Climate Change & Planning

Transcription

1 Climate Change & Planning A White Paper Prepared by James van Hemert for the Colorado APA Legislative Committee September 29, Executive Summary and Recommendation Climate change caused by global warming may well represent the greatest environmental challenge ever faced by mankind. It requires a complete rethinking and paradigm shift in how we plan our built environments and transportation infrastructure. Mitigation and adaptation to climate change becomes the new framework for planning. The USA is not a signatory to the Kyoto Protocol, an international treaty committing nations to reduce anthropogenic sources of greenhouse gases (GHG). Many American States, however, have committed to reducing GHG in a manner consistent with the Kyoto Protocol. I recommend that APA Colorado partner with an organization advocating for a reduction in GHG. Specifically, in a manner consistent with other States, promote legislation that requires a reduction in GHG to 1990 levels by 2010 and an 80% reduction of GHG by It remains for us and our partners to discuss further specifics on how this might be achieved. 2. Background a. Why is this an issue? i. There is an international scientific consensus that global warming is substantially human induced. The resulting climatic changes mean more violent storms, rising sea levels, increased insect-borne diseases and increased drought. Animal and plant species are threatened as their ecological habitats are reduced or disappear altogether. Human populations are at risk, particularly those in poorer, coastal nations such as Bangladesh where climatic changes are expected to be dramatic and resources are limited. Higher levels of insect borne diseases also threaten global food supplies. The built environment, encompassing transportation systems, land use patterns and buildings is a primary contributor to greenhouse gas (GHG) induced climate change. 3. Statutory Reference a. How addressed in Colorado State Statutes i. Climate change is not specifically addressed b. Related legislation that have impact: i. Renewable Energy Portfolio requirements to produce or purchase:: 1. Investor owned utilities 20% of electrical generation with renewable sources of energy by Electric cooperatives, 10% renewable sources by Municipal utilities serving more than 40,000 customers, 10% renewable sources by

2 4. APA National Position a. APA s position is reflected in a publication dated April 27, 2008, Policy Guide on Planning & Climate Change 1 and is summarized below: b. Introduction i. Planning is central to any policy solution. ii. Success requires new policies and a bold new approach to planning incorporating policies to reduce climate change to mitigate (adapt to) climate change. iii. Specific impacts of climate change are highly regional and even local in nature. Planners must be aware of what the future holds for their particular geographic region and formulate strategies accordingly. iv. Core Principles are excerpted below: v. Policy findings report summarizes 18 policy findings ranging from the role of land use patterns and VMT to promotion of water conservation. vi. Planning to reduce climate change 14 policies and supporting rationale topics range from regional transportation planning to inclusive stakeholder participation and form mixed use development to local food production

3 vii. Mitigating climate change 7 policies and supporting rationale ranging from cap and trade systems to reforming zoning and development standards viii. Adapting to climate change two policies and supporting rationale focusing on disaster planning and improving community responses to post disaster redevelopment 5. Approach to climate change issue based on good planning principles a. The APA policy paper says it well, although it uses a lot of words to say it. Bottom line: we must take a bold, contextual, comprehensive, interdisciplinary and inclusive approach. b. Many specific policies may be pursued and ultimately we should decide which direction would give us the most bang for our buck. c. Consider a carrots and sticks approach. d. Consider eliminating barriers, providing incentives as well as enacting statutory requirements or goals e. Work with a partner or partners 6. State Legislation (current updates may be found at the National Conference of State Legislatures, a. California A.B. 32 (Enacted, September 2006). Effective Jan Caps California s greenhouse gas emissions at 1990 levels by 2020, and 80 % below by First mandatory, enforceable emissions cap program. Requires statewide greenhouse gas emissions reporting and monitoring to enforce compliance. Penalties for non-compliance. Authorizes the state air quality board to adopt market-based compliance mechanisms including cap-and-trade. Commentary re comprehensive plans: In the last few years, the California State Attorney has successfully challenged unsustainable development under the California Environmental Quality Act (CEQA). The CEQA mandates that state and local agencies must 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 GHG emissions. In particular, the Attorney General sued the San Bernardino County because the county failed to consider and mitigate the increase GHG emissions that would result from its proposed general plan amendment. The parties reached a settlement whereby the county agreed to adopt a GHG Emissions Reduction Plan. 2 b. Hawaii H.B. 226 (Enacted, June 2007) Must reach 1990 CO2 emissions levels by Requires reporting and verification of statewide greenhouse gas emissions to monitor and enforce compliance. Greenhouse gas emissions reduction task force will develop plan and regulatory scheme c. Minnesota SB 145 (Enacted, May 2007) Next Generation Energy Act Establishes statewide GHG reduction goals of 15 percent by 2015, 30 percent by 2025, and 80 percent by 2050 (from 2005 levels)

