CEQA GHG Significance Determination. August 17, 2010 August 18, 2010 August 20, 2010

Transcription

1 CEQA GHG Significance Determination August 17, 2010 August 18, 2010 August 20, 2010

2 CEQA Requirements CEQA requires a Lead Agency to: Identify project-specific environmental impacts Determine the significance of those environmental impacts For significant impacts, implement all feasible mitigation measures If still significant, prepare Environmental Impact Report (EIR) Findings and Overriding Considerations 2

3 Key Legislative Mandates AB 32: CA Global Warming Solutions Act Reduce GHG emissions to 1990 level by 2020 ARB given authority for GHG reductions ARB: AB 32 Scoping Plan 29% GHG reduction from BAU by 2020 Significance determination guidance on-hold 3

4 Baseline & Business As Usual (BAU) Baseline is a 3-year average GHG emission inventory for the period 10% 29% BAU is a projection of the baseline emissions inventory reflecting anticipated growth by the year 2020 ARB s 29% reduction target is from BAU 1990 Emissions BASELINE 2020 BAU Projects occurring after the Baseline period may already have achieved GHG reductions 4

5 Why Develop GHG CEQA Guidance? State has made it clear that greenhouse gas emissions (GHG) impacts must be addressed during CEQA process CEQA requires a determination of the significance but there is no generally accepted guidance for determining significance of project specific GHG impacts OPR has only proposed general guidance Project proponents, lead agencies, the District and the public need clear guidance District Board directed staff to develop guidance for addressing GHG impacts 5

6 Challenges of Determining Significance GHG emissions occur locally GHG impacts occur globally GHG impacts are cumulative Existing science is inadequate to support establishment of a numerical project specific significance threshold 6

7 Options for Determining Significance Zero Threshold Concept: Project deemed less than significant if reduced or mitigated to zero increase in GHG emissions 100% of a project s GHG emissions must be mitigated, otherwise EIR Challenges: This methodology would result in undue regulatory burden on all projects with GHG emission increase Every project requires specific quantification of GHG emissions and mitigation measures 7

8 Options for Determining Significance Numeric Threshold Concept: Project deemed less than significant if increase in GHG emissions is below a numerical value Mitigation required if above the significance threshold; otherwise EIR Challenges: Existing science does not support a bright-line determination of GHG impacts on global climatic change ( Bright-line based on an arbitrary cut-off) Every project requires specific quantification of GHG emissions and mitigation measures, if applicable 8

9 Options for Determining Significance Performance Based Standards Concept: Project deemed less than significant if it incorporates established specifications or project design elements Challenges: Establish performance standards that result in real GHG reductions compared to business as usual Establish business-as-usual Demonstrate that cumulatively, achieved GHG emission reductions meet or exceed 29% compared to business-as-usual (AB32 target) 9

10 SJV Approach Performance Based Standards When the District is the Lead Agency for CEQA purposes, all projects with increase in GHG emissions would be subject to significance determination for GHG emissions impact. The District s use of performance based standards is a method of determining significance of project specific GHG emissions using established specifications or project design elements: Best Performance Standards (BPS) 10

11 SJV Approach - BPS BPS Stationary Source Projects Best GHG controls that have been achieved on a given type of source of GHG emissions (technology, energy efficiency, etc.) Achieved-in-Practice Pre-quantified GHG emission reductions BPS Development Projects At least 29% GHG emission reductions compared to BAU (AB32 target) Any combination of District approved measures Achieved-In-Practice 11

12 SJV CEQA GHG Policy & Guidance District Approved Policy: Internal document used when District is lead agency Significance determination based on BPS methodology District Proposed Guidance: Document designed to assist stakeholders, lead agencies, and the public by proactively identifying effective feasible mitigation measures Proposed significance determination based on BPS methodology 12

13 BPS Implementation Flowchart 13

14 BPS - Implementation Projects exempt under CEQA Projects complying with an approved GHG emission reduction plan supported by a certified CEQA environmental review document Projects with No GHG emissions increase (less than 230 metric tons/year District approved Policy) Would Not require further GHG analysis, and Be deemed less than significant 14

15 BPS - Implementation Projects implementing BPS GHG emission reductions pre-quantified No additional quantification of GHG required GHG impacts deemed less than significant Alternative to BPS Must quantify project specific GHG emissions Must demonstrate equivalency to approved BPS Must reduce or mitigate GHG emissions by 29% compared to BAU to be deemed less than significant 15

16 Alternatives to BPS "Alternatives" BPS can be: Traditional CEQA mitigation: enforceable & contemporaneous reductions in GHGs Voluntary Emissions Reduction Agreement (VERA) GHG emission reduction credits (Market-based credits, District-issued credits) 16

17 BPS - Implementation Projects subject to an EIR for any reason Must quantify GHG emissions May reduce or mitigate GHG emissions to less than significant For significant impacts, implement feasible mitigation measures May require adoption of a Statement of Overriding Consideration 17

