An Introduction to California's Greenhouse Gas Emission Trading Program

Similar documents
Overview of AB 32, Cap and Trade Program

In Focus: Carbon Offsets under AB 32. From the desk of Carbon Credit Capital team member Yuliya Lisouskaya

Towards COP21: California s Perspective. Matthew Rodriquez

Ontario s Cap and Trade Program Presentation to ICAP February 2018

California Cap and Trade Program

A Close Look at the California & Quebec Cap-and-Trade Linkage

Offsets Under California s Cap-and-Trade Program

78th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 3470 SUMMARY

Cap and Trade & Complementary Climate Policies in California: AB32 and Beyond

AB32 and Green Funding Opportunities. Erin Sheehy, LEED AP Principal S

State of New Mexico Office of the Governor

Changes to California s Cap and Trade System under AB 398

Overview of U.S. and European Union Cap and Trade Programs. Reid Harvey, U.S. EPA Presented at 34 th Annual PURC Conference February 16, 2007

Overview of U.S. and European Climate Change Programs. Reid Harvey, U.S. EPA Presented at LSU Energy Summit October 24, 2007

Clean Energy Jobs Legislation Key Policy Decisions

SENATE BILL lr1163

Cap and Trade Program Design Options. November 2015

Update on GHG Regulation and Emissions Trading in Alberta and other Jurisdictions

Linking Regional Cap- and- Trade Programs: Issues and Recommendations

Interpreting AB 398 s carbon offsets limits

Budget Paper E MADE-IN-MANITOBA CLIMATE AND GREEN PLAN

Regional Greenhouse Gas Initiative (RGGI; Reggie ) Will Space Massachusetts Department of Environmental Protection Washington, DC March 15, 2013

THE BUSINESS CASE FOR CARBON MANAGEMENT: NEW OPPORTUNTIES FOR OFFSET REVENUES FROM MANURE DIGESTERS

JTAC STAFF REPORT. MEETING DATE: August 6, 2015 AGENDA ITEM: 4

Preemption and Alteration of EPA and State Authority to Regulate Greenhouse Gases in the Kerry-Lieberman Bill

CALIFORNIA: An Emissions Trading Case Study

Clean and Secure Energy Actions Report 2010 Update. GHG Policies

H 7884 STATE OF RHODE ISLAND

North Coast Forest Conservation Conference. John Nickerson Director of Forestry

Vessel Speed Reduction Initiative Fact Sheet

CUTRIC-OPTA RESEARCH PROPOSAL

California and Climate Change: AB 32 and Beyond. Adrienne Alvord, Environmental Policy Director Office of Senator Fran Pavley 6 May 2009

California s Revised Mandatory Greenhouse Gas Reporting Regulation

ANALYSIS OF THE IMPACT OF SB 605 ON THE CALIFORNIA CARBON MARKET

Ontario s Climate Act From Plan to Progress

Greenhouse Gas Emissions Reductions in Ontario: A Discussion Paper - EBR Registry Number

6.9 Greenhouse Gas Emissions and Climate Change

Cap and Trade Program Design Options Report Back to Stakeholders

Project Title: Investigation of the feasibility of greenhouse gas offset projects in Santa Barbara County

DEVELOPMENT OF CHINA S NATIONAL EMISSIONS TRADING SCHEME

Questions and Answers on the Commission's proposal for effort sharing

Mandatory Reporting of Greenhouse Gases Final Rule (74 Fed. Reg. 56,260)

Developing a Voluntary Carbon Offsets Program for Ontario

Opportunities for Landowners in the California Carbon Market

4.9 Greenhouse Gas Emissions

A BETTER CANADA A CLEANER ENVIRONMENT: The Development of Motor Vehicle Fuel Consumption Regulations

2014 ENVIRONMENTAL SEMINAR

An Analysis of the Economic Impact of Cap-and-Trade Policy on the California Food Processing Industry: A Look at Processed Tomatoes and Dairy Products

EPA Analysis of the Waxman-Markey Discussion Draft: The American Clean Energy and Security Act of 2009 Executive Summary April 20, 2009

78th OREGON LEGISLATIVE ASSEMBLY Regular Session. Senate Bill 1574 SUMMARY

BENEFITS OF CAP & INVEST PROGRAM

Introduction to Carbon Markets. Ankara, 5 September 2016

The American Clean Energy and Security Act of 2009 (H.R.2454)

