SlideShare une entreprise Scribd logo
1  sur  4
Télécharger pour lire hors ligne
http://www.mercurynews.com/science/ci_20348096/windfall-cash-could-hit-state-treasury-from-
global?source=rss

Windfall of cash could hit state treasury from global warming program

By Paul Rogers

progers@mercurynews.com
Posted: 04/07/2012 03:03:39 PM PDT
Updated: 04/08/2012 04:26:39 AM PDT

For the past 10 years, California has struggled with huge budget deficits and wrenching
cuts. Suddenly, however, the state is poised to raise billions from an unusual new source:
the proceeds from its landmark global warming law.

The windfall could come as soon as this fall, when state officials are set to begin
auctioning off pollution credits to oil refineries, power plants and other major polluters as
part of a new "cap-and-trade" system.

The amounts are potentially enormous: from $1 billion to $3 billion a year in 2012 and
2013, jumping to as high as $14 billion a year by 2015, according to the nonpartisan
state Legislative Analyst's Office. By comparison, the state's current budget deficit is $9
billion.

But like thirsty castaways on an island surrounded by ocean water they can't drink, Gov.
Jerry Brown and state legislators face strict constraints on how they can spend the
money. More than 30 years of court rulings and ballot measures -- dating to Proposition
13 in 1978 -- limit its use, probably only to projects that reduce greenhouse gas
emissions.

To add another hurdle, major business groups are preparing lawsuits, arguing that the
state cannot collect the money at all.

Still, Brown and others in the Capitol are cautiously making plans. On Monday, the
state's High-Speed Rail Authority slipped into a news release that the money would be
used as "a backstop" that could save the struggling bullet-train project.

And in a follow-up interview with this newspaper, Dan Richard, chairman of the rail
authority, asserted that a large portion of the money could go to fund high-speed rail.

Everyone from environmentalists to utility companies are jostling for ways to spend the
money. The wish lists include renewable energy projects, bus systems and forest
restoration.

"This is a moment of significant historic importance," said V. John White, director of the
nonprofit Center for Energy Efficiency and Renewable Technology in Sacramento. "But
we need to be careful about how we spend it until we know for sure that it is going to
be there."
Business and taxpayer groups contend that the state has no right to auction off the
permits. They argue that AB 32, the state's global-warming law signed by Gov. Arnold
Schwarzenegger in 2006, does not specifically authorize auctions and that permits to
pollute must be handed out free. They say if the state wants to charge money for the
permits, it will need a two-thirds vote of the Legislature -- a political impossibility
because Republicans oppose the law and raising any new fees or taxes.

"This wasn't intended. It wasn't discussed," said Dorothy Rothrock, vice president of the
California




Manufacturers and Technology Association. "It's outrageous and probably illegal."

However, some legal experts say the state stands a good chance of winning in court.
They note that AB 32 requires the California Air Resources Board to reduce emissions
that contribute to global warming by using "market mechanisms" -- and that auctions
are a common market tool used in places such as Europe and the Northeast with cap-
and-trade programs.

"I think the most fair reading of AB 32 is that it did allow the Air Resources Board to
create market mechanisms that do include an auction," said attorney Cara Horowitz
with UCLA's School of Law. "The Legislature gave the Air Resources Board very broad
authority."

Even if the state wins a lawsuit, expected to be filed this summer, it almost certainly
cannot spend the new billions on schools, roads, health care or other needs.

That's because of a 15-year-old state Supreme Court ruling involving paint. In 1991, Gov.
Pete Wilson signed a law placing a fee on companies that made lead paint. The
money was used to fund programs reducing lead poisoning in children.

Sinclair Paint sued, arguing that Proposition 13 required a two-thirds vote in the
Legislature to approve such fees. But the state's high court ruled that California can
charge industries with fees as long as the money is used to offset the health or
environmental effects of the industry's behavior.

The Brown administration argues that spending the global-warming money on bullet
trains complies with the ruling because the trains would cut pollution by reducing car
and airplane trips.

