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AB-1322 California Global Warming Solutions Act of 2006: scoping plan: sustainable aviation fuels.(2021-2022)

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Date Published: 06/21/2021 09:00 PM
AB1322:v94#DOCUMENT

Amended  IN  Senate  June 21, 2021
Amended  IN  Assembly  May 04, 2021
Amended  IN  Assembly  April 19, 2021
Amended  IN  Assembly  April 05, 2021
Amended  IN  Assembly  March 22, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1322

Introduced by Assembly Member Robert Rivas
(Coauthors: Assembly Members Ting and Wicks)

February 19, 2021

An act to add Section 65014 38561.3 to the Government Health and Safety Code, relating to land use. greenhouse gases.


LEGISLATIVE COUNSEL'S DIGEST


AB 1322, as amended, Robert Rivas. Land use: local measures: conflicts. California Global Warming Solutions Act of 2006: scoping plan: sustainable aviation fuels.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act requires the state board to consult with other states, the federal government, and other nations to identify the most effective strategies and methods to reduce greenhouse gases, manage greenhouse gas control programs, and facilitate the development of integrated and cost-effective regional, national, and international greenhouse gas reduction programs.
The act also requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions to ensure that the statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit, as defined, no later than December 31, 2030. Existing law requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions and to update the scoping plan at least once every 5 years.
This bill would require the state board, as part of the next scoping plan update, to develop a plan, consistent with federal law, to use sustainable aviation fuels to reduce greenhouse gas emissions from aircrafts in the state by 40% below 1990 levels by 2030 and to achieve net-zero greenhouse gas emissions by 2045. The bill would require, no later than January 1, 2023, the state board to undertake certain actions, including consulting with designated state agencies and, if feasible, commercial airports, commercial and business airlines that operate in the state, aircraft manufacturers, sustainable aviation fuels producers and developers, and infrastructure providers to develop the plan. The bill would also require the state board, in developing the plan, to closely examine the shortfall that exists in the state greenhouse gas emissions policy framework with respect to incentives for sustainable aviation fuels and the decarbonization of the aviation sector and to seek to address the shortfall through new incentives, as provided. The bill would require the state board to include in the plan specified elements, including, but not limited to, actions that can be taken by the state to ensure that the state’s policy incentives for sustainable aviation fuels are comparable to those provided to renewable diesel and other on-road fuels, as provided.

Existing law authorizes the legislative body of any county or city to adopt ordinances that do certain things related to land use, including, but not limited to, regulating the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, and other purposes, regulating the size and use of lots, yards, courts, and other open spaces, and the intensity of land use.

