october 2003 california today, planning and conservation league newsletter

8/3/2019 October 2003 California Today, PLanning and Conservation League Newsletter

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UALITY ENVIRONMENTAL JUSTICE SUSTAINABLE ENERGY

1

Pollution..3 Big Winners..4 Prop 54..7 PCLs Compact..8

C A L I F O R N I ATHE PLANNING & CONSERVATION LEAGUE VOLUME 33, NUMBER 5 OCTOBER 2003

TODAYPCL, PCL Foundationand the New

Administration

Continues on page 2

The recall of California's Governor, Gray Davis, and the election of

Arnold Schwarzenegger is the single most dramatic political and

electoral event in California history. How the environmental

community responds to this political earthquake will be determinative of

our ability to shape public policy for at least the next three years.

Although Mr. Schwarzenegger did not speak extensively about envi-

ronmental issues on the campaign trail, he did issue an "Action Plan for

California's Environment", the most comprehensive plan of any candidate

seeking to replace Governor Davis.

In many respects, the Schwarzenegger plan is consistent with the goalsof the environmental community in that it calls for "cut(ting) air pollution

statewide by up to 50% and significantly reduce California's dependence

on foreign oil before the end of this decade."

Other aspects of the plan include actions to "protect California's

rivers, bays, and coastline by opposing oil drilling in coastal waters and

improving water quality."

Regarding energy, the Governor-elect proposes to "solve California

electrical energy crisis (by) reducing consumption by 20% within two years

through conservation measures; and dramatically increase(ing) the supply

of clean, renewable energy sources."In the area of managing growth, the plan would "restore our urban

environments by expanding mass transit, creating incentives for infill

development, promote environmental justice, and improve our children's

Governor Davis has been a

strong proponent of environ-

mental protection and leaves

behind a long list of environ-

mental successes.

Mr. Schwarzenegger has also

made strong commitments to

environmental protection in

his campaign and seems to

understand that a healthy

environment is key to a

healthy economy.

The first test of his willingness

to carry out his campaign

promises will be his environ-

mental appointments. PCL

stands ready to help the new

Governor protect and improve

California's environment

Jan Chatten-Brown

PCL Board Member


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PLANNING & NATURAL RESOURCE CONSERVATION AIR &

2

C A L I F O R N I A

TODAYCALIFORNIA TODAY (ISSN 0739-8042) is thebimonthly newsletter of the

PLANNING AND CONSERVATIONLEAGUE AND THE PCL FOUNDATION

926 J Street, Suite 612, Sacramento, CA 95814

916-444-8726 FAX 916-448-1789

E-MAIL ADDRESS: [email protected] ADDRESS: http://www.pcl.org

PCL is a membership organization devoted to thepassage of sound environmental and planninglegislation in California.

Membership is $35 a year, and includes a subscriptionto CALIFORNIA TODAY.

Periodicals postage paid at Sacramento, CA.POSTMASTER: Send address changes forCALIFORNIA TODAY to the PCL office:926 J Street, Suite 612, Sacramento, CA 95814.

PCLF BOARD OF TRUSTEES AND OFFICERS

DAVID HIRSCH, Chairman

ROBERT KIRKWOOD, Secretary-TreasurerHARRIET BURGESS, Trustee

COKE HALLOWELL, TrusteeARMANDO RODRIGUEZ, TrusteeANDREA SUMITS, TrusteeGERALD H. MERAL, Ph,D., President

PCL BOARD OF DIRECTORS

SAGE SWEETWOOD, President

KEVIN JOHNSON, Senior Vice PresidentGARY PATTON, Vice President, AdministrationJ WILLIAM YEATES, Secretary-Treasurer

REGIONAL VICE PRESIDENTS

ELISABETH BROWN, Orange CountyPHYLLIS FABER, Central ValleyDOROTHY GREEN, Los Angeles

ORGANIZATIONAL BOARD MEMBERS

American Farmland TrustArchaeological ConservancyAudubon Society; Bay Area ChaptersCalifornia Association Of Bicycling OrganizationsCalifornia Association Of Local Conservation CorpsCalifornia Native Plant SocietyCalifornia OutdoorsCalifornians Against WasteCommunity Conservancy InternationalGreenbelt AllianceHeal The BayLaguna Greenbelt Inc.League To Save Lake TahoeMarin Conservation LeagueMono Lake CommitteeMountain Lion FoundationMountains Restoration TrustSave San Francisco Bay AssociationSouthern California Agricultural Land Foundation