U.S. Regional Approaches to Energy Policy and CO 2 Mitigation

SENATE BILL 309 CHAPTER. Global Warming Solutions Reductions in Greenhouse Gases

Climate Change Response: Mitigation

EVOLUTION OF THE NZ ETS: SECTORAL COVERAGE AND POINT OF OBLIGATION

Opportunities for Carbon Offsets from Composting and Digesting Food Waste

Senate Bill 1574 Ordered by the Senate February 11 Including Senate Amendments dated February 11

Oregon E-Cycles Biennial Report

1.1 Purpose of the Climate Action Plan Update

Greenhouse Gas Emissions in New Jersey

2016 Global Aviation Dialogues (GLADs) on Market-Based Measures to address Climate Change

Climate Change Issues and Initiatives Matt Kuryla January 8, 2008 HOU03:

Readying For ACES And Climate Change

U.S. Climate Change Technology Program (CCTP) Overview

Carbon Pricing Mechanisms: Risks and Competitiveness

Cap and Trade Program Post-2020 Design. August 2016

NRDC Legislative Facts

Potentially Significant Impact

Greenhouse Gas Regulatory Update Myriam McChargue, Camp Dresser & McKee

Why a C&T system? An overview of its advantages

What generators will be affected under state programs compared to the Clean Power Plan?

Energy Efficient Environmental Solutions

CAPCOA Greenhouse Gas Reduction Exchange (GHG Rx) Briefing for C-AGG March 5, 2014

California Compost Coalition WHITE PAPER INVESTMENT OF CAP AND TRADE AUCTION PROCEEDS DIVERSION OF ORGANIC WASTE TO BIOENERGY AND COMPOSTING

SOUTH CENTRAL COAST BASINWIDE AIR POLLUTION CONTROL COUNCIL

European Union Emissions Trading Scheme enough for climate mitigation?

Planning for California s 2030 Emissions Reduction Goal Partnership for Market Readiness Workshop San José, Costa Rica Mary Jane Coombs California

Waxman-Markey Bill May 18, 2009

Got Manure? Carbon Management Workshop

Accountability Report

Methane Action Plan. saskatchewan.ca

Emissions The Dawn of Cap and Trade System

Sonoma Environmental Education Collaborative Climate Education Workshop January 22, 2018

Submission by Republic of China (Taiwan) Intended Nationally Determined Contribution ( 核定本 )

LOGO Professor Mingde Cao

China s National Carbon Market Development Plan (Power Generation Sector)

Executive Summary for the CII Task Force Water Use Best Management Practices

Utilities Kingston Report to Council Report Number

Social Costs in California. Emily Wimberger California Air Resources Board June 2017

Gia Schneider, Partner, EKO Asset Management. Carbon Sequestration on Farms & Forests Clayton Hall Newark, DE

Printing and Writing Papers Life- Cycle Assessment Frequently Asked Questions

Report of the Assessment of Market-based Measures

California s AB32: Driving Economy-Wide Carbon Pollution Reductions Amid a Recovering Economy

3.7 Climate Change and Greenhouse Gases

Climate Change Update: The State of Play in the U.S. in the Run-Up to Paris

Global Warming: A Threat Not to Be Ignored

AB 32 Status Report: California Hitting Clean Energy Targets

Methane and California s Livestock Operations. Rachel Tornek, Policy Director California Methane Symposium, Los Angeles March 12, 2015

Transcription:

Santa Clara Law Santa Clara Law Digital Commons Faculty Publications Faculty Scholarship 7-1-2013 An Introduction to California's Greenhouse Gas Emission Trading Program Tseming Yang Santa Clara University School of Law, tyang@scu.edu Follow this and additional works at: http://digitalcommons.law.scu.edu/facpubs Part of the Law Commons Automated Citation Tseming Yang, An Introduction to California's Greenhouse Gas Emission Trading Program (2013), Available at: http://digitalcommons.law.scu.edu/facpubs/791 This Article is brought to you for free and open access by the Faculty Scholarship at Santa Clara Law Digital Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact sculawlibrarian@gmail.com.

