Implementing Climate Legislation
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Implementing Climate Legislation
- 1. Implementing California’s Climate Change Legislation: The City of Sacramento General Plan American Planning Association Woodie Tescher, Principal Technical Professional, PBS&J J. Laurence Mintier, Principal, Mintier Harnish Stephen Hammond, Principal, WRT/Wallace Roberts & Todd
- 2. Our Session… Context: California’s Climate Change Legislation Implementing the Legislation through the Comprehensive/General Plan Implementing the Plan
- 3. LEGISLATIVE CONTEXT California’s Climate Change Legislation: The City of Sacramento General Plan
- 4. Major Actions Addressing Climate Change San Bernardino County Lawsuit City of Stockton Settlement Agreement AG’s Office Intervention Executive Order S-3-05 AB 32 Draft CEQA Guidelines SB 97 SB 375 Executive Order S-20-06 Executive Order S-13-08
- 5. AB 32 – Global Warming Solutions Act California Air Resources Board (CARB) and the Climate Action Team (CAT) 1990 GHG emissions and 2020 GHG reduction targets Reporting and verification Maximum technologically feasible and cost effective measures Monitoring and enforcement Scoping Plan Market-based compliance mechanisms Additional limits
- 6. Attorney General’s Office Efforts Pursuing climate change-related efforts CEQA comment letters Mitigation measures Climate Action Plans
- 7. Attorney General’s Office Efforts San Bernardino County lawsuit/Settlement Agreement Add new policies GHG Emissions Reduction Plan Diesel engine exhaust controls
- 8. Attorney General’s Office Efforts City of Stockton settlement agreement Climate Action Plan/Advisory Committee Reduce VMT Green building ordinance Financing mechanisms Transit Program Infill targets and balanced growth Early protection actions
- 9. SB 375 Major Components GHG reduction targets Regional Transportation Plans (RTPs) Sustainable Communities Strategy (SCS) Alternative Planning Strategies (APS) Housing Element Reform Links timing of RTP and RHNA/Housing Elements Incentives not Regulations CEQA streamlining Transportation funding
- 10. What is SB 375? …its an “everything bill” crammed into one…and I have to implement it! It’s a Housing Reform Bill! It’s a Climate Change Bill! SB 375 Housing MPO CARB Enviros Planner Builders It’s a Growth Control Bill! It’s a Land Use Bill! It’s a CEQA Reform Bill!
- 12. Extensive public outreach effort
- 13. Adopted by SACOG in 2004
- 17. Housing Choice and Diversity
- 18. Use of Existing Assets
- 19. Quality Design
- 21. Focus on Infill
- 22. Encouraging Mixed-use, Compact Development
- 23. Moving People, not Cars
- 24. 2050 Blueprint vs 2030 General Plan
- 25. 2035 MTP
- 26. Taking the Blueprint Further
- 28. Our Challenge… Land Use Housing CLIMATE CHANGE Greenhouse Gas Reduction Circulation/Mobility Conservation Adaptation Open Space Safety Noise Permissive Elements
- 29. Strategies… Land Use: Compact Growth, Infill, Mixed-Use, & TOD Land Use & Mobility: Walkable Streets Conservation & Infrastructure: Alternative Energy Land Use & Conservation: Green Buildings Mobility: Transit Open Space & Safety: Flooding & Habitat Mobility: Alternative Fuel Vehicles Conservation: Community Gardens
- 30. Our Solution… Address in all relevant elements of the General Plan Describe climate change as an overarching theme of the General Plan Incorporate a matrix correlating climate change objectives with applicable policies
- 31. Our Solution… Overarching Plan Themes Making Great Places Growing Smarter Maintaining a Vibrant Economy Creating a Healthy City Living Lightly-Reducing Our “Carbon Footprint” Developing a Sustainable Future
- 32. Our Solution…
- 33. Our Solution…
- 35. Preserve and Enhance.These areas are expected to retain their current form and character, but will experience some minor infill and reuse consistent with their current form and character.
- 36. Improve and Evolve. These areas are expected to experience significant change through infill, reuse, and redevelopment.
- 37. Transformation - Urban. These existing urban areas are expected to experience dramatic change through major development and redevelopment projects.
