Saticoy & Wells Community Plan & Development ... - City Of Ventura

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Saticoy & Wells Community Plan and Code EIRSection 5.0 Growth Effects and Other CEQA Sections5.3.4 Regulatory SettingInternational and Federal. The United States is, and has been, a participant in the UnitedNations Framework Convention on Climate Change (UNFCCC), since is was signed on March21, 1994. The Kyoto Protocol is a treaty, made under the UNFCCC, and was the firstinternational agreement to regulate GHG emissions. It has been estimated that if thecommitments outlined in the Kyoto Protocol are met, global GHG emissions could be reducedby an estimated 5% from 1990 levels, during the first commitment period of 2008–2012.Although the United States is a signatory to the Kyoto Protocol, Congress has not ratified theProtocol and the United States has not bound itself to the Protocol’s commitments (UNFCCC,2007).The United States is currently using a voluntary and incentive-based approach towardemissions reductions in lieu of the Kyoto Protocol’s mandatory framework. The ClimateChange Technology Program (CCTP) is a multi-agency research and development coordinationeffort (which is led by the Secretaries of Energy and Commerce) that is charged with carryingout the President’s National Climate Change Technology Initiative (CCTP, December 2007;http://www.epa.gov/climatechange/policy/cctp.html).To date, the United States Environmental Protection Agency (USEPA) has not regulated GHGsunder the Clean Air Act; however, the U.S. Supreme Court in Massachusetts v. EPA (April 2,2007) held that the USEPA can, and should, consider regulating motor-vehicle GHG emissions.The USEPA has not yet promulgated federal regulations limiting GHG emissions. In December2007, the USEPA also denied California’s request for a waiver to directly limit GHG tailpipeemissions, which prompted a suit by California in January 2008 to overturn that decision.California Regulations. Assembly Bill (AB) 1493, requiring the development andadoption of regulations to achieve “the maximum feasible reduction of greenhouse gases”,emitted by noncommercial passenger vehicles, light-duty trucks, and other vehicles usedprimarily for personal transportation in the State was signed into law in September 2002.Executive Order S-3-05, issued in 2005, established statewide GHG emissions reduction targets. S-3-05 provides that by 2010, emissions shall be reduced to 2000 levels; by 2020, emissions shall bereduced to 1990 levels; and by 2050, emissions shall be reduced to 80% of 1990 levels (CalEPA2006a).AB 32, the “California Global Warming Solutions Act of 2006,” was signed into law in the fall of2006. AB 32 required the ARB to adopt regulations to require reporting and verification ofstatewide GHG emissions. In June 2008, ARB produced a plan that indicates how emissionreductions will be achieved from significant GHG sources via regulations, market mechanisms,and other actions. Additionally, the ARB plan outlines a comprehensive plan to reduce GHGemissions to 1990 emission levels by 2020 (essentially a 25% reduction below 2005 emission levels;same requirement as under S-3-05). AB 32 requires ARB to adopt regulations by January 1, 2010 toimplement the early action GHG emission reduction measures that can be implemented before theadoption of those recommended by the 2009 plan. Additionally, the bill requires the adoption ofrules and regulations to achieve the maximum technologically feasible and cost-effective GHGemissions reductions. To provide guidance to local lead agencies, SCAQMD staff will be5-9City of Ventura
Saticoy & Wells Community Plan and Code EIRSection 5.0 Growth Effects and Other CEQA Sectionsconvening a GHG CEQA Significance Threshold working group. Members of the group includegovernment agencies implementing CEQA and representatives from various stakeholder groupsthat will provide input to SCAQMD staff on developing GHG CEQA significance thresholds.Senate Bill (SB) 97, signed in August 2007, acknowledges that climate change is an importantenvironmental issue that requires analysis under CEQA. This bill directs the California Office ofPlanning and Research to prepare, develop, and transmit to the Resources Agency guidelines forthe feasible mitigation of GHG emissions or the effects of GHG emissions by July 1, 2009. TheResources Agency is required to certify or adopt those guidelines by January 1, 2010.The OPR published a preliminary draft of the CEQA Guideline Amendments addressing GHGemissions on January 8, 2009 with the intent to receive input on the proposed amendments.Through a review of comments and workshops the OPR recently, April 13, 2009, submitted tothe Secretary for Natural Resources its proposed amendments to the state CEQA Guidelines forgreenhouse gas emissions, as required by Senate Bill 97. These proposed CEQA Guidelinesamendments would provide guidance to public agencies regarding the analysis and mitigationof the effects of greenhouse gas emissions in draft CEQA documents. The Natural ResourcesAgency will conduct formal rulemaking in 2009, prior to certifying and adopting theamendments, as required by Senate Bill 97. Adoption of the CEQA Guideline Amendments islikely to occur in the summer of 2009.Executive Order S-01-07 was enacted on January 18, 2007. The order mandates that a statewidegoal be established to reduce the carbon intensity of California’s transportation fuels by at least 10percent by 2020. In addition, a Low Carbon Fuel Standard (“LCFS”) for transportation fuels is tobe established for California.In response to EO S-3-05, the CalEPA created the Climate Action Team (CAT), which publishedthe Climate Action Team Report (the “2006 CAT Report”) in March 2006. The CAT Reportidentifies a recommended list of strategies that the State could pursue to reduce climate changegreenhouse gas emissions. These are strategies that could be implemented by various Stateagencies to ensure that the Governor’s targets are met and can be met with existing authority ofthe State agencies. The strategies include the reduction of passenger and light duty truckemissions, the reduction of idling times for diesel trucks, an overhaul of shippingtechnology/infrastructure, increased use of alternative fuels, increased recycling, and landfillmethane capture, etc.In response to the requirements of AB 32, ARB produced a list of 37 early actions for reducingGHG emissions in June 2007. ARB expanded this list in October 2007 to 44 measures that havethe potential to reduce GHG emissions by at least 42 million metric tons of CO 2 emissions by 2020,representing about 25% of the estimated reductions needed by 2020 (ARB, October 2007). ARBstaff is working on 1990 and 2020 GHG emission inventories in order to refine the projectedreductions needed by 2020. After completing a comprehensive review and update process, theARB has approved a 1990 statewide GHG level and 2020 limit of 427 MMT CDE.For more information on the assembly bills and executive orders identified above, and to viewreports and research referenced above, please refer to the following websites, which areincorporated by reference:City of Ventura5-10
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