An Introduction to California s Greenhouse Gas Emission Trading Program (Forthcoming (in Chinese translation and English) in Journal of Jiangsu University, Social Science Edition (Sept. 2013)) Draft 7 1 2013 Tseming Yang Professor of Law Santa Clara University Law School 500 El Camino Real Santa Clara, CA 95053 tyang@scu.edu 1 (408) 551 6037

By Tseming Yang 1 An Introduction to California s Greenhouse Gas Emission Trading Program As a global environmental problem, climate change will require a global solution. Nevertheless, the efforts of individual nations and sub national governmental units have become increasingly important for demonstrating leadership in creating effective regulatory programs and possible solutions. California s Global Warming Solutions Act of 2006, also referred to as A.B. 32, and the associated greenhouse gas emission trading program are one set of such efforts. 2 With A.B. 32, the state of California has created one of the most comprehensive and complex climate change programs in the world a legally binding set of mandates for the state government to reduce greenhouse gas (GHG) emissions to 1990 levels by the year 2020 that is implemented in part by a highly sophisticated GHG trading system. Although a number of years have already passed since A.B. 32 s first enactment, the highestprofile regulatory action, the emission trading program, also referred to as a cap and trade system, became effective only recently. What has been the impetus for California s climate program? The state has recognized that climate change will have far reaching adverse impacts on the health of its population, its environment, and the state s economy. The effects include reduced water quality and supply for its residents, damage to agriculture, industry, and ecological systems, rising sea levels resulting in displaced coastal businesses and residences, and an increase in the spread of infectious diseases and other public health risks. 3 As the most populous state in America, the world s 9th largest economy with a nearly $2 trillion GDP, 4 and the home to Silicon Valley, America s cradle of high tech innovation, California also sees a global leadership role for itself in addressing climate change. The state s economy, technology centers, financial institutions, and businesses are expected to benefit, including by early investment in the development of innovative and pioneering technologies designed to address climate change issues. 5 What are A.B. 32 s emission reduction goals and how will it achieve them? A.B. 32 requires that California attain 1990 levels of GHG emissions by the year 2020. 6 The California Air Resources Board (CARB), the primary state agency responsible for regulation air pollution, 1 Professor of Law, Santa Clara University Law School. I am grateful to Devani Adams for excellent research assistance. 2 CAL. HEALTH & SAFETY CODE 38500 38599 available at http://www.leginfo.ca.gov/pub/05 06/bill/asm/ab_0001 0050/ab_32_bill_20060927_chaptered.pdf. 3 Id. at 38501(a) (b). 4 Top Countries Ranked by its Gross Domestic Product, California s World Ranking, CALIFORNIA DEPARTMENT OF FINANCE, http://www.dof.ca.gov/html/fs_data/latestecondata/fs_misc.htm (last visited June 9, 2013). 5 CAL. HEALTH & SAFETY CODE 38501(e). 6 Id. at 38550. 1

determined the corresponding numeric emission level to be 427 million metric tons of carbon dioxide equivalent of GHG emissions. 7 The 2020 GHG cap represents a 16% reduction from a business as usual emission scenario, which would have been 507 million metric tons of carbon dioxide equivalent. 8 The responsibility for achieving the emission reduction target has been delegated primarily to CARB. 9 Together with the Public Utilities Commission, A.B. 32 requires CARB to cooperate with stakeholders in the business community and civil society and ensure that implementation: (1) minimizes cost and maximizes benefits for California s economy; (2) improves and modernizes California s energy infrastructure; (3) maintains electric system reliability; (4) maximizes environmental and economic co benefits, and (5) complements state efforts to improve air quality. 10 Accordingly, CARB promulgated regulations requiring the reporting and verification of GHG emissions by the largest industrial sources. This will allow future changes in emission levels to be properly tracked. CARB was also charged with developing discrete early actions to reduce greenhouse gases, which resulted in the identification of nine discrete early action measures [related to] landfills, motor vehicle fuels, refrigerants in cars, tire pressure, port operations... and reduction of high [global warming potential] gases in consumer products that became enforceable by January 1, 2010. 11 Since 2007, CARB has also convened an Advisory Committee to advise it on environmental justice issues related to A.B. 32 implementation as well as an Economic and Technology Advancement Advisory Committee to provide recommendations for technologies, research, and GHG emission reduction measures. 12 One of A.B. 32 s most important mandates to CARB was preparation of a scoping plan for achieving maximum technologically feasible and cost effective reductions in greenhouse gas emissions by 2020. 13 The plan, adopted in 2008, provides the outline for actions to reduce greenhouse gases in California and indicates how emission reductions will be achieved from significant greenhouse gas sources via regulations, market mechanisms, and other 7 California Environmental Protection Agency News Release, Air Resources Board, Air Board passes two major building blocks in state's effort to fight global warming, December 6, 2007 available at http://www.arb.ca.gov/newsrel/nr120607.htm. CALIFORNIA AIR RESOURCES BOARD, Climate Change Scoping Plan: A Framework for Change 5 (2008), available at http://www.arb.ca.gov/cc/scopingplan/document/adopted_scoping_plan.pdf. 8 CALIFORNIA AIR RESOURCES BOARD, Supplement to AB 32 Scoping Plan 11 (2011), available at http://www.arb.ca.gov/cc/scopingplan/document/final_supplement_to_sp_fed.pdf. 9 CAL. HEALTH & SAFETY CODE 38510. 10 Id. at 38561. 11 ASSEMBLY 32: GLOBAL WARMING SOLUTIONS ACT, http://www.arb.ca.gov/cc/ab32/ab32.htm (last visited June 9, 2013). 12 Id. 13 CAL. HEALTH & SAFETY CODE 38561. 2