"These funds are being raised for reducing greenhouse gases and cannot be spent
outside of that purpose," said H.D. Palmer, a spokesman for the state Finance
Department. "It's like the way you can't spend money from school bonds to build
highways."

A similar program in 10 Northeastern states raised $912 million from industry auctions
from 2008 to 2011. The most common way the states used the proceeds was to fund
programs to help provide insulation, new windows, efficient appliances and lighting to
homes and businesses.

Brown's budget for the fiscal year beginning July 1 includes $1 billion from cap-and-
trade auction revenues, but doesn't specify exactly how they would be used.

The first phase of the bullet-train project, from Merced to Los Angeles, is estimated to
cost $32 billion. But the state now has just $12 billion from state bonds and federal
grants. Richard, the rail authority's chairman, said the global-warming funds could
potentially make up $10 billion or more. "If it's an insurance policy, it needs to be able to
insure the whole thing, and I think it does," he said.

The project's critics are fuming that it might be saved by AB 32. "It's the perfect melding
between two boondoggles," said Jon Coupal, president of the Howard Jarvis Taxpayers
Association.

Critics also argue that the global-warming fees will be passed on to consumers, raising
gasoline prices and utility bills. But AB 32 supporters note that the law has broad public
support: Voters defeated a ballot attempt in 2010 by oil companies to block it.

Environmentalists also point out that cap-and-trade was originally a Republican idea,
originated by business interests and first put into law by President George H.W. Bush in
1990, when it was used to offer incentives to industry to reduce emissions that cause
acid rain.

Since then, those emissions have been cut by 65 percent.

"Our goal for the new revenue is to speed and encourage California's transition to
cleaner sources of energy," said Alex Jackson, an attorney with the Natural Resources
Defense Council. "There's a lot of things that could fit that mold."

IN THE BUDGET

$1B
Amount of revenue from the auction of pollution credits that Gov. Jerry Brown included
in his 2012 budget.

The problem: Critics argue that the government isn't allowed to sell the credits. And the
money may be restricted to use on environmental issues.
HOW CAP-AND-TRADE WORKS » PAGE A8

Contenu connexe

Plus de KernTax

KernTax Fall Conference/Golf Day, October 29, 2014
KernTax Fall Conference/Golf Day, October 29, 2014KernTax Fall Conference/Golf Day, October 29, 2014
KernTax Fall Conference/Golf Day, October 29, 2014KernTax
 
KernTax Voter Guide, November 4, 2014
KernTax Voter Guide, November 4, 2014KernTax Voter Guide, November 4, 2014
KernTax Voter Guide, November 4, 2014KernTax
 
Annual Economic Costs of Rapid Curtailment of Groundwater Pumping in Kern Cou...
Annual Economic Costs of Rapid Curtailment of Groundwater Pumping in Kern Cou...Annual Economic Costs of Rapid Curtailment of Groundwater Pumping in Kern Cou...
Annual Economic Costs of Rapid Curtailment of Groundwater Pumping in Kern Cou...KernTax
 
San Joaquin Valley Business Indicators January 2013
San Joaquin Valley Business Indicators January 2013San Joaquin Valley Business Indicators January 2013
San Joaquin Valley Business Indicators January 2013KernTax
 
SJV Economic Indicators December 2012
SJV Economic Indicators December 2012SJV Economic Indicators December 2012
SJV Economic Indicators December 2012KernTax
 
Ca independent expenditures 2000 2012
Ca independent expenditures 2000 2012Ca independent expenditures 2000 2012
Ca independent expenditures 2000 2012KernTax
 
Ca's 20 largest ballot measure contributors 2000 2012
Ca's 20 largest ballot measure contributors 2000 2012Ca's 20 largest ballot measure contributors 2000 2012
Ca's 20 largest ballot measure contributors 2000 2012KernTax
 
SJV Economic Indicators November 2012
SJV Economic Indicators November 2012SJV Economic Indicators November 2012
SJV Economic Indicators November 2012KernTax
 
SJV Economic Indicators October 2012
SJV Economic Indicators October 2012SJV Economic Indicators October 2012
SJV Economic Indicators October 2012KernTax
 
