2007 Legislative Session Wraps Up With Some Progress, But on Many Key Issues It’s “Wait ‘til Next Year”

After a highly productive session in the 2006 election year established key new safeguards for the global climate and human health, this year has seen far fewer major new laws enacted to protect California’s environment. Although some key measures found success, on many vital issues our elected officials seem to be echoing the eternal refrain of Chicago Cubs fans: “Wait ‘til next year.”

Bright spots included flood protection, clean air, and endangered species protection. A package of bills negotiated by the Legislature and Governor finally starts to bring some sense to development in flood-prone areas. SB 5 (Machado) requires the state to prepare a Central Valley Flood Protection Plan by 2012. AB 5 (Wolk) reforms, restructures and renames 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 that can increase property damages resulting from a flood for which the state is liable.

The Healthy Heart and Lung Act, AB 233 (Jones), sponsored by Sierra Club California and American Lung Association of California, will improve enforcement of rules that limit toxic diesel emissions, and SB 719 (Machado) will, at long last, reform the San Joaquin Valley’s lackluster Air Pollution Control District by adding expertise and urban representation. AB 118 (Núñez) will raise about $150 million annually for clean fuel and clean air programs.

Governor Schwarzenegger surprised many observers by signing AB 821 (Nava) to require the use of non-lead bullets when hunting big game within the range of the endangered California condor. This state icon is suffering from lead poisoning, because the birds eat bullet fragments when scavenging carcasses.

Speaking of poisons, the Governor has opened a Green Chemistry Initiative to reduce human exposure to toxic chemicals, most of which currently come into our homes and workplaces without being required to demonstrate safety. Legislation to reduce toxic threats fared poorly this year on the whole, but Schwarzenegger’s signing of the Toxic Toys bill, AB 1108 (Ma), will invigorate the Green Chemistry process by keeping hazardous substances away from the youngest Californians. The bill bans pthalates, a plastic softener, from products meant for infants and toddlers.

Unfortunately, the Governor vetoed important bills to make our buildings and fuels greener. AB 888 (Lieu) would have set green building standards for commercial buildings, starting in 2013. AB 1058 (Laird) would have set green building standards for new residential construction, and AB 35 (Ruskin) would have required CAL-EPA to set sustainable building standards for the construction and renovation of state buildings. SB 210 (Kehoe) would have required the adoption of a low-carbon fuel standard by 2010 that achieved at least a 10 percent reduction of greenhouse gas emissions and maintained or improved upon air quality benefits gained by current gasoline and diesel fuel standards.

The Legislature deferred until next year the vital tasks of spurring smart growth, requiring utilities to generate more power from renewables, and cleaning up the filthy air at the mega-ports of Los Angeles, Long Beach and Oakland. Sierra Club California and our allies had pushed the Legislature to act in these 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, along with the Governor’s vetoes of some of the bills passed by lawmakers, leave substantial unfinished business to be taken up next year. Since 2008 is an election year, and our elected officials know that protecting our health and ecology is very popular with voters, we have reason to expect more progress next year.

By Bill Magavern

Sierra Club California Letter to Governor Schwarzenegger on Highest Priority Legislation

September 21, 2007


The Honorable Arnold Schwarzenegger
Governor, State Capitol
Sacramento, CA 95814

Highest Priority Legislation for Sierra Club California

Dear Governor Schwarzenegger:

First, Sierra Club California would like to thank you for your continued leadership on the fight to slow global warming, the issue that in most respects, trumps all other environmental issues. Meanwhile, we respectfully request your signature on the following highest priority pieces of legislation.

AB 5 (Wolk)/SB 17(Florez) reforms and restructures the Reclamation Board.

AB 35 (Ruskin) requires the California Environmental Protection Agency to adopt regulations establishing sustainable building standards for the construction and renovation of state buildings.

AB 48 (Saldana) – Prohibits the sale of electronic devices if they contain toxic heavy metals.

AB 70 (Jones) – requires local governments to share liability for flood damages with the state if local land-use decisions lead to damages.

AB 118 (Nunez) – establishes new state programs to invest in projects that improve air quality and support development and deployment of clean alternative fuels and technologies.

AB 162 (Wolk) – requires flood-risk identification in local general plans.

AB 188 (Aghazarian) expands information required to be included in the state’s central public registry of conservation easements.

AB 233 (Jones) – Strengthens enforcement of diesel emission control rules for heavy-duty on-road and off-road vehicles and engines.

AB 548 (Levine) – Requires the owner of a multifamily dwelling (5 units or more) to provide recycling services consistent with any local or state requirements or agreements.

AB 609 (Eng) would allow energy conservation measures and energy service contracts for existing state buildings to be approved if cost savings will be realized through a life-cycle cost.

AB 821 (Nava) – bans lead ammunition when hunting big game within the range of the condor.

AB 833 (Ruskin) – Requires California to maintain toxics release inventory requirements as they existed prior to the federal weakening of reporting requirements by US EPA.

AB 888 (Lieu) requires the adoption of green building standards for new commercial buildings.

AB 1058 (Laird) Requires HCD and ultimately the Building Standards Commission to adopt best practices and building standards for green building in new residential construction.

