California’s Climate Policy sets forth a framework to transition to clean energy by setting Greenhouse Gas (GHG) targets and goals through legislation and executive orders for total GHGs (such as Assembly Bill (AB) 32, Senate Bill (SB) 32, AB 1279) or sector targets (such as SB 1383, SB 100). California’s 2022 scoping plan update provides an actionable plan across all sectors to achieve carbon neutrality by 2045 while factoring in land management activities that play a vital role in improving resilience to climate change impacts. These actions include a combination of regulations and incentives (such as Advanced Clean Cars) and projects (such as zero-emission trucks).
SB 905, signed into legislation in 2022, is another step California has taken towards addressing its transition to clean energy. Recognizing that deployment of carbon removal, capture, utilization and sequestration (CCUS) will be critical to achieving GHG targets set for the state, SB 905 provides a regulatory framework that requires:
- By February 1, 2023, the California Natural Resources Agency (CNRA), in consultation with the California Public Utilities Commission (CPUC) “to provide a proposal to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying carbon dioxide fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety”. This has been completed.
- By July 1, 2025, the CNRA, in consultation with the California Air Resources Board (CARB) to “publish a framework for governing agreements requiring two or more tracts of land overlying the same geologic storage reservoir or reservoirs for purposes of managing, developing, and operating a carbon dioxide capture, removal or sequestration project”.
- The Department of Conservation’s California Geological Survey (CGS) to develop a Geologic Carbon Sequestration Group (GCSG) tasked with providing independent expertise and regulatory guidance to CARB.
Next steps on SB905 implementation will include:
- By January 1, 2024, adoption of protocols supporting additional methods of utilization or storage of captured carbon dioxide, including carbon capture for use in products
- By January 1, 2025
- Adoption of regulations for a unified permit application for construction and operation of such projects
- Development of a centralized public database to track deployment of CCUS and CDR technologies and the development of carbon dioxide capture, removal, and sequestration projects across the state
- By July 1, 2025, publishing of a framework for governing agreements regarding tracts of lands associated with geologic resources being considered for carbon dioxide capture, removal, or sequestration.
- Key air provisions for CCUS projects such as air monitoring and consideration of impacts on exposed communities have also been outlined.
Draft frameworks are being targeted to be published for comment by the end of the year 2023 with a goal of publishing the final framework by mid-year 2024.
CARB will be conducting its next virtual public meeting to discuss SB 905’s framework development for governing agreements for geologic storage reservoirs on
September 19, 2023. Additionally, focused workshops including regional in-person engagement will be taking place September through November 2023.