KCCD Presentation KCTA 121018
KCCD Presentation KCTA 121018KCCD Presentation KCTA 121018
KCCD Presentation KCTA 121018KernTax
 
California's high speed rail realities briefly assessing the project's constr...
California's high speed rail realities briefly assessing the project's constr...California's high speed rail realities briefly assessing the project's constr...
California's high speed rail realities briefly assessing the project's constr...KernTax
 
Shifting prisoners and costs to counties 121002
Shifting prisoners and costs to counties    121002Shifting prisoners and costs to counties    121002
Shifting prisoners and costs to counties 121002KernTax
 
SJV Economic Indicators September 2012
SJV Economic Indicators September 2012SJV Economic Indicators September 2012
SJV Economic Indicators September 2012KernTax
 
Lte no on 29 120509
Lte no on 29 120509Lte no on 29 120509
Lte no on 29 120509KernTax
 
Support of ab 1755 (perea)
Support of ab 1755 (perea)Support of ab 1755 (perea)
Support of ab 1755 (perea)KernTax
 
California Forward Blog 111110
California Forward Blog  111110California Forward Blog  111110
California Forward Blog 111110KernTax
 
SJV Economic Study , a KernTax whitepaper 110710
SJV Economic Study , a KernTax whitepaper 110710SJV Economic Study , a KernTax whitepaper 110710
SJV Economic Study , a KernTax whitepaper 110710KernTax
 
Kern tax budget hearing comments 110815
Kern tax budget hearing comments 110815Kern tax budget hearing comments 110815
Kern tax budget hearing comments 110815KernTax
 
Sobering report 110625
Sobering report 110625Sobering report 110625
Sobering report 110625KernTax
 
Ssrn id18623551 (2)
Ssrn id18623551 (2)Ssrn id18623551 (2)
Ssrn id18623551 (2)KernTax
 

Plus de KernTax (20)

KernTax Fall Conference/Golf Day, October 29, 2014
KernTax Fall Conference/Golf Day, October 29, 2014KernTax Fall Conference/Golf Day, October 29, 2014
KernTax Fall Conference/Golf Day, October 29, 2014
 
KernTax Voter Guide, November 4, 2014
KernTax Voter Guide, November 4, 2014KernTax Voter Guide, November 4, 2014
KernTax Voter Guide, November 4, 2014
 
Annual Economic Costs of Rapid Curtailment of Groundwater Pumping in Kern Cou...
Annual Economic Costs of Rapid Curtailment of Groundwater Pumping in Kern Cou...Annual Economic Costs of Rapid Curtailment of Groundwater Pumping in Kern Cou...
Annual Economic Costs of Rapid Curtailment of Groundwater Pumping in Kern Cou...
 
San Joaquin Valley Business Indicators January 2013
San Joaquin Valley Business Indicators January 2013San Joaquin Valley Business Indicators January 2013
San Joaquin Valley Business Indicators January 2013
 
SJV Economic Indicators December 2012
SJV Economic Indicators December 2012SJV Economic Indicators December 2012
SJV Economic Indicators December 2012
 
Ca independent expenditures 2000 2012
Ca independent expenditures 2000 2012Ca independent expenditures 2000 2012
Ca independent expenditures 2000 2012
 
Ca's 20 largest ballot measure contributors 2000 2012
Ca's 20 largest ballot measure contributors 2000 2012Ca's 20 largest ballot measure contributors 2000 2012
Ca's 20 largest ballot measure contributors 2000 2012
 
SJV Economic Indicators November 2012
SJV Economic Indicators November 2012SJV Economic Indicators November 2012
SJV Economic Indicators November 2012
 
SJV Economic Indicators October 2012
SJV Economic Indicators October 2012SJV Economic Indicators October 2012
SJV Economic Indicators October 2012
 
KCCD Presentation KCTA 121018
KCCD Presentation KCTA 121018KCCD Presentation KCTA 121018
KCCD Presentation KCTA 121018
 
California's high speed rail realities briefly assessing the project's constr...
California's high speed rail realities briefly assessing the project's constr...California's high speed rail realities briefly assessing the project's constr...
California's high speed rail realities briefly assessing the project's constr...
 
