December 2017 Board Meeting Agenda

Thursday, December 14, 2017 @ 9:00 a.m.

California Environmental Protection Agency
1001 I Street, Sacramento, California 95814
Coastal Hearing Room, 2nd Floor

This meeting will also be webcast.

Submit written comments
Not all agenda items are available for electronic submittals of written comments.

Discussion Items

The following agenda items may be heard in a different order at the Board meeting.

17-12-3: Public Meeting to Hear an Informational Update on Senate Bill 375 Greenhouse Gas Emissions Reduction Targets

The Board will hear an informational update regarding the status of the regional target update process for California's Metropolitan Planning Organizations (MPO) required by the Sustainable Communities and Climate Protection Act of 2008 (Senate Bill 375). Senate Bill 375 requires the Board to establish regional greenhouse gas emissions reduction targets for all 18 MPOs in California and to update those targets every eight years. The targets were initially established in 2010 and must be updated in 2018. The Board will not vote on targets at this meeting; Staff’s proposed updated targets will be brought to the Board for a vote in 2018.

17-12-1: Public Meeting to Consider the 2017 Climate Change Scoping Plan Update

Spanish translation will be provided at the Board Meeting for this item, Item 17-12-1.

The Board will consider approving the 2017 Climate Change Scoping Plan Update (Update) along with the Environmental Analysis (EA) prepared for the Update and written responses to environmental comments received on the EA. The Update describes the State's proposed strategy for achieving California's 2030 greenhouse gas target pursuant to Senate Bill 32, Assembly Bill 197, and Assembly Bill 398. The strategy includes extending the Cap-and-Trade program post-2020, implementation of the Short-Lived Climate Pollutant Plan and Mobile Source Strategy, and increasing renewable energy generation and improving energy efficiency end use. This is the last of three Board hearings on this item.

17-12-4: Public Meeting to Consider the Proposed Fiscal Year 2017-18 Funding Plan for Clean Transportation Incentives

The Board will consider approving the Proposed Fiscal Year 2017-18 Funding Plan for Clean Transportation Incentives. The plan describes proposed investments from four related funding sources: the Low Carbon Transportation Program funded with Cap-and-Trade auction proceeds; the Air Quality Improvement Program; one-time Volkswagen settlement funding for the zero emission vehicle aspects of vehicle replacement programs; and one-time funding for the Zero/Near Zero Emission Warehouse Program. These programs provide incentives for clean vehicle and equipment projects to reduce greenhouse gas emissions and air pollution with a priority on benefiting disadvantaged and low-income communities and low-income households. Staff's proposal builds on investments from previous funding cycles by continuing incentives for zero-emission and plug-in passenger cars, clean trucks and buses, and advanced technology freight projects. The plan also includes a three-year strategy for heavy‑duty vehicle investments to guide these funding decisions

Closed Session

The Board may hold a closed session, as authorized by Government Code section 11126(e), to confer with, and receive advice from, its legal counsel regarding the following pending or potential litigation, and as authorized by Government Code section 11126(a):

American Fuels and Petrochemical Manufacturers, et al. v. Jane O’Keeffe, et al.,U.S. District Court (D. Ore. Portland), Case No. 3:15-CV-00467; Plaintiffs’ appeal, U.S. Court of Appeals, Ninth Circuit, Case No. 15-35834.

California et al. v. U.S. Department of Transportation et al., United States District Court, Northern District of California, Case No. 4:17-CV-05439.

In re La Paloma Generating Company, LLC, U.S. Bankruptcy Court, District of Delaware, Case No.16-bk-12700.

Mexichem Fluor Inc. v. United States Environmental Protection Agency et al., U.S. Court of Appeals, District of Columbia Circuit, Case Nos. 15-1328 and 15-1329.

POET, LLC, et al. v. California Air Resources Board, et al.,Superior Court of California (Fresno County), Case No. 09CECG04659; plaintiffs’ appeal, California Court of Appeal, Fifth District, Case No. F064045; California Supreme Court, Case No. S213394 [remanded to trial court]; plaintiff’s appeal of trial court order discharging peremptory writ of mandate, Court of Appeal, Fifth District, Case No. F073340.

POET, LLC, et al. v. California Air Resources Board, et al.,Superior Court of California (Fresno County), Case No. 15CECG03380.

Rocky Mountain Farmers Union, et al. v. Corey, U.S. District Court (E.D. Cal. Fresno), Case No. 1:09−CV−02234−LJO−DLB; ARB interlocutory appeal, U.S. Court of Appeals, Ninth Circuit, Case No. 12-15131 [remanded to trial court].

American Fuels and Petrochemical Manufacturers, et al. v. Corey, et al.,U.S. District Court (E.D. Cal. Fresno), Case No. 1:10-CV-00163-AWI-GSA; ARB’s interlocutory appeal, U.S. Court of Appeals, Ninth Circuit, Case No. 10-CV-00163 [remanded to trial court].

Sowinski v. California Air Resources Board, et al.,U.S. District Court, Central District of California, Case No. 8:15-CV-02123.

State of New York, et al. v. United States Environmental Protection Agency et al.,U.S. Court of Appeals, District of Columbia Circuit, Case No. 17-1185.

