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Friday, September 27, 2024

California legislature passes environmental bills amid special session controversy

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Dr. Michael Drake, President | Official website

Dr. Michael Drake, President | Official website

A series of environmental bills passed the California Legislature before the legislative session ended on Saturday, Aug. 31. These bills now await Gov. Gavin Newsom’s approval. In an unexpected development, Newsom has called for a special session to address gas prices this fall, but the Senate president pro tempore has refused to convene it. Two UCLA environmental law experts believe this situation will spark further discussion about Newsom’s initiative to lower gas prices through increased oil refinery oversight.

Below are insights from two legislative observers, UCLA environmental lawyer Julia Stein and UCLA energy law researcher Denise Grab:

Stein remarked, “There are questions about whether the Senate president pro tempore can actually refuse to convene the special session if the governor calls it, and arguments about the legal authority on each side. I think we’ll continue to hear discussion about whether a special session will convene around oil refinery oversight, gas prices and utility-bill prices.”

Grab commented, “The so-called ‘energy affordability package’ feels more like a ‘special interest package.’ Energy affordability is a huge issue in California due to costs including wildfire prevention, the need to expand transmission infrastructure, and low credit ratings for various utility agencies. But the bills we got this year wouldn’t address the root causes. One that didn’t pass would have paid for a small, one-time rebate of $30–$70 per household by getting rid of popular programs that upgrade school heating and air conditioning systems and resiliency programs for low-income communities.”

Stein highlighted an EV-related bill now on the governor’s desk: “The UCLA law clinic contributed to SB 615 by Sen. Ben Allen. It would create a program that requires the supplier of an EV battery take responsibility for reusing or recycling the product at the end of its lifecycle. This extended producer-responsibility program is especially important for EV batteries because they have really valuable component parts made of critical minerals whose mining creates huge impacts for nearby communities and the environment. We’re making sure those materials are being repurposed, reused or recycled.”

Grab noted efforts related to state clean-energy programs: “There seems to be an effort to align state clean-energy programs with the Inflation Reduction Act to make sure that money gets out quickly before a potential Trump administration can try to dismantle it. I think bills streamlining approval of hydrogen facilities and other clean-energy projects were designed with that in mind.”

Stein also discussed another bill: “The law currently requires utilities to provide natural gas service even when customers don’t really need it anymore. That makes it complicated to decommission gas infrastructure to electrify homes. SB 1221 would allow up to 30 pilot neighborhoods identified by the state as good candidates for decommissioning gas service and going all-electric. This could be a valuable way to test transitioning away from gas infrastructure.”

She concluded by addressing future challenges: “There are so many pressures and costs facing utilities in coming years. As climate impacts worsen, as a state we need to figure out how to deal with rising consumer costs.”

Media outlets are encouraged to quote Stein and Grab’s comments or reach out for additional commentary related to these and other California climate and energy bills.

Julia Stein is an expert on environmental litigation, regulations, and legislation at UCLA School of Law's Emmett Institute on Climate Change and Environment where she teaches environmental law.

Denise Grab is an energy law researcher at UCLA School of Law's Emmett Institute on Climate Change and Environment.

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