Shifting prisoners and costs to counties 121002
Shifting prisoners and costs to counties    121002Shifting prisoners and costs to counties    121002
Shifting prisoners and costs to counties 121002
 
SJV Economic Indicators September 2012
SJV Economic Indicators September 2012SJV Economic Indicators September 2012
SJV Economic Indicators September 2012
 
Lte no on 29 120509
Lte no on 29 120509Lte no on 29 120509
Lte no on 29 120509
 
Support of ab 1755 (perea)
Support of ab 1755 (perea)Support of ab 1755 (perea)
Support of ab 1755 (perea)
 
California Forward Blog 111110
California Forward Blog  111110California Forward Blog  111110
California Forward Blog 111110
 
SJV Economic Study , a KernTax whitepaper 110710
SJV Economic Study , a KernTax whitepaper 110710SJV Economic Study , a KernTax whitepaper 110710
SJV Economic Study , a KernTax whitepaper 110710
 
Kern tax budget hearing comments 110815
Kern tax budget hearing comments 110815Kern tax budget hearing comments 110815
Kern tax budget hearing comments 110815
 
Sobering report 110625
Sobering report 110625Sobering report 110625
Sobering report 110625
 
Ssrn id18623551 (2)
Ssrn id18623551 (2)Ssrn id18623551 (2)
Ssrn id18623551 (2)
 

Dernier

Por estos dos motivos, defensa de JOH solicita repetir juicio
Por estos dos motivos, defensa de JOH solicita repetir juicioPor estos dos motivos, defensa de JOH solicita repetir juicio
Por estos dos motivos, defensa de JOH solicita repetir juicioAlexisTorres963861
 
Ministry of Justice Extradition Eswatini 3.pdf
Ministry of Justice Extradition Eswatini 3.pdfMinistry of Justice Extradition Eswatini 3.pdf
Ministry of Justice Extradition Eswatini 3.pdfSABC News
 
Green Aesthetic Ripped Paper Thesis Defense Presentation_20240311_111012_0000...
Green Aesthetic Ripped Paper Thesis Defense Presentation_20240311_111012_0000...Green Aesthetic Ripped Paper Thesis Defense Presentation_20240311_111012_0000...
Green Aesthetic Ripped Paper Thesis Defense Presentation_20240311_111012_0000...virgfern3011
 
Light Rail in Canberra: Too much, too little, too late: Is the price worth th...
Light Rail in Canberra: Too much, too little, too late: Is the price worth th...Light Rail in Canberra: Too much, too little, too late: Is the price worth th...
Light Rail in Canberra: Too much, too little, too late: Is the price worth th...University of Canberra
 
One India vs United India by Dream Tamilnadu
One India vs United India by Dream TamilnaduOne India vs United India by Dream Tamilnadu
One India vs United India by Dream TamilnaduDreamTamilnadu
 
Européennes 2024 : projection du Parlement européen à trois mois du scrutin
Européennes 2024 : projection du Parlement européen à trois mois du scrutinEuropéennes 2024 : projection du Parlement européen à trois mois du scrutin
Européennes 2024 : projection du Parlement européen à trois mois du scrutinIpsos France
 
Another Day, Another Default Judgment Against Gabe Whitley
Another Day, Another Default Judgment Against Gabe WhitleyAnother Day, Another Default Judgment Against Gabe Whitley
Another Day, Another Default Judgment Against Gabe WhitleyAbdul-Hakim Shabazz
 
Anantkumar Hegde
Anantkumar Hegde  Anantkumar Hegde
Anantkumar Hegde NewsFeed1
 
19032024_First India Newspaper Jaipur.pdf
19032024_First India Newspaper Jaipur.pdf19032024_First India Newspaper Jaipur.pdf
19032024_First India Newspaper Jaipur.pdfFIRST INDIA
 

Dernier (9)