State of North Dakota, et al. v. United States Environmental Protection Agency,U.S. Court of Appeals, District of Columbia Circuit, Case No. 16-1242.

State of North Dakota v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 15-1381.

State of West Virginia et al. v. United States Environmental Protection Agency,U.S. Court of Appeals, District of Columbia Circuit, Case No. 15-1363.

State of Wyoming, et al. v. United States Department of the Interior, et al., U.S. District Court, District of Wyoming, Case No. 16-CV-285-SWS.

Adam Brothers Farming, Inc. v. California Air Resources Board, et al.,Santa Barbara County Superior Court, Case No. 15 CV04432.

Alliance for California Business v. California Air Resources Board, et al.,Glenn County Superior Court, Case No. 13CV01232; plaintiffs’ appeal, Court of Appeal, Third District, Case No. C082828.

Alliance for California Business v. California State Transportation Agency, et al.,Sacramento County Superior Court, Case No. 34-2016-80002491.

American Coatings Association, Inc. v. State of California and California Air Resources Board, Sacramento County Superior Court, Case No. 04CS01707.

Jack Cody dba Cody Transport v. California Air Resources Board, et al.,Sacramento Superior Court, Case No. 34-2015-80002116; plaintiff’s appeal, Court of Appeal, Third District, Case No. C083083.

Dalton Trucking, Inc. v. United States Environmental Protection Agency,U.S. Court of Appeals, District of Columbia Circuit, Case No. 13-1283 (dismissed), U.S. Court of Appeals, Ninth Circuit, Case No. 13-74019.

John R. Lawson Rock& Oil, Inc. et al. v. California Air Resources Board et al.,Fresno County Superior Court, Case No. 14-CECG01494; ARB’s appeal, Court of Appeal, Fifth District, Case No. F074003.

Murray Energy Corporation v. United States Environmental Protection Agency,U.S. Court of Appeals, District of Columbia Circuit, Case No. 15-1385.

Truck Trailer Manufacturers Association, Inc. v. United States Environmental Protection Agency, et al., U.S. Court of Appeals, District of Columbia Circuit, Case No. 16-1430.

California Air Resources Board v. BP West Coast Products LLC,Contra Costa County Superior Court, Case No. C12-00567.

California Air Resources Board v. SSA Containers, Inc.,Los Angeles County Superior Court, Case No. BC628573 and No. BC628722.

California Air Resources Board v. Adam Brothers Farming Inc.,Santa Barbara County Superior Court, Case No. 16CV01758.

People v. Southern California Gas Company, Los Angeles Superior Court, Case No. BC 602973.

In re: Volkswagen "Clean Diesel" MDL, United States District Court, Northern District of California, Case No. 15-MD-2672-CRB (JSC).

Mahan v. California Air Resources Board, Sacramento County Superior Court, Case No. 34-2016-80002416.

Opportunity for Members of the Board to Comment on Matters of Interest

Board members may identify matters they would like to have noticed for consideration at future meetings and comment on topics of interest; no formal action on these topics will be taken without further notice.

Open Session to Provide an Opportunity for Members of the Public to Address the Board on Subject Matters within the Jurisdiction of the Board

Although no formal Board action may be taken, the Board is allowing an opportunity to interested members of the public to address the Board on items of interest that are within the Board’s jurisdiction, but that do not specifically appear on the agenda. Each person will be allowed a maximum of three minutes to ensure that everyone has a chance to speak.

Other Information

Transit Information

Sacramento Regional Transit
(916) 321-BUSS
www.sacrt.com

This facility is accessible by public transit and is accessible to persons with disabilities.

Submitting a Presentation

No outside memory sticks or other external devices may be used at any time with the Board audio/visual system or any CARB computers. Therefore, PowerPoint presentations to be displayed at the Board meeting must be electronically submitted via email to the Clerk of the Board no later than noon on the business day prior to the scheduled Board meeting.

For more information contact the Clerk of the Board
1001 I Street, 23rd Floor, Sacramento, California 95814
(916) 322-5594

Special Accommodation Request

Consistent with California Government Code Section 7296.2, special accommodation or language needs may be provided for any of the following:

An interpreter to be available at the hearing;
Documents made available in an alternate format or another language;
A disability-related reasonable accommodation.

To request these special accommodations or language needs, please contact the Clerk of the Board at (916) 322-5594 or by facsimile at (916) 322-3928 as soon as possible, but no later than 7 business days before the scheduled Board hearing. TTY/TDD/Speech to Speech users may dial 711 for the California Relay Service.

Acomodación Especial

Consecuente con la sección 7296.2 del Código de Gobierno de California, una acomodación especial o necesidades lingüísticas pueden ser suministradas para cualquiera de los siguientes:

Un intérprete que esté disponible en la audiencia
Documentos disponibles en un formato alterno u otro idioma
Una acomodación razonable relacionados con una incapacidad

Para solicitar estas comodidades especiales o necesidades de otro idioma, por favor llame a la oficina del Consejo al (916) 322-5594 o envié un fax a (916) 322-3928 lo más pronto posible, pero no menos de 7 días de trabajo antes del día programado para la audiencia del Consejo. TTY/TDD/Personas que necesiten este servicio pueden marcar el 711 para el Servicio de Retransmisión de Mensajes de California.