Under a compromise between the Governor and the Legislature, the Legislature allocated $250 million in cap-and-trade auction revenues for construction of the HSR system under the 2013-14 budget, with a 25% allocation of auction revenues thereafter.55 While a number of legal challenges to the HSR system remain pending, the construction of this system could be a major boost to those California cities that stand to benefit from future HSR routes.56. Marin County and Sonoma County have instituted these programs. PDF New California Sustainability Laws - gibbsgiden.com Mark Segal Waiting in line to be tested for Covid-19 at Ohlone Elementary School in Hercules on Friday. Prison town: The economy of Susanville, located high in the Sierra Nevada, is built on incarceration. AB 43 (Friedman) requires that cities take into account the presence of vulnerable groups, including children, seniors, the unhoused and persons with disabilities when setting speed limits, and would permit cities to reduce speed limits on streets with a track record of traffic safety issues. Based on reported data to date. This year the 9th Circuit also maintained its role as the most prodigious source of key environmental decisions of any federal appellate court issuing nearly one per week. Sustainable Urban Development. Changes to the minimum wage, composting rules, police procedures and more. Brad Copithorne & James Fine, Environmental Defense Fund, On Bill Repayment: Unlocking the Energy Efficiency Puzzle in California, at 7-8 (2011), http://www.edf.org/sites/default/files/On-Bill%20Repayment-Unlocking-the-Energy-Efficiency-Puzzle-in-California.pdf. Anthony Bruce, the great-great-grandson of the original owners of Bruce's Beach, holds up SB 796 after Governor Gavin Newsom signed it into law on September 30, 2021. They claimed that the government's failure to take concrete steps to reduce U.S. greenhouse gas emissions violates the government's public trust-related obligations to future generations, as well as the plaintiffs' substantive due process rights. 38, No.1, Winter 2015. Daniel Gross, Palo Altos Electric Supply is 100 Percent Carbon-Neutral, Slate, (Sep. 3, 2014) http://www.slate.com/articles/business/the_juice/2014/09/palo_alto_power_supply_how_the_home_of_stanford_became_carbon_neutral.html; (2) Lancasters municipal buildings are now largely powered with solar energy from a 1.45 megawatt project, which is projected to save the city an estimated $6 million over 15 years. 15. ; Southern Cal. Southern California Edison, Tehachapi Wind Energy Storage Project, (Oct. 2012), http://energy.gov/sites/prod/files/Tehachapi.pdf. SB 596 (Becker) requires the California Air Resources Board to develop a comprehensive strategy by July 1, 2023 to reduce the carbon intensity from cement use by 40 percent from 2019 levels by 2030 and to achieve carbon neutrality in this sector no later than 2045. Theodore L. Senet, New California Sustainability Laws, The Public Law Journal, Vol. There are some federal funds available for energy projects and energy efficiency programs.23 As stated above, most public and investor-owned utilities have programs to assist cities and public agencies. Modernizing the statewide transit system is essential to foster a robust regional transportation system. Policy Making. Office Admin. Sustainability - Department Of Water Resources Under the leadership of Governor Edmund G. Brown Jr., California has undertaken an ambitious effort to green the states buildings and save taxpayer dollars in the process. 19. California Releases World's First Plan to Achieve Net Zero Carbon Sacramento, CA 95814-2919, State of California Department of Justice, Consumer Protection and Economic Opportunity, California Justice Information Services (CJIS), Environmental Justice in Local Land Use Planning, Defending Californias Climate Change Program, California Environmental Quality Act (CEQA). Office of Sustainability - DGS This National Environmental Policy Act case, involving the adequacy of the FAA's environmental analysis of an Amazon distribution center adjacent to the San Bernardino Airport, is unremarkable on its face. SB 796 (Bradford) allows the County of Los Angeles to return land in Manhattan Beach, known as Bruces Beach, to the living descendants of the owners from whom that land was wrongfully taken in the 1920s simply because of their race. For more information, specifically on general plan updates, see CEQA and General Planning. The raises are the latest consequence of a landmark law that pushed the states minimum wage to the highest in the nation. Read more. Never miss the latest breaking ESG investment news. . The feds argue that a portion of the Sacketts' property constitutes wetlands under the Clean Water Act and that the Sacketts were required to seek and obtain a permit before developing their property. 