- 40. Require GPA, Community Plan, & applicable master plans & financing plans
- 43. Responsive to existing context
- 44. Clear about outcomes—visualizes change
- 46. Centers
- 47. Corridors
- 48. Open Space
- 50. Sustainability
- 51. Environment
- 52. Social Equity
- 54. Livability
- 57. Features that contribute to community identity
- 58. Characteristics to protect and enhance
- 61. The Block
- 62. The Site
- 64. Allowed Uses
- 65. Development StandardsKey urban design characteristics associated with designation
- 67. Allowed Uses
- 68. Development StandardsDescription of Allowed Uses including building types
- 70. Allowed Uses
- 71. Development StandardsDevelopment Standards include minimum and maximum intensities
- 73. Allowed Uses
- 74. Development StandardsDevelopment standards illustrated to help visualize density
- 76. Allowed Uses
- 77. Development StandardsIllustrates how uses, guidelines, and standards might look “on the ground”
- 78. Visualizing Change Mitigating the fear of change— Removing uncertainty and inspiring action Before After
- 79. Visualizing Change Mitigating the fear of change— Removing uncertainty and inspiring action
- 81. City of Rivers
- 82. City of Trees
- 83. City of Destinations & Memorable Places
- 84. City Connected & Accessible
- 85. City Sustained & Renewed
- 87. Mobility Comprehensive Transportation System Complete streets Core area level of service exemption Transportation Demand Management Modes Walkable communities Bikeways Public transit Roadways Appropriate parking Aviation
- 88. Utilities Adequacy to Support Development Alternative Approaches for Sustainable Utility Systems Energy generation & conservation Water conservation Stormwater management Waste recycling Other
- 89. Environmental Resources Resource Preservation & Conservation Urban Agriculture/Local Food Supply
- 90. Environmental Constraints Adaptation to Climate Change Risks: Increased Flooding, Wildfire Risk, and so on
- 91. IMPLEMENTATION & MONITORING California’s Climate Change Legislation: The City of Sacramento General Plan
- 92. Administration & Implementation Specific Implementation Programs Categories of implementation General Plan maintenance and monitoring: Annual review and report 5-year review and update Livability Index
- 94. Included with all policies and programs
- 95. Eight categories of implementation
- 96. Regulation and Development Review (RDR)
- 97. City Master Plans, Strategies, and Programs (MPSP)
- 98. Financing and Budgeting (FB)
- 99. Planning Studies and Reports (PSR)
- 100. City Services and Operations (SO)
- 102. Joint Partnerships with the Private Sector (JP)
- 105. Used to measure effectiveness
- 106. Tracks key livability factors
- 107. Economy
- 108. Health of residents
- 109. Quality of life
- 110. Reviewed and updated annually
- 112. Public Outreach & Involvement COMMUNITY CONVENTION: CELEBRATING THE GENERAL PLAN
Notes de l'éditeur
- Attorney General’s Office Intervention (AB 32)AB 32 is being used by the Attorney General’s Office to begin forcing local governments to mitigate for climate change and GHG emissions reductions in CEQA for both projects (mostly energy-related projects) and general plans.Notable Attorney General’s Office efforts include a lawsuit against the draft San Bernidino County General Plan EIR in 2007 and a settlement agreement with the adopted City of Stockton 2035 General Plan in 2008 (additional information on the Attorney General’s office efforts later in this presentation)Draft CEQA Guidelines (SB 97) Draft guidelines issued in 2008Revised draft guidelines were issued for review and comment in January 2009Executive Order S-13-08Calls for the State’s management of climate change impacts from sea level rise, increased temperatures, shifting precipitation, and extreme weather eventsIncludes four key actions:Initiate a statewide climate change adaptation strategy by early 2009 that will asses the expected impacts, identify vulnerabilities, and recommend adaptation policiesRequest that the National Academy of Science establish an expert panel to report on sea level rise impacts in CaliforniaIssue interim guidance to State agencies for how to plan for sea level rise in coastal and floodplain areas for new projectsInitiate a report on critical existing or planned infrastructure projects vulnerable to sea level riseCould initiate the next sequence of State legislation on climate change, regarding mitigating and addressing expected impactsCould be the basis for CEQA-related lawsuits for not adequately addressing or being consistent
- ResponsibilityCalifornia Air Resources Board (CARB) (AB 32) and Climate Action Team (CAT) (S-20-06)Major ElementsEstablishes 1990 GHG levels and 2020 reduction targets2020 targets represent a 10% percent reduction from current levelsRequires reporting and verification of statewide GHG emissions Achieve the maximum technologically feasible and cost-effective GHG emission reductionsMonitoring and enforcement of adopted plans and programsScoping PlanMarket-based compliance mechanisms (e.g., emissions trading, cap-and-trade)May adopt additional GHG emission limits or emission reduction measures prior to January 1, 2011, imposing those limits or measures prior to January 1, 2012, or providing early reduction credit where appropriateWill be used by CARB to issue GHG reduction targets called for under SB 375
