First Green Chemistry Implementation Hearing on Tuesday 2/24

On Tuesday I’ll be one of the witnesses at the first legislative hearing on the implementation of the 2-bill “Green Chemistry” package enacted last year by the Legislature and Governor. Sierra Club California supported AB 1879 and SB 509 because of their potential to transform state policy on chemical safeguards. Click here for more information.

For the first time, CA’s executive branch scientists now have the authority to keep consumer products free of harmful substances. The Dept of Toxic Substances Control, and Office of Environmental Health Hazard Assessment, are hard at work on implementation, but most of the tough work lies ahead.

To be successful, CA needs to create a system that can take timely and effective action, informed by sound science, to protect our families from chemical hazards in products. Analyses of multi-media impacts and safer alternatives are crucial, but we can not afford to get bogged down in “ paralysis by analysis.”

Bill Magavern
Director
Sierra Club California

Assembly Committee on Environmental Safety & Toxic Materials and Assembly Committee on Health Informational Hearing on the Implementation of the California Green Chemistry Initiative; AB 1879 and SB 509

Sierra Club California Hails New Mercury-Prevention Tool

Today, I joined Assemblymember Ira Ruskin in celebrating passage of The Mercury Thermostat Collection Act.

This new law creates a powerful tool to help consumers, governments and our environment. Since mercury is a potent neurotoxin, and many old thermostats contain three grams of mercury, we need to keep the waste thermostats out of our landfills. Most California consumers want to do the right thing, but until now they have not had the information or opportunity to recycle mercury thermostats.

Furthermore, this mercury thermostat recycling program, passed with the support of the major manufacturers, can provide a new model for dealing with household hazardous wastes in California. Instead of asking our cash-strapped local governments to shoulder the burden, we should require the companies that made and profited from products to take the responsibility for safely collecting and recycling them. The Legislature and Governor should use this thermostat law as a beginning, and move on to extending producer responsibility to paint, light bulbs and other household hazardous wastes.

Many individuals and organizations contributed to the enactment of this law. Sierra Club California thanks Assemblymember Ruskin for persistently pushing the bill over two years. Our co-sponsor, the local government organization California Product Stewardship Council, was an invaluable partner, and the Department of Toxic Substances Control gave crucial technical assistance throughout the process. The Honeywell Corporation showed a commitment to reaching agreement on difficult issues, and the Retailers Association actively supported the bill. We benefited from the input of experts and advocates throughout the country convened by the State Environmental Leadership Program.

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)

New Bill Would Give Consumers Ways to Recycle Old Mercury Thermostats

Most Californians have no idea how to recycle old mercury-containing thermostats, even though state law bans mercury waste from being thrown in the trash. New legislation introduced by Assemblymember Ira Ruskin with the support of Sierra Club California and the California Product Stewardship Council would give consumers free and convenient options for recycling their waste thermostats in an environmentally-responsible manner.

The Mercury Thermostat Collection Act of 2008, Assembly Bill 2347, would allow
Californians to return their waste thermostats to any location that sells new thermostats.
Companies that make new thermostats for sale in the state would pick up most of the
costs for the recycling program.

 Bill Magavern, Director of Sierra Club California, hailed the legislation: “Most people want to do the right thing when it’s time to get rid of hazardous household products. Assemblymember Ruskin’s bill would finally provide free and convenient options for recycling mercury thermostats.”

“Cash-strapped local governments have had to pay for hazardous product waste management for too long,” added Heidi Sanborn, Director of the California Product Stewardship Council. “AB 2347 establishes a model policy for extended producer responsibility that requires the companies that profit from products to pay for end-of-life disposition. These programs are commonplace in Europe, Canada, Japan and other industrialized countries”

“There is a serious threat to public health from mercury, and it is time for the companies who have profited from selling these products to take responsibility for their disposal. Mercury pollution has already contaminated the waters of the San Francisco Bay and Bay Area watersheds, and high levels of mercury make many of the fish that swim in these polluted waters unsafe for human consumption. My bill will greatly reduce the amount of mercury from thermostats that is allowed to pollute our environment,” Assemblymember Ruskin said.

Mercury thermostats should be kept out of our air and water because on average they contain over 3,000 milligrams of the toxin (for purposes of comparison, fluorescent light bulbs contain around 5 milligrams). It is estimated that only 5 percent of California’s mercury thermostats are properly managed. The San Francisco Bay and delta, Tomales Bay, and eight other county water bodies currently have fish consumption advisories due to mercury contamination. Sales of new mercury thermostats have been banned in California since 2006. Waste thermostats are classified as hazardous waste but are usually discarded into the solid waste stream, as recycling options are inconvenient and poorly publicized at present.

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

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

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.