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arbcombo -- Public Workshop for Volkswagen Environmental Mitigation Trust for California

Posted: 20 Sep 2017 15:15:14
The California Air Resources Board (CARB or Board) invites you to
participate in a public workshop on Monday, October 9, 2017, on
developing a Beneficiary Mitigation Plan for California’s $423
million allocation of the Volkswagen (VW) Environmental
Mitigation Trust (Mitigation Trust).  The VW Mitigation Trust is
a component of a partial settlement with VW resulting from its
use of illegal defeat devices in certain 2.0-liter and 3.0-liter
model year 2009 to 2016 diesel cars sold in the State.  The
Mitigation Trust is enumerated in a Partial Consent Decree as
Appendix D.  

The workshop will be held at the following date, time, and
location:

Date: Monday, October 9, 2017
Time: 9:00 a.m. to 4:00 p.m. (PST)
Location: Cal/EPA Headquarters
Byron Sher Auditorium, Second Floor
1001 I Street
Sacramento, California  95814

During the workshop, staff will discuss and seek input on factors
for developing California’s Beneficiary Mitigation Plan to guide
VW Mitigation Trust monies in California, including:  

• Guiding principles for the use of the Mitigation Trust funds. 
• Potential eligible mitigation action categories to consider for
funding. 
• The process for administering mitigation action projects. 
• Implementing Legislative direction (Senate Bill 92) on
providing benefits to low-income and disadvantaged communities. 


For more information on this workshop, see the detailed workshop
notice at
https://www.arb.ca.gov/msprog/mailouts/msc1715/msc1715.pdf.  If
you have questions regarding the workshop, please contact Lisa
Williams at (916) 324-7582 or lisa.williams@arb.ca.gov. 

Interested members of the public may also submit comments
throughout the Beneficiary Mitigation Plan development process
either by postal mail or electronically.  

Postal mail:                         

Ms. Lisa Williams
California Air Resources Board, Mailstop 5B
P.O. Box 2815
Sacramento, California  95812-2815

Electronic submittal: 
https://www.arb.ca.gov/lispub/comm2/bcsubform.php?listname=vw-mititrust-pl-ws&comm_period=1


A new email listserv has been established for the VW
Environmental Mitigation Trust for California.  To continue to
receive notices regarding this subject, please subscribe to the
“vw-mititrust” listserv at
https://www.arb.ca.gov/listserv/listserv_ind.php?listname=vw-mititrust.

Background:  
In October 2016, the United States District Court for the
Northern District of California approved a Partial Consent Decree
(first Consent Decree) pertaining to the subject 2.0 liter VW
diesel cars.  A second Partial Consent Decree was approved by the
Court in May 2017 that pertains to the subject 3.0-liter diesel
cars and augments the first Consent Decree.  The Consent Decrees
partially resolve Clean Air Act and California state claims
against VW for equipping its 2.0-liter and 3.0-liter diesel
vehicles with defeat devices.  The Mitigation Trust is enumerated
in the first Partial Consent Decree as Appendix D.  Appendix D is
intended to mitigate past and future excess NOx emissions from
the subject vehicles.  Under the terms of the Consent Decree, VW
must pay about $3 billion ($423 million for California) into a
mitigation trust over a three-year period for eligible mitigation
actions that consist mostly of scrap-and-replace projects,
including supportive infrastructure for zero- and near
zero-emission advanced technology replacements, for the
heavy-duty sector.  Before the State can expend any Trust funds,
it must develop and submit to the Trustee, Wilmington Trust,
N.A., a Beneficiary Mitigation Plan that describes the eligible
mitigation actions to be funded; the recommended allocation
percentages; the estimated emission benefits; and a consideration
of potential impacts of the eligible mitigation actions on air
quality in areas that bear a disproportionate share of the air
pollution burden.  In addition to the Consent Decree
requirements, Senate Bill (SB) 92, passed in June 2017, further
directs how California’s Mitigation Trust funds in Appendix D are
to be spent.  The legislation directs the designated Lead Agency
for the Mitigation Trust to strive to ensure that at least 35
percent of California’s allocation benefit low-income or
disadvantaged communities that are disproportionately impacted by
air pollution.  SB 92 also requires the Lead Agency – which the
Governor has indicated will be CARB – to strive to ensure that
the expenditures align with the state’s priorities and provide
for public transparency before approval.


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