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Last week, due to a technical glitch, the Brown Administration unintentionally released the Governor’s proposed budget a few days earlier than expected. Through $10.3 billion in cuts and increased revenues, the proposed budget would close a $9.2 billion deficit, compared to last year’s $26 billion gap, and build a $1.1 billion reserve. The most severe cuts will be inflicted on CalWORKs, Medi-Cal, child care, and the Cal Grant Program. The budget is contingent on voters approving a temporary increase in the sales tax and a higher levy on wealthy residents. If voters reject the ballot initiative in November, the state would be forced to cut another $4.8 billion from schools and community colleges; a cut equivalent to 3 weeks of instruction. ‘Trigger cuts’, as they’re called, would also strip funds from courts, public safety officers and flood protection.
So how did the environment fare in the proposed budget? Overall, environmental protection did better than many other programs, though there are significant cuts to key programs, and much of the funding that has been allocated is for projects that are controversial even within the environmental community. The Department of Parks and Recreation will see $22 million in cuts, twice the reduction from last year’s budget, which would result in the closure of up to 70 state parks. Additionally, if the Governor’s tax initiative does not pass, it will trigger the elimination of all seasonal lifeguards on state beaches and a 20% reduction of the Park Rangers workforce.
Programs that will see more funding in 2012 include highly contentious projects, like California High Speed Rail and the Delta conveyance program. The budget allocates $15.9 million to usher along the development of a high speed rail system, which is under increasing scrutiny due to governance, routing and financing issues. The budget would also allocate more funding to the Department of Water Resources for its work on the highly controversial Bay-Delta conveyance research and planning processes; specifically, for 135 positions for preliminary engineering work to support the Delta Habitat Conservation and Conveyance Program.
The budget also earmarks $1 billion that are to be received by auctioning pollution credits to California companies to be used to “create jobs and deliver public health, economic and environmental benefits” as part of the state’s effort to curb global warming. Businesses have complained that this cap-and-trade program, a critical piece of California’s landmark legislation aimed at cutting greenhouse gas emissions to 1990 levels by 2020, represents an unfair tax. Cap-and-trade is also controversial among the environmental and environmental justice communities, some of whom believe it merely commoditizes dangerous pollution rather than directly and more aggressively curbing it.
The governor’s proposal still needs to be debated by the Legislature, and the Brown Administration will release an updated version in May. The deadline to have a budget passed by lawmakers and signed by the governor is June 30.
With the beginning of the New Year, the Legislature reconvenes today to tackle California’s projected budget deficit of nearly $13 billion (through June 2013), 2011 legislation that was rolled over to the second year of this two-year legislative session, as well as new bills that will be introduced this session.
For environment protection, this means important 2011 bills like the banning of plastic grocery bags and polystyrene take-out containers, as well as requirements to force oil and gas firms to publicly list chemicals pumped into the ground during a drilling process known as hydraulic fracturing or “fracking”, will get a second chance in 2012.
While balancing the state budget and the potential fiscal impact of new legislation, the Legislature will also face critical decisions whether to repeal, delay or reduce the $11.14 billion water bond currently slated for the November ballot; whether or not more state parks should close and if so, which ones; and whether or not to appropriate more funds for California’s proposed $100 billion high speed rail system.
Complicating matters further, 2012 will be the first election year with independently redrawn and highly competitive district lines, as well as a Top 2 Open Primary System that allows voters to vote for any candidate (regardless of party affiliation) in each race during the primary, with the top two vote-getters then qualifying for the General Election. With so much uncertainty, some fear this may prevent the Legislature from passing meaningful legislation this session. Democratic leadership assures Californians that this is not true. Assembly Speaker John A. Pérez recently stated, “What you’ve seen over the last year is an ability for the Governor and the Legislature to come together and make very tough decisions – and I think you’re going to see more of the same.” With so many critical issues facing our state, it is PCL’s hope that the Speaker is correct in his assessment; and that when tackling these pressing matters, the Legislature acts deliberately, thoughtfully and transparently.
Last night, the 2011 legislative session officially came to a close at midnight. The highly anticipated first year of Governor Brown’s new term has yielded new laws to protect public health from polluted drinking water, lead, and BPA in baby products. Brown signed legislation designed to curtail the immensely controversial practice of “shark finning” and well as legislation to protectCalifornia’s precious State Parks from closure. Overall, Governor Brown had an excellent record of signing strong environmental bills into law; a few such measures, however, fell victim to the Governor’s veto pen.
