In 2006, the California Global Warming Solutions Act (AB 32) was enacted to require a statewide reduction in greenhouse gas emissions to 1990 levels by the year 2020. This spring, the state revised the CEQA Guidelines to specifically address impacts caused by development projects related to greenhouse gas emissions. The BAAQMD’s new thresholds can be used for complying with these analytical requirements under CEQA for projects proposed in the Bay Area.

The BAAQMD’s thresholds, approved last Wednesday, allow Bay Area public agencies to consider either a fixed threshold of 1,100 metric tons per year of greenhouse gases emitted from a commercial, residential or mixed-use project, or a per capita threshold of 4.6 metric tons per year of carbon dioxide emitted per subdivision resident or business employee. According to the new BAAQMD thresholds, projects with over 56 single family dwelling units, 50,000 square feet of business park, or 8,000 square feet of supermarket space may all exceed the thresholds. These thresholds are intended to encourage smart-growth projects, while facilitating large projects that maintain a proportionally low level of emissions. Proposed developments that would exceed the thresholds are required to perform additional environmental review of ways to reduce or offset the emissions.

Since they are the first regional air district to adopt numeric thresholds for greenhouse gas emissions from residential and commercial projects, lead agencies throughout the state may receive public comments suggesting application of the BAAQMD thresholds to proposed development projects. However, public agencies should be aware that the BAAQMD’s thresholds were developed specifically for the Bay Area’s unique characteristics, and thus may not be appropriate for use in connection with projects in other regions of the state. For more information about the new BAAQMD greenhouse gas emission thresholds, contact Christopher Calfee, Michelle Ouellette or an attorney in the Best Best & Krieger LLP’s Environmental Law and Natural Resources practice group.