September 2010 California Today, PLanning and Conservation League Newsletter

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PLANNING AND CONSERVATION LEAGUE
PLANNING AND CONSERVATION LEAGUE FOUNDATION

CALIFORNIA TODAY
Newsletter of the Planning & Conservation League
PCL helps pass Prop. 117 to ban cougar trophy hunting. PCL sues DWR over the Monterey Amendments and later wins. Governor Schwarzenegger signs the Flood Package, which PCL worked to pass. PCL continutes to lobby for environmental protections.

September 2010

Volume 40, Number 3

PCL assists with stopping the Trans-Sierra highway.

PCL drafts, and Governor Reagan signs CEQA.

Then

1970s

1980s

1990s

2000s

Now

Happy 45th Birthday to the League
By: Dr. Jerry Meral

Gradually the PCL Board was broadened to include This year marks PCL’s 45th year of environmental leadership. Formed in 1965, the League has come a long way in terms of its Democrats, and a variety of conservation groups seeking skills, staff, and focus. While we enjoy looking ahead with this representation before the Legislature. These organizations milestone anniversary, we also want to pay tribute to our past. Here still have representatives on the PCL Board, suggest is a little organizational history, written by former PCL Executive legislative ideas, and strengthen PCL at the local level, improving our ability to talk to legislators in the districts. Director Jerry Meral. It all started with the California Roadside Council, a During the Jerry Brown administration, PCL declined group that was formed in the early 1960s, to fight billboard somewhat, since conservation groups and the public believed blight. Council members Bill Evers and Helen Reynolds saw that Brown would adequately promote conservation before the need for a group to work in the Legislature on billboard the Legislature. and other environmental issues. At the time, no conservation During the administrations of Governor Deukmejian group had a full-time legislative representative. and Wilson, PCL thrived, since these governors were Taking hold of the idea, Evers and Reynolds formed a generally not friendly to the conservation agenda. PCL new group: the Planning and Conservation League for passed a wide variety of legislation with help from a Legislative Action (later mercifully shortened to the legislature dominated by Democrats. PCL also turned to a Planning and Conservation League), and attracted other series of successful (and unsuccessful) ballot initiatives when moderate Republicans to the board. In the early 1960’s, the Legislature refused to pass bills providing funding for conservation was largely a cause of progressive Republicans. parks, wildlife, and public transportation. Successful Jud Clark was an early lobbyist. John Zierold became a full initiatives in 1988 and 1990 provided more than $20 billion time lobbyist, but was later hired by the Sierra Club. He was for these purposes. The League also sponsored the successful replaced by Bill Press, an aide to State Senator Peter Behr. initiative banning mountain lion hunting. When Press went to work for Governor Jerry Brown he was Many of the League’s efforts can be seen today through replaced by the Sierra Club’s Larry Moss. thousands of acres of protected lands, improved Early victories included the Coastal Act, California developments, and an engaged public involved in the decision Environmental Quality Act, early versions of the California making process. We have a lot to be thankful for, and your Clean Air and Clean Water Acts, and a variety of park and support is included in those thanks! clean water bond acts. CALIFORNIA TODAY • Planning and Conservation League & PCL Foundation

Dear Friends,
CALIFORNIA TODAY (ISBN 0739-8042) is the quarterly newsletter of the PLANNING AND CONSERVATION LEAGUE AND THE PCL FOUNDATION
1107 Ninth Street, Suite 360, Sacramento, CA 95814 PHONE: 916-444-8726 FAX: 916-448-1789

E-MAIL ADDRESS: [email protected] WEB ADDRESS: http://www.pcl.org Membership to PCL is $35 a year and includes a subscription to CALIFORNIA TODAY. Periodicals postage paid at Sacramento, CA and at other additional offices. POSTMASTER: Send address changes for CALIFORNIA TODAY to the PCL Office: 1107 Ninth Street, Suite 360, Sacramento, CA 95814

PCLF BOARD OF TRUSTEES
DAVID HIRSCH, Chairman RALPH B. PERRY III, Vice Chairman DANIEL S. FROST, Secretary-Treasurer COKE HALLOWELL, Trustee GERALD H. MERAL, Trustee

