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TheCorporateCounsel

TheCorporateCounsel.net

A basis for research and practical guidance focusing on federal securities laws, compliance & corporate governance.

DealLawyers

DealLawyers.com

An educational service that provides practical guidance on legal issues involving public and private mergers & acquisitions, joint ventures, private equity – and much more.

CompensationStandards

CompensationStandards.com

The “one stop” resource for information about responsible executive compensation practices & disclosure.

Section16.net

Section16.net

Widely recognized as the premier online research platform providing practical guidance on issues involving Section 16 of the Securities Exchange Act of 1934 and all of its related rules.

PracticalESG

PracticalESG.com

Keeping you in-the-know on environmental, social and governance developments

The California Air Resources Board (CARB) voted last week to substantially change the state’s cap and invest program. The program requires GHG emitters to purchase allowances and reinvests those funds into climate projects across the state. In a press release, CARB lists the following substantive changes:

  • “Establishes more stringent allowance budgets to align with the 2030 and 2045 climate targets​: Guarantees the removal of 118 million allowances from allowance budgets, resulting in an 11% cap decline year-over-year for this decade and an average of 7% from 2031 to 2045.
  • Dedicates 80% of allowances to directly benefit Californians: Provides $10 billion for electricity bill credits and maintains an estimated $8 billion for the Greenhouse Gas Reduction Fund.
  • Stronger support for California businesses and jobs: Doubles the Manufacturing Decarbonization Incentive Fund to $4 billionto support investment in California and help make up for the loss of federal incentives. Eligible entities include manufacturers – food processors, cement plants, and refiners, who make large investment upgrades that reduce emissions at their facilities and reduce future compliance costs.
  • $800 million in added compliance support for industry: Enhances near-term stability, supports California businesses and jobs, and ensures no additional cost passthrough at the pump for consumers.”

Not everyone is happy with the changes. The new rules have been criticized by climate activists. They argue that the new rules ease costs for in-state refiners and offer substantial subsidies to fossil fuel companies. California answers these criticisms by citing the cost of living. Estimates indicated that before the overhaul, the cap and invest program would add $1 per gallon to the price of gas by 2030. After the changes, no increase is projected. This is a growing theme as we see climate ambitions scaled back globally. Earlier this year, New York shrunk its climate ambitions. New York also attributed its rollbacks to cost-of-living increases.

Our members can learn more about carbon management regulations here.

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The Editor

Zachary Barlow is a licensed attorney. He earned his JD from the University of Mississippi and has a bachelor’s in Public Policy Leadership. He practiced law at a mid-size firm and handled a wide variety of cases. During this time he assisted in overseeing compliance of a public entity and litigated contract disputes, gaining experience both in and outside of the courtroom. Zachary currently assists the PracticalESG.com editorial team by providing research and creating content on a spectrum of ESG… View Profile