27. There have been a number of communities that have entered the energy business in order to cut ratepayer costs.32 Under Californias Community Choice Aggregation law, customers are "entitled to aggregate their electric loads as members of their local community with community choice aggregators. A state law passed in 2016 requires every city and community in California to divert 75% of organic waste from landfills and to recover and redistribute 20% of edible food before it can be thrown . DWR/2016. Environmental laws regulate environmental protection, from air and water quality to waste management, pollution, chemical safety and hunting and fishing. How New Laws on Surplus Food Will Impact Food Banks SB 47 (Limon) helps clean up abandoned oil and gas wells that pose significant risks to public health and the environment. SB 619 by Senator John Laird (D-Santa Cruz) Organic waste: reduction regulations: local jurisdiction compliance. California is reducing its environmental footprint through sustainable state government operations and practices, including energy efficient state building design and construction, renewable energy generation at state facilities, environmentally preferable state purchasing, and sustainable state-owned vehicles. The Attorney General, in his independent capacity, has a special role in overseeing and enforcing CEQA. The water use reduction goal is accelerated to 25 percent by the end of 2015 under the state's first-ever statewide California recently launched a Climate-Related Risk Disclosure Advisory Group, aimed at supporting the development of a climate risk disclosure standard, as part of the states cross-government framework for urgently addressing and mitigating the impacts of climate change. Plaintiffs may seek to use violations of SB 343 as a basis for claims that recyclability statements are false or misleading under one or more of these laws. In National Pork Producers Council, an out-of-state trade group challenged the constitutionality of a California ballot initiative barring the sale of pork products in this state from improperly and inhumanely confined animals. PSOMASFMG, Antelope Valley Union School District Case Study, http://www.psomasfmg.com/casestudy.html (last visited Oct. 20, 2014). 871 (Cal. I love to spend a Saturday with my wife and our dog, walking in one of the many regional parks and our favorite is the French Trail in Redwood Regional. Providing preferences to local businesses and to local hires can reduce travel, traffic, and pollution. Somewhat remarkably, the 9th Circuit rejected that argument, concluding that the district policy served legitimate business interests and that no equally effective but less discriminatory alternatives were shown to exist. CODE 25310 (West 2014); CAL. Fast-food workers demanding a $15 hourly minimum wage in East Los Angeles in March. Below are ten key bills that passed the legislature and were signed by Governor Newsom in 2021. NRDC is pleased to share that we have a newly formed California Advocacy and Government Affairs team for the 2023-24 legislative session. Corporate emissions are a huge contributor to climate change, but frankly, we dont yet know the scope of the problem. To my knowledge, this is the first time the term "environmental racism" has ever been used in a reported federal appellate opinion. PUB. Over the past decade, California has enacted a comprehensive set of sustainability laws and regulations that are transforming the economy by generating opportunities and funding for renewable energy generation, energy efficiency measures in our buildings, and the implementation of clean transportation programs, which in turn have attracted ventu. Formerly the executive director of the Center for Law, Energy, & the Environment at UC Berkeley School of Law, Frank returned to UC Davis School of Law in January 2010. All rights reserved. landmark law that pushed the states minimum wage to the highest in the nation. As new technologies are implemented through these sustainability laws and regulations, market forces will inevitably transform energy generation and consumption. A new year is upon us, and 2022 means not only the arrival of Year 3 of the coronavirus pandemic (yikes), but also the implementation of hundreds of new laws in California. UTILITIES CODE 399.11, et seq. Law enforcement agencies are now prohibited from posting on social media the mug shots of most people arrested and accused of nonviolent crimes. ESG investing news, analysis, research and information. Plus, the decision announces a new doctrine designed to hamper the government from instituting basic protections, from pollution limits to food and drug safety standards to workplace safety requirements. Expert Blog Ten New Environmental Laws in California The environmental community continued to chalk up wins in the state legislature despite another unusual year due to the COVID-19 pandemic. Most microwave popcorn bags on store shelves are made with PFAS chemicals. The transformation to a clean energy economy is occurring through: (1) building optimization; (2) renewable power generation; and (3) clean