Opinion

CARB doesn’t have to abandon diesel truck regulation

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OPINION – California recently withdrew its EPA waiver request for its Advanced Clean Fleets (ACF) regulation in anticipation of the Trump administration’s opposition. However, CARB need not abandon ACF; the regulation could be reformed as a “feebate” incentive, which would circumvent federal preemption and could also have other advantages over an inflexible standard.

CARB’s ACF rule would require replacement of diesel trucks with zero-emission alternatives in trucking drayage operations and large fleets. ACF works in conjunction with CARB’s Advance Clean Trucks (ACT) regulation, which is a sales mandate on truck manufacturers while ACF is a purchase mandate. Both ACF and ACT could be reformed as feebate-type policies.

ACT is a tradable standard, which gives manufacturers compliance flexibility by allowing them to trade compliance credits. A regulated entity that is not in compliance with the standard can buy compliance credits from other entities who over-comply. However, there is no predictable limit on credit prices, and market volatility can play havoc with business planning decisions.

A feebate regulation can be designed to operate much like a tradable standard, but with the firm emissions standard replaced by a firm carbon price. A regulated entity would either pay a fee or be paid a rebate, depending on how its carbon emissions performance compares to the industry average within the regulated market.

The feebate revenue transfers would be similar to credit trading transactions under a tradable standard, but with two key differences: First, the carbon price is set by mandate and is immune to market volatility. Second, there is no predetermined, inflexible emission standard set by mandate. In effect, the “standard” is market-determined in response to the price incentive and dynamically follows the industry’s average emission performance. If there are very few zero-emission vehicles in operation, most entities’ emissions will be close to the average and fees will be very low while rebates will be high. As zero-emission vehicles gain market share and industry-average emissions decline, fees will increase while rebates commensurately decrease.

California has learned from its cap-and-trade regulations that inflexible emission targets are unworkable. CARB adopted a cap-and-trade system because of the certainty of the “firm cap on emissions” that it afforded, but in order to get the program reauthorized in 2017, CARB had to abandon the binding cap in favor of a binding price ceiling. Any practicable climate regulation is constrained by limitations of cost acceptability, and costs can be directly controlled via price regulation.

Regulatory costs are determined not only by carbon prices, but also by how carbon pricing revenue is spent. Unlike carbon taxes or auctions under cap-and-trade, feebates do not extract carbon pricing revenue from the regulated industry; all fees are returned to the industry as rebates. Feebates are self-financing, so they would not impose significant costs on state budgets.

Moreover, feebates would not be subject to federal preemption. The federal Clean Air Act limits the ability of states to enact their own new motor vehicle emissions standards. But a feebate would be an emissions control incentive, not a mandated emissions control standard. It would have the same status with respect to preemption as other incentive policies such as vehicle purchase loans, rebates, vouchers, and regulatory fees.

Federal obstructionism need not impede effective climate policy if we can overcome regulatory conservatism and orthodoxy and “think outside the box.” Rather than trying to stop the “Trump wrecking ball,” we can simply sidestep it.

Ken Johnson is affiliated with the Climate Reality Project: Silicon Valley Chapter (Legislation and Public Policy Committee). He has published on a variety of climate-policy topics such as feebates.

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One response to “CARB doesn’t have to abandon diesel truck regulation”

  1. Raven says:

    Your pipe dream to destroy gasoline and diesel engines is such a joke. You all know this is unattainable yet you do everything you can to destroy the economy of California. Frankly everyone is fed up with this organization as well as the legislature in place, the self-appointed people who make decisions by implying there’s a choice through workshops. Why don’t you just go back to sleep, leave the people of California alone and dismantle carb. We are tired of paying high prices for gasoline,illegal dmv fees ( which issue lice ses to unsafe illegals, especially truckers. They have created a pipe dream of regulations so strict that companies are leaving in droves. They want to tax you for your carbon footprint. let’s get real, no one owns the air no one owns the water and no one owns the ground you walk on however these people seem to think they have self-appointed themselves into this position. They are charging you for the basic right to live. They are restricting your freedom by making laws that are illegal and unconstitutional. In the end we have all of you to thank for the destruction of our state. The people of California are fed up and will at some point not comply with your so-called laws. Just remember anything that goes against the Constitution of the United States as well as a constitution of California is not a law and will be challenged on the street or in court. Californian’s, remember these are self-appointed, self-elected individuals who make laws not for thee, but for you. Do not fall for their lie any longer. Same with the elections, fraud has been proven every step of the way. If 10% of the people of California would step up, we could remove every one of these people and replace them with people that actually govern with trust. We don’t trust any of these people that are sitting in the seats at this time, except for voices like Carl Demio. If you’ll notice the corporations own our government officials. It’s time to stop this favoritism towards them versus the people of the state. If you are tired of what is going on in the state of California, stand your ground and let them not run you out of your home, let’s run them out of our state. I’ll end with this, when is the last time the legislatures in this state did anything that made your life better?

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