Sustainable Communities and Climate Protection Act of 2008
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| Sustainable Communities and Climate Protection Act of 2008 | |
|---|---|
 Original uploader was Zscout370 at en.wikipedia · Public domain · source | |
| Name | Sustainable Communities and Climate Protection Act of 2008 |
| Enacted by | California State Legislature |
| Signed by | Arnold Schwarzenegger |
| Date signed | 2008 |
| Citation | California Health and Safety Code § 38500 et seq. |
| Status | current |
Sustainable Communities and Climate Protection Act of 2008 The Sustainable Communities and Climate Protection Act of 2008 is a California statute that established statewide targets and programs to reduce greenhouse gas emissions within California. It directed state agencies such as the California Air Resources Board and the California Department of Transportation to coordinate with local governments like Los Angeles and San Francisco to align land use and transportation planning with the goals of national and international efforts exemplified by Kyoto Protocol and the initiatives of organizations like the United Nations Framework Convention on Climate Change. The Act influenced regional planning bodies including the Metropolitan Transportation Commission and the Southern California Association of Governments.
Background and Legislative History
Authored amid debates involving figures such as Arnold Schwarzenegger, Gavin Newsom, and policy advisors from institutions like the Natural Resources Defense Council and The Nature Conservancy, the Act built on precedents including Assembly Bill 32 and emissions targets set by the California Air Resources Board. Legislative negotiations involved committees of the California State Senate and the California State Assembly and drew testimony from representatives of Sierra Club and the League of California Cities. External influences included research from the Intergovernmental Panel on Climate Change and examples from international agreements such as the Paris Agreement conceptually, while implementation patterns echoed planning practices from regions like Portland, Oregon and Vancouver, British Columbia.
Key Provisions
The Act required the California Air Resources Board to set regional greenhouse gas reduction targets for passenger vehicle miles traveled and coordinate with jurisdictions including Los Angeles County and Alameda County to prepare Sustainable Communities Strategies administered by agencies such as the California Department of Housing and Community Development and the California Environmental Protection Agency. It linked funding mechanisms like programs administered by the California Transportation Commission to performance metrics used by regional councils including the Metropolitan Transportation Commission and the Sacramento Area Council of Governments. The statute created compliance pathways involving local planning authorities like the City of San Diego and enforcement roles for bodies such as the California Attorney General.
Implementation and Regulatory Framework
Implementation relied on rulemaking by the California Air Resources Board and coordination among agencies including the California Department of Transportation, the Office of Planning and Research, and regional entities like the Association of Bay Area Governments. The regulatory framework integrated federal programs such as the United States Environmental Protection Agency guidance and state funding streams like cap-and-trade revenues overseen by the California Department of Finance. Metrics and tools used for implementation were developed in collaboration with academic institutions such as the University of California, Berkeley and Stanford University, and consulting firms that advise entities like the Metropolitan Planning Organization networks.
Legal Challenges and Litigation
The Act’s mandates prompted litigation involving plaintiffs including County of Santa Clara and advocacy groups like the California Building Industry Association, with cases heard in state courts and appeals including filings before the California Supreme Court and federal venues influenced by jurisprudence from cases involving National Association of Home Builders and Friends of the Earth. Legal disputes often centered on statutory interpretation, administrative rulemaking by the California Air Resources Board, and the intersection with property law adjudicated in courts such as the California Court of Appeal. Precedent from cases involving Assembly Bill 32 and litigation strategies employed by organizations like the Pacific Legal Foundation informed many filings.
Impacts and Effectiveness
Evaluations by entities including the Public Policy Institute of California and research centers at University of California, Los Angeles measured outcomes in reduced vehicle miles traveled and emissions trends reported by the California Air Resources Board. Regional planning initiatives in areas such as the San Francisco Bay Area and Los Angeles County produced Sustainable Communities Strategies that linked land use and transportation investments, with funding allocated by the California Infrastructure and Economic Development Bank and monitored by agencies including the Legislative Analyst's Office. Comparative analyses referenced practices from New York City and London to assess mobility and emissions impacts.
Criticism and Political Response
Critics from groups like the California Building Industry Association and some county supervisors in regions such as San Diego County argued the Act constrained local control and increased housing costs, while proponents including Environmental Defense Fund and the Sierra Club highlighted climate benefits and alignment with standards promoted by World Resources Institute. Political responses included amendments and companion bills debated in the California State Legislature, advocacy campaigns by elected officials such as members of the California Congressional delegation, and lobbying from organizations like the California Chamber of Commerce.
Related Policies and Successor Legislation
The Act interacts with predecessor and successor measures including Assembly Bill 32, companion statutes in the California Global Warming Solutions Act framework, and subsequent planning laws advanced by legislators associated with California State Senate leadership. Federal-state dynamics involved programs of the United States Department of Transportation and regulatory developments at the Environmental Protection Agency. Regional initiatives and successor policies drew on models from jurisdictions like Oregon and British Columbia in integrating land use, housing policy, and transportation planning.