transportation. Among the measures signed today is SB 343 by Senator Ben Allen (D-Santa Monica), which requires products to meet benchmarks in order to be advertised or labeled as recyclable, helping consumers to clearly identify which products are recyclable in California. Perfluoroalkyl and polyfluoroalkyl substances (PFASs), often called forever chemicals because they dont break down in the environment, have been linked to serious health hazards and have been found in the bodies of almost every human studied. Read more here. Supporters of the new rules say that publishing such photos on Twitter and Facebook can irreparably harm the lives of people who have not yet been proven guilty. An Act to Amend Section 73 of the Revenue and Taxation Code, Relating to Taxation, to Take Effect Immediately, Tax Levy, S.B. A rent strike demonstration in front of the entrance of the Los Angeles City Hall in 2020. The Governor last month announced that the California Comeback Plan's $15 billion climate package - the largest such investment in state history - includes $270 million to support a circular economy that advances sustainability and helps reduce short-lived climate pollutants from the waste sector. 25. Fashion will need to rethink everything from e-commerce packaging to how clothes are displayed . Later in the week, Ill share some more new laws worth knowing about. In 2013, Governor Brown issued a plan to put 1.5 million zero-emission vehicles on the road by 2025.51 The CEC recently approved fifteen grants totaling $5 million for 475 electric vehicle charging stations across California.52 Research by the UC Berkeley California Electric Transportation Coalition shows that every dollar saved at the pump and redirected toward the rest of the economy not only reduces air pollution, but also captures significant ancillary economic benefits.53. Ill be back tomorrow. SB 619 by Senator John Laird (D-Santa Cruz) provides local governments additional paths to meet the climate goals of Californias Short-Lived Climate Pollutant law. Zachary Shahan, Lancaster Home Solar Mandate1st In US (& World? Today, the California Air Resources Board (CARB) released its updated proposal to implement the most ambitious climate action of any jurisdiction in the world, taking unprecedented steps to drastically slash pollution and accelerate the transition to clean energy. The Sustainable Groundwater Planning (SGWP) Grant Program provides funds for projects that develop and implement sustainable groundwater planning and projects consistent with groundwater planning requirements outlined in Division 6 of the California Water Code, commencing at 10000. UTILITIES CODE 2837 (West 2014); http://energy.gov/sites/prod/files/2014/06/f17/EACJune2014-3Charles.pdf. The Sustainable Communities and Climate Protection Act of 2008, also known as Senate Bill 375 or SB 375, is a State of California law targeting greenhouse gas emissions from passenger vehicles. Finally, California law mandates that electrical utilities procure new energy storage systems in order to integrate intermittent power generation from renewable energy resources and to reduce the need for fossil-fuel powered peaking generation facilities.43 For example, Southern California Edison ("SCE") is soliciting quotations for grid-scale energy storage.44 SCE released a 40 MW request for quotations oriented toward the local capacity requirements in the LA basin.45 SCE also began testing lithium ion battery storage technologies in partnership with the U.S. Department of Energy.46. Jointhe ESG Today daily newsletter and get all the top ESG stories, like this one. 47. 51. PUB. AB 962 by Senator Sydney Kamlager (D-Los Angeles) California Beverage Container Recycling and Litter Reduction Act: reusable beverage containers. In another key toxics case, the 9th Circuit upheld a district court judgment that the Monsanto herbicide Roundup caused the plaintiff's cancer. California's garment labour law: The global implications They seek money damages to reimburse the governments for their climate change-related response costs attributable to greenhouse gas emissions from the defendants' fossil fuel products. NRDC works to safeguard the earthits people, its plants and animals, and the natural systems on which all life depends. Aside from studying existing programs, there are a number of resources available to assist cities with the adoption of benchmarking and reporting laws, including the Institute for Market Transformation,5 Green Cities California,6 and Local Governments for Sustainability USA.7, There are currently two major benchmarking and disclosure programs in California: The first is Public Resources Code section 25402.10, effective January 1, 2014, requires owners and operators of non-residential buildings over 10,000 square feet to benchmark and disclose the buildings energy usage data to buyers, lenders, or tenants leasing the entire building.8 Usage is measured with the Portfolio Manager.9 The new law does not mandate public reporting and does not affect multi-tenant buildings. 