Kira Hettinger

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Sustainable Development Law & PolicyVolume 11Issue 1 Fall 2010: Sustainable Development in theUrban EnvironmentArticle 20New Froniter in Urban Greenhouse Gas EmissionsRegulation: Overview of California's Senate Bill375Kira HettingerFollow this and additional works at: http://digitalcommons.wcl.american.edu/sdlpPart of the Agriculture Law Commons, Constitutional Law Commons, Energy and Utilities LawCommons, and the Environmental Law CommonsThis Legislative Update is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @American University Washington College of Law. It has been accepted for inclusion in Sustainable Development Law & Policy by an authorizedadministrator of Digital Commons @ American University Washington College of Law. For more information, please contactfbrown@wcl.american.edu.Recommended CitationKira Hettinger (2011) "New Froniter in Urban Greenhouse Gas Emissions Regulation: Overview of California's Senate Bill 375,"Sustainable Development Law & Policy: Vol. 11: Iss. 1, Article 20.Available at: http://digitalcommons.wcl.american.edu/sdlp/vol11/iss1/20Fall 2010 58In	September	2008,	California	legislators	passed	Senate	Bill	375	(“S.B.	375”),1	for	the	purpose	of	reducing	greenhouse	gas	(“GHG”)	emissions.2	This	groundbreaking	bill	attempts	to	reduce	GHG	emissions	by	regulating	land-use	planning	and	housing	apportionment.3	To	reach	its	GHG	reduction	goals,	the	bill	requires	regional	administrative	bodies	to	develop	sustain-able	 land-use	 plans	 and	 creates	 incentives	 for	 developers	 to	build	 sustainable	 communities.4	Legislators	 drafted	S.B.	 375	to	supplement	the	Global	Warming	Solutions	Act	of	2006,	also	known	as	Assembly	Bill	32	(“A.B.	32”).5	As	a	preliminary	step,	A.B.	32	requires	the	California	Air	Resources	Board	(“CARB”)	to	determine	the	appropriate	level	of	GHG	emissions	reduction	by	the	year	2020;6	subsequently,	S.B.	375	also	requires	CARB	to	set	corresponding	regional	goals.7In	accordance	with	A.B.	32	and	S.B.	375,	CARB	announced	regional	 GHG	 emissions	 reduction	 goals	 on	 September	 23,	2010.8	Although	these	goals	differ	by	location,	most	require	a	seven	to	eight	percent	reduction	from	2005	emission	levels	by	the	year	2020,	and	a	thirteen	to	sixteen	percent	reduction	from	2005	emission	levels	by	the	year	2035.9	S.B.	375	delegates	the	responsibility	 for	meeting	 these	 goals	 to	Metropolitan	 Plan-ning	Organizations	(“MPOs”),	which	must	develop	a	Sustain-able	Community	Strategy	(“SCS”)	for	their	respective	regions	to	meet	the	2020	and	2035	emission	reduction	goals.10	Conse-quently,	the	SCS	becomes	the	roadmap	for	sustainable	devel-opment	in	each	region	and	guides	implementation	of	efficient	modes	of	 transportation.11	With	 these	 requirements,	S.B.	375	tries	 to	encourage	Californians	 to	adopt	 sustainable	 lifestyles	by	 favoring	mixed-use	 developments	 that	 promote	 walking,	mass	transit,	and	other	alternative	modes	of	transportation	over	the	ubiquitous	 automobile.12	S.B.	 375	 requires	 each	MPO	 to	develop	a	SCS	to	ensure	it	reaches	its	2020	and	2035	emission	reduction	goals.13	However,	developing	a	SCS	comes	with	its	own	set	of	challenges.To	develop	a	SCS,	each	MPO	must	predict	future	funding;	determine	how	 to	 fund	 the	SCS;	 and	 still	meet	CARB	emis-sions	reductions	targets	and	Clean	Air	Act	requirements.14	The	legiSlative upDatecompleted	SCS	is	then	submitted	for	CARB	approval.15	How-ever,	 if	 a	 region	 is	 unable	 to	 attain	CARB	 approval,	 it	may	satisfy	its	statutory	requirements	in	another	fashion.16	When	a	MPO	determines	it	cannot	meet	mandated	reduction	goals	within	its	 fiscal	 constraints,	 it	 can	 develop	 an	Alternative	 Planning	Strategy	(“APS”),	which	effectively	eliminates	the	mandatory	requirement	to	develop	a	SCS.17	In	contrast	to	the	comprehen-sive	requirements	in	a	SCS,	the	APS	only	needs	to	show	a	plan	for	meeting	2020	and	2035	goals.18	The	primary	 incentive	 to	complete	a	SCS	is	that	by	doing	so,	local	projects	become	eligi-ble	for	federal	funding.19	Projects	located	within	an	APS	are	not	generally	eligible	for	federal	funding.20	Regardless	of	whether	a	MPO	ultimately	creates	a	SCS	or	an	APS,	either	plan	must	be	in	place	by	2014,	even	if	only	the	SCS	is	enforceable.21	Ultimately,	both	of	these	plans	must	align	with	an	area’s	housing	plan,	as	required	by	S.B.	375.22The	 housing	 plan	 under	 S.B.	 375	 is	 designed	 to	 combat	sprawl.23	Local	governments	must	have	a	housing	plan	under	their	Regional	Housing	Needs	Assessment	(“RHNA”),	which	evaluates	 a	 region’s	housing	needs.24	S.B.	 375	 requires	 each	region’s	RHNA	to	align	with	the	sustainable	development	plan	laid	 out	 in	 the	 SCS.25	 Therefore,	 the	 RHNA	 addresses	 how	