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08 SUPPORTING MEASURES
8.1 The small changes that each of us make are important. Walking, cycling and taking public transport rather than the car when we can, switching off electrical equipment when we are not using it, reusing items that are not broken but which we might otherwise have thrown away - all these little things, and many others, may seem insignificant on their own but they soon add up to make a real difference. Many of the steps we can take save money as well as energy. Some measures may cost a little more to set up, such as installing or improving insulation, but more than pay for themselves over time through the energy saved. Every aspect of our behaviour is important. In January 2008, the Scottish Government launched a campaign promoting 'Ten Steps to a Greener Scotland'. Everybody in the country can sign up to one or more pledges to help make a positive difference. More information about the Ten Steps is available online at: http://www.itsourfuture.co.uk/ourfuture/202.40.43.html
8.2 We all have a role to play in making environmentally sustainable behaviour the norm rather than something we do only occasionally. However, the Scottish Government recognises that there are some measures that could be included in the Scottish Climate Change Bill which could contribute to this effort by enabling or requiring more action to be taken in specific areas and ensuring that such action is carried out in a responsible and sustainable fashion, balancing the immediate and local impacts with the aim of reducing emissions and meeting the 2050 target.
Energy efficiency and microgeneration
8.3 The Scottish Government is committed to improving energy efficiency and promoting microgeneration where effective and appropriate for the circumstances as it believes they can play an important role in reducing harmful carbon emissions, tackling fuel poverty and maintaining a secure energy supply. Following the recent consultation on the draft Energy Efficiency and Microgeneration Strategy, 36 the Scottish Government is currently developing a plan that will translate those key objectives into action.
8.4 Cleaner ways of generating energy are fundamental to reducing the emissions which cause climate change. However, at least as important is using energy from current and future sources more efficiently so we require less of it in the first place. The Stern Review states that:
'Studies by the International Energy Agency show that, by 2050, energy efficiency has the potential to be the biggest single source of emissions savings in the energy sector. This would have both environmental and economic benefits: energy-efficiency measures cut waste and often save money.' 37
8.5 Stern goes on to state that global CO 2e reductions from greater energy efficiency could be between 31% and 53% of the total achievable by 2050.
8.6 It is crucial that individuals make the small changes needed to the way they consume energy if we are to achieve the potential emissions reductions that are possible. Energy efficiency will help to reduce carbon dioxide emissions, but will not on its own be enough to meet an 80% reduction target. In order to move to a low carbon economy, more clean energy must be created. Microgeneration, in appropriate circumstances, can also help to make a contribution to tackling climate change. It can provide a sustainable source of low carbon energy and help to reduce carbon dioxide emissions from homes, small commercial buildings, and community buildings such as leisure centres and schools. Creating our own energy through microgeneration can bring about a better sense of responsibility, can engage others and can raise awareness of the individual action we all can take in tackling climate change.
8.7 The responsibility for making a change falls to us all. However, there may be options open to the Scottish Government to put in place requirements for minimum energy efficiency standards to be met in certain circumstances within the public and private sectors in Scotland. The Scottish Climate Change Bill could be used to do this.
Combined heat and power
8.8 Scotland has made significant progress towards meeting our ambitious targets of 31% of electricity generated in Scotland coming from renewable sources by 2011 and 50% by 2020. This makes a key contribution in the move to a low carbon energy supply. We also recognise that how we use energy to heat our homes and businesses will have to change as part of that shift. We are already seeing the development of renewable heat sources such as biomass, and the microgeneration of heat. There is also potential to target waste heat from large scale energy generation or industrial processes through Combined Heat and Power and district heating schemes, as happens in other parts of the EU. The Scottish Government will consider how reduction of the carbon emissions associated with the generation of heat might contribute to our climate change targets, and whether measures might be necessary in the Bill.
Reducing carbon emissions from buildings
8.9 The buildings in which we live, work and spend our leisure time are significant users of energy and producers of carbon dioxide emissions. This means that reducing emissions from buildings through improvements to energy efficiency will be key to achieving our targets. Currently, when new building work is carried out, energy standards in the Scottish building regulations apply. Scotland already leads the UK with these standards. A range of measures is already in place to encourage and incentivise the owners of existing buildings to improve their energy efficiency, including advice and in some cases, grants.