201. Office of the Attorney General 31. Perhaps unsurprisingly, the panel judges in the majority took umbrage at the dissent's pointed criticism; a concurring opinion attempted to rebut the dissent's "environmental racism" claims. While the, United States v. Walker River Irrigation District, League of United Latin American Citizens v. Regan, Sackett v. Environmental Protection Agency, Southwest Fair Housing Council v. Maricopa Domestic Water District, Association of Irritated Residents v. Environmental Protection Agency, Center for Community Action v. Federal Aviation Administration, College of Agricultural and Environmental Science, Battling Barriers, Bias to Retain and Recruit STEM Talent, Building Community to Benefit Physics Students, Commencement Schedule and Graduation Celebrations, College of Agricultural and Environmental Studies, College of Biological Sciences Events Calendar, College of Letters and Science Events Calendar, Graduate School of Management Events Calendar, Robert Arneson: Serious Ideas Behind that Humor, UC Davis Continuing and Professional Education. The dueling Center for Community Action opinions serve as a fitting, end-of-year bookend to the similarly impassioned and conflicting judicial views expressed in the 9th Circuit's Juliana case earlier this year. 2013), available at http://opr.ca.gov/docs/Governors_Office_ZEV_Action_Plan_(02-13).pdf. Mr. Senets areas of practice include insurance, construction, environmental and real property law. A deluxe nigiri box by Sushi Kaneyoshi in Los Angeles. Edison Co. v. Public Utilities Com. 48. California Environmental Quality Act (CEQA) | State of California CODE 25710 et seq. With todays action and bold investments to transform our recycling systems, the state continues to lead the way to a more sustainable and resilient future for the planet and all our communities.. 24. Los Angeles Business Council, Largest-in-the-Nation Feed-In Tariff Solar Program Kicks Off, (June 27, 2013), http://www.labusinesscouncil.org/LargestintheNation-Feedin-Tariff-Solar-Program-Kicks-Off. The jointly written report on PV pricing trends predicts another drop this year of between 3 and 12%, depending on system location and market segment. Locally sourced power can also increase opportunities for local business and employment. 29. California Department of Education, California Clean Energy Jobs Act, http://www.cde.ca.gov/ls/fa/ce/. Although green building codes have made new buildings more energy-efficient, many existing buildings are inefficient and wasteful. City of New York, Benchmarking Data Disclosure & Reports, PlaNYC (2014), http://www.nyc.gov/html/gbee/html/plan/ll84_scores.shtml. Sustainable Groundwater Management Act (SGMA) - Department Of Water AB 773 (Nazarian) helps limit cars on local streets and create safe outdoor spaces for recreation by permanently authorizing slow streets. Read more. Read on for a lightly edited version of his piece: In 2021, the 9th U.S. The 9th Circuit rejected that claim, declaring the California initiative constitutional and enforceable against out-of-state companies. Circuit Court of Appeals remained save only the U.S. Supreme Court the most important court in the United States when it comes to environmental law.This year the 9th Circuit also maintained its role as the most prodigious source of key . Govt Operations Agency, Building Standards Information Bulletin 13-07, at 1 (2013). A copy of this disclaimer can also be found on our Disclaimer page. 1300 "I" Street Buildings account for an estimated 68% of total electrical consumption in the United States.1 Californias building standards and energy codes have led the nation for years and have set new standards for future buildings. After the Nevada court answered that question in the negative and returned the case to the 9th Circuit, many observers thought that the case there was over. See, e.g., 53 Ops.Cal.Atty Gen. 72, 73 (1970). It . In enforcing CEQA, Attorney General focuses on the need to address those impacts that affect our most vulnerable residents children, the elderly, and people who already are bearing an unfair share of pollution and those impacts that will be particularly felt by our children and grandchildren. Phase out offshore and neighborhood oil drilling, and clean up all orphaned and abandoned wells throughout the state, Help low-income communities and communities of color to better cope with extreme heat with community resilience centers and upgraded, zero-carbon cooling in their homes, Ensure a robust and inclusive planning process for offshore wind so that it can be built quickly, with minimal impact on marine ecosystems, Reduce the use of toxic pesticides that harm bees and our health; help small and socially disadvantaged farmers transition to organic production; and increase investments in just and resilient food and farming systems.
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