4 Sets mandatory annual goals and a special commission to enforce rules. Imposes Steep penalties for non-compliance. Legislature must take action within one year of commission s greenhouse gas reduction report. Otherwise a moratorium would prevent utilities from signing new contracts for coal or imported coal-fired electricity, along with new construction of coal plants. More detail: As part of the state s Next Generation Energy Initiative, in 2007 Governor Tim Pawlenty signed several key pieces of legislation, which aim to bolster investments in renewable power, 3 increase energy conservation and decrease Minnesota's contribution to global warming. For example, the 2007 Next Generation Energy Act sets statewide GHG emission reduction goals of 15% by 2015, 30% by 2025, and 80% by 2050, and charges the state s Climate Change Advisory Group with developing a comprehensive GHG emission reduction plan to meet these goals. Minnesota also enacted legislation establishing to two key energy policy goals: (1) the per capita use of fossil fuels must be reduced by 15% by the year 2015 and (2) 25% of the energy used in the state must be derived from renewable energy sources by d. New Jersey A.B (Enacted, June 2007) Department of Environmental Protection administers and develops regulations. Develops inventory of GHG emissions GHG emissions levels by 2020 and 80 percent below 2006 levels by e. Washington S.B (Enacted, May 2007) Sets goal to reduce GHG emission to 1990 levels by 2020, and to 50% below 1990 levels by Sets greenhouse gases emissions performance standard for utilities. RECENT UPDATE In March 2008, Washington Governor Christine Gregoire signed into law new legislation aimed at reducing climate change by limiting GHG emissions. A critical piece of the legislation requires the state s transportation sector to cut vehicle miles traveled 18% by This legislation was passed as part of a broader initiative to meet statewide targets adopted in 2007 to reduce the state s GHG emissions 50% by f. Maine H 1290 LD: 1851 AUTHOR: Koffman (D), enacted 6/18/2007 Establishes the Regional Greenhouse Gas Initiative Act of 2007; creates a statewide Carbon Dioxide Cap and Trade Program for fossil fuel fired electrical generating units; provides an incentive for new energy-efficient electricity; requires the Department of Environmental Protection to develop carbon dioxide cap and trade rules that ensure 3 Map of other states with renewable portfolio standards. 4 For general information on the Next Generation Energy Initiative and related legislation

5 credible greenhouse gas emissions reductions; authorizes major substantive rules regarding combined heat and power incentives; relates to a trade association aggregator. g. Rhode Island S 943 AUTHOR: Algiere (R) TITLE: Power Authority Act, enacted 6/27/07 Mandates State implementation of the Regional Greenhouse Gas Initiative, an agreement among 9 northeast states to limit emissions of greenhouse gases; establishes an electric power sector carbon emissions cap and trade program; permits the auction and sale of carbon allowances; uses revenues to promote energy conservation and alternative energy research, rate relief for consumers; provides for a permanent tax exemption from all applicable assessments made against the proceeds from the auction of allowances ADDITIONAL LEGISLATION SINCE July 24, 2007 not necessarily mandatory greenhouse gas reduction h. Illinois, Senate Bill 1242, Sponsor Holmes, Enacted Creates the Illinois Cool Cities Act. Provides that the Environmental Protection Agency shall provide technical assistance, if needed, to units of local government in the State that have endorsed the U.S. Conference of Mayors Climate Protection Agreement. Provides that any unit of local government may request designation as an Illinois Cool City if the unit of local government has (i) endorsed the U.S. Conference of Mayors Climate Protection Agreement and (ii) prepared and approved a plan to achieve a 7% reduction in greenhouse gas emissions from 1990 levels by the year Provides for designation of Illinois Cool Cities upon certain findings by the Director of the Environmental Protection Agency. i. Connecticut, HB 5600, An Act Concerning Global Warming Solutions, Enacted June 2008 The new law requires state agencies to calculate and list greenhouse gases produced in the state, come up with strategies to meet the new reduction goals and start measuring the state's progress. The new law creates mandatory global warming pollution caps and requires the state to cut emissions 10 percent below 1990 levels by 2020 and 80 percent below 2001 levels by Similar measures have been enacted in California, Hawaii, New Jersey and in Washington state. In addition to establishing a schedule by which Connecticut must reduce its greenhouse gas emissions, the new law: Requires the Department of Environmental Protection (DEP) to publish a baseline inventory of greenhouse gas emissions and to recommend actions to achieve the necessary reductions Requires the DEP to evaluate the potential of low-carbon fuel standards for motor vehicles and home heating fuels to achieve net carbon reductions Establishes a Climate Change Impacts Subcommittee to recommend to the Governor and legislature ways the state can adapt to and help mitigate global warming Authorizes DEP to work with other states and Canadian provinces to develop a cap-and-trade program to achieve greenhouse gas limits 5

6 j. Massachusetts enacted climate change legislation on August 8th, which requires an 80 percent reduction of greenhouse gases (from 1990 levels) by k. In June, Florida enacted a bill that authorizes the Department of Environmental Protection to develop a greenhouse cap-and-trade program for electric utilities. The legislature will still need to authorize the final plan before it implemented. 6