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3.0 ENVIRONMENTAL CHECKLIST <br />City of San Leandro 1388 Bancroft Avenue Project <br />November 2018 Initial Study/Mitigated Negative Declaration <br />3.0-35 <br />REGULATORY FRAMEWORK <br />STATE <br />The State of California has adopted various administrative initiatives and legislation relating to <br />climate change, much of which set aggressive goals for GHG emissions reductions in the state. Although lead agencies must evaluate climate change and greenhouse gas emissions of projects, the State CEQA Guidelines do not require or suggest specific methodologies for <br />performing an assessment or specific thresholds of significance and do not specify GHG reduction <br />mitigation measures. Instead, the guidelines allow lead agencies to choose methodologies and make significance determinations based on substantial evidence, as discussed in further detail <br />below. In addition, no state agency has promulgated binding regulations for analyzing GHG <br />emissions, determining their significance, or mitigating significant effects in CEQA documents. <br />Thus, lead agencies exercise their discretion in determining how to analyze GHGs. <br />California Global Warming Solutions Act (Assembly Bill 32) <br />The primary laws that have driven GHG regulation and analysis in California include the California <br />Global Warming Solutions Act of 2006 (Assembly Bill [AB] 32) (Health and Safety Code Sections <br />38500, 38501, 28510, 38530, 38550, 38560, 38561–38565, 38570, 38571, 38574, 38580, 38590, 38592–38599), which instructs the California Air Resources Board to develop and enforce regulations for <br />reporting and verifying statewide GHG emissions. The act directed CARB to set a greenhouse gas <br />emissions limit based on 1990 levels, to be achieved by 2020. The bill set a timeline for adopting a <br />scoping plan for achieving GHG reductions in a technologically and economically feasible manner. The heart of the bill is the requirement that statewide GHG emissions be reduced to 1990 <br />levels by 2020. <br />Climate Change Scoping Plan <br />CARB adopted the first Scoping Plan (AB 32 Scoping Plan) in December 2008 to identify how the state would achieve the goals of AB 32. The Scoping Plan establishes an overall framework for the <br />measures that will be adopted to reduce California’s GHG emissions. CARB determined that <br />achieving the 1990 emissions level would require a reduction of GHG emissions of approximately <br />29 percent below what would otherwise occur in 2020 in the absence of new laws and regulations (referred to as “business as usual”). The Scoping Plan evaluates opportunities for sector-specific <br />reductions, integrates all CARB and Climate Action Team early actions and additional GHG <br />reduction measures by both entities, identifies additional measures to be pursued as regulations, and outlines the role of a cap-and-trade program. Additional development of these measures <br />and adoption of the appropriate regulations occurred through the end of year 2013. <br />Key elements of the first Scoping Plan (CARB 2008) included: <br />• Expanding and strengthening existing energy efficiency programs, as well as building and appliance standards. <br />• Achieving a statewide renewables energy mix of 33 percent. <br />• Developing a California cap-and-trade program that links with other Western Climate <br />Initiative partner programs to create a regional market system and caps sources contributing 85 percent of California’s GHG emissions.