Train Riders Association Of California

PCL STAFF

FRED KEELEY, Executive Director

CORTNEE BEGGS, Administrative AssociateALEXANDRA BORACK, Administrative AssociateTYRONE BUCKLEY, Diversity Program CoordinatorGUSTINE CHAVEZ, Administrative DirectorMARC DE LA VERGNE, Associate Executive DirectorKAREN DOUGLAS, General CounselMARION GUERARD, Legislative AssistantREBECCA HARRIS, Development Director

TIM McRAE, Special Projects DirectorEDDY MOORE, Transportation DirectorDAVID SHOREY, Membership CoordinatorCHRISTOPHER SMEDLEY, Staff AccountantMELISSA WHEELER, Administrative AssociateCALIFORNIA AFFILIATE, NATIONAL WILDLIFE

FEDERATION

FRED KEELEYEXECUTIVE DIRECTOR

Continues from page 1

environment." The plan also calls for "tough enforcement" of California's

existing environmental laws.

The plan provides some specific steps that the new administration would

take through executive action, or support if presented bills by the legislature.

What is not clear is the degree to which these aggressive and positive

planning and environmental protection actions are consistent with orcontrary to the new administration's efforts in other areas, such as eco-nomic development, eliminating the car tax, proposing and adopting abalanced budget without increasing taxes or cutting education.

What is known is that we are entering a time where there are noroadmaps as to where the state is going, or how the new administrationintends to get there. The practical challenges of proposing an honestbudget that eliminates the car tax ($4 billion in lost revenue), does notraise existing taxes nor propose new taxes, and actually increases spendingin public education, are enormous. The structural deficit in the budgetalone is nearly $10 billion.

As California's only statewide planning and environmental coalition,the Planning and Conservation League and the PCL Foundation willparticipate in all aspects of setting public policy in this new era. We arecurrently involved in discussions with members of the Governor-elect'stransition team. We will be active in the legislative and regulatory arenas(PCL), and we will be active in the research and the tough work of implement-ing environmental programs in communities throughout the state (PCLF).

As you will see from reading this edition of California Today, PCL andPCLF are having a very successful year with regard to advancing anaggressive package of environmental and planning bills. We are, at thesame time, taking on significant new projects ranging from developingstrategies to thwart the federal government's relentless assault on California'senvironment, to reducing children's exposure to lead in urban areas.

As the Executive Director of these two organizations, I arrive at workeach day with great optimism and enthusiasm. I do so because of thetalented staff that works here. A staff that takes on the most dauntingplanning and environmental challenges of the day, and finds creative,thoughtful and practical solutions that advance good public policy.

With the arrival of a new administration, we will renew our efforts torepresent you well, to be at the center of the public policy decision-makingvenues, and to adhere to our principles that have guided us so well fornearly forty years. However, in order to be effective, we need your support

and help. It is likely that we will have to add personnel resources in orderto meet the challenges that will appear on every front. It is likely that thenew administration will need very constant and effective pushing from theenvironmental community in order for them to walk an environmental line.

Please help us rise to these new challenges. Please help us build astronger and more effective PCL by making a contribution today.

Thank you for your continued support.


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The PCL Foundation proudly announces its most recent publication,

Stormwater Pollution: Causes, Impacts and Solutions. Stormwater

Pollution explains that stormwater pollution is the result of rain

washing pollutants from our rooftops, streets, lawns, and fields into

Californias streams, rivers, and eventually into the Pacific Ocean. The

report focuses on urban runoff, the effect of stormwater in Californias

increasingly urban landscape on the health of humans and our environ-

ment. Finally, the report recommends that local governments have greater

ability to raise funds to reduce the health, economic,and environmental threats posed by stormwater

pollution.

