addition to these external challenges, the recovery  
            strategy notes that California's inability to reach a  
            reasonable accommodation among stakeholders on how the state  
            will develop, review, and enforce regulations could impair its  
            ability to leverage the full potential of the emerging green  
            economy.  Conversely, without dominance in the green  
            technology fields, California may be less successful in  
            meeting its GHG reduction targets.

           5)Independent Review of the Scoping Plan  :  The purpose of the  
            Scoping Plan is to provide significant background and policy  
            direction for the state to use in charting a path toward a  
            lower carbon economy.  Questions have arisen about the current  
            Scoping Plan, however, as to whether ARB has fully addressed  
            all relevant issues and whether sufficient care has been taken  
            to chose the most cost-effective, equitable, and least  
            economically damaging GHG emission reduction actions.  These  
            concerns have been raised by a number of stakeholders  
            including policy makers, environmental justice groups, and  
            business and labor organizations.  Due to this heightened  









                                                                  ACR 77
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            scrutiny, a number of independent reviews were undertaken of  
            the Scoping Plan.  In the subparagraphs below, two of those  
            reviews are discussed in more detail including identification  
            of areas that the Legislature may wish to select for special  
            ongoing oversight.
           
             a)   The Legislative Analysts Office Review  :  According to  
               the LAO, that undertook its assessment of the scoping plan  
               based on a request from Assemblymembers Niello and  
               Villines:

                i)     Inconsistent and Incomplete Cost-Savings Analysis  :   
                 The plan's evaluation of the costs and savings of some  
                 recommended measures are inconsistent and incomplete.  As  
                 an example, the plan does not reflect all known costs and  
                 savings for recommended actions in the plan, such as the  
                 "million solar roofs" program where these calculation are  
                 specifically excluded. In other cases, such as the  
                 cap-and-trade program, the plan didn't include its  
                 potential costs and savings because it had not been  
                 developed at the time the plan was finalized.  The ARB  
                 does not dispute that the evaluation of the costs an  
                 savings of some recommended measurers are incomplete.

                ii)    Rudimentary Macroeconomic Modeling  :  Macroeconomic  
                 modeling results show a slight net economic benefit to  
                 the plan, but ARB failed to demonstrate the analytical  
                 rigor of its findings.   Even with additional details of  
                 the ARB's analysis, the LAO concludes that ARB's work  
                 "has, thus far, been very rudimentary."

                iii)   Limited Use of Economic Analysis in Selection of  
                 Reduction Measures  :  Economic analysis played a limited  
                 role in the development of the scoping plan.  While  
                 statute requires that emission reductions should be  
                 achieved in a cost effective basis, the LAO states that  
                 it appears that reduction measurers were selected first  
                 and the economic analysis was developed after.  ARB  
                 confirmed the LAO understanding that economic analysis  
                 played a very limited role in the selection of measures  
                 recommended in the Scoping Plan and in the amount of GHG  
                 reductions assigned to each measure.

                iv)    Significant Reliance on a Single Regulatory Action  :   
                 The scoping plan's overall emission reductions and  









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                 purported net economic benefit are highly reliant on one  
                 measure - the Pavley regulations, AB 1493, Chapter 200,  
                 Statutes of 2002 - which account for 18% of the plan's  
                 emissions reductions and 70% of the plan's net direct  
                 economic savings ($11 billion) to businesses and  
                 consumers.  The ARB does not dispute this finding.

                v)     No Investment Blueprint  :  The plan fails to lay out  
                 an "investment pathway."  The LAO states that the scoping  
                 is deficient in idenitifing an investment pathway that  
                 would describe on a year-to-year basis, what investments  
                 would be required in order to reach AB 32's statutory GHG  
                 emission reductions.   The ARB in responding to written  
                 questions by the LAO stated that (1) most measures would  
                 require little up-front capital investment by the state,  
                 (2) what capital investment that would be required would  
                 be financed over many years and annual savings from the  
                 implementation of the measure would offset the annual  
                 costs, and (3) those measure that did require major  
                 capital outlays were in large industrial entities. 

               In conclusion, the LAO recommended that the Legislature  
               exercise its oversight as the ARB continues to develop  
               actions related to the Scoping Plan.  This is necessary,  
               the LAO states, to ensure that AB 32 is implemented in the  
               most cost effective and efficient manner and that the  
               weaknesses in the economic analysis can be addressed as  
               implementation proceeds.

              b)   U.C. Berkley Center for Labor Research and Education  
               (UCB)  :  In February 2009, the UCB released a policy  
               analysis of the job impacts of AB 32 and identified  
               potential policy design options to best promote lower GHG  
               emission reductions and good jobs.  
               The policy brief states that implementation of AB 32 can  
               present significant challenges and that green technologies  
               often require a well-trained technical and blue-collar  
               labor force.  In the absence of careful and farsighted  
               implementation strategies, the policy brief states that  
               California could lose businesses to other regions and  
               ultimately result in trading well-paying jobs for new jobs  
               of lesser quality.  Below is a summary of specific findings  
               in the UCB analysis:
             
               i)     Models have Inherent Limitation  :  Small overall job  









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                 growth was demonstrated based on UCB's review of the  
                 E-DRAM and BEAR macroeconomic models commissioned by ARB  
                 to forecast the economy-wide effects in 2020.   The  
                 analysis also notes that while these are high quality  
                 macroeconomic models, they do have limitations.  "One the  
                 one hand, the models assume quick responses to price  
                 signals, access to credit, and full employment of  
                 resources, including labor.  As a consequence they do not  
                 fully capture the dislocation that can occur in specific  
                 industries and firms and that may result in job loss for  
                 some.  On the other hand, they also do not fully capture  
                 the productivity improvements from future technological  
                 innovations that may lower energy use over time."