Bills Signed:
PCL Sponsored Legislation
AB 320 (Hill) – This bill prevents CEQA lawsuits and litigation from being thrown out in the event a “recipient of approval” appears only after the statute of limitations time period has passed. The bill will help bring clarity to the question of which parties must be named in CEQA lawsuits and litigation. After a similar PCL-sponsored bill was vetoed by Governor Schwarzenegger last year, PLC is thrilled that AB 320 is now law. Huge thanks to Assemblymember Hill for carrying this bill for two years, to Governor Brown for signing it into law, and for all those who worked hard on the passage of this legislation.
Water
This year, the governor signed a couple of bills aimed towards reducing our reliance on imported water from the Sacramento-San Joaquin Delta estuary by improving the development and reuse of our local water supplies. These bills include:
AB 359 (Huffman) – Groundwater management plans – This bill encourages the sustainable management of groundwater resources by requiring, as a condition of receiving a state grant or loan, local agencies to including a map of prime recharge areas in their groundwater management plans. It would then require these maps to be shared with the planning agencies, interested parties and organizations.
AB 849 (Gatto) – Graywater building standards – This bill ushers the installation and implementation of residential and commercial graywater and storm retention systems; to reduce or eliminate regulatory barriers for water use and efficiency, and if feasible, to provide incentives to increase investment in and use of graywater systems.
Access to Clean Drinking Water
All four of the Human Right to Water Bills that had made it to governor’s desk have been signed (six bills were originally introduced). These bills are designed to help allCalifornia have access to safe, reliable, and affordable drinking water.
AB 938 (V.M. Perez) – Language Access on Public Health Notifications – This bill requires the public water system provide a written and non written public notice in English, Spanish, and in the language spoken by prescribed numbers of residents of the community served, in the event the public water system does not meet safe water drinking requirements.
AB 983 (Perea) – Access to Clean Up and Abatement Funding – This bill provides clarity to existing legislation in regards to the Safe Drinking Water State Revolving Fund, This fund continuously appropriates grants and revolving fund loans to provide for the design and construction of projects for public water systems that will enable suppliers to meet safe drinking water standards.
AB 1221 (Alejo) – Drinking Water Funding – This bill helps with infrastructural projects that deliver safe drinking water and allow for responsible waste water management in rural and disadvantaged communities throughout the state.
SB 244 (Wolk) – General Plans: Identifying Unincorporated Areas – This bill requires cities, counties and local agency formation commissions (LAFCOs) to analyze infrastructure deficiencies in unincorporated disadvantaged communities. The bill works to ensure that these neglected unincorporated communities, are provided with the basic necessities for a safe and healthy living environment.
Related to safe drinking water, the Governor also signed AB 54 (Solorio) and AB 1292 (Hernandez); both bills will protect, enhance and channel funds to drinking water systems.
Wildlife Protection
AB 376 (Fong) – Shark Fin Ban – This bill, co-authored with Assembly Member Huffman, makes it unlawful for any person to possess, sell, offer for sale, trade, or distribute a shark fin used in the traditional Chinese dish shark fin soup. This bill attempts to minimize the dangerous falls in shark populations and consequent damages to the world’s marine ecosystems.
Toxics
AB 1319 (Butler) – BPA ban in children’s products - The bill enacts the Toxin-Free Infants and Toddlers Act, which would prohibit the manufacture, sale, or distribution in commerce of any bottle or cup that contains the cancer causing chemical bisphenol A (BPA) that is intended primarily for infants or children three years of age or younger’s use.
SB 646 (Pavley) – Toxic lead jewelry ban enforcement – This bill closes an enforcement loophole inCalifornia’s landmark lead-in-jewelry law. Lead is a powerful neurotoxicant; children and pregnant women are particularly susceptible to its effects which include developmental disabilities and other serious chronic health problems. Now, three years of enforcement data show that multiple vendors/retailers have repeatedly violated the law without incurring any statutory penalties. This bill will stop the ability of new violators to bypass the lead-in-jewelry law.
Recycling
The Governor signed legislation establishing the most ambitious recycling goal in the nation forCalifornia, at the same time enacting incentives aimed at increasing recycled material processing and manufacturing in-state. Together, this strategy is aimed at creating more than 60,000 green jobs in the state over the next 8 years.
