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December 10, 2020 Board Meeting Agenda (One Day Only)

In accordance with Governor Newsom’s Executive Orders N-29-20 and N-33-20 as well as recommendations from the California Department of Public Health, the December 10, 2020 Board Meeting will not have a physical location. This will be a remote-only meeting.

The Board Meeting will be conducted remotely via a web-based videoconferencing service called Zoom. Members of the public who wish to comment verbally can register for the webinar to comment. 

Register for the Webinar - for those who wish to comment verbally at the hearing.

Alternatively, on the morning of the Board Meeting, members of the public can offer verbal comments by telephone.  Members of the public do not have to register beforehand if they call in using the number below:

Phone Number: (669) 900-6833
Webinar ID: 854 6767 9980

To watch the webinar only and not provide verbal comments, please view the webcast. The webcast is the same video stream offered by CARB during normal Board Meetings. If you do not wish to provide verbal comments, we strongly recommend watching the webcast as this will free up space on the webinar for those who are providing verbal comments.


Webcast – for those that only plan to observe the hearing.

How to Participate in the Remote Board Meeting

Spanish Interpretation will not be provided for the December Board Meeting. Please contact the Clerks' Office to request interpretation services.

 

Thursday, December 10, 2020 @ 9:00 a.m. (REVISED - 12/3/2020)

 
Discussion Items
 The following agenda items may be heard in a different order at the Joint meeting.

**Indicates changes were made to the Agenda
 
20-13-3: Public Hearing to Consider Proposed Amendments to the Enhanced Vapor Recovery Regulations
 
The Board will consider proposed amendments to certification and test procedures for vapor recovery systems at gasoline dispensing facilities. These amendments are necessary to improve cost-effectiveness, preserve emission reductions, and clarify the procedures for better regulatory certainty and enforceability.
Motion and Vote
 More InformationPresentationBoard Item MaterialsWritten Comments
  20-13-4: Public Hearing to Consider Proposed Amendments to the Prohibitions on Use of Certain Hydroflurocarbons in Stationary Refrigeration, Chillers, Aerosols-Propellants, and Foam End-Uses Regulation
 
The Board will consider amending existing hydrofluorocarbon (HFC) regulation to include new prohibitions on high-global warming potential HFCs used in stationary refrigeration systems and new air conditioning equipment. The objective of this rulemaking is to reduce HFC emissions as mandated by Senate Bill 1383 to meet the 2030 HFC reduction target for California.
Motion and Vote
 More InformationPresentationBoard Item MaterialsWritten Comments
  20-13-6: Public Meeting to Hear an Informational Update on the 2020 Mobile Source Strategy (**This Item will be heard on December 10)
 
The Board will hear a verbal update on the 2020 Mobile Source Strategy. The 2020 Mobile Source Strategy takes an integrated, scenario planning approach to determine the pathways forward for the various mobile sectors that are necessary in order to achieve all of California's air quality, climate, and community risk reduction targets. The 2020 Mobile Source Strategy outlines the technology trajectories for each sector that will meet the State's goals and identifies a suite of regulatory and programmatic concepts that will move the State in the needed direction. The concepts include requiring all in-State sales of on-road vehicles to be zero-emission by 2035, and phase in of zero-emission vehicles and equipment into off-road applications where feasible by 2035.
 More InformationPresentationBoard Item MaterialsWritten Comments
  20-13-7: Public Meeting to Consider the Proposed Fiscal Year 2020-2021 Funding Plan for Clean Transportation Incentives (**This Item will be heard on December 10)
 
The Board will consider the Proposed Fiscal Year 2020-21 Funding Plan for Clean Transportation Incentives. The plan describes proposed investments from two related funding sources: the Air Quality Improvement Program and Low Carbon Transportation Investments funded with Cap-and-Trade auction proceeds. These programs provide incentives for clean vehicle and equipment projects to reduce greenhouse gas emissions and air pollution with a priority on benefiting disadvantaged and low-income communities and low-income households. This year's plan does not include new allocations for Low Carbon Transportation Investments; however, it includes adjustments to various project categories that currently have funding available from prior fiscal years. Staff is also proposing that the Board grant the Executive Officer authority to make adjustments and allocate additional funding to first-come, first-served projects should additional funding become available.
Motion and Vote
Motion and Vote
 More InformationPresentationBoard Item MaterialsWritten Comments
     
