BILL ANALYSIS
AB 881
Page 1
Date of Hearing: May 13, 2009
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Anna Marie Caballero, Chair
AB 881 (Huffman) - As Amended: May 7, 2009
SUBJECT : Sonoma County Regional Climate Protection Authority:
greenhouse gas emissions.
SUMMARY : Creates, until December 1, 2015, the Sonoma County
Regional Climate Protection Authority. Specifically, this bill :
1)Creates the Sonoma County Regional Climate Protection
Authority (Authority).
2)Provides that the Authority is a public instrumentality
governed by the same board as that governing the Sonoma County
Transportation Authority (SCTA).
3)States that the Authority is a separate entity from SCTA.
4)Requires that each member of the Authority be an elected
official of a local governmental entity within Sonoma County
(County).
5)States that the members of the County Board of Supervisors
serving on the Authority shall comprise less than a majority
of the Authority.
6)Authorizes the Authority, in cooperation with local entities
that elect to participate, to perform coordination and
implementation activities, within the boundaries of Sonoma
County, to assist those entities in meeting their greenhouse
gas emission reduction goals.
7)States that the Authority may coordinate and implement
activities that shall include, but not be limited to, the
following:
a) Reduction of energy consumption;
b) Coordination and implementation of energy efficiency
projects;
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c) Increasing efficiency of water use;
d) Utilizing carbon sequestration opportunities;
e) Administration of grants to local entities;
f) Alternative transportation options; and,
g) Measuring and quantifying ongoing greenhouse gas
reductions.
8)Prohibits anything in this measure from superseding or
interfering with activities, plans, or actions of other local
agencies.
9)Authorizes the Authority to apply for funds available to carry
out its functions.
10)Authorizes the Authority to receive grants of funds to carry
out its functions.
11)Requires that all funds available to the Authority be held in
a separate account and accounted for independently.
12)Prohibits transportation funds from being used for purposes
of this measure other than those activities of the Authority
related to transportation.
13)Prohibits funding from the Traffic Relief Act for Sonoma
County (Measure M) from being used for purpose of this
measure.
14)Requires the Authority to do all of the following:
a) Adopt rules for proceedings;
b) Use the established quorum requirement;
c) Act by motion, resolution, or ordinance;
d) Conduct meetings under the Ralph M. Brown Act;
e) Adopt a budget;
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f) Adopt an administrative code; and,
g) Conduct a financial audit annually.
15)Requires that members of the Authority be compensated and
reimbursed for necessary and reasonable expenses incurred in
connection with performing official duties.
16)States that the Authority may sue and be sued.
17)Contains a sunset clause that makes this section inoperable
on December 1, 2015, unless otherwise extended.
EXISTING LAW :
1)Pursuant to AB 32 (Nunez and Pavley), Chapter 488, Statutes of
2006, enacts the Global Warming Solutions Act of 2006 that
directs the California Air Resources Board (CARB) to implement
a statewide greenhouse gas emissions reduction strategy that
would reduce emissions by 25% by 2020.
2)Requires CARB to adopt an AB 32 Scoping Plan among other
mandated activities.
3)Authorizes, under the Local Transportation Authority and
Improvement Act, any county board of supervisors to create or
designate a local transportation authority in the county for
the purposes of imposing a retail transactions and use tax of
up to 1%, by a two-thirds vote thereof, subject to voter
approval, with revenues to be used for transportation
improvements.
FISCAL EFFECT : Unknown
COMMENTS :
1)CARB adopted the AB 32 Scoping Plan (Plan) in December 2008.
The Plan recognizes the critical role local governments will
play in the successful implementation of AB 32. The Scoping
Plan specifically states that, "Local governments are
essential partners in achieving California's goals to reduce
greenhouse gas emissions. They have broad influence and, in
some cases, exclusive authority over activities that
contribute to significant direct and indirect greenhouse gas
(GHG) emissions through their planning and permitting
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processes, local ordinances, outreach and education efforts,
and municipal operations. Many of the proposed measures to
reduce GHG emissions rely on local government actions."
2)In addition, CARB is encouraging local governments to adopt a
GHG reduction goal for municipal operations emissions and move
toward establishing similar goals for community emissions that
parallel the state commitment to reduce GHG emissions by
approximately
15% from current levels by 2020. According to the author,
Sonoma County, SCTA, the Sonoma County Water Agency and all
nine cities in Sonoma have adopted, in their "Climate Action
Plan", a more aggressive goal to reduce 25% below the 1990
level by 2015.
3)The AB 32 Scoping Plan recognizes the critical need to develop
comprehensive local programs to address all greenhouse gas
emissions that occur within a local government's jurisdiction.
CARB encourages local governments "to partner with special
districts, such as school districts, transportation planning
agencies and waste and water utilities that provide services
within their jurisdictions."
4)According to a recent PPIC report "Climate Policy at the Local
Level: A Survey of California's Cities and Counties" the
implementation barriers to local GHG reduction efforts is due
to the difficulty of coordinating between local agencies. The
report states that for many local governments, many key
functions are undertaken by distinct entities - e.g.
electricity and water utilities, regional or county
transportation planning agencies and local air districts.
Collaborative efforts have often been a key to success.
5)The author believes that in order to help local governments be
more successful in reducing emissions to meet the state's goal
and local goals, we need to give local governments a better
ability to coordinate at the local level to implement
emissions reductions strategies. AB 881 will create a new
entity in Sonoma County, the Sonoma County Regional Climate
Protection Authority, to be in effect until 2015, to organize
efforts with local public agencies and private entities in the
County to coordinate greenhouse gas reduction strategies, in
order to assist the state in meeting its 2020 goal as well
help Sonoma County meet its GHG reduction goal. The Agency
will be a public instrumentality governed by the same board as
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that governing the Sonoma County Transportation Authority.
6)This bill is double-referred to the Committee on
Appropriations.
REGISTERED SUPPORT / OPPOSITION :
Support
Sonoma County Board of Supervisors [CO-SPONSOR]
Sonoma County Transportation Agency [CO-SPONSOR]
American Council of Engineering Companies of CA
Cities of Cloverdale, Cotati, Healdsburg, Rohnert Park,
Sebastopol, and Sonoma
Climate Protection Campaign
Solar Sonoma County
Sonoma County Alliance
Sonoma County Water Agency
Town of Windsor
Opposition
None on file
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958