PCL EXECUTIVE COMMITTEE
BILL CENTER, President KEVIN JOHNSON, Senior Vice President LYNN SADLER, Secretary-Treasurer SAGE SWEETWOOD, President Emeritus JOHN VAN DE KAMP, President Emeritus

REGIONAL VICE PRESIDENTS
ELISABETH BROWN JAN CHATTEN-BROWN PHYLLIS FABER RICK HAWLEY FRAN LAYTON DOUG LINNEY DAVID MOGAVERO STEPHANIE PINCETL TERESA VILLEGAS TERRY WATT BILL YEATES

ORGANIZATIONAL BOARD MEMBERS
Big Sur Land Trust Breathe California, Sacramento-Emigrant Trails California Association of Local Conservation Corps California Oak Foundation California Trout Greenspace - The Cambria Land Trust Golden Gate Audubon Society The Laguna Greenbelt, Inc. Mono Lake Committee Mountain Lion Foundation Sierra Nevada Alliance Southern California Agricultural Land Foundation Train Riders Association of California The Trust for Public Land

It’s budget time in Sacramento, and as part of this year’s budget dance, Governor Schwarzenegger is proposing giving dozens of projects a green light to move forward with little or no environmental review and diminished public participation. Some special interests are trying to buy a ticket to the dance by lobbying for environmental review exemptions for new football stadiums, oil refineries, and other pet projects. Forty years ago, then Governor Ronald Reagan signed the California Environmental Quality Act (CEQA) into law to make sure that the public had the ability to participate in decisions about their communities and quality of life. CEQA allows people to protect what they value. It gives ordinary citizens a voice and levels the playing field with well-monied interests. It ensures that political and financial clout don’t rule. It is what our communities, democracy, and self-governance are all about. CEQA is the heart of California’s legacy of environmental protections. Schwarzenegger’s proposal authorizes a gubernatorial appointee to hand-pick 125 projects to sidestep meaningful environmental and public health review. That puts local land use decisions in the Governor’s hands. That’s right - the Governor will decide which projects get this free pass, shutting out local communities, local officials, and others. When all is said and done, the courts will not even be able to help remedy or review what he chooses. The Schwarzenegger Administration is using the economic downturn as an excuse to rollback California’s premier environmental law. Economic downturn or not, when the economy is booming and the recession is long out of sight, these same special interests will be pushing for these same projects. This is the same song and dance that many legislators have heard and rejected many times before. It is amazing to think the Governor applauds the conservation acquisition of the largest private contiguous inholding in the state (the Tejon Ranch) and yet is willing to ignore the environmental protections afforded to us through CEQA. The League, as it has and will continue to do, is working diligently to ensure the Governor does not undo California’s environmental legacy with the stroke of a pen. Sincerely, Traci Sheehan Executive Director P.S. We’ve had an extremely productive summer fighting these CEQA rollbacks... thanks to all of our hard-working summer interns on this and other issues!

PCL/PCL FOUNDATION STAFF
TRACI SHEEHAN, Executive Director TINA ANDOLINA, Legislative Director EVON CHAMBERS, Water Policy Assistant DR. MONICA HUNTER, Central Coast Water Project Manager JONAS MINTON, Senior Water Policy Advisor JONATHAN BERNSTEIN, Administrative Manager MIGUEL LUNA, Water Policy Consultant DAVID MAURIER, Water Policy Analyst MATT RAYMOND, Membership & Development Coordinator MELANIE SCHLOTTERBECK, Grants & Outreach Consultant

California Affiliate National Wildlife Federation

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CALIFORNIA TODAY • Planning and Conservation League & PCL Foundation