8.10 Planning policy already sets a target for on-site low and zero carbon equipment to reduce CO 2 emissions by 15% below the standards in Scottish building regulations and consideration is being given to extending permitted development rights so that more microgeneration equipment can be installed on existing buildings without applying for planning permission.
8.11 The Scottish Government is currently considering the Low Carbon Building Standards Strategy for Scotland report which recommends measures to make new and existing buildings in Scotland more energy efficient. 38 As new buildings only represent 1% of the building stock each year, the Government is also considering the role for standards for existing non-domestic buildings and housing stock and it is the intention to consult separately on new policy proposals. The Scottish Climate Change Bill could, if necessary, provide an appropriate vehicle for these policies if it is determined that new legislation is required.
Waste reduction and recycling
8.12 Just as generating and using energy more efficiently reduces CO 2 emissions, so does producing and consuming products more efficiently. Scotland currently produces an estimated 22 million tonnes of waste each year of which 2.9 million tonnes is collected from households and the rest results directly from commercial and industrial operations (including construction and agriculture). Waste minimisation, including reuse of potentially waste materials, and increased recycling can help to reduce greenhouse gas emissions. By contrast, landfilling of bio-degradable wastes leads to the production of methane and other greenhouse gases.
8.13 Valuable progress has been made at increasing recycling of municipal waste, but there is much more that needs to be done to reduce emissions in this area. The Scottish Government has recently made a statement on the future direction of waste policy and it will be taking this forward through a wide ranging review of the National Waste Plan and it also intends to consult separately on possible legislative measures that might be included in the Scottish Climate Change Bill.
Carbon storage
8.14 Carbon storage has the potential to reduce CO 2 emissions from power stations by up to 90%. Longannet, Cockenzie and Peterhead power stations typically produce 35% of Scotland's total carbon emissions. Carbon storage can therefore play a key role in meeting climate change targets. The legacy of infrastructure and known geology from oil and gas production places Scotland in strong position to exploit opportunities to reduce carbon emissions - through capturing carbon dioxide and storing it in depleted oil and gas fields and deep saline aquifers. The Scottish Government is working with Scottish and Southern Energy, Scottish Power, oil companies, and universities on a study that will identify the most economic, safe and technically feasible infrastructure to transport and store CO 2 in Scotland. Other studies estimate that geological structures beneath the North Sea could store somewhere between 60 and several hundred years of carbon emissions from the UK. Carbon storage in depleted oil and gas fields can also enhance oil and gas production, thus contributing to UK energy security. This could offer the opportunity for a new industry in the North Sea - prolonging the life of the existing infrastructure and utilising the world class skills base in the offshore industry.
8.15 The Scottish Government recognises the need to act quickly to create a framework that can regulate carbon storage in Scotland, giving certainty to the energy industry, and to ensure that we have all of the necessary levers to support this new technology in meeting our 80% target. We are discussing with the UK Government cooperation with the UK Energy Bill, but have not ruled out separate legislation for Scottish territorial waters.
Public sector
8.16 The public sector has a key role to play in reducing emissions in Scotland due to its size, the policies it is responsible for setting and delivering and its leadership position in Scotland. In 2005, the public sector accounted for 23.4% of the Scottish workforce, employing 577,300 people. 55.6% of this total was in local government (including fire and police services), 25.7% in the NHS and 2.1% in non-departmental public bodies. Legislative competence in relation to regulating these sectors is largely devolved to the Scottish Parliament (although aspects of these sectors remain reserved matters).
8.17 It is intended that the planned Single Outcome Agreements with local authorities will be based on national outcomes, under a common framework, in order to reflect the major contribution that local government will make to all of the Government's Strategic Objectives and the successful delivery of the national outcomes. This includes their contribution to the delivery of the high level sustainability target of reducing emissions over the period to 2011 and by 80% by 2050.
