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GHG Analysis Part 2: Diving Deep into CEQA GHG Practice, Circa 2019

GHG Analysis Part 2: Diving Deep into CEQA GHG Practice, Circa 2019. 2019 California AEP State Conference Tuesday, March 26, 2019. Presenters. Jeannie Lee, JD, AICP, Chief Counsel Governor’s Office of Planning and Research David Vintze, Air Quality Planning Manager

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GHG Analysis Part 2: Diving Deep into CEQA GHG Practice, Circa 2019

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  1. GHG Analysis Part 2:Diving Deep into CEQA GHG Practice, Circa 2019 2019 California AEP State Conference Tuesday, March 26, 2019

  2. Presenters Jeannie Lee, JD, AICP, Chief Counsel Governor’s Office of Planning and Research David Vintze, Air Quality Planning Manager Bay Area Air Quality Management District Christopher Jordan, AICP,Director of the Office of Strategic Planning and Innovation City of Elk Grove Erik de Kok, AICP, Senior Planner/Project Manager Ascent Environmental Hannah Kornfeld, AICP, Air Quality and Climate Change Specialist Ascent Environmental Diving Deep into CEQA GHG Practice, Circa 2019

  3. Session Agenda • CEQA Guidelines update and recommendations • BAAQMD’s new GHG thresholds and methodologies • Local Climate Action Planning • Per capita methodology • Reduction measures • Post-2030 • CEQA Streamlining for CAPs • Challenges for local agencies • Scope of GHG analysis • Discussion Diving Deep into CEQA GHG Practice, Circa 2019

  4. OPR’s CEQA Guidelines Update Jeannie Lee, JD, AICP, Chief Counsel Governor’s Office of Planning and Research

  5. GHG Emissions – CEQA Guidelines section 15064.4 • Guidelines § 15064.4(a): • Lead agency “shall” make a good faith effort to describe, calculate or estimate GHGs • Guidelines § 15064.4(b): • When determining significance, the focus should be on the project’s “reasonably foreseeable incremental contribution” to the effects of climate change • Project’s contribution may be significant even if it seems small compared to statewide, national, or global emissions • Analysis should consider a project-appropriate time frame • Analysis must reflect evolving scientific knowledge and state regulatory schemes (SANDAG) Diving Deep into CEQA GHG Practice, Circa 2019

  6. CEQA Guidelines section 15064.4 (cont’d) • Guidelines § 15064.4(b)(3): • When determining impact significance, the lead agency should consider certain factors, including, among others, the project’s compliance with regulations or requirements adopted to implement GHG mitigation or reduction plans • Added a reference to GHG reduction plans discussed in Guidelines § 15183.5(b) • Agency may consider consistency with State’s long-term climate goals and strategies, provided substantial evidence supports how the goals and strategies address the incremental contribution to climate change (Newhall) Diving Deep into CEQA GHG Practice, Circa 2019

  7. OPR’s Draft CEQA and Climate Change Advisory (12/2018) • Updates the 2008 CEQA and Climate Change Advisory; includes regulatory changes made since 2008 • Largely focuses on project-level analysis of greenhouse gas impacts • Intended to address common issues and topics that arise in greenhouse gas emissions analyses under CEQA, but not intended to address every single issue and topic • Acknowledges the GHG reduction targets • Legislative GHG Targets • AB 32 – 1990 emissions by 2020 • SB 32 – 40% below 1990 emission by 2030 • Executive Orders • S-03-05: 1990 emissions by 2020 / 80% below 1990 by 2050 • B-55-18: carbon neutral by 2045 • Court decisions refer to reductions needed based on science Diving Deep into CEQA GHG Practice, Circa 2019

  8. OPR’s Draft CEQA and Climate Change Advisory (cont.) • Discusses current state of practice for CEQA and climate change and key messages of court cases on greenhouse gas analysis and CEQA • Provides separate discussions of: • Methodology and identification of greenhouse gas emissions • Determining significance, including potential thresholds: • Based on efficiency • Compliance with State goals and percentage reduction from BAU emissions • Consistency with relevant regulations, plans, policies, and regulatory programs • Quantitative threshold • Mitigation • Considerations for the loading order of mitigation • Appendix B: potential streamlining of greenhouse gas emissions analysis for transportation-efficient projects and projects that reduce vehicle miles traveled Diving Deep into CEQA GHG Practice, Circa 2019

  9. BAAQMD’s GHG Thresholds & Methodology David Vintze, Air Quality Planning Manager Bay Area Air Quality Management District

