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5.21 Climate Change

               (California 2010 [p. 1015]). If the Legislature has delegated any of its authority to define
               CEQA’s requirements, it delegated that authority to OPR and not to the Governor’s office.


               Moreover, CARB’s Scoping Plan to implement AB 32 looked beyond 2020 to assess whether
               implementing  the  Scoping  Plan  would  achieve  the  State’s  long-term climate goals and
               determined that it would do the following (CARB 2008a [p. 117]):

               Climate  scientists  tell  us  that  the  2050  target  represents  the  level  of  greenhouse  gas
               emissions that advanced economies must reach if the climate is to be stabilized in the latter
               half of the 21st century. Full implementation of the Scoping Plan will put California on a path
               toward these required long-term reductions. Just as importantly, it will put into place many
               of the measures needed to keep us on that path.


               The 2014 Scoping Plan Update confirms that “California is on track to meet the near-term
               2020  greenhouse  gas  limit  and  is  well  positioned  to  maintain  and  continue  reductions
               beyond 2020 as required by AB 32” and it recognizes the potential for California to “reduce
               emissions by 2030 to levels squarely in line with those needed in the developed world and
               to stay on track to reduce emissions to 80 percent below 1990 levels by 2050” (CARB 2014b,
               p. 2).


               However,  the  2014  Scoping  Plan  Update  also  concludes  that  additional  actions  will  be
               needed to continue reducing emissions and meet the 2050 goals in the face of anticipated
               population  and  economic  growth  (CARB  2014b).  In  fact,    significant  technological
               innovation,  well  beyond  the  scope  of  an  individual  development  project, are absolutely
               necessary components of any plausible path to achieving the EO S-3-05’s 2050 target.  For
               example, CARB  has  concluded  that “California must  transition to  zero  and  near-zero
               emission  transportation  and  freight  movement  technologies”  which  require  expedited
               completing  of  “promising  new  heavy-duty  vehicle  technologies,”  and  to  “encourage
               additional needed technology innovation” CARB proposes to amend some of its regulatory
               requirements.    [https://www.arb.ca.gov/msprog/itr/itr.htm]  Similarly,  in  one  of  several
               reports  CARB’s  Advanced  Technology  to  Meet  California's  Climate  Goals:  Opportunities,
               Barriers & Policy Solutions (CARB, 2009) concludes that “(m)eeting California’s long-term
               GHG goals will require the development and deployment of low and zero GHG advanced
               technologies in addition to the accelerated diffusion of currently available technologies.”

               These new technology innovations to change transportation engine and fuel technology, and
               energy generation and storage technology are generally outside the jurisdiction and control
               of the local government  agency such  as the County. Achieving  these  goals  will  require
               wholesale  shifts  in  fuel  and  energy  technology,  neither  of  which  are  currently  available,
               rendering any further analysis of a given development project’s impacts relative to the 2050
               target too speculative for purposes of determining CEQA significance.

               The Court in the Newhall decision noted that an analysis of goals beyond 2020 may be
               necessary for new development; however, Court noted that the target set by EO S-3-05 and
               the interim goal set in EO B-30-15 (discussed below) were  not required significance criteria
               in  analyzing  impacts  related  to  GHG  emissions  and  climate  change  under  CEQA  for  the
               abovementioned reasons.


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