Stormwater is the primary source of coastal

pollution in southern California. Stormwater runoff

is the number one known source of beach closure days

and beach warning days, which occur when indicator

bacteria exceed levels established by the state. These

closures have the effect of diminishing tourist revenue

- Huntington Beach alone lost over $20 million in

tourist revenue in 1999 due to beach warning days

and beach closure days.PCL has teamed up with Assemblymember Tom

Harman (R-Huntington Beach) to sponsor Assembly

Constitutional Amendment 10, a bill introduced in the

2003-04 legislative session. ACA 10 proposes to

implement to the primary recommendation of our

Stormwater Pollution guide. The recommendation is to amend the Califor-

nia constitution to allow local governments to raise fees on property

owners without a two-thirds vote of the people in order to fund prevention

and treatment programs that reduce stormwater and urban runoff pollu-

tion. It is necessary to change the constitution because Proposition 218,

passed by the voters in 1996, limited the ability of cities and counties toraise such fees without a two-thirds vote (a nearly impossible threshold).

ACA 10 has passed through its first two committees and awaits action

on the Assembly floor. The Assembly can take it up at any time when it

returns in 2004. ACA 10, like all constitutional amendments, will need a two-

thirds majority vote in both houses of the legislature and then majority

approval of the voters in order to become law. PCLF has laid out the case for

why this change is necessary; PCL will be fighting next year to see it happen.

For more information, please contact Tim McRae, PCL Special Projects

Director, at (916) 313-4523 or [email protected].

PCL Takes onStormwater Pollution

PCL Foundation releases Stormwater Guide; PCLsponsors legislation to address stormwater pollution


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"This sends a stron

message that wateplanners must addrethe environmenta

consequences of watransfers."

Three bills passed this

session, SB 317 (Kuehl), SB

654 (Machado), and SB

277 (Ducheny), completely restruc-

tured the proposed water transfer

between the Imperial Irrigation

District (IID) and thirsty cities in

southern California. The Salton

Sea - and California water policy -is better off because of it.

Under the terms of the revised

water deal, $20 million of Proposi-

tion 50 funds will go to develop-

ment of a restoration plan that, to

the maximum extent feasible,

protects bird species, eliminates air

quality impacts, and protects water

quality at the Salton Sea. The plan

could include activities at the

Colorado River Delta.

Salton Sea, Forest WBig Winnersthis Leg

Measures on Renewable Energy, Air anTo help fund the restoration

plan, the legislation authorizes a

precedent-setting arrangement

where the State will sell IID water

and dedicate the profits - estimated

at $290 - 350 million dollars -- to

the Sea. New fees on interim

surplus water and on future water

transfers from IID will also helpfund the restoration plan.

PCL General Counsel Karen

Douglas, a lead negotiator of this

agreement for environmental

groups, said "Two years ago, a

head-on collision between the

biggest long-term agriculture to

urban water transfer in the country

and the environment seemed

inevitable." Since then, the deal

has been rewritten to protect the

Salton Sea and establish unprec-

edented environmental conditions

on the water transfer. "This sends

a strong message that water plan-

ners must address the environmen-

tal consequences of water trans-

fers," Douglas said.

Two years ago, when Douglasfirst began working to protect the

Salton Sea, the outlook for this

troubled oasis was very bleak. The

proposed transfer threatened to

significantly cut inflows to the Sea,

sharply increasing salinity and

exposing up to 80 square miles of

seabed. This was a recipe for

environmental disaster, not only for

birds and wildlife, but also for

people who would be exposed toblowing dust from the dried-up

Sea. The region already suffers

some of the worst air quality in

California.

However, the water transfer

seemed almost inevitable. It was a

fundamental part of the Quantifi-

cation Settlement Agreement

(QSA), which quantified water


5/8


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continues on page 6

Mapping Timber CutsAB 47, authored by

Assemblymember Joe Simitian

(DPaloAlto) is another PCL-

sponsored forestry bill that

passed this session. AB 47

requires that timber harvest

plans contain maps that show

where logging has occurred

over the past ten years in the

watershed on land owned or

controlled by the timber harvest

plan submitter. The maps will

also be required to contain

information on silvicultural

prescription (i.e. whether the

past timber harvest was a clear

cut or a selective cut) and on

the location of probable future

timber harvests. This informa-

tion will make it much easier for

reviewers of timber harvest plans

to see where cumulative impacts

of logging are likely to be felt.

ersheds areative Sessionater Quality also Enacted

allocations on the Colorado River.

