Dear Section Members, I hope you are having a good summer. As you are probably aware, a lot has been happening regarding climate change including the federal Inflation Reduction Act and California regulations to end gas car sales by 2035. Here is the news roundup. On BBKlaw<https://www.bbklaw.com/news-events/insights?p=0&c=f27c8ea4-b509-44ad-8922-2a28e7115aef>: California Supreme Court Rules on Franchise Fees for Solid Waste Contract<https://www.bbklaw.com/news-events/insights/2022/legal-alerts/07/california-supreme-court-rules-on-franchise-fees>, August 12, 2022, This week, the California Supreme Court held the City of Oakland failed to demonstrate that solid waste franchise fees included in the City's solid waste franchise agreements were exempt from voter approval requirements under Proposition 26. The Court remanded the case to the trial court for proceedings consistent with its opinion. This could include having the City demonstrate that the franchise fees are otherwise exempt from the definition of a "tax" under Proposition 26 in a manner consistent with the Court's decision. On Law 360<https://www.law360.com/environmental/news?page=1>: Calif. Sews Up Regs To End Gas Car Sales By 2035<https://www.law360.com/environmental/articles/1524638/calif-sews-up-regs-to-end-gas-car-sales-by-2035>, August 25, 2022, California air regulators finalized an ambitious plan Thursday to phase out sales of new gasoline-powered vehicles by 2035, a linchpin of the Golden State's climate change policy that could be copied by a host of other states. Under the Advanced Clean Cars II program unanimously approved by the California Air Resources Board, 35% of new cars sold in the state must be zero-emission vehicles, or ZEVs, by 2026. That percentage will climb - including a jump to 68% by 2030 - until 100% of new cars sold must be ZEVs, electric or otherwise, by 2035. Climate Change, Marine Life Top US-Chile Enviro Goals<https://www.law360.com/environmental/articles/1523765/climate-change-marine-life-top-us-chile-enviro-goals>, August 23, 2022, Climate change and marine life protections were among the shared goals the United States and Chile unveiled for the next phase of their combined work under an environmental treaty, the U.S. trade representative's office said Tuesday. The Joint Commission for Environmental Cooperation said its priorities for both countries through 2024 include better environmental laws and enforcement, promoting conservation and good management of natural resources, advocating for environmental education and transparency surrounding decisions and enforcement, and improved air and water quality. It also discussed projects completed from 2018 to 2020, according to a communiqué. On The National Law Review<http://www.natlawreview.com/practice-groups/Environment-Energy-EPA>: US EPA's Submission of Reconsidered Fugitive Emissions Rule Signals Movement Forward on Agency Air Permitting Initiatives<https://www.natlawreview.com/article/us-epa-s-submission-reconsidered-fugitive-emissions-rule-signals-movement-forward>, August 25, 2022, While the US has begun considering the implications of the US Supreme Court's monumental June 28, 2022 opinion addressing air emissions from power plants, without much fanfare US EPA sent a proposed rulemaking to the White House Office of Management & Budget (OMB) for pre-publication interagency review that could be significant for "major source" air permitting. The proposed rulemaking would address a 2008 Fugitive Emissions Rule that was subsequently granted reconsideration based upon a petition from the National Resources Defense Council ("NRDC") and then stayed pending US EPA's reconsideration. Florida State Board of Administration Restricts Use of Environmental, Social, and Governance Factors<https://www.natlawreview.com/article/florida-state-board-administration-restricts-use-environmental-social-and-governance>, August 24, 2022, At an Aug. 23 meeting of the Florida Cabinet, Governor Ron DeSantis and his fellow Trustees of the State Board of Administration (SBA) unanimously adopted a resolution restricting the use of Environmental, Social, and Governance (ESG) factors in making investment decisions in the Florida Retirement System Defined Benefit Plan. The State Board of Administration Trustees are Governor Ron DeSantis, Attorney General Ashley Moody, and Chief Financial Officer Jimmy Patronis. The resolution sets forth two policy positions related to the use of ESG in investment evaluation and proxy voting and directs the SBA to undertake an internal review of its voting practices. Inflation Reduction Act Commits Significant Resources to Federal Environmental Justice Efforts<https://www.natlawreview.com/article/inflation-reduction-act-commits-significant-resources-to-federal-environmental>, August 22, 2022, The Inflation Reduction Act of 2022 (IRA) reflects the Biden Administration's attention to issues of environmental justice and environmental equity. The IRA, directly and indirectly, invests in environmentally overburdened communities by: (1) seeking to reduce historic sources of pollution; (2) providing affordable and accessible sources of clean energy to disadvantaged communities; and (3) investing in communities to provide better jobs and address quality of life issues. EPA Positioned To Release Proposed Rule Designating PFOA and PFOS as Hazardous Substances Under CERCLA<https://www.natlawreview.com/article/epa-positioned-to-release-proposed-rule-designating-pfoa-and-pfos-hazardous>, August 