This bill, among other things, would authorize a governing body, defined as a city council or board of supervisors, to commence proceedings pursuant to specified provisions, to determine whether a local measure, defined as any provision of the charter, general plan, or ordinances of the city, county, or city and county that has been approved by the electorate, is in conflict with any of the specified state laws regarding housing. The bill would provide that the governing body cannot be compelled to undertake those proceedings. The bill would also specify what procedures apply if the governing body elects to determine whether there is a conflict between a local measure and the specified housing provisions, including adopting a resolution declaring that the local measure conflicts with state law, and therefore, the city, county, or city and county does not have a duty to defend or enforce the local measure in whole or in part. The bill would provide the parameters under which an interested party could bring an action or proceeding challenging the resolution, and would provide that in that action or proceeding, neither a governing body nor its officers or employees would be required to defend, enforce, or otherwise assert the validity of the local measure.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, applies to charter cities.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) In 2015, intrastate aviation accounted for an estimated 36,000,000 metric tons (MMT) of carbon dioxide equivalent, or roughly 8.5 percent of the state’s total greenhouse gas emissions. Flights from the state’s airports are a larger contributor to global warming than all of the heavy-duty vehicles on the state’s roads.
(b) Technology and policy are driving emissions reductions in the transportation and building sectors in the state. Aviation emissions, however, will continue to grow without similar technological and policy initiatives in the aviation sector.
(c) As the state recovers from the compounding effects of both COVID-19 and wildfires, the state must support its hardest hit industries in their low-carbon recovery, recognizing that these sectors cannot return to “business as usual” when the world is expected to warm by 3 degrees and future intensified natural disasters will occur.
(d) The central pillar of the Lawrence Livermore National Laboratory’s 2020 Getting to Neutral: Options for Negative Carbon Emissions in California report is for the state to convert waste biomass, primarily from forest management activities, into advanced biofuels, including sustainable aviation fuels coupled with carbon storage to achieve 84 MMT per year of greenhouse gas emissions reductions.
(e) Climate change continues to disproportionately impact low-income communities, including those who live and work around airports. This exacerbates the detrimental impacts of COVID-19 on our most vulnerable residents.
(f) There are no plans to decarbonize the aviation sector in California’s 2017 Scoping Plan, the state’s plan to achieve its 2030 climate target to reduce statewide greenhouse gas emissions to at least 40 percent below 1990 levels, or the state’s plan to substantially advance toward its 2050 climate goal to reduce greenhouse gas emissions to 80 percent below 1990 levels.
(g) The PATHWAYS Scenarios developed for the state board in the October 2020 Achieving Carbon Neutrality in California report recognize that the greenhouse gas emissions associated with interstate and international aviation are not included in the state’s inventory, but must nonetheless be mitigated to achieve national and global greenhouse gas emissions reductions.
(h) Expanding the state’s leadership through goals and incentives beyond the current Low Carbon Fuel Standard program and investing in the state’s aviation infrastructure and in-state sustainable aviation fuels production capacity can meaningfully improve the air quality in our communities and enable the state’s green recovery.
(i) Decarbonizing aviation, which currently lacks commercial-scale electrification alternatives like the state’s transportation and building sectors, can create jobs at this critical time, harness burn piles as feedstock for sustainable aviation fuels, and boost the aviation sector’s progress towards cleaner flights.
(j) The state must plan and design aviation’s contribution to post-COVID-19 and wildfire recovery in a manner that keeps our state competitive with respect to climate change and fuels the state’s energy transition.
(k) Aviation sector investments, including investments in sustainable aviation fuels, can serve as a key waypoint in the state’s pandemic and climate emergency response planning and create a lasting legacy for the state. This leadership will ensure the state’s contributions to both national and international climate change goals under a well below 2 degrees Celsius scenario requiring net-zero carbon dioxide emissions after 2050 through dramatic reductions of greenhouse gas emissions in the aviation sector.

SEC. 2.

 Section 38561.3 is added to the Health and Safety Code, to read:

38561.3.
 As part of the next update to the scoping plan prepared pursuant to Section 38561, the state board shall develop a plan, consistent with federal law, to use sustainable aviation fuels to reduce greenhouse gas emissions from aircrafts in the state by 40 percent below 1990 levels by 2030 and to achieve net-zero greenhouse gas emissions by 2045. In developing the plan required by this section, no later than January 1, 2023, the state board shall do all of the following:
(a) Consult with the Natural Resources Agency, Department of Forestry and Fire Prevention, California Environmental Protection Agency, State Energy Resources Conservation and Development Commission, and the Governor’s Office of Business and Economic Development to develop the plan.
(b) If feasible, consult with state commercial airports, commercial and business airlines that operate in the state, aircraft manufacturers, sustainable aviation fuels producers and developers, and infrastructure providers to develop the plan.
(c) Closely examine the shortfall that exists in the state greenhouse gas emissions policy framework with respect to incentives for sustainable aviation fuels and the decarbonization of the aviation sector. The state board shall seek to address the shortfall through new incentives that yield cobenefits for the state’s residents and job-creating industries.
(d) Prioritize and expedite review of sustainable aviation fuels pathways for the Low Carbon Fuel Standard program (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations) and fully recognize carbon intensity reductions achieved through the use of woody biomass, including the mitigation of wildfire risks and avoided emissions from burn piles.
(e) Develop a methodology to quantify the climate-forcing effects of contrails and integrate that methodology into the state’s CA-GREET model.
(f) Identify in the plan all of the following:
(1) Barriers and possible solutions to achieving the greenhouse gas emissions reduction goals for the aviation sector identified in this section.
(2) Milestones toward achieving the greenhouse gas emissions reduction goals for the aviation sector identified in this section.
(3) Actions that can be taken by the state to ensure that the state’s policy incentives for sustainable aviation fuels are comparable to those provided to renewable diesel and other on-road fuels to ensure that sustainable aviation fuels production capacity is sufficiently expanded.
(4) Tools for increasing the state’s sustainable aviation fuels supply and demand, including sustainable aviation fuels infrastructure and in-state production capacity.