Legislation
Many bills were sent to the governor's desk at the close of the 2007 legislative session which
follow up on last year's AB 32, the landmark global warming bill passed last year. While the
following bills have been sent to the governor's desk, it is not known as of press time whether they
will be signed into law.
AB 35 (Ruskin), the Sustainable Building Act of 2007, would require all new
state-owned buildings, and any renovation conducted on old buildings, to meet applicable
certification standards set out in the United States Green Building Council's Leadership in Energy
and Environmental Design. Related bills were passed regarding environmentally friendly codes for
commercial construction (AB 888, Lieu) and the Department for Housing and Community Development (AB
1058, Laird).
AB 118 (Nunez) would create the Alternative and Renewable Fuel and Vehicle Fund and
the Air Quality Improvement Program. The act would appropriate $10 million annually to fund
alternative fuel and vehicle technology research, development, demonstration, and deployment in
order to advance the state's leadership in clean technologies, achieve the state's petroleum
reduction objectives and clean air and greenhouse gas emission reduction standards, develop
public-private partnerships, and ensure a secure and reliable fuel supply.
Industry
In addition to the pending legislation, the attorney
general's office has reached a pioneering agreement with ConocoPhillips, which has agreed to pay $10
million to offset greenhouse gas emissions from a planned expansion of its refinery in Contra Costa
County. It is the first time a U.S. oil company has agreed to pay a state to offset projected
emissions. The refiner agreed to pay $10 million for projects that would curb greenhouse gases in an
attempt to compensate for releasing an additional 500,000 tons of carbon dioxide a year when the
expansion at its Rodeo refinery is completed in 2009. Under the agreement, projects to offset
emissions could be changed if both parties believe the strategies, such as planting trees, are not
effective in reducing the culprit gases. The agreement was reached because of the eventual
restrictions that AB 32 would have imposed on the refiner anyway. The attorney general's office is
attempting to negotiate a similar agreement with Chevron over a proposed facility in the city of
Richmond.
California Air Resources Board
On September 6 CARB Chair
Mary Nichols unveiled six new measures to trim California's greenhouse gas emissions, as part of the
required implementation of AB 32. All told, the six measures proposed by Nichols would cut the
state's annual greenhouse gas emissions by the equivalent of 2.8 million tons of carbon dioxide.
Combined with plans adopted by the air board in June, the state will have committed to annual
reductions of about 16 million tons annually. (That total amounts to only a fraction of the 170
million-ton-a-year cut required by 2020, however.)
The proposals include a rule that would require mechanics to check and properly inflate tires
when servicing a car, something many garages already do; a requirement to make electric power
available to docked cargo ships so they can turn off their engines (ship exhaust is a source of
carbon dioxide and contributes to poor air quality in communities near ports); and a rule to make
tractor-trailers more fuel efficient by requiring proper tire inflation and aerodynamic fairings to
reduce drag. This latter rule accounts for nearly half of the emissions reductions to be
accomplished by the new proposals.
If adopted by the full CARB, the proposals would go into effect on January 1, 2010. Additional
proposals, including one requiring heat-reflecting "cool paints" on vehicles, are in the works.
National Governor's Association
The leading role that California has
played in setting its own greenhouse gas standards has been upheld in a Vermont court. A dozen
states have adopted plans to require a reduction in carbon dioxide emissions from motor vehicles and
three other states are considering similar action, but auto companies have complained that the
limits would require increases in average mile-per-gallon standards that may not be achievable.
However, in a ruling on September 12, a federal judge in Vermont said states have the authority to
regulate greenhouse gas emissions from vehicles and rejected arguments that only the federal
government could do so. Minnesota Governor Tim Pawlenty, the current chair of the National
Governor's Association, said in response that as a result, limits set by California "could be the
basis for what happens across the rest of the country. One of [the National Governors'
Association's] objectives in the coming year is to either regionally or nationally expand those
approaches...aimed at curtailing greenhouse gases," he said in an interview with the Associated
Press.