Comment Log Display

To the extent that the Proposed First Update to the Climate Change
Scoping Plan (the "Update") purports to administratively initiate
policies, procedures, rules, or criteria for reducing greenhouse
gas emissions in California beyond the levels required to be
achieved by the year 2020 under AB 32, the Update is ultra vires
because it is not authorized by AB 32 or any other statute. 
Reliance on an executive order issued prior to or after the
enactment of AB 32 to initiate action to reduce greenhouse gas
emissions between 2020 and 2050 is misplaced because AB 32 does not
include or authorize any substantive emissions reduction
requirements other than achievement and maintenance of the 2020
greenhouse gas emissions goals.  Because the Update goes beyond the
2020 goals of AB 32, it is improper to refer to it as "Pursuant to
AB 32," as set forth on the title page of the Update.  At most, any
policies, procedures, rules, or criteria set forth in the Update
may be considered as proposals for legislation.  No government
funds are authorized to be spent in an effort to further any such
proposals unless and until authorized by legislation duly signed by
the Governor.  And any effort by CARB or other state agencies to
implement greenhouse gas reduction goals beyond the 2020 goals set
forth in AB 32 without additional legislative authorization is
subject to court challenge because such efforts are and will
continue to be ultra vires administrative acts and, therefore,
void.