Air Resources Board Releases Proposed Scoping Plan for AB 32 Implementation

October 23, 2008

On October 15, 2008, the California Air Resources Board (CARB) released its Proposed Scoping Document outlining CARB's strategies for meeting the 2020 statewide greenhouse reductions goals mandated by AB 32.

CARB will consider adoption of the Proposed Scoping Plan at its December 11, 2008 meeting.  The Proposed Scoping Plan represents CARB's revisions to the previously released Draft Scoping Plan in response to public comment on the Draft Scoping Plan. 

The key elements of the Proposed Scoping Plan include:

  • Expanding and strengthening existing energy efficiency programs as well as building and appliance standards;
  • Achieving a statewide renewables energy mix of 33 percent;
  • Developing a California cap-and-trade program that links with other Western Climate Initiative partner programs to create a regional market system;
  • Establishing targets for transportation-related greenhouse gas emissions for regions throughout California, and pursuing policies and incentives to achieve those targets;
  • Adopting and implementing measures pursuant to existing State laws and policies, including California's clean car standards, goods movement measures, and the Low Carbon Fuel Standard; and
  • Creating targeted fees, including a public goods charge on water use, fees on high global warming potential gases, and a fee to fund the administrative costs of the State's long term commitment to AB 32 implementation.

Of note to the energy sector, the Proposed Scoping Plan makes several important changes and clarifies certain programs previously set forth in the Draft Scoping Plan. First, the Proposed Scoping Plan provides additional detail on the proposed cap-and-trade program including a discussion regarding auction of allowances, a discussion of the proposed role for offsets, and additional detail on the mechanisms to be developed to encourage voluntary early action. Second, the Proposed Scoping Plan provides additional detail on implementation, tracking and enforcement of the recommended actions, including the important role of local air districts. Finally, the Proposed Scoping Plan reiterated CARB's commitment to achieving a statewide renewable energy mix of 33 percent.

The full text of the Proposed Scoping Plan may be found by clicking here. 

Meyers Nave has a team of attorneys dedicated to all aspects of greenhouse gas regulation as it applies to our clients including AB 32, CEQA compliance, green building ordinances, and more. If you have questions regarding any of these issues, please do not hesitate to contact Tim Cremin or Ed Grutzmacher.

Contact
Edward Grutzmacher
Senior Associate
E-mail
510.808.2000

Edward Grutzmacher represents public entities and private clients in all stages of land use entitlements, from initial application through final administrative action. He also has extensive experience in litigation arising from land use entitlements, including cases involving the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), the State Planning and Zoning Law, the Coastal Act, the Subdivision Map Act, the Cortese-Knox-Hertzberg Act and the Mitigation Fee Act.
Timothy D. Cremin
Principal
E-mail
510.808.2000

Timothy Cremin advises public entities on compliance with California’s Global Warming Solutions Act (AB 32), analysis and regulation of greenhouse gas emissions under CEQA and other laws, and emerging aspects of climate change regulation.  His specialty is successfully shepherding complex and controversial projects through the maze of land use and environmental regulations on the local, state and federal level, including the California Environmental Quality Act (CEQA); and state and local planning, zoning and subdivision laws.