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Offset integrity and enforcement draw scrutiny from senators and public: water and permit violations cited
Summary
Senators pressed CARB staff about the agency's approach to offsets and enforcement, including whether credits have been invalidated where projects violated local or state permits and whether projects with water‑quality violations have been allowed to keep credits.
Senators pressed California Air Resources Board officials about how the agency enforces offset project requirements and whether offsets are being issued to projects that violate environmental permits.
CARB staff explained that offset projects must comply with local, state and federal regulations; if a project is found out of compliance, CARB has invalidated offset credits in the past and required covered entities that used the credits for compliance to replace them with allowances or valid offsets.
Senator questions focused on agricultural offset projects, including digesters and other manure‑management projects. Committee members asked whether CARB would pull credits from projects that had non‑air pollution violations, such as improper land application of digestate. CARB staff said they have investigated water concerns, followed up on notices of violation, and taken action where projects were found to be noncompliant.
Several public commenters and environmental justice advocates called for eliminating or significantly tightening the use of offsets and increasing in‑state direct emissions reductions. The Central Valley Air Quality Coalition and others argued that relying on offsets — particularly out‑of‑state projects — reduces direct emissions controls in California and leaves frontline communities exposed.
CARB said offsets constitute a limited fraction of compliance (4% through 2025, 6% thereafter) and that half of allowed offsets must provide direct environmental benefits to California. Staff also reiterated that CARB has the authority and has used it to invalidate offsets when enforcement finds noncompliance.
Ending: The agency said it will continue to investigate alleged violations and has a record of invalidating offset credits when warranted, while community groups urged further restrictions or elimination of offsets.