19, 2022, An important step in the US Environmental Protection Agency's (EPA) Strategic Roadmap for Per- and Polyfluoroalkyl Substances (PFAS) was completed on August 12 when the Office of Management and Budget (OMB) announced the completion of its review of an EPA proposal to designate two PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Washington State Adopts Emergency Heat and Wildfire Rules<https://www.natlawreview.com/article/washington-state-adopts-emergency-heat-and-wildfire-rules>, August 16, 2022, This summer is shaping out to be another scorcher and Washington State employers should know about the Department of Labor & Industries ("LNI") new emergency requirements for heat and smoke protections for outdoor employees effective June 15 through September 29. Washington's emergency requirements are meant to help employees avoid heat exhaustion and heat stroke. Covered employees include any worker who must work outside for more than 15 minutes in any 60-minute period, regardless of industry. On JD Supra Business Advisor Environmental Updates<http://www.jdsupra.com/law-news/environmental-law/>: EPA New Chemicals Program Will Discontinue Use of Exposure Modeling Thresholds When Assessing Health and Environmental Risks<https://www.jdsupra.com/legalnews/epa-new-chemicals-program-will-8902315/>, August 25, 2022, The U.S. Environmental Protection Agency (EPA) announced on August 22, 2022, that as part of its commitment to re-evaluate policies and practices under the Toxic Substances Control Act (TSCA) New Chemicals Program to ensure they adhere to statutory requirements and the Biden Administration's executive orders and directives, it has updated its policy to discontinue the use of exposure modeling thresholds when assessing the health and environmental risks of new chemicals under TSCA. According to EPA, due in part to the automation of modeling, it has become less burdensome to complete these calculations. Furthermore, according to EPA, removing the thresholds supports President Biden's Executive Order 13985, "Advancing Racial Equity and Support for Underserved Communities Through the Federal Government," which calls on federal agencies to advance equity, including by reviewing and revising as needed government policies and programs impacting underserved communities. Massachusetts to Require Disclosure of Energy Usage from Large Buildings<https://www.jdsupra.com/legalnews/massachusetts-to-require-disclosure-of-6438906/>, August 24, 2022, Lost amid the more high profile items in Massachusetts' recently enacted Act Driving Clean Energy and Offshore Wind is a requirement that the Department of Energy Resources establish a program requiring large buildings across the Commonwealth to report energy usage on an annual basis. The requirement goes into effect on July 1, 2024, but DOER has an additional year (until July 1, 2025) to draft implementing regulations and establish the parameters of the reporting program. Once the program is up and running, the data will be made publicly available on DOER's website on a building-by-building basis. The law requires reporting for buildings with at least 20,000 sf of gross floor area, but DOER may lower that threshold by regulation. The reporting burden falls on both building owners and distribution companies. "Retail Hazardous Waste" Targets Expand in California<https://www.jdsupra.com/legalnews/retail-hazardous-waste-targets-expand-1699948/>, August 19, 2022, By now, readers likely are familiar with the series of "retail hazardous waste" enforcement actions being brought across the state of California. For several years, various retailers have been targeted for coordinated, state-wide enforcement by local District Attorneys based on undisclosed, behind-the-scenes "dumpster audits." These businesses are then accused of disposing of hazardous waste in their trash. While these often are typical consumer items that receive little attention when disposed in ordinary household trash, when they are disposed by commercial enterprises, different rules apply as many consumer items are considered to be "hazardous waste" under California's unique hazardous waste laws. Net-Zero by 2050? Massachusetts Passes New Climate & Clean Energy Bill<https://www.jdsupra.com/legalnews/net-zero-by-2050-massachusetts-passes-7222525/>, August 18, 2022, On August 11, 2022, Massachusetts Governor Charlie Baker signed a significant new climate bill, "An Act driving clean energy and offshore wind" into law. This new law enacts several new climate change measures, including those aimed at renewable energy and transportation sector greenhouse gas (GHG) emissions. Notably, the bill also allows municipalities to ban fossil fuel connections in new construction. Please tell me if you have any questions or comments. Gene [http://clients.bbklaw.net/images/logos/bbklogohires.jpg]<http://www.bbklaw.com/> Gene Tanaka <https://www.bbklaw.com/our-team/gene-tanaka> Partner gene.tanaka@bbklaw.com T: (925) 977-3301 C: (951) 334-7261 www.BBKlaw.com <http://www.BBKlaw.com> [http://clients.bbklaw.net/images/logos/LinkedIn-rescaled.jpg] <https://www.linkedin.com/company/bestbestkrieger/> [http://clients.bbklaw.net/images/logos/Twitter_logo_white.jpg] [http://clients.bbklaw.net/images/logos/instagram.jpg] <https://www.instagram.com/bbklawfirm/> This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. 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