BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 881|
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                                 THIRD READING


          Bill No:  AB 881
          Author:   Huffman (D), et al
          Amended:  6/25/09 in Senate
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  6-4, 7/7/09
          AYES:  Lowenthal, DeSaulnier, Kehoe, Pavley, Simitian, Wolk
          NOES:  Huff, Ashburn, Harman, Hollingsworth
          NO VOTE RECORDED:  Oropeza

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  50-29, 5/28/09 - See last page for vote


           SUBJECT  :    Sonoma County Climate Protection Authority

           SOURCE  :     County of Sonoma
                      Sonoma County Transportation Agency


           DIGEST  :    This bill creates the Sonoma County Regional  
          Climate Protection Agency to assist local agencies in  
          Sonoma County to meet greenhouse gas reduction goals.

           ANALYSIS  :    In 2006, the Legislature enacted AB 32  
          (Nu?ez), Chapter 488, the Global Warming Act of 2006 (GWA),  
          which requires the California Air Resources Board (ARB) to  
          establish a statewide greenhouse gas emissions limit such  
          that by 2020 California reduces its greenhouse gas (GHG)  
          emissions to the level they were in 1990.

                                                           CONTINUED





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          AB 32 requires ARB to adopt a Scoping Plan that identifies  
          the strategies that will be employed to ensure that  
          California will meet the 2020 GHG goal.  In December 2008,  
          ARB adopted the Scoping Plan.  It recognizes the critical  
          role local governments will play in the implementation of  
          AB 32 by specifically stating:  "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 GHG  
          emissions through their planning and permitting processes,  
          local ordinances, outreach and education efforts, and  
          municipal operations.  Many of the proposed measures to  
          reduce GHG emissions rely on local government actions."
           
          SB 375 (Steinberg), Chapter 728, Statutes of 2008, requires  
          the ARB to provide each region with GHG emission reduction  
          targets for the automobile and light truck sector; requires  
          a regional transportation plan to include a Sustainable  
          Communities Strategy designed to achieve the targets for  
          GHG emission reduction; requires cities and counties, in  
          general, to revise their housing elements every eight years  
          in conjunction with the regional transportation plan and  
          complete any necessary rezonings within a specific time  
          period; and relaxes California Environmental Quality Act  
          requirements for housing developments that are consistent  
          with a Sustainable Communities Strategy.  
          
          This bill:  

          1. Creates the Sonoma County Regional Climate Protection  
             Authority (authority).

          2. Designates the authority as a public instrumentality  
             governed by the same board as that governing the Sonoma  
             County Transportation Authority (SCTA), but states that  
             the authority is a separate entity from SCTA.

          3. Authorizes the authority, in cooperation with local  
             agencies that choose to participate, to perform  
             coordination and implementation activities within the  
             boundaries of Sonoma County to assist those  
             participating agencies in meeting their GHG emission  
             reduction goals.







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          4. Defines local agency to mean "a county, city, whether  
             general law or chartered, city and county, town, school  
             district, municipal corporation, district, political  
             subdivision, or any board, commission, or agency  
             thereof, other local public agency." 

          5. States that the authority may coordinate and implement  
             activities that shall include, but not be limited to,  
             the following: reduction of energy consumption;  
             coordination and implementation of energy efficiency  
             projects; increasing efficiency of water use; utilizing  
             carbon sequestration opportunities; administration of  
             grants to local entities; development of alternative  
             transportation options; and, measuring and quantifying  
             ongoing greenhouse gas reductions.

          6. Prohibits anything in this bill from superseding or  
             interfering with activities, plans, or actions of other  
             local agencies.

          7. Authorizes the authority to apply for funds available to  
             carry out its functions, to receive grants, and to hold  
             funds available in a separate account.

          8. Prohibits transportation funds from being used for  
             purposes of this measure other than those activities of  
             the authority related to transportation. 

          9. Prohibits funding from the Traffic Relief Act for Sonoma  
             County (Measure M) from being used for purposes of this  
             measure. 

          10.Requires the authority to do all of the following:

             A.    Adopt rules for proceedings; a budget, and an  
                administrative code.

             B.    Act by motion, resolution, or ordinance.

             C.    Conduct meetings under the Ralph M. Brown Act.

             D.    Conduct a financial audit annually. 








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          11.Requires that members of the authority be compensated  
             and reimbursed for necessary and reasonable expenses  
             incurred in connection with performing official duties. 

          12.States that the authority may sue and be sued. 

          13.Sunsets the authority on December 1, 2015, unless  
             otherwise extended. 

           Background

           ARB encourages local governments to adopt a GHG reduction  
          goal for emissions from municipal operations and move  
          toward establishing similar goals for community emissions  
          that parallel the state commitment to reduce GHG emissions  
          to 1990 levels by 2020. Sonoma County, SCTA, the Sonoma  
          County Water Agency (SCWA), and all nine cities in Sonoma  
          have adopted a more aggressive goal to reduce GHG emissions  
          by 25 percent below the 1990 level by 2015. 

          ARB's Scoping Plan 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." The author cites a Public Policy Institute  
          of California report that found the implementation barriers  
          to local GHG reduction efforts is due to the difficulty of  
          coordinating between local agencies. By creating the  
          authority, the bill creates a forum to coordinate the  
          efforts among local public agencies to meet Sonoma County's  
          ambitious GHG goal. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  7/23/09)

          Sonoma County Transportation Agency (co-source)
          County of Sonoma (co-source)
          American Council of Engineering Companies of CA
          Cities of Cloverdale, Cotati, Healdsburg, Rohnert Park,  
          Santa Rosa, 
             Sebastopol, and Sonoma
          Climate Protection Campaign







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          Solar Sonoma County 
          Sonoma County Alliance
          Sonoma County Water Agency 
          Town of Windsor


           ARGUMENTS IN SUPPORT  :    The author's office 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.  This bill creates a new entity in  
          the 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 GHG reduction strategies, in order to  
          assist the state in meeting its 2020 goal as well as help  
          the County meet its GHG reduction goal. The Agency will be  
          a public instrumentality governed by the same board as that  
          governing the Sonoma County Transportation Authority. 


           ASSEMBLY FLOOR  : 
          AYES:  Ammiano, Arambula, Beall, Block, Blumenfield,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Feuer,  
            Fong, Fuentes, Furutani, Galgiani, Hall, Hayashi,  
            Hernandez, Hill, Huber, Huffman, Jones, Krekorian, Lieu,  
            Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, John A.  
            Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,  
            Saldana, Skinner, Solorio, Swanson, Torlakson, Torres,  
            Torrico, Yamada, Bass
          NOES:  Adams, Anderson, Bill Berryhill, Tom Berryhill,  
            Blakeslee, Conway, Cook, DeVore, Duvall, Emmerson,  
            Fletcher, Fuller, Gaines, Garrick, Gilmore, Hagman,  
            Harkey, Jeffries, Knight, Logue, Miller, Nestande,  
            Niello, Nielsen, Silva, Smyth, Audra Strickland, Tran,  
            Villines
          NO VOTE RECORDED:  Evans


          JJA:do  7/23/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE







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