Por estos dos motivos, defensa de JOH solicita repetir juicio
Por estos dos motivos, defensa de JOH solicita repetir juicioPor estos dos motivos, defensa de JOH solicita repetir juicio
Por estos dos motivos, defensa de JOH solicita repetir juicio
 
Ministry of Justice Extradition Eswatini 3.pdf
Ministry of Justice Extradition Eswatini 3.pdfMinistry of Justice Extradition Eswatini 3.pdf
Ministry of Justice Extradition Eswatini 3.pdf
 
Green Aesthetic Ripped Paper Thesis Defense Presentation_20240311_111012_0000...
Green Aesthetic Ripped Paper Thesis Defense Presentation_20240311_111012_0000...Green Aesthetic Ripped Paper Thesis Defense Presentation_20240311_111012_0000...
Green Aesthetic Ripped Paper Thesis Defense Presentation_20240311_111012_0000...
 
Light Rail in Canberra: Too much, too little, too late: Is the price worth th...
Light Rail in Canberra: Too much, too little, too late: Is the price worth th...Light Rail in Canberra: Too much, too little, too late: Is the price worth th...
Light Rail in Canberra: Too much, too little, too late: Is the price worth th...
 
One India vs United India by Dream Tamilnadu
One India vs United India by Dream TamilnaduOne India vs United India by Dream Tamilnadu
One India vs United India by Dream Tamilnadu
 
Européennes 2024 : projection du Parlement européen à trois mois du scrutin
Européennes 2024 : projection du Parlement européen à trois mois du scrutinEuropéennes 2024 : projection du Parlement européen à trois mois du scrutin
Européennes 2024 : projection du Parlement européen à trois mois du scrutin
 
Another Day, Another Default Judgment Against Gabe Whitley
Another Day, Another Default Judgment Against Gabe WhitleyAnother Day, Another Default Judgment Against Gabe Whitley
Another Day, Another Default Judgment Against Gabe Whitley
 
Anantkumar Hegde
Anantkumar Hegde  Anantkumar Hegde
Anantkumar Hegde
 
19032024_First India Newspaper Jaipur.pdf
19032024_First India Newspaper Jaipur.pdf19032024_First India Newspaper Jaipur.pdf
19032024_First India Newspaper Jaipur.pdf
 

