Global Warming

California Environmental Quality Act

That's Cool!

On March 25, 2009, the Sonoma County Energy Independence Program (SCEIP) was made available to county residents and building owners. Using financing made available by AB 811, which provides loans to the county, the SCEIP makes energy improvements to buildings possible without any up front costs to the owner. Instead, the cost is added to the property tax bill and is payable over the duration of several years. Nearly $21.5 million in applications have been made and over $8.5 million have been funded as of October 1. With more than $80 million in funding remaining, the SCEIP is making energy improvements affordable and creating new jobs, a major bonus in these difficult economic times. For more information, visit http://www.sonomacountyenergy.org/.

The California Environmental Quality Act (CEQA), signed into law by Governor Reagan in 1970, requires that state and local agencies disclose and evaluate the significant environmental impacts of proposed projects, and adopt all feasible measures to mitigate those impacts. This includes cumulatively significant impacts such as increased greenhouse gas emissions. A copy of every complaint filed under CEQA must be provided to the Attorney General.

The California Attorney General has filed numerous comment letters with agencies whose analysis under CEQA failed to properly analyze or mitigate a project's potential significant environmental impacts. In 2007, after sending a comment letter, the Attorney General sued San Bernardino County based on its failure to analyze increased greenhouse gas emissions that would result from the county’s proposed general plan amendment. See a copy of the complaint. PDF logo [PDF 2.5 mb / 15 pg] That case resulted in a settlement agreement PDF logo [PDF 354 kb / 66 pg] in which the county agreed to adopt a Greenhouse Gas Emissions Reduction Plan. In August, 2009, the Attorney General sued the City of Pleasanton over its failure to analyze and mitigate greenhouse gas emissions that will result from the City's update to its general plan. See a copy of the complaint. PDF logo [PDF 82 kb / 14 pg]The Attorney General also has sued Pleasanton for its failure to meet its fair share of regional housing needs as required by state law. See Housing Law. (The CEQA case has been stayed pending the resolution of the housing law litigation.) In other instances, the Attorney General has reached agreements with local agencies and private entities without having to file litigation:

As part of our efforts to work with agencies as they confront the challenge of addressing global warming in their CEQA documents, we have prepared a Fact Sheet listing various mitigation measures PDF logo [PDF 267 kb / 22 pg] that local agencies may consider to offset or reduce global warming impacts. There are also many other helpful resources that set forth potential mitigation, including the Governor's Office of Planning and Research's Technical Advisory (June 2008) and the California Air Pollution Control Officers Association's white paper, CEQA and Climate Change (January 2008). In addition, there are a number of modeling tools that can assist in estimating greenhouse gas emissions reductions and other benefits associated with project design features and mitigation measures. Many of these tools are listed in OPR's Technical Advisory and in CAPCOA's white paper. These lists are not, however, exhaustive. New tools, including integrated models that can make predictions about complex systems, are emerging. We fully expect that as better models develop, agencies will employ them to make better, more informed decisions.

There is a growing recognition of the importance of addressing climate change at the programmatic level. For local governments, general plan updates provide many opportunities, including the possibility of CEQA streamlining and new funding. See CEQA, Global Warming and General Plans.

In April 2008, the Attorney General filed an amicus curiae brief in the California Supreme Court, supporting the South Coast Air Quality Management District in a case it has brought against the California Public Utilities Commission (CPUC), challenging a decision by the CPUC to allow the importation and use of very hot-burning liquid natural gas (LNG) in California. The CPUC claims that its decision to allow the use of LNG did not trigger its obligation under CEQA to consider the potential environmental impacts of its decision. But in the South Coast District's expert opinion, the hot-burning LNG will cause greater air pollution. The CPUC therefore was required to do an EIR before approving its use. Read a copy of the brief. PDF logo [PDF 185 kb / 50 pg]