CEQA Being Torn Down by Continuous Exemptions Fast Facts
By: Jena Price

Swayed by the false promise of jobs and millions in new revenue, last year California legislators passed ABX3 81 by Isadore Hall. The measure gave billionaire Ed Roski of Majestic Reality a free pass from having to fully comply with the California Environmental Quality Act (CEQA) for the development of a 75,000 seat football stadium in the City of Industry. The neighboring cities of Walnut and Diamond Bar, as well as a local citizen’s group, challenged Industry’s Environmental Impact Report in court. So, Industry and Majestic ran to the Legislature asking that the stadium be exempt from CEQA, throwing the case out of court. When passing this extraordinary CEQA exemption, many legislators said it was a “one-time deal” necessary to lure the NFL to Los Angeles and bring much-needed jobs. Unfortunately, the precedent has been set and other developers with similar plans feel they deserve the same treatment. Now, leading sport and entertainment presenter AEG is seeking to circumvent CEQA regulations in its attempt to develop a new NFL stadium in downtown Los Angeles. If allowed, AEG’s stadium proposal would side step all environmental

review and completely shut the public out of the planning process. AEG has stated that it is only asking for the same treatment given to Majestic Realty and Industry. In an effort to rally against yet another CEQA exemption, over 120 conservation, labor, neighborhood, housing, and business groups in California have come forward in opposition. Considered the most stringent set of environmental protections in the country, over the last 40 years CEQA has required the environmental review of thousands of potentially hazardous projects. California’s population has more than doubled since CEQA’s creation, and we are a cleaner, less polluted California because of it. The bypass of CEQA for the Majestic stadium set an unfortunate precedent that has allowed for the power of CEQA to be slowly chipped away. Governor Schwarzenegger, shortly after the passage of ABX3 81, called for exempting another 125 development projects from the legal requirements set out in CEQA. Lawmakers need to understand that as long as they grant these types of exemptions, the legacy of CEQA will slowly deteriorate and so will the environmental conditions in our state.

51 Million
The projected population of California in 2035.

42
The percent of people who live and work within ½ mile of a transit station in the Bay Area and who use it.

4
The percent of people who don’t live or work within ½ mile of a transit station in the Bay Area and who use it.

40-70
The projected increase in vehicle miles traveled by 2030.

38
The percent of California’s greenhouse gas emissions caused by transportation.

15 million
The metric tons that are proposed to be reduced in CO2 emissions by 2035 if CARB’s targets are adopted.

7-8
CARB’s proposed percentage of greenhouse gas emissions reduced per capita by 2020.

What You Can Do...

The League has united a strong coalition opposing CEQA rollbacks. Email [email protected] to help. Here is what you can do: CARB’s proposed percentage of • Have your organization join the rollback opposition list; • Send a letter to your legislator letting him/her know about your greenhouse gas emissions reduced per capita by 2035. opposition; and/or • Hold an in-district meeting with fellow CEQA supporters to Statistics from the August 9, 2010 Staff Report to the educate your legislator about CEQA. California Air Resources Board (CARB) and ClimatePlan. CALIFORNIA TODAY • Planning and Conservation League & PCL Foundation

13-16

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PCL 's Positions on November 2010 Statewide Measures
By: Laura Brezney

Oppose
Proposition 23
Dirty Energy Initiative PCL opposes the Dirty Energy Initiative Proposition 23. This measure, funded mainly by two Texas oil companies Valero and Tesoro, would suspend California’s landmark clean energy and climate bill AB 32. The oil companies and other polluters have poured millions into the Prop. 23 campaign in hopes of weakening California’s crucial environmental protections. If passed, Prop. 23 would halt the state’s green jobs growth in its track and set back efforts to effectively combat climate change.

Support
Proposition 21
State Parks and Wildlife Conservation Trust Fund Act of 2010 PCL supports Proposition 21. It establishes an $18 annual vehicle surcharge that will be used to fund state parks and wildlife programs. Surcharged vehicles receive free admission to all state parks and beaches. The measure will provide a stable and sufficient funding source to keep state parks open. Under Prop. 21 State Park funds will no longer be a political football with the budget and its funds will no longer be raided to fill budget gaps.

