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Cities Search for Role in SB375 Implementation

Arthur F. Coon

To get from point A to point B with Senate Bill 375 would require the simple addition of more density, public transportation and regional planning.

But the implementation process spelled out under the law leaves out the most important players - the local cities - making it unclear what they ought to do to get in compliance.

"It's true there is a lot of hubbub and discussion about how to reach the goal and some [cities] are starting to plan," said Jonathan Redding, an environmental law partner in the Oakland office of Wendel Rosen Black & Dean LLP. "Some places have the ability to achieve greater reductions than others. But the bottom line is nobody knows. It's a big, black box."

More than a year after the bill's passage, it is difficult to measure how far the state has come when it is unclear to cities where they fit into the lengthy process to determine regional greenhouse gas emissions reduction targets.

"Missing in everything you will see is where does local government fit in," Redding said.

SB375 directs the California Air Resources Board to create the targets. On Nov. 19, the board received the recommendations on those targets from a 21-member committee assembled to propose such recommendations.

Once CARB approves those targets in September 2010, metropolitan planning organizations, such as the Southern California Association of Governments and the Association of Bay Area Governments, must create strategies on meeting those targets.

The desired outcome will be denser development and fewer vehicle miles traveled. The incentive is a streamlined California Environmental Quality Act process.

In some cases, cities such as Irvine are conducting climate action plans and greenhouse gas inventories. However, not every city is doing that because they do not have the resources needed.

"It's an accounting process and it's pretty complex with the bigger cities and counties, but then again they're in a better position to do it with the funding," said Arthur Coon, a shareholder and head of Miller Starr Regalia's sustainable development practice group in the Walnut Creek office. "But with the rural [communities], they're probably not going to have to do it or not be able to do it well."

Coon said each city's approach to SB375 will differ depending on its size and sophistication.

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