action. 14 The plan is due for an update in 2013 to ensure that California is on track to reach its 2020 goals. 15 The scoping plan sets out several key strategies vital to reducing California s carbon footprint. The focus is on increased energy efficiency and emission reductions from: (1) the cap and trade program; (2) transportation; (3) electricity and energy; (4) industry; (5) high global warming potential gases, e.g., refrigerants; (6) forestry; (7) agriculture; and (8) waste and recycling. 16 Each of these strategies employs a range of regulatory approaches to reduce emissions in the near term and long term. For example, the transportation policy initiative will reduce vehicle GHGs by 30% by 2016, with further reductions in 2017, and a 10% decrease by 2020 of carbon intensive vehicle fuels through a low carbon fuel standard. It also creates efficiency in the movement of goods by regulating delivery and heavy duty trucks. Moreover, this measure incorporates the Sustainable Communities and Climate Protection Act of 2008. This legislation, also referred to as SB 375, directs CARB to set regional targets to reduce emissions through changes in the way we [California s communities] build, plan and develop our cities through better land use planning. 17 SB 375 ensures that local governments are also involved in setting regional targets for GHG reductions. Most national and international attention has focused on California s cap and trade program for GHGs, formally established in 2011. Applicable from January 1, 2012 to December 31, 2020, the program creates a system of market based declining annual aggregate emission limits that covers major sources of emissions such as refineries, power plants, industrial facilities, and transportation fuels. 18 Under the system, allowances, which are tradable permits equal to the emissions allowed under the cap, are distributed by CARB to GHG sources. In turn, the GHG sources must surrender an appropriate number of allowances and offsets equal to their emissions at the end of each compliance period. 19 As the overall enforceable emissions cap declines, the statewide emissions will eventually reach the 2020 target. What is the scope of the carbon cap? The cap and trade program currently covers stationary sources of emissions at or above 25,000 metric tons of carbon dioxide equivalent per year. That includes large industrial facilities and electricity generators and importers, about 350 businesses representing approximately 85% of California s GHG emissions. While the program 14 ASSEMBLY 32: GLOBAL WARMING SOLUTIONS ACT, http://www.arb.ca.gov/cc/ab32/ab32.htm (last visited June 9, 2013). 15 AB 32 SCOPING PLAN, http://www.arb.ca.gov/cc/scopingplan/scopingplan.htm (last visited June 9, 2013). 16 CALIFORNIA AIR RESOURCES BOARD, Facts about California s Climate Plan 1 http://www.arb.ca.gov/cc/cleanenergy/clean_fs2.pdf. 17 Id. 18 Id. 19 Id. 3

