Sierra Club California Hails New Toxics-Fighting Law

It’s long been one of our state’s saddest absurdities: Toxic regulators have the authority to classify a child’s lead-tainted lunch box as hazardous waste – but can’t do anything to stop the child from eating lunch out of it.

That’s about to change. Today, I was honored to join Gov. Arnold Schwarzenegger in Los Angeles as he signed two landmark chemical policy reform bills, AB 1879 by Assemblymember Mike Feuer (D-Los Angeles) and SB 509 by Senator Joe Simitian (D-Palo Alto). These two bills give California’s Department of Toxic Substances Control new authority to promote "green chemistry" practices aimed at lowering the toxic burden of products California families buy and use every day.

In my remarks at the signing ceremony, I hailed the most successful environmental legislation of 2008 in our state and asserted Sierra Club's position that Californians should be able to buy products for our households without having to worry that we're bringing home hazardous substances that could harm our families.

As Assemblymember Feuer put it, "Instead of putting partisan politics first, we’re putting peoples’ health first." We worked hard all year long with Mr. Feuer and our allies at Breast Cancer Fund, CA League of Conservation Voters and Environment California to craft this landmark legislation.

For environmental health advocates like us, the hard work has just begun. I will continue to participate in the implementation of this law, standing up for a healthy future for all Californians.
- Bill Magavern


Click here to watch the governor sign AB 1879 (opens as Windows Media Player file)

Priority Port Bill Sails off Assembly Floor

Senate Bill 974 (Lowenthal), a Sierra Club California-supported bill, just passed the California Assembly by a more than 2-to-1 margin!

For a relatively small per-container fee of $30, just 0.13 percent of the average port container’s worth, port users will help fund programs that reduce pollution and congestion at the ports.

If it’s signed by Gov. Arnold Schwarzenegger, SB 974 will become a powerful tool to turn back the increased incidences of asthma and other respiratory diseases that accompany portside pollution. As a side benefit, it will help fund measures that will help unravel traffic congestion near ports.

Here’s what Assemblymembers had to say about this vital bill:

Assemblyman Mike Feuer (D-Los Angeles): “We have a chance to take a major step to transform the ports in our cities.”

Assemblyman Bob Huff (R-Diamond Bar): “We have to find a way to keep these negative impacts from affecting our region…. When you support this bill, you support more money for transportation.”

Assemblyman Kevin DeLeon (D-Los Angeles): “The health care costs [caused by port pollution] are irreparable. Once particulate matter is lodged in your lungs, it can't be dislodged.”

Assemblywoman Betty Karnette (D-Long Beach): “The people in my area really want something done about the way we're suffering.”

Don't Build It, Dam It

Recently, the Los Angeles Times wrote that new Assembly Speaker Karen Bass and next year’s Senate President pro tempore Darrell Steinberg might consider building new dams as one way of getting water to the people.

California’s in the middle of two dry years, so it’s no surprise that California’s Assembly and Senate leadership want real solutions to provide water for homes, businesses and farms. But building more dams won’t solve today’s problem, tomorrow’s problem – or the problems that could arise five years from now.

Dams cost a lot of money to build, and we can’t be sure that they’ll even work the way they’re supposed to. We’re still several millions of dollars away from completed studies on the dams that special interests want us to build in the Central Valley – and we already have 1,400 dams in the state of California.

Instead, California’s leaders can act on other parts of the Governor’s proposal, supporting existing legislation that would require 20 percent reductions in water use, AB 2175 (Laird and Feuer). And we can continue to progress toward a solution in the delta that provides for the best use of water while protecting the delta’s natural resources.

Twenty percent isn’t much to ask. Think about it: It’s the difference between your kid throwing four water balloons and five at his birthday party – or between some new toilets and their predecessors.

If we apply conservation measures now, California won’t come up dry now, tomorrow and in the near future.

Water For Tomorrow

Today, Governor Arnold Schwarzenegger’s declared a “State of Emergency” for the state’s dwindling water supply.

He's also called for Californians to cut back on the water they use. Right now, the California Legislature works to advance SB 2175 (Laird and Feuer), a Sierra Club California priority bill that would cut water use by 20 percent across the state via conservation.

But building more dams – the other part of his proposed solution– isn’t the most cost-effective, sustainable way to address the state’s shrunken snowpack and dwindling runoff reserves. And it's not the best way to make sure there's enough water for future generations.

We don’t even know exactly how much the dams the governor wants to build will cost, how much water they will produce, who will receive and pay for the water and how they will affect our environment.

Governor Schwarzenegger said he wants to revive last year’s water bond proposal, which focuses on expensive water projects that would serve agribusiness and accommodate big growth in the Central Valley. Since the multi-million-dollar studies of the proposed dams aren’t done yet, Californians can’t be sure whether the multi-billion-dollar dams will safely serve California’s communities without harming our precious natural heritage.