If the QSA was not signed by

December 31, 2002, California

stood to lose more than a million

acre-feet of Colorado River water

under the terms of the 4.4 Plan, an

agreement to reduce California

water use from the Colorado River

to 4.4 million acre-feet. Manypeople worried that this would

cause southern California water

agencies to pump more water from

the Bay-Delta. Nevertheless, PCL

and a handful of allies rallied to

save the Salton Sea. After two

years of hard work, negotiators

reached agreement on a much more

environmentally friendly water deal

in the last week of this legislative

session. The QSA was finally

executed on October 10th, 2003.

Landmark ForestryReform Bill Signed!PCL and the Sierra Club joined

forces to pass SB 810, a majorbreakthrough for environmental

advocates, who have been repeat-

edly stymied in their quest for

reform of forestry practices.

Senate President pro Tempore John

Burton (DSan Francisco) authored

the bill, and Assemblymember Joe

Nation (DSan rafael) was the

Assembly co-author.

SB 810 gives Regional Water

Quality Control Boards the author-

ity to block the approval of logging

plans that would violate water

quality standards in a watershed

that is degraded by excessive

sediment. This problem is espe-

cially severe on the North Coast,

where nearly 14,000 miles of

streams are now listed as "im-

paired" by the U.S. EPA. Coho

Salmon have been lost over half of

their historic streams, and somerural residents have lost their water

supplies because of logging.

Fred Keeley, Executive Director

of the Planning and Conservation

League, considers SB 810 "the

most significant reform of

California's Forest Practice Act

since it was created in 1973."


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Big Winners this Legislative SeasonContinued from page 5

The bill puts teeth into the existing

requirement that logging plans

must comply with water quality

standards. Previously, the Califor-nia Department of Forestry could

approve timber harvest plans over

the objections of the regional water

quality control boards. SB 810

changes that, allowing regional the

water boards to block approval of a

timber harvest plan if the plan would

cause or contribute to a violation of

water quality standards. This new

authority only applies in watersheds

that have been listed as impairedbecause of excessive sediment.

The bill passed the Assembly

with 43 votes, two votes over the

41-vote threshold for passing

measures out of the Assembly.

Governor Davis signed SB 810 on

October 12, 2003.

PCL Sponsored

Renewable Energy& Clean Air BillSigned

PCL staff were thrilled to gain

passage of AB 1685,

Assemblymember Mark

Leno's (D-San Francisco)

legislation extending until

2008 California's program to

help commercial, industrial,

and local governments install

their own power supply

systems. PCL worked closely

with the California Solar

Electric Industry Association

to protect the "Self Genera-

tion Incentive Program."

which is funded from a charge

on utility bills and which

heavily favors solar power.

Under the program, California's

market for larger solar photovol-

taic systems has grown 1000% in

two years. Projects built so farinclude a 4-acre system on top of

an Alameda County correctional

facility, which will save the County

an estimated $15 million in power

costs and avoid over 3 million

pounds per year of harmful air

pollution. "Investing in big sys-

tems like this one is a good strategy

to create a bigger market with

lower prices," said PCL's Eddy

Moore. The legislation alsoestablishes the most rigorous clean

air standards in the nation for gas-

fired electric generators participat-

ing in the program.

Other landmark environmental

legislation signed by the Governor

include:

SB 288 (Sher), which maintains

California's strict air quality

standards and rejects the Bush

Administration's rollback of theClean Air Act in California.

SB 700 (Florez), which removes

the decades-long exemption

granted to agriculture from

California's clean air laws.

SB 20 (Sher), which establishes a

statewide program to collect and

recycle computer monitors,

televisions, and similar electronic

waste. SB 923 (Sher), which limits the

ability of the State Water Re-

sources Control Board to grant

waivers for discharging pollut-

ants to water.

Overall, this was a remarkably

good year for environmental bills


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O

n the controversial

October 7th ballot,

Californians were asked

to make some difficult choices. Atthe same time we were deciding

whether or not to recall our Gover-

nor, Ward Connerlys Classification

by Race, Ethnicity,

Color, or National

Origin (CRENO)

Initiative was on the

ballot as Proposition

54. Proponents

were calling it the

Racial PrivacyInitiative. The

deceptively named

initiative was not

about privacy but

about denying

access to critical

information.

The proponents of the initiative

claimed that it was a major step in

creating a color-blind society. The

problem is that we do not yet livein a society where race and

ethnicity are not an issue. Dispari-

ties in health care, education, law

enforcement, and environmental

protection prove it. Not knowing

about societal inequities will not

make them go away.

