BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   ACR 77|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  ACR 77
          Author:   Swanson (D), et al
          Amended:  9/1/09 in Assembly
          Vote:     21

           
          WITHOUT REFERENCE TO COMMITTEE OR FILE

           ASSEMBLY FLOOR  :  Read and adopted, 9/1/09 


           SUBJECT  :    California Global Warming Solutions Act of  
          2006: 
                      implementation

           SOURCE  :     Coalition for Green Jobs


           DIGEST  :    This resolution urges the Air Resources Board to  
          meet the statutory requirements of the California Global  
          Warming Solutions Act of 2006 by ensuring that its analysis  
          of specified emission reduction measures include prescribed  
          components.  

           ANALYSIS  :    

          Existing law requires the Air Resources Board (ARB): 

          1. 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. 

                                                           CONTINUED





                                                                ACR 77
                                                                Page  
          2

          2. 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. When adopting AB 32 regulations, to rely upon the best  
             available economic and scientific information and its  
             assessment of existing and projected technological  
             capabilities. 

          This resolution calls on the ARB to include a sector-based  
          workforce impact assessment and mitigation plan within its  
          analysis of the AB 32 Scoping Plan and related rulemaking.   
          The analysis is required to include (1) 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, (2) an 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, (3) an identification of  
          the types of jobs, including industry sectors, that may be  
          lost in California, and (4) 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. 

           Comments  

          According to the author's office, AB 32 (Nunez and Pavley),  
          Chapter 488, Statutes of 2006, 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 University of California, Berkley Center for  
          Labor Research and Education (UCB) report, more  
          industry-specific and occupational research is greatly  

                                                           CONTINUED





                                                                ACR 77
                                                                Page  
          3

          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 this resolution is not meant to  
          undermine the provisions of AB 32; it was introduced to  
          develop a win-win scenario.  This 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. 

           The Scoping Plan  .  Existing law requires ARB to approve and  
          implement a framework for California to reduce GHG  
          emissions to 1990 levels by 2020, and to reach 80 percent  
          of 1990 GHG emission levels by 2050.  In December 2008, ARB  
          approved the Scoping Plan to begin this work.  
          This resolution asks for further analysis to be considered  
          within the 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.  The additional analysis is  
          based on recommendations by the by the LAO and the UCB,  
          which are discussed below.  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  |   146.7   |
          |the Cap-and-Trade Program and complementary   |   total   |
          |measures including the 12 items below.        |           |
          |                                              |           |

                                                           CONTINUED





                                                                ACR 77
                                                                Page  
          4

          |----------------------------------------------+-----------|
          |1.  California Light-Duty Vehicle GHG         |   31.7    |
          |Standards (Transportation Sector)             |           |
          |       Implement Pavley standards            |           |
          |        Develop Pavley II light-duty vehicle |           |
          |     standards                                |           |
          |----------------------------------------------+-----------|
          |2.  Energy Efficiency (Electricity &          |26.3       |
          |Commercial and Residential Sectors)           |           |
          |       Building and appliance energy         |           |
          |     efficiency and conservation              |           |
          |       Increase Combined Heat and Power      |           |
          |     (CHP) electricity production by 30,000   |           |
          |     Wh                                       |           |
          |        Solar Water Heating (AB 1470 goal)   |           |
          |----------------------------------------------+-----------|
          |3.  Renewables Portfolio Standard (33% by     |   21.3    |
          |2020) (Electricity Sector)                    |           |
          |----------------------------------------------+-----------|
          |4.  Low Carbon Fuel Standard (Transportation  |    15     |
          |Sector)                                       |           |
          |----------------------------------------------+-----------|
          |5.  Regional Transportation-Related GHG       |     5     |
          |Targets                                       |           |
          |----------------------------------------------+-----------|
          |6.  Vehicle Efficiency Measures               |    4.5    |
          |(Transportation Sector)                       |           |
          |----------------------------------------------+-----------|
          |7.  Goods Movement (Transportation Sector)    |    3.7    |
          |       Ship Electrification at Ports         |           |
          |        System-Wide Efficiency Improvements  |           |
          |----------------------------------------------+-----------|
          |8.  Million Solar Roofs (Existing Program     |    2.1    |
          |Target) (Electricity Sector)                  |           |
          |----------------------------------------------+-----------|
          |9.  Heavy/Medium Duty Vehicles                |    1.4    |
          |(Transportation Sector)                       |           |
          |       Heavy-Duty Vehicle GHG Emission       |           |
          |     Reduction (Aerodynamic Efficiency)       |           |
          |        Medium- and Heavy-Duty Vehicle       |           |
          |     Hybridization                            |           |
          |----------------------------------------------+-----------|
          |10.  High Speed Rail (Transportation Sector)  |    1.0    |
          |----------------------------------------------+-----------|