AB 1108 (Ma) – Prohibits the use of specified phthalate chemicals in toys and childcare products designed for children up to 3 years old.

AB 1109 (Huffman) would require the state to develop and implement a comprehensive strategy to increase the energy efficiency and reduce the pollution associated with current lighting technology.

AB 1420 (Laird) would condition state funding for water management grants and loans to the implementation of water conservation measures by urban water suppliers.

AB 1470 (Huffman) creates a $250 million incentive program to encourage the installation of solar water hearing systems that offset natural gas use in homes and businesses throughout the state.

AB 1613 (Blakeslee) requires the PUC to establish pay-as-you-save pilot programs to finance all the upfront costs for the purchase and installation of combined heat and power systems.

SB 5 (Machado) requires the state to prepare a Central Valley Flood Protection Plan by 2012, and establishes flood protection requirements for local land-use decisions consistent with the plan.

SB 210 (Kehoe) -- Codifies & strengthens the Governor's Low-Carbon Fuel Standard by requiring ARB to adopt that standard to achieve at least a 10% reduction of greenhouse gas emissions.

SB 220 (Corbett) Enhances the Department of Public Health's regulatory process governing water dispensed from water-vending machines and the labeling requirements for bottled water.

SB 719 (Machado) – Reforms the San Joaquin Valley Unified Air Pollution Control District board by increasing the number of city members and adding two public members.

SB 990 (Kuehl) – Requires the Santa Susana Field Lab site to be thoroughly remediated for both chemical and radioactive contamination.

We also ask that you veto the following bill:

AB 809 (Blakeslee) would weaken California’s Renewable Portfolio Standard for energy and discourage investments in new truly renewable energy.

While these 25 bills are our highest priorities, there is additional significant legislation we urge you to sign and have submitted separate letters for each of these bills. We appreciate your consideration of this request and your commitment to restoring and protecting California’s environment.

Sincerely,


Bill Allayaud, State Legislative Director

Positively Environmental

For more than 5 years, my high school and college experiences had led me to believe it would be a constant uphill battle to change other’s views and practices to sustain the environment, but participating in Lobby Day 2007 as a student intern for Sierra Club California has finally altered that discouraging view to pure positivism.

The life of a conservationist is difficult to lead as a positivist when the only thing you seem to say to others is “Stop!” Sierra Club California’s annual Lobby Day, which occurred August 27, 2007, attracted over 50 Sierra Club members. That day, for the first time, I saw and participated in environmental conservation that is positive and says to others “Keep Going!” The 52 Sierra Club members, grouped geographically, advanced upon the State Capital to “lobby” by themselves and directly impress upon their local Senators and Assemblymembers the importance of voting “yes” on four bills important to furthering smart growth and air quality in California.

Two factors from Lobby Day were extremely important in altering my prior negative views. The first is that I am not alone, there are at least 52 Sierra Club members dedicated enough to the environment to travel to Sacramento and prove there are real people who the professional staff lobbyists represent. Second is that all four bills are themselves positive in that they create new ways to conserve instead of negatively demanding industries to stop. In the case of Lobby Day, I was allowed to watch first-hand everyday conservationists asking those in power to continue on the path of sustainability, and was delightfully surprised at the increasingly positive responses from legislators. By prompting legislators positively to “keep going!” and provide more alternatives for environmental change in California the Sierra Club members proved to me the answer to conservation has to move past just the negative approach of telling others to “stop!”

A Sierra Club lobbyist said to me once “a positive environmentalist is often an oxymoron because there is always another negative environmental battle ahead to fight;” this common thought was altered too on Lobby Day at the ceremony in the State Capitol honoring Assembly Speaker Fabian Núñez. Núñez was awarded the National Sierra Club’s sole Distinguished Achievement Award for 2007 for his work leading to the passage of the Global Warming Solutions Act of 2006, AB 32. This ceremony was an unusual gem in conservation history because it was a celebration of what has already been achieved and what there is to look forward to. Much of environmentalism looks at what must be done next but awarding Núñez for his work gave me the opportunity to think about what the politician, the Sierra Club lobbyists, the Sierra Club members and I have been doing in our lives. What I found through Lobby Day and the individuals involved is that there is no need to be discouraged because every singular person convinced to conserve, and every singular action conserving the precious environment, is one less battle to fight, and that is a positive thought.

Abigail May
Sierra Club California Intern

SIERRA CLUB PRESENTS DISTINGUISHED ACHIEVEMENT AWARD TO SPEAKER FABIAN NUÑEZ FOR HIS WORK ON GLOBAL WARMING

Sierra Club California was honored today to present the national Sierra Club’s Distinguished Achievement Award for 2007 to Assembly Speaker Fabian Núñez for his work leading to passage of the Global Warming Solutions Act of 2006, AB 32. This award recognizes a single act of particular importance to the environment by a person in government.

Assemblymember John Laird joined Sierra Club California’s Bill Allayaud and Bill Magavern in presenting the award to Speaker Núñez in front of an appreciative crowd of dozens of Sierra Club volunteer activists. The volunteers from around the state were in the Capitol for Sierra Club California’s annual Lobby Day.

More pictures from Lobby Day.