18 District Methodology: Achievements Projects with GHG emissions increase are required to reduce GHG impacts Achieve real GHG emission reductions Provide a means of streamlining the significance determination process Pre- Approved BPS, developed through a public process Not limited to 1 single option: BPS, BPS alternative, 29%, VERA, Credit 18

19 District Methodology: Implementation Establishing BPS - Development Projects - 19

20 Development Projects: BPS BPS Development Projects At least 29% GHG emission reductions compared to BAU (AB32 target) Any combination of District approved measures Achieved-In-Practice To relate BAU to an emissions generating activity, the District is establishing emission factors per unit of activity (Dwelling Unit or project type), using the baseline period as the reference 20

21 Development Projects: BPS Implementation District to compile Baseline statistics ( ) Source Categories: Residential Development: tons-co2e/dwelling Unit or sq. ft. Commercial Development: tons-co2e/1,000 square feet Industrial Development: tons-co2e/1,000 square feet Targeted info: Natural gas consumption Propane consumption Electricity usage Water usage 21

22 Development Projects: BPS Implementation CAPCOA Report Quantifying Greenhouse Mitigation Measures: A Resource for Local Government to Assess Emission Reductions from Greenhouse Gas Mitigation Measures Modifications to URBEMIS District specific baseline statistics used to adjust the statewide analysis 22

23 Development Projects - Baseline Residential Projects ( ) 5.86 metric tons CO2e/year per DU* Electricity: 2.98 metric tons CO2e/year/DU Gas/propane: 2.88 metric tons CO2e/year/DU metric tons CO2e/year per sq. ft.** Electricity: metric tons CO2e/year/sq. ft. Gas/propane: metric tons CO2e/year/sq. ft. *CEC data **City of Fresno survey data (Avg. 1,997 sq. ft./du) 23

24 Development Projects - Baseline Commercial Projects ( ) metric tons CO2e/year per project* Electricity: metric tons CO2e/year/project Gas: metric tons CO2e/year/project Future actions Develop specific project class and categories Requesting assistance to determine baseline GHG emissions by project type (retail sales, grocery stores, etc) *Derived from CEC & Employment Development Dept. Data 24

25 Development Projects - Baseline Industrial Projects ( ) No data Future actions Develop specific project class and categories (Light Industrial, Storage, etc) Requesting assistance to determine baseline GHG emissions by project type 25

26 Development Projects - Significance Determination Less than cumulatively significant if: Baseline Emissions Project Emissions Baseline Emissions > 29% 26

27 Development Projects - Significance Determination Residential Projects - BPS Target On a per DU basis - Less than cumulatively significant if: Project Emissions < 5.86 metric tons CO2e/yr x (1-0.29)= < 4.16 metric tons CO2e/yr per DU On a per sq. ft. basis - Less than cumulatively significant if: Project Emissions < metric tons CO2e/yr x (1-0.29)= < metric tons CO2e/yr per sq. ft. 27

28 Development Projects - Significance Determination Method to Simplify Project Significance Determination Step 1: Emissions Deficit New Efficiency Standard: GHG emissions from projects built consistent with new energy standards adopted after baseline period Seeking Valley specific information Emission Deficit = New Emissions Standard - BPS Target 28

29 Development Projects - Significance Determination Method to Simplify Project Significance Determination Step 2: Select additional GHG reduction measures to make up the Emissions Deficit Using the CAPCOA Report: Quantifying Greenhouse Mitigation Measures or Using updated URBEMIS to quantify GHG emission reductions 29

30 Development Projects - Significance Determination 5.86 t-co2e/yr/du 4.16 t-co2e/yr/du 29% Reduction BASELINE Target: 29% Reduction 30

31 Development Projects - Significance Determination 5.86 t-co2e/yr/du 5.16 t-co2e/yr/du* Emission Deficit: 4.16 t-co2e/yr/du 1.00 t-co2e/yr/du BASELINE New Efficiency Standards Target: 29% Reduction *For illustration purposes only 31

32 Development Projects - Significance Determination Example: Residential Development Project Baseline GHG emissions 5.86 tons CO2e/year per DU Targeted GHG emissions (29%): 4.16 tons CO2e/year per DU New Efficiency Standard: 5.16 tons CO2e/year per DU* Step 1: Emissions Deficit ED = = 1.0 tons CO2e/yr per DU Step 2: Select Additional Measures Exceed Title 24 by 5%: 0.4 tons CO2e/yr per DU* Local Serving Retail: 0.2 tons CO2e/yr per DU* Public Transit: 0.5 tons CO2e/yr per DU* Additional GHG Achieved: 1.1 tons CO2e/yr per DU *For illustration purposes only 32

33 Development Projects - Significance Determination Interim Method SJVAPCD has developed an interim tool using Sac. Metro list of emission reduction measures GHG Emission Reduction Calculator : URBEMIS 2007: Emission reductions are not currently compared to baseline 33

34 CEQA GHG Significance Determination Contact Information Arnaud Marjollet: Daniel Barber: Permit Services Manager Supervisor CEQA / ISR / GHG daniel.barber@valleyair.org 34

35 Questions / Comments 35