November 2018 Board Meeting Agenda
November 15 & 16, 2018, Board Meeting
California Environmental Protection Agency
1001 I Street, Sacramento, California 95814
Byron Sher Auditorium, 2nd Floor
This meeting will also be webcast.
Submit written comments
Not all agenda items are available for electronic submittals of written comments.
Thursday, November 15, 2018 @ 9:00 a.m.
Consent Calendar
The following items on the consent calendar will be presented to the Board immediately after the start of the public meeting, unless removed from the consent calendar either upon a Board member’s request or if someone in the audience wishes to speak on them.
18-9-1: Public Meeting to Consider the Ozone Attainment Plan for Western Nevada County
The Board will consider adopting the Ozone Attainment Plan for Western Nevada County as a revision to the California State Implementation Plan. The revisions address requirements that California demonstrate how Western Nevada County will attain the 2008 75 ppb 8-hour ozone standard by 2021 and satisfy other Clean Air Act requirements for control measures, air quality modeling analysis, reasonable further progress, transportation conformity, and contingency measures.
More Information Proposed Resolution
Discussion Items
The following agenda items may be heard in a different order at the Board meeting.
The agenda order noted below was revised on 11/6/18.
18-9-3: Public Meeting to Hear an Informational Update on The Mobile Source Program: A Vision for Minimizing Real-World Emissions
The Board will hear an update on how staff are updating existing programs and developing future programs to better ensure vehicles are designed, built, and operated to minimize emissions throughout the vehicle's life.
More Information Staff Presentation
18-9-4: Public Hearing to Consider Proposed Revisions to On Board Diagnostic System Requirements, Including the Introduction Of Real Emissions Assessment Logging, for Heavy Duty Engines, Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines
The Board will consider amendments to the heavy-duty (HD) On Board Diagnostic (OBD) and medium-duty OBD II requirements to update the monitoring requirements for gasoline and diesel vehicles, to require more data parameters to be tracked and reported by the engine/vehicle, and to clarify and improve the regulation where necessary. Staff is also proposing to update the associated HD OBD enforcement regulation to align with the proposed changes to the HD OBD regulation and to modify the manufacturer self-testing requirements.
More Information Staff Presentation
18-9-9: Public Hearing to Consider Proposed Amendments to the Regulation for the Mandatory Reporting of Greenhouse Gas Emissions
Spanish translation will be provided at the Board Meeting for this item, Item 18-9-9.
The Board will hear staff’s proposed amendments to the Regulation for the Mandatory Reporting of Greenhouse Gas (GHG) Emissions. The proposed amendments are targeted revisions to clarify the existing regulation related to how entities report their GHG emissions to support the Cap-and-Trade program, and to ensure the data that are collected for CARB’s climate change programs are complete and accurate. The public comments for this item will be combined for purposes of the Board hearing with item 18-9-10. This hearing will be the first of two planned Board hearings on this proposal.
More Information Staff Presentation
18-9-10: Public Hearing to Consider the Amendments to the California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms Regulation
Spanish translation will be provided at the Board Meeting for this item, Item 18-9-10.
The Board will hear staff's proposal for Cap-and-Trade Regulation amendments to conform with the requirements in Assembly Bill 398, respond to Board direction in Resolution 17-21, and enhance Program implementation and oversight. Specifically, the proposed amendments include changes to free allocation for minimizing leakage and transition assistance, offsets usage limits and criteria related to direct environmental benefits to the state, and cost containment, among others. The public comments for this item will be combined for purposes of the Board hearing with item 18-9-9. This hearing will be the first of two planned board hearings on this proposal.
More Information Staff Presentation
18-9-5: Public Meeting to Hear an Informational Update on Reducing Emissions from Small Off-Road Engines: Operator Exposure, Health Risks, and Pathways to Zero Emissions
The Board will hear an update on small off-road engines, which are primarily used in lawn and garden equipment. The update will discuss incentive programs, case studies, and potential approaches to converting California’s small off-road engine fleet to zero-emission equipment. Staff will also present an update on compliance testing results for model year 2015-2017 engines and a summary of findings from a recent exposure study, including estimates of potential maximum incremental cancer risk, underscoring the importance of reducing emissions.