                                                           CONTINUED





                                                                ACR 77
                                                                Page  
          5

          |11.  Industrial Measurer for sources covered  |    0.3    |
          |under the cap-and-trade program including     |           |
          |refineries and energy efficiency and          |           |
          |co-benefits audits (various industry sectors) |           |
          |----------------------------------------------+-----------|
          |12.  Additional reductions necessary to       |   34.4    |
          |achieve the cap                               |           |
          |----------------------------------------------+-----------|
          |                                              |           |
          |----------------------------------------------+-----------|
          |Estimated Reductions from Uncapped Sources as |27.3 total |
          |          indicated in 1 to 4 below           |           |
          |----------------------------------------------+-----------|
          |1.  High Global Warming Potential Gas         |   20.2    |
          |Measures (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      |    1.0    |
          |methane capture (Recycling and Waste Sector)  |           |
          |----------------------------------------------+-----------|
          |Total Reductions Counted Toward 2020 Targets  | 174 total |
          |----------------------------------------------+-----------|
          |                                              |           |
          |----------------------------------------------+-----------|
          |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                          |           |

                                                           CONTINUED





                                                                ACR 77
                                                                Page  
          6

          |----------------------------------------------+-----------|
          |5.  Water Sector Measures                     |    4.8    |
          |----------------------------------------------+-----------|
          |6.  Methane Capture at Large Dairies          |    1      |
          |(Agriculture Sector)                          |           |
           ---------------------------------------------------------- 
           ---------------------------------------------------------- 
          |Source:  AB 32 Scoping Plan, ARB,                         |
          |2008                                                      |
          |                                                          |
           ---------------------------------------------------------- 

          In implementing this Scoping Plan, ARB forecast a net gain  
          of $33 billion in economic activity resulting in $7 billion  
          in additional Gross State Product.  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.  To the extent that the Scoping Plan has  
          been adequately prepared, the fee schedule and  
          implementation plans may be inappropriate. 

                                                           CONTINUED





                                                                ACR 77
                                                                Page  
          7


           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 choose 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 scrutiny, a number of independent  
          reviews were undertaken of the Scoping Plan.  The LAO's  
          review of the Scoping Plan found, among other things, that  
          it was inconsistent, incomplete, and contained  
          "rudimentary" macroeconomic modeling.  In conclusion, the  
          LAO recommended that the Legislature continue its oversight  
          as the ARB further developed actions related to the Scoping  
          Plan. 

          UCB's review found that implementation of AB 32 presents  
          significant challenges to the state and in the absence of  
          careful and farsighted implementation strategies California  
          could lose businesses to other regions in the country and  
          ultimately result in trading well-paying jobs for new jobs  
          of lesser quality.  In addition, the UCB analysis found  
          that the selected macroeconomic models were inadequate,  
          provided inconsistent findings, and were not appropriate  
          for fully capturing data related to dislocation of workers  
          within specific industries.  While, overall, the report  
          supports ARB's individual policy recommendations, it  
          recommends that additional steps be taken to protect  
          workers who are likely to lose jobs. 

           FISCAL EFFECT  :    Fiscal Com.:  Yes

          According to the Assembly Appropriations Committee,  
          incorporating the requested information into the economic  
          analysis would cost the ARB approximately $3 million in Air  
          Pollution Control funds. 


                                                           CONTINUED





                                                                ACR 77
                                                                Page  
          8

           SUPPORT  :   (Verified  9/9/09)

          Coalition for Green Jobs (source)
          American Council of Engineering Companies of California
          Building Owners and Managers Association of California
          California Apartment Association
          California Business Properties Association
          California Grocers Association
          California Labor Federation
          California League of Food Processors
          California Manufacturers & Technology Association
          California State Association of Electrical Workers
          California State Pipe Trades Council
          Coalition of California Utility Workers
          County of Madera
          International Council of Shopping Centers
          National Association of Industrial and Office Properties
          State Building and Constructions Trades Council
          Western State Council of Sheet Metal Workers
          Western States Petroleum Association


          TSM:mw  9/9/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****


















                                                           CONTINUED