 20-13-5: Public Meeting to Consider Assembly Bill 617 Community Air Protection Program - Selection of 2020 Communities
 
**This item has been removed from the Agenda. This item is scheduled to be heard at the February 2021 Board Meeting.
 
Closed Session
 


The Board may hold a closed session, as authorized by Government Code section 11126(e), to confer with, and receive advice from, its legal counsel regarding the following pending or potential litigation:

Alliance for California Business v. California State Transportation Agency, et al., Sacramento County Superior Court, Case No. 34-2016-80002491.

American Coatings Association, Inc. v. State of California and California Air Resources Board, Sacramento County Superior Court, Case No. 04CS01707.

American Lung Association, et al. v. United States Environmental Protection Agency, et al., United States Court of Appeals, District of Columbia Circuit, Case No. 19-1140.

Best Energy Solutions & Technology Corp., et al v. California Air Resources Board, et al., Kern County Superior Court, Case No. BCV-20-102198.

California v. Stout, et al., United States District Court, Central District of California, Case No. 2:20-cv-00371.

California v. Wheeler, et al., United States Court of Appeals, District of Columbia Circuit, Case No. 19-1239.

California v. Wheeler, et al., United States Court of Appeals, District of Columbia Circuit, Case No. 20-1167.

California Air Resources Board v. United States Environmental Protection Agency and National Highway Traffic and Safety Administration, United States District Court, District of Columbia, Case No. 1:20-cv-01293-TJK.

California Natural Gas Vehicle Coalition v. California Air Resources Board, et al., Fresno County Superior Court, Case No. 20CECG02250.

Clean Energy Renewable Fuels, LLC v. California Air Resources Board, Orange County Superior Court Case No. 30-2020-011679039-CU-WM-CJC.

Dalton Trucking, Inc. v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 13-1283 (dismissed), U.S. Court of Appeals, Ninth Circuit, Case No. 13-74019.

Environmental Defense Fund, et al., v. Andrew Wheeler, et al., United States Court of Appeals, District of Columbia Circuit, Case No. 20-1360.

Friends of Oceano Dunes, Inc. v. California Coastal Commission, et al., San Luis Obispo County Superior Court, Case No. 17CV-0576; U.S. District Court for the Central District of California, Case No. 2:17-cv-8733.

Friends of Oceano Dunes, Inc. v. California Air Resources Board, et al., Sacramento County Superior Court, Case No. 34-2020-80003442.

In re Pacific Gas and Electric Company, U.S. Bankruptcy Court, Northern District of California, Case No. 19-30089.

John R. Lawson Rock & Oil, Inc. et al., v. California Air Resources Board, et al., Fresno County Superior Court, Case No. 19CEGG00331.

South Coast Air Quality Management District v. City of Los Angeles, et al., Los Angeles County Superior Court, Case No. 20STCP02985.

Sowinski v. California Air Resources Board et al., United States District Court for the Northern District of California, No. 3:18-cv-03979-LHK.

State of California v. United States Environmental Protection Agency, United States Court of Appeals, District of Columbia Circuit, Case No. 18-1096.

State of California v. Wheeler et. al., District of Columbia Circuit, Case No. 19-1239, consolidated under No. 19-1230 along with Nos. 19-1241, 19-1242, 19-1243, 19-1245, 19-1246, and 19-1249.

State of California v. Wheeler, et al., United States Court of Appeals, District of Columbia Circuit, Case No. 20-1167.

State of California, et al., v. Andrew Wheeler, et al., United States Court of Appeals, District of Columbia Circuit, Case No. 20-1359.

State of California, et al., v. Chao, et al., United States District Court, District of Columbia, Case No. 1:19-cv-02826.

State of California, et al. v. David Bernhardt, et al., United States District Court, Northern District of CaliforniState of California v. United States Environmea, Case No. 3:18-cv-5712-DMR.

State of California, et al. v. United States Environmental Protection Agency, United States Court of Appeals, District Court of Columbia Circuit, Case No. 19-1227.