8.18 Using the public sector to reduce emissions can continue to be done through voluntary measures such as the Scottish Climate Change Declaration 39 to which all local authorities in Scotland have committed. However, as it becomes more difficult to reduce emissions, some organisations may be reluctant to take action. Officers responsible for implementing changes to reduce emissions may face some organisational resistance to reducing emissions as it is seen as 'not their job'. The proposed Bill could, through the inclusion of specific enabling powers, serve as a vehicle to introduce various measures at a later date if it is deemed necessary. It is preferable, however, that voluntary commitments are carried through in the first instance as these may prove sufficient.
8.19 Various duties are placed on the public sector in Scotland including: a duty on public bodies to promote disability equality, the duty of local authorities to assess watercourses, various duties of care (e.g. environment, child protection), and a duty of Best Value. One potential measure to reduce emissions could be to place a duty of some sort on certain parts of the public sector such as local authorities or large public bodies. This consultation does not propose to define exactly what a duty would be if the Bill was to contain enabling powers to introduce one at a later date. However, it could include a requirement to evaluate projects or policies to determine emissions, a duty to reduce corporate emissions, a duty to meet specific targets, a duty to make a clear and equitable contribution to national climate change targets, a duty to consider climate change in policies and decisions or a duty to take account of emissions in procurement contracts. Any such proposal would be likely to require further consultation when secondary legislation was brought forward.
Q 23. Should the Bill contain enabling powers to introduce a duty on certain parts of the public sector (i.e. local authorities and large public bodies) to take specified actions on climate change or other specified environmental issues? Why?
Q 24. What should such a duty (or duties) include?
8.20 The Bill could also introduce statutory guidance for certain parts of the public sector. Again, it is preferred if voluntary commitments are carried through in the first instance as these may prove sufficient. It would only be necessary to enact provisions for statutory guidance in the Bill if insufficient action was being taken on a voluntary basis.
Q 25. Should the Bill contain enabling powers to introduce statutory guidance for certain public sector bodies (i.e. local authorities and large public bodies) on specified climate change or other environmental measures? Why? Are there gaps in any existing guidance?
Q 26. What should this guidance include?
8.21 Another possible measure which could be introduced is a reporting mechanism for certain parts of the public sector on action being taken to reduce emissions or, in addition, to adapt to climate change. Again, this may not be necessary or this could be introduced as a voluntary measure. However, the Bill could include provisions to include such a requirement at a later date if these do not prove sufficient.
Q 27. Should the Bill contain enabling powers to create a requirement for certain public sector bodies (i.e. local authorities and large public bodies) to make regular reports on specific measures they are taking to tackle climate change (whether mitigation or adaptation) or other environmental issues? Why? What should be included in such reports?
8.22 The Local Government in Scotland Act 2003 placed a statutory duty of Best Value upon local authorities in the discharge of their functions and statutory guidance was introduced in 2004. In 2002, a non-statutory duty of Best Value was placed on certain other public service organisations. Best Value guidance includes sustainable development as a key characteristic of Best Value and through this organisations should 'consider social, economic and environmental impacts of activities and decisions in the short and long term'. However, this may not be a clear enough signal that public service organisations should embed climate change considerations in their policies and seek to reduce their own corporate emissions. Best Value may be an appropriate vehicle for driving forward change in the public sector as it would not be prescriptive as to how emissions reductions took place and has a successful existing scrutiny process in place.
Q 28. As a potential non-legislative measure, should current Best Value guidance be amended to take specific account of climate change mitigation and adaptation? If so, how should Best Value guidance be amended?
8.23 The UK Government is currently seeking evidence and views on how the public sector can fulfil an exemplary role in the context of energy efficiency. The Energy End Use and Energy Services Directive (Directive 2006/32/ EC) is intended to promote the cost effective improvement of energy end-use efficiency and to develop a market for energy services. The consultation document can be found at: http://www.defra.gov.uk/environment/climatechange/uk/energy/energyservices/index.htm.
Once this consultation has closed, the Scottish Government will consider what action it will take in the context of the proposed Scottish Climate Change Bill.
