Comment Log Display

Nothing in the California Global Warming Solutions Act of 2006 ("AB
32") or elsewhere provides CARB with the legal authority to impose
greenhouse gas emissions limitations beyond those required by
California Health & Safety Code Section 38550.  Specifically,
Section 38550 authorizes CARB to impose by 2020 statewide
greenhouse gas emissions limitations equivalent to the level of
greenhouse gas emissions in California as of 1990. 

Before CARB may impose any greenhouse gas emissions limitations
beyond the 1990 emissions level, CARB is first required to "make
recommendations to the Governor and the Legislature on how to
continue reductions of greenhouse gas emissions beyond 1990,"
pursuant to Health & Safety Code 38551(c).  According, Health and
Safety Code 38551(c) displaces any aspect of Executive Order S-3-05
that addresses greenhouse gas emissions reductions after 2020,
specifically including any aspects of Executive Order S-3-05 that
addresses greenhouse gas emissions targets for 2050.  

Therefore, any aspect of the 2013 Amendments to the 2008 Scoping
Plan that sets forth goals for emissions reductions beyond 2020 is
ultra vires and beyond the authority of CARB or any other
California administrative agency to the extent that they constitute
anything other than recommendations to the Governor and the
legislature under Health & Safety Code 38551(c).  In short, CARB is
not authorized to implement binding emissions targets beyond 2020
without future duly enacted legislation,  based upon
recommendations by CARB made pursuant to Health & Safety Code
38551(c), duly authorizing same.