State of California, et al., v. United States Environmental Protection Agency, United States District Court, Northern District of California, Case No. 4:18-cv-03237.

State of Massachusetts v. EPA, United States Court of Appeals, District of Columbia Circuit, Case No. 20-1265.

State of New York, et al. v. Andrew Wheeler and the United States Environmental Protection Agency, U.S. District Court, District of Columbia, Case No. 1:18-cv-00773.

State of North Dakota v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 15-1381.

State of North Dakota, et al. v. United States Environmental Protection Agency, U.S. Court of Appeals, District of Columbia Circuit, Case No. 16-1242.

State of Wyoming, et al. v. United States Department of the Interior, et al., U.S. District Court, District of Wyoming, Case No. 16-CV-285-SWS.

Truck Trailer Manufacturers Association, Inc. v. United States Environmental Protection Agency, et al., U.S. Court of Appeals, District of Columbia Circuit, Case No. 16-1430.

People v. Southern California Gas Company, Los Angeles Superior Court, Case No. BC 602973.

The Two Hundred, et al. v. California Air Resources Board, et al., Fresno County Superior Court, Case No. 18CECG01494.

United States v. California, United States District Court, Eastern District of California, Case No. 2:19-cv-02142-WBS-EFB.

Western States Petroleum Association v. California Air Resources Board, Los Angeles County Superior Court, Case No. 20STCP03138x.

W.O. Stinson & Son LTD. v. Western Climate Initiative, Inc., Ontario Canada Superior Court, Case No. CV-20-00083726-0000.

 
Opportunity for Members of the Board to Comment on Matters of Interest
 
Board members may identify matters they would like to have noticed for consideration at future meetings and comment on topics of interest; no formal action on these topics will be taken without further notice.
 
Open Session to Provide an Opportunity for Members of the Public to Address the Board on Subject Matters within the Jurisdiction of the Board
 Although no formal Board action may be taken, the Board is allowing an opportunity to interested members of the public to address the Board on items of interest that are within the Board’s jurisdiction, but that do not specifically appear on the agenda. Each person will be allowed a maximum of three minutes to ensure that everyone has a chance to speak. The public will also have an opportunity to submit written comments for open session the morning of the Board Meeting.
 Other Information
 Submit Comments Electronically Day of Board Meeting
 View Submitted Comments
 


Submitting a Presentation

 No outside memory sticks or other external devices may be used at any time with the Board audio/visual system or any CARB computers. Therefore, PowerPoint presentations to be displayed at the Board meeting must be electronically submitted via email to the Clerks' Office no later than noon on the business day prior to the scheduled Board meeting.
  
 Contact Information
 If you have any questions, contact the Clerks' Office.
1001 I Street, 23rd Floor, Sacramento, California 95814

If you experience technical difficulties on the day of the Board Meeting, please call our helpline at (805) 772-2715.
  
 Special Accommodation Request
 Consistent with California Government Code Section 7296.2, special accommodation or language needs may be provided for any of the following:
  • An interpreter to be available at the hearing;
  • Documents made available in an alternate format or another language;
  • A disability-related reasonable accommodation.
To request these special accommodations or language needs, please contact the Clerks' Office at (916) 322-5594 as soon as possible, but no later than 7 business days before the scheduled Board hearing. TTY/TDD/Speech to Speech users may dial 711 for the California Relay Service.
 Acomodación Especial
 Consecuente con la sección 7296.2 del Código de Gobierno de California, una acomodación especial o necesidades lingüísticas pueden ser suministradas para cualquiera de los siguientes:
  • Un intérprete que esté disponible en la audiencia
  • Documentos disponibles en un formato alterno u otro idioma
  • Una acomodación razonable relacionados con una incapacidad
Para solicitar estas comodidades especiales o necesidades de otro idioma, por favor llame a la oficina del Consejo al (916) 322-5594 lo más pronto posible, pero no menos de 7 días de trabajo antes del día programado para la audiencia del Consejo. TTY/TDD/Personas que necesiten este servicio pueden marcar el 711 para el Servicio de Retransmisión de Mensajes de California.