  10. 15064.4 – Determining the Significance of GHG Emissions • (a)(1) Quantify greenhouse gas emissions resulting from a project • (a)(2) Rely on a qualitative analysis or performance based standards • (b)(3) The extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of greenhouse gas emissions (see, e.g., section 15183.5(b))…..In determining the significance of impacts, the lead agency may consider a project’s consistency with the State’s long-term climate goals or strategies, provided that substantial evidence supports the agency’s analysis of how those goals or strategies address the project’s incremental contribution to climate change and its conclusion that the project’s incremental contribution is not cumulatively considerable. Diving Deep into CEQA GHG Practice, Circa 2019

  11. State Climate Goals • EO S-03-05 (Climate Stabilization) • 80% below 1990 levels by 2050 • AB 32 (Benchmark) • 1990 levels by 2020 • SB 32 (Benchmark) • 40% below 1990 levels by 2030 • State Vision to Achieve 2050 Goal • Meet 2020 and 2030 (Benchmark) Targets • Zero Net Carbon Buildings • Market-wide transition to electric drive vehicles • Carbon free energy Diving Deep into CEQA GHG Practice, Circa 2019

  12. Consistency with 2017 Scoping Plan Diving Deep into CEQA GHG Practice, Circa 2019

  13. The 2017 Scoping Plan Scenario Pathways Modeling Demonstrates the Scoping Plan Scenario Meets 2030 Targets • SB 350 • Mobile Source Strategy • SB 1383 • Sustainable Freight Action Plan • Low Carbon Fuel Standard • Post 2020 Cap and Trade Diving Deep into CEQA GHG Practice, Circa 2019

  14. SB 350 Related Performance Measures • 50% Renewable Portfolio Standard by 2030 • Local government support for locating solar, wind, biomass, geothermal and other renewable resources within their community • Double Energy Efficiency in Natural Gas and Electricity End Uses by 2030 • Require all new or modified buildings meet CALGreen Tier II standards • Require third party Certification (e.g., LEED) • Prohibit the use of fossil natural gas • Increase access to renewable energy generation, energy efficiency/weatherization upgrades for low income and disproportionally impacted communities (offsite mitigation) Diving Deep into CEQA GHG Practice, Circa 2019

  15. Mobile Source Strategy Related Performance Measures • Reductions in Vehicles Miles Traveled • Project must be consistent with the SCS • Project must be consistent with SB 743 VMT reduction target • Increased use of Renewable (Diesel) Fuel • On-road trucks • Off-road equipment • Installation of Electric Vehicle Charging Infrastructure • Light duty vehicles • Heavy duty vehicles Diving Deep into CEQA GHG Practice, Circa 2019

  16. SB 1383 Related Performance Measures • Reduce Methane at Landfills • Require organic waste separation from waste stream • Require edible food recovery • Require the use of biogas • Reduce Anthropogenic Black Carbon • Prohibit use of woodburning fireplaces, stoves and outdoor fire pits • Reduce High Global Warming Potential Gases • Require the use of low – GWP gases in all refrigeration units Diving Deep into CEQA GHG Practice, Circa 2019

  17. Sustainable Freight Related Performance Measures • Improve freight system efficiency • Protect freight corridors from incompatible land uses • Protect freight corridors from increased congestion • Require the use of the newest technologies available for freight movement • Deploy zero and near-zero emission freight vehicles and equipment • Require the lowest emission equipment available • Require the use renewable (diesel) fuel • Require freight sector projects to install electric truck/equipment charging infrastructure • Require alternative energy production at major freight facilities Diving Deep into CEQA GHG Practice, Circa 2019

  18. Thank You Dave Vintze 415-636-0187 dvintze@baaqmd.gov dvintze@gmail.com

  19. City of Elk Grove Climate Action Plan Update Christopher Jordan, AICP, Director of the Office of Strategic Planning and Innovation City of Elk Grove

  20. Elk Grove General Plan Update • Updates to the land use map within the existing City • Changes in roadway sizing • Study Areas outside the City Diving Deep into CEQA GHG Practice, Circa 2019

  21. Planned Growth Diving Deep into CEQA GHG Practice, Circa 2019

  22. Legislative-Adjusted Business-As-Usual Forecasts (MTCO2e/year) Diving Deep into CEQA GHG Practice, Circa 2019

  23. CARB 2017 Scoping Plan – New Guidance for Plan-Level Targets • 6 MTCO2e per capita = Statewide 2030 target • Includes all emissions in State inventory • Statewide growth forecasts • CARB guidance for local 2030 planning targets: • Local targets must be: • Evidence-based • Based on local emissions sectors • Based on local population projections • Consistent with framework used to develop the statewide per capita targets • Resulting emissions trajectory should show a downward trend consistent with statewide objectives Diving Deep into CEQA GHG Practice, Circa 2019