PCLs effort to address Environ-

mental Justice concerns through its

Diversity Program would have been

Race-based Data Does Matterseverely harmed if the proposition

had passed. People of color are

bearing a disproportionate burden

of Californias environmentalpollution. If the proposition had

passed, the state would no longer

have had access to information

vital to examin-

ing whether or

not its environ-

mental laws

were equally

protecting all

Californians.

We have madegreat gains in

California in

acknowledging

that race is an

issue in environ-

mental protec-

tion. Proposition 54 would have

been a huge step backward.

For example, the proposition

would have prohibited state and

local government from gathering

race-based information on expo-

sure to toxic materials. Childhood

exposure to lead is a serious

problem, one that has been shownto be prevalent in communities of

color. Even at low levels, it reduces

a persons intelligence, makes it

difficult to concentrate or pay

attention, and harms hearing.

Fighting childhood exposure to

lead is a very difficult endeavor and

many people are struggling to solve

the problem. Clean up efforts are

expensive and legislative solutions

are difficult to achieve. Theinitiative would have put yet

another barrier in solving an

already difficult problem. The fact

is, race-based data does matter if

we are going to continue our

efforts to achieve social and envi-

ronmental justice.

For more information, contact

Tyrone Buckley, PCL Diversity

Coordinator, at (916) 313-4538 or

[email protected].

People of colorare bearing a

disproportionateburden of

Californiasenvironmental

pollution.

Prop 54

Yes 2,904,771 36.0%

No 5,144,465 64.0%

(as of Oct 15, 2003at 12:48 pm)


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C A L I F O R N I A

TODAY

PLANNING AND CONSERVATION LEAGUE PCL FOUNDATION

926 J Street, Suite 612 Sacramento, California 95814

Recycled paper/printed in soy ink

The impacts of unfetteredsuburban sprawl and urban

disinvestments on the

California landscape and on its

people are profound and growing.

With 11.3 million new residents

expected over the next two de-

cades, the need to respond with

policies that manage our states

growth in more sustainable and

equitable patterns is acute. The

PCL Foundation believes that now

is the time to take action, and that

further delay will only be cata-

strophic for our states land and

people.

Among state officials, legisla-

tors, business leaders, advocacy

groups, and citizens, there exists

growing interest in taking action.

Many have written persuasively

about the problems posed by

Californias sprawling and poorly

planned growth. Innumerable

conferences have been held to

discuss these problems and what to

do about them. Among those who

favor land use reform, agreement

generally has been reached on the

basic principles of more sustainable

and socially equitable land use and

development. The problem is that

the key public policy changes that

TheBetter California Compact

are needed to put these principlesinto action have either not been

implemented at all, or not on a

scale to match the severity of the

challenge.

Putting the P back in PCL,

the PCL Foundation has decided to

help knit together a broad coalition

of interests to push for implementa-

tion of specific public policy

changes that will be effective in

blunting sprawl and revitalizingour existing communities and that

have a realistic prospect of being

enacted either by the legislature

and the Governor, or by citizen

initiative. The PCL Foundation

recently has established a partner-

ship with a team of other advocacy

groups working on land use,

environmental protection, and

social equity, to lead the Better

California Campaign. The BetterCalifornia Campaign will soon

begin to reach out to a much wider

circle of allies in the business,

agriculture, affordable housing,

transportation, community revital-

ization, organized labor, faith, and

other communities.

The goal of the Better Califor-

nia Campaign is to craft a political

compact to implement majorland use planning reforms and link

them to fiscal and other incentives

that would be available only to

those communities that can demon-

strate their commitment to carrying

out the reforms. The process of

striking this compact will be first

be used to organize a coalition that

can work to pass legislation in

2004 and 2005 to enact the Better

California Compact-the specific

policy proposals. Since there are

also many administrative changes

that need to be made, the Compact

must gain support from the

Governors office. If that support is

not forthcoming, we will press for

a commitment from the gubernato-

rial candidates in 2006 to imple-

ment the Compact. Finally, we will

develop and, if necessary, pursue

the credible threat of a citizens

initiative to implement the Com-pact if the Legislative and Guber-

natorial approaches fail and

building a coalition to support a

ballot measure in 2006. For more

information contact Marc de la

Vergne, PCL Associate Director, at

916-313-4520 or

[email protected].

october 2003 california today, planning and conservation league newsletter

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