More Information Staff Presentation
18-9-2: Public Meeting to Hear the 2018 Legislative Update
The California Air Resources Board Legislative Office will present a review of air quality and climate legislation from the second year of the 2017-2018 Legislative Session.
More Information Staff Presentation
Friday, November 16, 2018 @ 8:30 a.m.
Discussion Items
18-9-8: Public Meeting to Hear an Informational Update on the Natural and Working Lands Implementation Plan
The Board will hear an update on the development of the Natural and Working Lands Implementation Plan and the 2030 intervention-based goal for carbon sequestration and avoided greenhouse gas emissions in the sector. The 2017 Climate Change Scoping Plan identifies a preliminary goal and directs the California Air Resources Board, the California Environmental Protection Agency, the California Natural Resources Agency, and California Department of Food and Agriculture to refine the goal and develop the Implementation Plan to evaluate and identify actions to meet it.
More Information Staff Presentation
18-9-6: Public Meeting to Consider Endorsement of the California Tropical Forest Standard
Spanish and Portuguese translation will be provided at the Board Meeting for this item, Item 18-9-6.
The Board will consider endorsing a California Tropical Forest Standard that would specify criteria to assess jurisdictional sector-based offset crediting programs that reduce emissions from tropical deforestation. The Standard could be used by jurisdictions that are taking action to reduce Greenhouse Gas emissions from tropical deforestation as well as for potential future inclusion within a Cap-and-Trade Program. Endorsement of the proposed standard would not result in any regulatory amendments to the California Cap-and-Trade Regulation, any immediate linkage with any jurisdiction, or in any tropical forest offset credits being eligible for use in the California Cap-and-Trade Program, without a future regulatory amendment process.
More Information Staff Presentation
18-9-7: Public Meeting to Present the Revised Draft Cap-and-Trade Auction Proceeds Third Investment Plan
Spanish translation will be provided at the Board Meeting for this item, Item 18-9-7.
The Board will hear the proposed Third Investment Plan for Cap-and-Trade Auction Proceeds. The Plan identifies priority investments for California Climate Investments to help achieve the State's greenhouse gas reduction goals; invest in disadvantaged and low-income communities; and provide other economic, public health, and environmental benefits. The Department of Finance will submit the Plan to the Legislature, as required by Assembly Bill 1532.
More Information Staff Presentation
18-9-11: Public Meeting to Consider Electrify America's Cycle 2 Zero Emission Vehicles Investment Plan
Electrify America, a subsidiary of Volkswagen (VW), is responsible for implementing the Zero Emission Vehicle (ZEV) Investment commitment required as part of the VW Diesel Settlement. The ZEV Investment commitment requires investment in ZEV market support activities like infrastructure and public awareness. The Board will hear a staff assessment of Electrify America's Cycle 2 ZEV Investment Plan and decide whether to approve or disapprove it, in whole or in part.
More Information Staff Presentation
Closed Session
The Board will 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 Air Resources Board v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 18-1085.
Electric Power Supply Association, et al. v. Star, et al.,U.S. Court of Appeals, Seventh Circuit, Case No. 17-2445.
POET, LLC, et al. v. California Air Resources Board, et al., Fresno County Superior Court, 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., Fresno County Superior Court, 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; Orange County Superior Court, Case No. 30-2018-00970852-CU-IP-CXC.
State of California, et al. v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 18-1114.
State of California, et al. v. United States Bureau of Land Management, et al., U.S. District Court, Northern District of California Circuit, Case No. 3:17-cv-07186-WHO.
State of New York, et al. v. United States Environmental Protection Agency, U.S. District Court, District of Columbia, Case No. 1:18-cv-00773.
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.
The Two Hundred, et al. v. California Air Resources Board, et al., Fresno County Superior Court, Case No. 18CECG01494.
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.
Valero Refining Co. California v. Hearing Board of the Bay Area Air Quality Management District et al., Court of Appeal, First Appellate District, Case No. A151004.
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.
State of California, et al. v. United States Environmental Protection Agency et al., U.S. District Court, Northern District of California, Oakland Division, Case No. 4:17-cv-6936-HSG.
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.
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).
Friends of Oceano Dunes, Inc. v. California Coastal Commission, et al., San Luis Obispo County Superior Court, Case No. 17CV-0576; U.S. District Court for the Central District of California, Case No. 2:17-cv-8733.
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.