- Pursuing climate change-related effortsUsing state legislation (i.e., AB 32) to enforce climate change issuesEnforcing climate change legislation prior to full implementation (i.e., SB 97 CEQA Guidelines to address climate change)Raising the bar every few months for what constitutes and adequate respons. Moving target that continues to evolve and become more sophisticated and demanding what is required for projects and CEQA documentsCalling for environmental review documents to: find projects contribute to global warming; analyze and mitigate for climate change; and reduce GHG emissionsCEQA comment lettersIssued on environmental review documents and plans that do not adequately address climate change mitigation and GHG reductions First letter sent March 2006 on the Orange County Transportation Plan45 comment letters, so far…General Plans (10)Transportation Plans (RTPs) (9)Energy projects (9)Dairies (2)Planning/Development Projects (12)Other (3)Mitigation measuresIncludes measures that may reduce the global warming related impacts of a project, organized into 2 major parts:Measures for projects that will have significant global warming related effects (e.g., Energy Generation Plant) GHG reduction measures for general plans or larger scale plans, including regional plans (e.g., blueprint plans), and in specific plans. Intended to help to ensure more sustainable project-specific development.Has pushed for general plans to include a Climate Action Plan that establishes a GHG emissions reduction targetClimate Action PlansNo clear direction/guidelines from the State on what should be included.Generally should address or include:Estimates current and past (i.e., 1990) GHG emissionsProjections for future (e.g.,2020 or 2050) GHG emissions reduction targets consistent with State mandates and the General Plan horizonGoals, policies, and programs to reduce GHG emissions and adapt or cope with the impacts of climate changeCan be a stand-alone plan, adopted as part of the General Plan (i.e., new element, chapter, or part), or incorporated in the various General Plan elements
- San Bernardino County Lawsuit/Settlement Agreement (2007)Add a policy that describes the County’s goal of reducing GHG emissions and calls for adoption of a GHG Emissions Reduction Plan.Prepare a GHG Emissions Reduction Plan that includes: GHG emission sources1990 and current GHG emissions inventoriesProjected 2020 GHG emissionsGHG emissions reduction targetCompliance with AB 32Conduct environmental review of the GHG Emissions Reduction PlanImplement GPAs and GHG Emissions Reduction Plan within 30 months of execution of the agreementConduct environmental review and adopt measures to control the emissions of diesel engine exhaust within 12 months of the execution of the agreement Ensure that the Attorney General’s office will not sue during implementation of the agreementOffers assistance of the Attorney General’s office in obtaining funding for implementation of the agreement
- City of Stockton Settlement Agreement (2008)Much more detailed and demanding from what was required of San Bernidino CountyEstablish a volunteer Climate Action Plan advisory committeeConduct annual monitoring of agreement implementationPrepare a Climate Action Plan, within 24 months of execution of the agreement, that includes:Current (2008), 1990, and 2030 GHG emissions2020 GHG emissions reduction targetsGoal to reduce per capita vehicle miles travelled (VMT), VMT monitoring mechanism, and annual VMT reporting to the City CouncilSpecific tools and strategies to reduce current and projected GHG emissions to meet GHG emissions targets including:Adopt a green building ordinance within 12 months of execution of the agreementAdopt ordinance(s) that will require the reduction of the GHG emissions of existing housing units on any occasion when a permit to make substantial modifications to an existing housing unit is issued by the City.Explore local assessment districts or other financing mechanism to fund voluntary actions by owners of commercial and residential buildings to undertake energy efficiency measures, install solar rooftop panels, install “cool” (highly reflective) roofs, and take other measures to reduce GHG emissionsExplore requiring GHG-reducing retrofits on existing sources of GHG emissions as potential mitigation measures in CEQA processesAt least every five years review green building requirements and update them consistent with those achieved by the top (best-performing) 25% of city green building measures in the state.Adopt a transit