Greenhouse Gas Regulation Measures Upended
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The key legislative measures significantly increasing the state's authority to reduce greenhouse gas emissions - SB 350 (De Leon & others) and SB 32 (Pavely & others) were either stopped or modified in the closing days of this legislative session.
SB 350 was stripped of the petroleum reduction mandate after the author, Senator De Leon, and the Governor conceded that they could not obtain sufficient votes in the Assembly to pass SB 350 with the petroleum reduction provisions. The final negotiations broke down when key Assembly members insisted that important decisions be left to the Legislature, not handed to the Air Resources Board. Governor Brown rejected this legitimate retention of legislative authority. In fact, he vowed to move forward in regulatory processes with the SB 350 directives of 50% reduction of petroleum by 2030, even without SB 350 authorization.
SB 32 author Senator Fran Pavely decided not to take her measure up for a vote on the Assembly Floor, conceding she did not have the votes to move it forward. SB 32 provided CARB with an extension until 2050 to adopt more GHG regulations. An earlier trial vote on SB 32 indicated it needed 11 additional votes to gain approval, which was too steep to overcome in the final hours of the session. It is now a two-year bill, eligible to be voted on during the 2016 legislative session.
So while we congratulate our members for fighting the good fight, the battle will continue.
Key legislators made this stunning defeat possible by insisting that important decisions, such as those contained in AB 350 and SB 32, be left to the Legislature, not un-elected bureaucrats. We all need to encourage this new-found courage and sense of obligation in all our elected representatives.
The first litmus test for the Governor's vow to continue on with SB 350 goals comes later this month when CARB re-boots the Low Carbon Fuel Standard (LCFS). It will be important to note if there is a 50%-petroleum-reduction stair-step, by 2030, in the new regulatory package.
Again - sincerest thanks to all of you who participated in this pitched battle. Enjoy the moment, gird for the future members.
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