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)

"Green Chemistry Initiative" Should Yield Chemical Safeguards

Today Cal-EPA issued its Green Chemistry Report.
The California Environmental Protection Agency’s Green Chemistry Initiative is a serious effort to address the hazards posed by toxic chemicals. Most Californians would be surprised to find out that our state government has no authority to assure that the goods sold at our local stores are safe for our families. The Green Chemistry Initiative has the potential to fix this problem – but only if it survives intense lobbying by the chemical industry.

Cal-EPA has gone all out to make the process of reforming chemical policy inclusive and interactive. Now that today’s report has laid out the options, the administration must begin the hard work of deciding which alternatives to adopt and which ones to propose in legislation.

The Green Chemistry process should result in major new statutory authority for the state’s experts to protect us from toxins that are currently allowed to contaminate our bodies and our environment. Voluntary measures and recognition of best practices have their place, but the only way to ensure meaningful reductions in human and environmental exposures to harmful chemicals is through enforceable safeguards. Collecting the most comprehensive and current data available is one essential building block of those safeguards.

The Legislature should give DTSC the authority to, if warranted by scientific evidence from the Office of Environmental Health Hazard Assessment, ban or restrict the usage of particular chemicals in consumer products. The process could be patterned on the Air Resources Board’s program that has successfully reduced emissions from consumer products.

Cal-EPA’s scientific experts will need to set priorities in addressing hazardous substances, and should start by protecting the most vulnerable people, like children. Our government must ensure that products many infants are exposed to -- from baby bottles to toys to baby food containers -- will be safe for the next generation.

Furthermore, manufacturers of products containing hazardous materials should be held responsible for the safe disposition of those products at the end of their useful lives. The Integrated Waste Management Board should work with the Legislature to require extended producer responsibility for such products, and should exercise that authority by prioritizing consumer products that, when discarded, become hazardous wastes (like mercury-containing thermostats).

State of the State Address Misses Opportunities

While we had hoped that Governor Schwarzenegger would use the State of the State to roll out important new programs regarding green chemistry and better fire planning, the speech was largely devoid of details.

As expected, the Governor led with last Fall’s tragic Southern California wildfires. One of the key lessons from those fires is that we need to get smarter about how and where we build. If local governments continue to approve building projects in areas where the state is expected to provide fire protection, costs and loss of life will continue to increase. Rather than describing a vision of proactive planning to protect lives as well as wildlands, the Governor focused exclusively on thanking the heroes. We join in lauding the Californians who stepped up during the crisis, but we were hoping for more proactive planning to prevent future crises.

Unfortunately, Schwarzenegger continues to push for the building of more expensive dams as a solution to California's water problems. The Governor's insistence on new dams has lead to a stalemate with the Legislature, which favors investments in water conservation, water recycling and groundwater cleanup. We hope that the Governor will work with the Legislature on solutions to our state's water problems that do not involve new dams.

On the bright side, environmentalists are always pleased to hear the Governator repeat his promise to sue the Bush Administration as often as necessary to obtain the waiver necessary for California’s clean-car standards to take effect.

Environmentalists who had heard that new initiatives to address toxins in consumer products or the plastics choking our oceans might appear in the State of the State speech were disappointed, as Schwarzenegger missed an opportunity to put those problems high on his agenda. The Governor did make a general promise to put forward “many” legislative proposals on energy and the environment, but offered no specifics as to what they may be. (During his four-plus years in office, Schwarzenegger has so far made very few legislative proposals of his own, preferring to respond to the bills initiated by legislators.)

The Governor’s proposal for a Strategic Growth Council has the admirable purpose of bringing together his administration’s economic development programs with its environmental sustainability concerns; during this and previous administrations, growth and sustainability have too often been considered in isolation from each other. But the administration needs to provide more details on how this council will allocate bond funds, and needs to make sure that it respects the wishes of the voters who approved the bonds and that it works with the Legislature on appropriating the money.

Will 2008 Be the Year of Green Chemistry?

As Governor Schwarzenegger prepares for his State of the State Address this afternoon, questions linger about the fate of his administration's Green Chemistry Initiative. Launched last May, the initiative has missed its January 1 deadline for publishing a list of policy options. While a short delay certainly need not be fatal, the initiative could use a public push from the Governator.

For more information on the need to reform chemical policy in California, see my Capitol Weekly article from last month, Cal-EPA plan could make state a leader in toxic chemicals policy.

Bill Magavern, Sierra Club California

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