program, based upon a transit gap study (TGS), within 12 months of execution of the agreement. The TGS will include measures to support transit services and operations, including any ordinances or general plan amendments needed to implement the transit program and be commenced within 120 days of the Effective Date.Housing or development projects must be internally accessible by vehicles, transit, bicycles, and pedestrians; allow access to adjacent neighborhoods and developments by all such modes of transportation; provide financial or other support for transit; and be of a density that supports transit use.Amend the General Plan within 12 months to:Require at least 4,400 units of Stockton’s new housing growth to be located in Greater Downtown Stockton with the goal of approving 3,000 units by 2020Require at least an additional 14,000 of Stockton’s new housing units to be located within the City limits (2008)Provide incentives to promote infill development in Greater Downtown Stockton and City limitsEnsure that growth outside the City limits is balanced with infill developmentLimits the granting of entitlements for development projects outside the existing City limitsAdhere to early protection actions ensuring that near-term development mitigates for GHG emissions and is approved in accordance with the intent of the agreementEnsure that the Attorney General’s office will not sue during implementation of the agreementOffers assistance of the Attorney General’s office in obtaining funding for implementation of the agreement
- GHG Reduction TargetsEstablishes GHG reduction targets for 2020 and 2035 for the states 17 MPOsRHNAIntegrates RHNA with transportation linking mandatory housing element requirements with transportation fundingTimingLinks the update cycles for Regional Transportation Plans (RTP) and Housing Elements/RHNASustainable Communities Strategies (SCS)/Alternative Planning Strategies (APS)Requires MPOs to prepare plans for reducing GHG emissions through land use and transportationIntended describes region's plan for reducing GHGs from automobiles and light trucks through integrated transportation, land use, and housingSB 375 does not specifically require that the SCS attain those GHG reductions assigned(see subsequent slides for a detailed description)CEQA StreamliningProvides incentives through CEQA streamlining for projects that are consistent with the SCS or APSTransportation FundingLinks transportation funding with GHG reduction targets and RHNADecisions about the allocation of transportation funds must be consistent with the RTP (SCS) Does not change any current transportation funding formulas (e.g., county minimums for the State Transportation Improvement Program (STIP))
- Part 4, Administration and ImplementationLays-out specific implementation programs that implement Citywide and Community Plan policies.Includes categories of implementation.Ensures frequent maintenance and monitoring (i.e., annual review and report and 5-year review and update).Calls for development of a “Livability Index” to monitor and assess implementation of the 2030 General Plan.
- Categories of ImplementationEach policy and implementation program identified by one or more categories (i.e., implementation “tags”).“Tags” are represented by a set of letters at the end of each policy or program that correspond to a category.Used to determine the tools the City will use to carry out policies and programs.Ensures that each policy is linked to one or more implementation program(s) or tools.Categories of implementation (eight):Regulation and Development Review (RDR)City Master Plans, Strategies, and Programs (MPSP)Financing and Budgeting (FB)Planning Studies and Reports (PSR)City Services and Operations (SO)Inter-governmental Coordination (IGC)Joint Partnerships with the Private Sector (JP)Public Information (PI)
- Implementation ProgramsOrganized according to General Plan element.Are specific and tangible with a defined beginning and end that can be measured and reported.Annual review and reporting ensure that program implementation is tracked.Implementation Program FormatFormatted in a table.Each program is cross-referenced to the policy(ies) it implements.Identifies the City department responsible for carrying out the program and the departments that will support the responsible department.Includes a timeline for when the program is expected, not required, to be completed.
- Livability IndexThe Livability Index is an indicators program that measures the City’s success at reaching the Vision and Guiding Principles.Had major support and direction by the former Mayor, Heather Fargo.It will measure the effectiveness and status of the 2030 General Plan policies and programs.Tracks key livability factors:EconomyHealth of residentsQuality of lifeReviewed and updated annually in conjunction with the annual General Plan review and report.Will be used by the City to help establish priorities in the City’s budget cycle.