                ii)    Analysis Results in Inconsistent Findings  :   
                 Inconsistent findings were identified relative to job  
                 growth within individual industry sectors based on UCB's  
                 review of the E-DRAM and BEAR macroeconomic models.   
                 While in some industry analysis, both models show net job  
                 loss such as in the energy and energy-intensive  
                 industries.  In other industry areas, however, the two  
                 models provide divergent results.  As in the example,  
                 under the E-DRAM model it shows a 33% decline in jobs in  
                 the generation and distribution sectors, while the BEAR  
                 model shows a 2% gain over the BAU scenario.  UCB's  
                 analysis states that inconsistencies in the results  
                 between the models lend doubt to the credibility of the  
                 overall results.

                iii)   Potential Loss of Higher Wage Jobs  :  Job losses  
                 anticipated in the Scoping Plan account for about 20% of  
                 all California jobs, have a higher than average wage and  
                 union density, and are disproportionately filled by men  
                 and by Latinos.

               iv)    Green Economy May Require Different Skills  :  Growth  
                 in green jobs is not likely to use the skill sets of  
                 workers who are most likely to lose their jobs under AB  
                 32.  UCB estimates that 36% of new green jobs will be in  
                 professional, scientific and technical services, 19% in  
                 construction, and 15% in manufacturing.

               Overall, the policy brief supports ARB's individual policy  
               recommendations, but urges the ARB to take specific steps  
               to protect workers who are likely to lose jobs and improve  









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               job quality.  Among its specific recommendations, the  
               policy brief recommends that investment is needed in  
               workforce development initiatives that complement existing  
               workforce development programs, that provide transitional  
               worker support and retraining, and that steps should be  
               taken to ensure that California's green jobs don't become  
               low-wage jobs.

           6)New federal legislation  :  Encouraged by the White House,  
            Congress is in the process of adopting, HR 2454 the "American  
            Clean Energy and Security Act of 2009," the first U.S. climate  
            change policy which includes provisions for a cap-and-trade  
            program.  The Scoping Plan anticipates the adoption of a  
            federal program and states that ARB's efforts to "design a  
            broad cap-and-trade system that works in concert with sector-  
            or source-related measures and meets the requirements of AB 32  
            that can serve as a model for a federal program."   If  
            California is to serve as a model for the rest of the nation,  
            there may need for a greater emphasis on the economic modeling  
            and analysis of how businesses and workers can successfully  
            transition from where they are today and where they need to be  
            in the next five to ten years.

           7)Related legislation  :  The following is a list of bills related  
            methods for determining the best ways in which the state can  
            implementation of AB 32 in a cost-effective manner.
           
             a)   AB 1033 (Nielsen)  - Independent Study for Large Impact  
               AB 32 Regulations:  Requires any state or local agency  
               adopting a regulation to reduce GHG emissions after January  
               1, 2010, to evaluate existing regulations and obtain an  
               independent third-party economic impact analysis if the  
               regulation is determined to impose potential costs of over  
               $1 million.  Status:  Awaiting a January hearing in the  
               Assembly Natural Resources Committee.

              b)   AB 1506 (Arambula) -  GHG Business Incentive Study  :   
               This bill would have required the Business, Transportation  
               and Housing Agency (BTH) to undertake a study to determine  
               the most effective ways for the state to provide incentives  
               to businesses to reduce their GHG emissions and increase  
               their energy independence.  BTH was required to report its  
               findings and recommendations to the Legislature by January  
               1, 2009.  Status:  Held in the Senate Committee on  
               Appropriations in the 2007-08 legislative session.









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              c)   AB 1620 (Arambula) -  California Clean Technology  
               Services Unit  :  This bill would have established the  
               California Clean Technology Services Unit within BTH to  
               serve as a one-stop shop for businesses and investors who  
               required information on the GHG reduction regulations in  
               order to develop environmentally-friendly technologies to  
               meet those regulations.  Status:  Held in the Senate  
               Committee on Environmental Quality in the 2007-08  
               legislative session.

              d)   ACR 14 (Niello)  - Calls upon the ARB to perform a more  
               accurate and complete economic analysis prior to proceeding  
               with regulations to implement AB 32.  Calls upon the  
               Governor to use his authority under AB 32 to adjust  
               deadlines for adoption of regulations.  Status:  Awaiting a  
               January hearing in the Assembly Natural Resources  
               Committee.

              e)   SCR 131 (Migden)  - Calls on the ARB to meet statutory  
               requirements of the GWSA for the preparation of the best  
               available economic analysis by ensuring that the analysis  
               of the emission reduction measures, as proposed in the  
               scoping plan and related rulemaking, include adequate  
               analysis of its impacts on workforce issues, as specified.   
               Status:  Held in the Senate Natural Resources Committee, in  
               the 2007-08 legislative session.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Coalition for Green Jobs (sponsor)
          American Council of Engineering Companies of California
          Associated General Contractors of California
          Building Owners and Managers Assn of California
          California Apartment Association 
          California Association of Electrical Workers 
          California Business Properties Association
          California Dump Truck Owners Assoc     
          California Grocers Association
          California League of Food Processors 
          California Manufacturers & Technology Association 
          California Retailers Associations 
          California State Pipe Trades Council
           








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          California State Association of Electrical Workers
          Coalition of California Utility Employees
          Construction Industry Air Quality Coalition
          Engineering & Utility Contractors Association 
          International Council of Shopping Centers 
          National Association of Industrial and Office Properties 
          Western States Council of Sheet Metal Workers 
          Western States Petroleum Association

           Opposition 
          
          None known

           
          Analysis Prepared by  :    Toni Symonds / J., E.D. & E. / (916)  
          319-2090