each	 region	will	meet	 its	 housing	 needs	 through	 sustainable	development.26S.B.	375	is	arguably	most	effective	in	that	it	provides	incen-tives	for	sustainable	development,	especially	when	federal	fund-ing	for	urban	and	transportation	projects	are	tied	to	SCS	plan	compliance.27	For	land	developers,	incentives	include	fast-track	environmental	approval	or	exemptions	from	the	approval	pro-cess,	 if	 their	plans	meet	environmental	 requirements.28	Addi-tionally,	if	CARB	accepts	the	SCS	it	could	become	eligible	for	federal	funding,	whereas	an	APS	cannot.29	S.B.	375’s	funding	incentives	are	its	most	efficient	means	of	promoting	sustainable	development.30* Kira Hettinger is a J.D. Candidate, May 2013, at American University Wash-ington College of Law.new Frontier in urban greenhouSe gaS emiSSionS regulation: overview oF caliFornia’S Senate bill 375by Kira Hettinger*SuStainable Development law & policy59S.B.	375	 is	an	 important	 step	 towards	 incorporating	sus-tainable	land-use	regulation	into	methods	for	controlling	GHG	emissions.31	To	promote	sustainable	land-use,	S.B.	375	encour-ages	denser,	“greener”	urban	development,	which	places	hous-ing	near	work	places	and	living	areas	developed	to	incorporate	natural	environments—all	of	which	encourage	people	to	drive	less.32	 Critics	 are	 concerned	 that	 the	 bill	 is	 too	 lenient	 and	allows	MPOs	to	use	an	APS	as	a	loophole	to	circumvent	S.B.	375	requirements.33	Proponents	of	S.B.	375	say	its	success	 is	in	being	the	first	bill	of	its	kind	to	be	passed.34	This	legislation	takes	 necessary	first	 steps	 toward	 reducing	our	 urban	 sprawl	and	promoting	sustainable	development.35	CARB’s	announce-ment	of	regional	GHG	emission	goals	on	September	23,	2010,	is	therefore	a	critical	step	forward	and	S.B.	375	may	yet	become	the	catalyst	that	changes	the	approach	to	urban	development	in	the	United	States.36Endnotes:		Legislative	Update:	New	Frontier	in	Urban	Greenhouse	Gas	Emissions	Regulation:	Overview	of	California's	Senate	Bill	3751	 	S.	375,	2007-2008	Leg.,	Reg.	Sess.	(Cal.	2008),	2008	Cal.	Stat. 728 (2008) (Codified	in	part	into	cal. coDe regS. tit. 2 §14522.11 (2010)).2	 	See Press	Release,	Office	of	the	Governor,	Governor	Schwarzenegger	Signs	Sweeping	Legislation	to	Reduce	Greenhouse	Gas	Emissions	through	Land-Use	(Sept.	30,	2008),	available at	http://gov.ca.gov/index.php?/press-release/10697/.3	 	See id.4	 	See S.	375,	supra	note	1.5	 	See California	Global	Warming	Solutions	Act	of	2006,	cal. health & SaFety coDe § 38560 (West	2010);	see also S.	375,	supra	note	1	(achieving	climate	goals	by	reducing	Vehicle	Miles	Traveled	for	automobiles	and	light	trucks,	which	account	for	thirty	percent	of	California’s	GHG	emissions).6	 	See Assembly Bill 32: Global Warming Solutions Act,	cal. envtl. prot. agency, air reS. bD., http://www.arb.ca.gov/cc/ab32/ab32.htm	(last	visited	Oct.	8,	2010).7	 	See S.	375,	supra	note	1.8	 	See	regional targetS aDviSory comm., cal. air reS. bD., recommenDa-tionS oF the regional targetS aDviSory committee (rtac) purSuant to Sen-ate bill 375, http://www.arb.ca.gov/cc/sb375/rtac/report/092909/finalreport.pdf.9	 	See id.10	 	See	S.	375,	supra	note	1.11	 	See	id.12	 	See Press	Release,	supra note	2.13	 	See S.	375,	supra	note	1.14	 	See id.15	 	See	Senate Bill 375 – Regional Targets,	cal. envtl. prot. agency, air reS. bD, http://www.arb.ca.gov/cc/sb375/sb375.htm	(last	visited	Oct.	8,	2010).16	 	See S.	375,	supra	note	1.17	 	See id.18	 	See id.	at	10.19	 	Senate Bill 375 – Regional Targets,	supra	note	15	(noting	that	a	Regional	Transportation	Plan	is	a	document	used	by	the	federal	government	to	allocate	transportation	funds,	so	if	a	SCS	is	adopted	into	a	RTP	the	SCS	is	now	eligible	for	funds	through	the	RTP).20	 	See id.21	 	See S.	375,	supra	note	1.22	 	See id.23	 	Senate Bill 375: Legislating our way out of sprawl,	tranSbay blog,	http://transbayblog.com/sb375/	(last	visited	Oct.	8,	2010).24	 	See	id.25	 	See id.26	 	See	id.27	 	The Myth of SB 375,	legal planet,	http://legalplanet.wordpress.com/2010/09/23/the-myth-of-sb-375/#more-8113	(last	visited	Oct.	15,	2010).28	 	Id.29	 	Senate Bill 375 – Regional Targets,	supra	note	15.30	 	The Myth of SB 375, supra	note	27.31	 	See Press	Release,	supra note	2.32	 	See id.33	 	See The Myth of SB 375,	supra	note	27.34	 	See	Heather	Haney,	Implementing SB 375: Promises and Pitfalls,	37	ecol-ogy l. currentS	46	(2010).35	 	See Press	Release,	supra note	2.36	 	See id.	

New Froniter in Urban Greenhouse Gas Emissions Regulation: Overview of California\u27s Senate Bill 375

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New Froniter in Urban Greenhouse Gas Emissions Regulation: Overview of California\u27s Senate Bill 375

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