began to operate in 2012, however, requirements to comply with emission limits became mandatory for these sources only in 2013. Starting in 2015, smaller sources will also be covered through the coverage of upstream fuel providers, including distributors of transportation fuels and residential and commercial natural gas. 20 In addition to setting a statewide limit, the program establishes a price signal needed to drive long term investment in cleaner fuels and more efficient use of energy... [while also providing] covered entities the flexibility to seek out and implement the lowest cost options to reduce emissions. 21 Over the 2013 to 2020 time period, the carbon cap declines by 2% from the 2012 forecasted GHG emission level for the year 2013, by another 2% for 2014, and then about 3% annually between 2015 and 2020. 22 How do the program s allowances and offset credits work? For large industrial facilities, allowances are provided initially for free, though in later stages of the program allowances must be bought at auctions. In contrast, electric utilities are provided free allowances to benefit ratepayers, i.e. power consumers. Allowances for each industrial sector are set at about 90 percent of average emissions, based on a benchmark that rewards efficient facilities. 23 For electric utilities, allowances are set at 90% of average emissions based on recent data. In addition to regular allowances, offset credits may also be used to fulfill up to 8% of a facility s emission compliance obligations. Such offset credits can be generated by GHG emission reductions or carbon sequestration projects involving forestry, urban forestry, elimination of methane from manure, and destruction of ozone depleting substances. 24 Offset projects are subject to rigorous independent verification requirements and must be located within the United States, though international offset projects are anticipated in the future. What are the program s reporting, verification, and compliance mechanisms? Covered industries are required to report GHG emissions annually and register with CARB for the emission trading market. Reported emissions are verified by independent third party entities. Each compliance period is 2 or 3 years (2013 2014, 2015 2017, and 2018 2020), though allowances sufficient for 30% of the previous year s emissions must be surrendered annually. In the event of an allowance shortfall, a 300% allowance penalty applies. 25 Finally, in addition to ordinary allowance trading, CARB permits banking of allowances to control costs. Banking allows unused emission allowances to be retained between compliance 20 CALIFORNIA AIR RESOURCES BOARD, Overview of ARB Emissions Trading Program 1 (2011), http://www.arb.ca.gov/newsrel/2011/cap_trade_overview.pdf. 21 Id. 22 Id. 23 Id. at 2. 24 Id. 25 Id. 4

periods for use or trade at a later time. CARB also maintains a strategic reserve of allowances that are sold at set prices. This strategic reserve, making up about a total of 120 million allowances, or about 4% of the total emissions until 2020, can currently be purchased by program participants at $40/ton, $45/ton, and $50/ton, with up to 40 million allowances available at each of the three price points. The reserve allocations thus serve as a soft ceiling on the market, should prices rise too quickly too high. However, the price of these reserve allowances will be raised over the course of the program. The most recent auction was held in June 2013 and made allowances designated for the 2013 compliance year available. The settlement price was $14.00 per allowance. 26 Recognizing the global nature of the problem, in April 2013, CARB announced a plan to link California s cap and trade program with the cap and trade program of the province of Quebec, one of Canada s largest provinces, beginning January 1, 2014. 27 Such linkage will essentially accept each other s allowance instruments in satisfaction of program compliance obligations and thus enable allowance trading across the two systems. In addition to engaging its sub national counterparts in Quebec, California is also engaged in sharing its experiences and in cooperation dialogues with regulators and officials in many other parts of the world. Most recently, California Governor Jerry Brown used a trade mission to China to conclude memoranda of understanding with Guangdong Province and China s Ministry of Environmental Protection regarding low carbon development and environmental protection issues. 28 While these cooperative efforts are still new and in the early stages of development, they offer important opportunities for accelerating international understanding and cooperation on climate change related matters. 26 AUCTION INFORMATION, http://www.arb.ca.gov/cc/capandtrade/auction/auction.htm#june2013 (last visited June 9, 2013). 27 See LINKAGE http://www.arb.ca.gov/cc/capandtrade/linkage/linkage.htm (last visited June 9, 203); and see CARB approves linking California's cap and trade program with Quebec's, April 19, 2013, PLATTS, available at http://www.platts.com/rssfeeddetailednews/rssfeed/electricpower/21969801 (last visited June 9, 2013). 28 OFFICE OF GOVERNOR EDMUND G. BROWN JR., Governor Brown Commits to Expanding Cooperation on Trade, Investment and Climate Change with China's Largest Provincial Economy, April 15, 2013, http://www.gov.ca.gov/news.php?id=17999 (last visited June 9, 2013). 5