Conservation is still the cheapest, most certain water supply available to California.

We must focus state money on forward-thinking water conservation programs, water recycling and cleanup of polluted underground stores. The state also must adopt a holistic, long-term strategy for protecting the Sacramento-San Joaquin Delta before making major investments there or for new dams upstream of the Delta.

The governor has said he doesn’t want to make water into a political issue, and neither do we. We can address the state’s water shortage with low-cost, smart solutions available to us right now.

We need to embrace tomorrow’s solutions, instead of building yesterday’s monoliths.

Bills Would Protect Consumers from Dangerous Chemicals

This morning, Sierra Club California Director Bill Magavern joined Assemblymembers Mike Feuer (D-Los Angeles), Jared Huffman (D-San Rafael), and Fiona Ma (D-San Francisco), to speak in support of three important pieces of legislation in the fight to protect consumers from dangerous chemicals.

AB 1860 (Huffman) would require immediate removal of recalled toys and other products from the market; prohibits the sale of recalled toys and other recalled consumer products, and imposes stiff fines against those who sell recalled products to prevent the items from surfacing on the Internet or at second-hand stores; requires recalled products to be properly disposed of and for manufacturers to certify their disposal; requires manufacturers to establish a notification system when recalling products; mandates that retailers post recall notices in a conspicuous fashion.

AB 1879 (Feuer) would authorize the Department of Toxic Substances Control (DTSC) to regulate all consumer products that contain the following chemicals: lead, mercury, cadium, arsenic, polybrominated diphenylethers (PBDEs), phthalates, and hexavalent chromium. DTSC currently has limited authority to regulate these chemicals in certain products.

AB 2694 (Ma) would ban lead above trace levels of in children’s toys and products, using the 40 parts per million (ppm) standard endorsed by the American Academy of Pediatrics.

2007 Legislative Session Wraps Up With Some Progress On Energy, Air And Flood Protection, But Puts Off Important Work On Land Use, Ports And Toxics

The California Legislature has sent to the Governor some important bills to make our buildings and fuels greener, save condors and guard against floods, but deferred until next year the vital tasks of spurring smart growth, requiring utilities to generate more power from renewables, reducing toxic chemical hazards and cleaning up the filthy air at the mega-ports of Los Angeles, Long Beach and Oakland.

Bright spots of the 2007 session for the environmental cause included:

• Cleaner Fuels: SB 210 (Kehoe) would require the adoption of a low-carbon fuel standard by 2010 that achieves at least a 10 percent reduction of greenhouse gas emissions and maintains or improves upon air quality benefits gained by current gasoline and diesel fuel standards; AB 118 (Núñez) would raise about $150 million annually for clean fuel and clean air programs.

• Greener Buildings: AB 888 (Lieu) would set green building standards for commercial buildings, starting in 2013. AB 1058 (Laird) would set green building standards for new residential construction. AB 35 (Ruskin) would require CAL-EPA to set sustainable building standards for the construction and renovation of state buildings. AB 1109 (Huffman) would require the adoption of energy efficiency standards for all general purpose lights.

• Flood Protection: SB 5 (Machado) would require the state to prepare a Central Valley Flood Protection Plan by 2012. AB 5 (Wolk) would reform, restructure and rename the state Reclamation Board, which is the agency in charge of flood protection in the Central Valley. AB 70 (Jones) would provide for limited shared contribution between the state and local governments when local governments approve new developments in previously undeveloped areas, and thereby increase property damages resulting from a flood for which the state is liable.

• Clean Air: The Healthy Heart and Lung Act, AB 233 (Jones), sponsored by Sierra Club California and American Lung Association of California, would improve enforcement of rules that limit toxic diesel emissions; SB 719 (Machado) would reform the San Joaquin Valley’s lackluster Air Pollution Control District by adding expertise and urban representation.

• Endangered Species: The endangered California Condor is suffering from lead poisoning, because the birds eat bullet fragments when scavenging carcasses. AB 821 (Nava) would require the use of non-lead bullets when hunting big game within the range of the condor.

We are now asking Governor Schwarzenegger to sign these and other green bills. He has until October 14 to sign or veto the measures on his desk.

Sierra Club California and our allies had pushed the Legislature to act in other vital areas, but many key bills stalled toward the end of session due to opposition from powerful special interests. SB 974 (Lowenthal), the Clean Ports bill, was deferred until January at the request of Governor Schwarzenegger. Both SB 375 (Steinberg), which seeks to reduce vehicular emissions through smarter land use patterns, and SB 411 (Simitian), which would require utilities to generate 33% of their power from renewable sources, failed to clear the Assembly Appropriations Committee, and AB 558 (Feuer), which would have generated information on the use of toxic chemicals, died by a close vote of the Senate Appropriations panel. The Legislature’s failure to pass these important bills leaves substantial unfinished business to be taken up next year.