8.24 Government, particularly local government, may want at some stage to introduce variable charging in order to incentivise action on climate change by individuals or by business. This would mean higher charges for less climate change friendly options, products or behaviours. For example, Woking Council charges different rates for parking, depending on the emissions of each vehicle. The Bill could have provisions for enabling powers to introduce variable charging on specific issues at a later date to the extent such powers are within the legislative competence of the Scottish Parliament. Details of any scheme would be consulted upon separately and would need to be approved by the Scottish Parliament.
8.25 Alternatively, there may be charging regimes which currently create perverse incentives (i.e. it is more beneficial not to take action that would reduce emissions) which are enshrined in statute but which might be usefully altered or repealed.
Q 29. Are there any amendments to existing legislation or any enabling powers needed to allow for variable charging (for example by local authorities) to incentivise action or eliminate perverse incentives?
Trading schemes
8.26 Trading schemes are designed to create a market price for emissions in order to drive reductions. These schemes have two main advantages: emissions are reduced at least cost, and there is certainty about the quantity of targeted gases which are allowed to be emitted. In cap and trade schemes, an emissions cap is imposed on all participants and individual companies can reduce their own emissions, or trade with another participant who can reduce their emissions more cheaply. In obligation schemes, participants are given an obligation to supply a specific percentage of their output in a particular low carbon manner (for example, fuel or electricity from renewable sources). They can then choose whether to meet this obligation or trade with others who can meet the obligation more cheaply.
8.27 The UK Climate Change Bill will allow the Scottish Government to establish new trading schemes for Scotland, or to be part of new trading schemes with any or all of the other countries within the UK. However, there may be additional measures needed to complement these powers. The Scottish Government may therefore propose measures to create or adapt domestic trading schemes in the Scottish Climate Change Bill.
Adaptation
8.28 Even if international action is taken to reduce emissions, some degree of change remains unavoidable as the impacts of climate change over the next 30 to 40 years have been determined by past and present emissions. Greenhouse gases are active in the atmosphere for many years after they are emitted. CO 2, for example, has an active life of approximately 100 years. We cannot prevent the effects of climate change that are already in the system but we can adapt. We know that the emissions over the past decades will cause our climate to change in the coming decades. Section 4 provides further details on the likely changes in climate for Scotland as well as what Government is doing to adapt to these changes.
Q 30. Are there any provisions to help Scotland adapt to the impacts of climate change which should be included in the Scottish Climate Change Bill?
Strategic environmental assessment
8.29 The Environmental Assessment (Scotland) Act 2005 ensures that all public plans, programmes and strategies (includes policies) that are likely to result in significant environmental effects, are properly assessed for their impact on the environment. The Act lists 'climatic factors' as one of the environmental issues which can trigger the need for a Strategic Environmental Assessment, although it does not specify that climatic factors include the emission of greenhouse gases. Those public plans, programmes and strategies that are likely to result in significant environmental effects against climatic factors must outline within a mandatory public consultation, measures envisaged to prevent, reduce and as fully as possible offset any significant adverse effects.
Q 31. Should provisions within the Environmental Assessment (Scotland) Act 2005, be amended in order to provide clearer links with emissions reduction? If so, how should this be done?
Equality impact assessment
8.30 An Equality Impact Assessment will be carried out during the final policy development of the proposed Bill. This will be based on existing research which has been conducted across the Scottish Government. While the Bill will primarily introduce a broad framework with mechanisms within which future climate change mitigation and adaptation policies will fit, the broad framework will undoubtedly have an effect on Scotland, particularly its economy. We would like your views on the potential equalities implications of the Bill.
Q 32. What are the equalities implications of the measures in the proposals for the Scottish Climate Change Bill?
Other measures
8.31 There is a wide range of legislation which impacts upon the ability of Government, the public sector, the private sector and the third sector to take action to mitigate climate change but which it has not been possible to cover specifically in this consultation. However, the Scottish Government would like to receive your views on relevant issues which have not been addressed elsewhere in this document.
Q 33. Is there any existing legislation within the competence of the Scottish Parliament (devolved) which needs to be amended so that appropriate action on climate change can be taken by sectors in society?
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