  24. Identifying Local Emissions Sectors Diving Deep into CEQA GHG Practice, Circa 2019

  25. Converting to Per Capita Emissions Diving Deep into CEQA GHG Practice, Circa 2019

  26. CAP Measures • Three Overarching Strategies: • Innovative and Efficient Built Environment (BE) • Resource Conservation (RC) • Transportation Alternatives and Congestion Management (TACM) Diving Deep into CEQA GHG Practice, Circa 2019

  27. Measures Added by City Council • Electric Vehicle charging requirements • Pre-wire in single family • Chargers required in multifamily, retail, office, and industrial • Photovoltaic-ready commercial construction • Minimum 25k square feet • Either on building or freestanding • Study feasibility of requiring all electric development (over next 10 years) Diving Deep into CEQA GHG Practice, Circa 2019

  28. GHG Reductions • Can achieve 2020 and 2030 targets • 2050 target not achievable • 30+ years in the future • What technology and legislative efforts will occur? • Growth rate? • Calculations are based on best-available data • Found impacts Significant and Unavoidable Diving Deep into CEQA GHG Practice, Circa 2019

  29. Climate Action Plans: CEQA Compliance and Streamlining Tool Erik de Kok, AICP, Senior Planner/Project Manager Ascent Environmental

  30. Tiering and Streamlining of GHG Analysis • CEQA Guidelines Section 15183.5 – project GHG analysis streamlined if project determined consistent with a “qualified” GHG reduction plan • Key incentive for many local agencies in developing a Climate Action Plan (CAP), or integrated CAP/GHG reduction plan with other plans • Recent challenges or disagreements about the purpose and intent of 15183.5 provisions may create liabilities for agencies seeking to adopt CAP • How to avoid some of the pitfalls? Diving Deep into CEQA GHG Practice, Circa 2019

  31. 1. Clarify the plan’s consistency with “Plan Elements” • Demonstrate clearly in your plan how each of the components are related to the “Plan Elements” under 15183.5(b)(1) -- • Baseline GHG Emissions Inventory • GHG Emissions Forecasts (BAU and BAU + Legislative Reductions) • GHG Reduction Targets (2030) and Goals (2050) • GHG Reduction Measures • Implementation, Monitoring, Reporting, and Update Procedures Diving Deep into CEQA GHG Practice, Circa 2019

  32. 2. Specific and enforceable GHG measures • To enable project-level tiering and streamlining, applicable measures should be as specific and enforceable as possible. • Performance standards are helpful. Better even = implementation via ordinance • Not all GHG reduction measures in a CAP will be applicable to new development • Section 15183.5(b)(2) only requires that a project demonstrate consistency with “applicable measures”. • Project must incorporate measures into project design, or as mitigation measures in project level document (not enough just to show consistency via a checklist) Diving Deep into CEQA GHG Practice, Circa 2019

  33. 3. Project-level review for CAP consistency • Establish clear and consistent procedures for evaluating project-level consistency with CAP or other GHG reduction plan • Avoid deferring procedures until after CAP adopted. Specify as part of CAP implementation and monitoring, wherever possible. • Make sure clear nexus between GHG measures in CAP and project-level evaluation criteria. • How much flexibility? What happens when GHG measures don’t fit the project? • Can I tier off the CAP or other plan if my project is not consistent with General Plan land use, zoning, growth forecast, or other assumptions that feed the CAP? Diving Deep into CEQA GHG Practice, Circa 2019

  34. 4. Scope of GHGs analyzed in a qualified CAP • Section 15183.5(1)(A) – “activities within a defined geographic area” • Production- and activity-based emissions (consistent with State guidance and established protocols): • OPR 2017 General Plan Guidelines • CARB 2017 Scoping Plan • ICLEI U.S. Community Protocol • Local Government Operations Protocol • Focus on 2030 target, and achieving substantial post-2030 progress on 2050 long-term goal trajectory. • Monitor and report on CAP progress frequently. • Commit to update CAP when new interim State targets and updated Scoping Plan get adopted (e.g., 2040 or 2045) Diving Deep into CEQA GHG Practice, Circa 2019

  35. Questions? Thank you!

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