Cap and trade 120408

  • 1. http://www.mercurynews.com/science/ci_20348096/windfall-cash-could-hit-state-treasury-from- global?source=rss Windfall of cash could hit state treasury from global warming program By Paul Rogers progers@mercurynews.com Posted: 04/07/2012 03:03:39 PM PDT Updated: 04/08/2012 04:26:39 AM PDT For the past 10 years, California has struggled with huge budget deficits and wrenching cuts. Suddenly, however, the state is poised to raise billions from an unusual new source: the proceeds from its landmark global warming law. The windfall could come as soon as this fall, when state officials are set to begin auctioning off pollution credits to oil refineries, power plants and other major polluters as part of a new "cap-and-trade" system. The amounts are potentially enormous: from $1 billion to $3 billion a year in 2012 and 2013, jumping to as high as $14 billion a year by 2015, according to the nonpartisan state Legislative Analyst's Office. By comparison, the state's current budget deficit is $9 billion. But like thirsty castaways on an island surrounded by ocean water they can't drink, Gov. Jerry Brown and state legislators face strict constraints on how they can spend the money. More than 30 years of court rulings and ballot measures -- dating to Proposition 13 in 1978 -- limit its use, probably only to projects that reduce greenhouse gas emissions. To add another hurdle, major business groups are preparing lawsuits, arguing that the state cannot collect the money at all. Still, Brown and others in the Capitol are cautiously making plans. On Monday, the state's High-Speed Rail Authority slipped into a news release that the money would be used as "a backstop" that could save the struggling bullet-train project. And in a follow-up interview with this newspaper, Dan Richard, chairman of the rail authority, asserted that a large portion of the money could go to fund high-speed rail. Everyone from environmentalists to utility companies are jostling for ways to spend the money. The wish lists include renewable energy projects, bus systems and forest restoration. "This is a moment of significant historic importance," said V. John White, director of the nonprofit Center for Energy Efficiency and Renewable Technology in Sacramento. "But we need to be careful about how we spend it until we know for sure that it is going to be there."
  • 2. Business and taxpayer groups contend that the state has no right to auction off the permits. They argue that AB 32, the state's global-warming law signed by Gov. Arnold Schwarzenegger in 2006, does not specifically authorize auctions and that permits to pollute must be handed out free. They say if the state wants to charge money for the permits, it will need a two-thirds vote of the Legislature -- a political impossibility because Republicans oppose the law and raising any new fees or taxes. "This wasn't intended. It wasn't discussed," said Dorothy Rothrock, vice president of the California Manufacturers and Technology Association. "It's outrageous and probably illegal." However, some legal experts say the state stands a good chance of winning in court. They note that AB 32 requires the California Air Resources Board to reduce emissions that contribute to global warming by using "market mechanisms" -- and that auctions are a common market tool used in places such as Europe and the Northeast with cap- and-trade programs. "I think the most fair reading of AB 32 is that it did allow the Air Resources Board to create market mechanisms that do include an auction," said attorney Cara Horowitz with UCLA's School of Law. "The Legislature gave the Air Resources Board very broad authority." Even if the state wins a lawsuit, expected to be filed this summer, it almost certainly cannot spend the new billions on schools, roads, health care or other needs. That's because of a 15-year-old state Supreme Court ruling involving paint. In 1991, Gov. Pete Wilson signed a law placing a fee on companies that made lead paint. The money was used to fund programs reducing lead poisoning in children. Sinclair Paint sued, arguing that Proposition 13 required a two-thirds vote in the Legislature to approve such fees. But the state's high court ruled that California can
  • 3. charge industries with fees as long as the money is used to offset the health or environmental effects of the industry's behavior. The Brown administration argues that spending the global-warming money on bullet trains complies with the ruling because the trains would cut pollution by reducing car and airplane trips. "These funds are being raised for reducing greenhouse gases and cannot be spent outside of that purpose," said H.D. Palmer, a spokesman for the state Finance Department. "It's like the way you can't spend money from school bonds to build highways." A similar program in 10 Northeastern states raised $912 million from industry auctions from 2008 to 2011. The most common way the states used the proceeds was to fund programs to help provide insulation, new windows, efficient appliances and lighting to homes and businesses. Brown's budget for the fiscal year beginning July 1 includes $1 billion from cap-and- trade auction revenues, but doesn't specify exactly how they would be used. The first phase of the bullet-train project, from Merced to Los Angeles, is estimated to cost $32 billion. But the state now has just $12 billion from state bonds and federal grants. Richard, the rail authority's chairman, said the global-warming funds could potentially make up $10 billion or more. "If it's an insurance policy, it needs to be able to insure the whole thing, and I think it does," he said. The project's critics are fuming that it might be saved by AB 32. "It's the perfect melding between two boondoggles," said Jon Coupal, president of the Howard Jarvis Taxpayers Association. Critics also argue that the global-warming fees will be passed on to consumers, raising gasoline prices and utility bills. But AB 32 supporters note that the law has broad public support: Voters defeated a ballot attempt in 2010 by oil companies to block it. Environmentalists also point out that cap-and-trade was originally a Republican idea, originated by business interests and first put into law by President George H.W. Bush in 1990, when it was used to offer incentives to industry to reduce emissions that cause acid rain. Since then, those emissions have been cut by 65 percent. "Our goal for the new revenue is to speed and encourage California's transition to cleaner sources of energy," said Alex Jackson, an attorney with the Natural Resources Defense Council. "There's a lot of things that could fit that mold." IN THE BUDGET $1B
  • 4. Amount of revenue from the auction of pollution credits that Gov. Jerry Brown included in his 2012 budget. The problem: Critics argue that the government isn't allowed to sell the credits. And the money may be restricted to use on environmental issues. HOW CAP-AND-TRADE WORKS » PAGE A8