AB 341 (Chesbro) – Bill presents a package of policies that will move California forward from land filling to waste reduction, recycling, and composting, by setting a statewide diversion goal of 75% and finally expanding recycling opportunities to the state’s largest underserved sectors: businesses and apartment buildings.
AB 1149 (Gordon) – This bill will provide market-based incentives of $10-$20 million annually to processors and manufacturers of recycled plastic.
Energy
SB 454 (Pavley) – This bill allows the California Energy Commission to enforce energy efficiency standards for appliances. This bill requires recipients of energy efficiency rebates to certify that licensed contractors were used and any required permits obtained. SB 454 helps level the playing field for builders, contractors and businesses who are complying withCalifornia’s efficiency standards.
State Parks
AB 42 (Huffman) – State Parks Partnerships – this bill allows the state to explore beneficial partnerships with non-profit organizations that can help support state park system. In these times, when our state parks are being proposed for drastic program cuts and potentially massive closures, it is important to safeguard this multi-million dollar public asset and maintain public access to our parks.
Bills Vetoed:
AB 275 (Solorio) - The Rainwater Capture Act of 2011 – which would have authorized landowners to install, maintain, and operate rain barrel systems, provided that the systems comply with specified requirements.
SB 833 (Vargas) – San Diego solid waste facilities – This bill, co-authored by Assembly Member Hueso, would have protected critical drinking water sources and sacred Native American sites in Northern San Diego County, by making it illegal to operate a landfill within 1,000 feet of those sensitive resources. This bill applies only to new landfills and not existing, permitted landfills or any expansion of an existing, permitted landfill.
SB 834 (Wolk) – Integrated regional water management plans – would have required regions receiving water from the Sacramento-San Joaquin Delta to demonstrate how their Integrated Regional Water Management project will reduce reliance on the Delta.
Last week, at theLos AngelesConvention Center, Governor Jerry Brown signed two bills with the aim of streamlining the California Environmental Quality Act (CEQA). One of the bills, SB 292 (Padilla) provides preferential treatment for the construction of an NFL stadium in downtownLos Angeles. In exchange for developer AEG committing to certain mitigation measures up-front, any CEQA challenge to the project would bypass the traditional route of Superior Court. Such a challenge would instead go directly to the Court of Appeals, which would then have 175 days to render a final decision. AB 900 (Buchanan) would provide similar judicial streamlining to massive ($100M+) infrastructure projects that the Governor signs off on.
The Planning and Conservation League opposed both bills. While it may seem innocuous, the judicial streamlining could undermine public input and proper court review for these projects, while further stressingCalifornia’s already over-burdened judicial system. Without robust court review of CEQA cases – which often provides the greatest leverage for community groups looking to safeguard local air and water quality – one can imagine situations where agencies and project proponents undertake less stringent environment review without fear of negative repercussions afforded by judicial review.
The rushed process that was used to approve these bills (both of which were introduced with less than a week left in the legislative session by ‘gutting-and-amending’ other legislation) also didn’t allow for proper vetting and could lead to unintended consequences. Several experts have already questioned whether these bills would hold up to a constitutional challenge, which could result in a lengthy court case…the opposite of what the bills’ authors and proponents were seeking to achieve.
Perhaps most disappointing was the Governor’s rhetoric when signing these bills among significant fanfare, celebrating the worrisome precedent SB 292 and AB 900 have created. Railing that “[t]here are too many damn regulations” and that these bills were needed to get people to work, the Governor reinforced the oft-repeated mischaracterization that environmental and community protection are contrary to economic development while ignoring the fact that it is rarely these safeguards that stall projects. Setting himself up as the ultimate ‘decider’ of what is a good environmental project affords the Governor too much power; while allowing wealthy, influential corporations to tinker with the laws that apply to them whenever they are inconvenient opens up a floodgate of possible special exemptions that can harm California’s environment, undermine our quality of life and even threaten our long-term economic health.
PCL appreciates that CEQA is not sacrosanct – like any law, it should be assessed and, if needed, altered to achieve its intended goals. And we are sympathetic the intent of the legislation – to promote infill and renewable energy projects and provide desperately needed jobs for Californians – though we are skeptical that the approach taken will actually yield those results. We look forward to working with the Governor and Legislature on solutions that we all agree will put Californians back to work in quality jobs while safeguarding our natural resources and communities…and doing so in a deliberative and thoughtful manner that doesn’t confuse activity for achievement.