Proposition 26
Polluter Protection Initiative PCL opposes Proposition 26. This dangerous measure would set our state back and let polluters off the hook, forcing taxpayers to clean up their mess. The initiative changes the State Constitution to require a two-thirds vote to pass any kind of fee at both the state and local level. Fees on polluters that generate much-needed revenue to clean up the pollution would be overturned and nearly impossible to pass. Passage of Prop. 26 would make passing a balanced budget even harder than it is now and ensure a continuous budgetary nightmare for the Legislature and California.

Proposition 25
Majority Vote Budget Initiative PCL supports Proposition 25, the Majority Vote Budget Initiative. This measure changes the legislative vote requirement necessary to pass the state budget from two-thirds to a simple majority. The measure would also require that, if the Legislature fails to pass a budget bill by the June 15 deadline, members of the Legislature will forfeit salary and reimbursement of expenses for each day until the budget is passed. The current, arcane, two-thirds vote requirement has allowed a minority of legislators to hold the budget hostage for anti-environmental policies that they could never pass otherwise.

What Happened to the Water Bond?
By: Evon Chambers

Just ahead of the Secretary of State’s deadline to send the Voter Information Guide to print, the California Legislature barely scraped together enough votes to pass AB 1265 (Caballero and Jeffries), which removes the immensely unpopular water bond from the 2010 ballot and delays it until the 2012 election. Opposition to the bond has been strong since its razor-thin passage by the Legislature last fall. Many liberal voters opposed the bond’s focus on dam construction because conservation, drinking water improvements,and other critical projects went under-

funded. Many conservatives opposed the bond due to its fiscal impact - an estimated $22 billion over 30 years. While delaying the bond was being debated, there was much talk of the opportunity to spend some time over the next legislative session renegotiating the bond with the hope of developing a proposal more palatable to the voters. With this water bond pulled from this November’s ballot, the Legislature also has the opportunity to pursue other proposals for ensuring California has a safe and reliable water supply for all Californians and for our environment.

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CALIFORNIA TODAY • Planning and Conservation League & PCL Foundation

Water Bond Heroes
By: Tina Andolina

Plastic Bag Bill
By: Tina Andolina

Last year the Legislature passed, and the Governor signed, the $11 billion water bond for Californians to vote on this November. In August 2010, the Legislature passed a bill AB 1265 to delay the water bond until the November 2012 ballot. PCL wants to extend our heartfelt thanks to the following legislators for their support and leadership in voting against the water bond delay: Senate Assembly Tom Ammiano Alyson Huber Ellen Corbett Joel Anderson Jared Huffman Mark Desaulnier Bill Berryhill Stephen Knight Loni Hancock Joan Buchanan Dan Logue Mark Leno Wesley Chesbro William Monning George Runner, Jr. Chuck DeVore Roger Niello Lois Wolk Noreen Evans Chris Norby Leland Yee Paul Fong Lori Saldana Ted Gaines Nancy Skinner Mary Hayashi Tom Torlakson Jerry Hill Mariko Yamada

At press time, the California Assembly passed AB 1998 (Brownley), but was awaiting passage in the Senate. It requires the elimination of single-use plastic bags in grocery stores, pharmacies, convenience stores, and numerous other commercial businesses. If passed in the Senate and then signed by the Governor, this ground-breaking bill would become a shining example of positive measures taken in plastic pollution mitigation. This bill would be implemented at a majority of large retail stores throughout the state as early as January 2011, reducing the annual production of plastic carry-out bags well below the 19 billion per year currently being produced; thus ensuring fewer urban tumbleweeds blowing in the wind and larger savings to California residents currently footing the bill to cover hidden litter removal costs.

Air Board Set to Determine Land Use GHG Emissions
By: Syndee Journel

On June 30th, the California Air Resources Board (CARB) released its much-anticipated draft greenhouse gas emission reduction targets, which were mandated by SB 375 (Steinberg), the Sustainable Communities and Climate Protection Act of 2008. The main goal of the Act is to reduce global warming emissions caused by urban sprawl and vehicle miles traveled (VMT) at the local and regional level as part of California’s overall efforts to curb global warming. Unfortunately, the draft targets left much to be desired. By locating homes near jobs and reducing sprawling new development, California can take a significant step toward curbing global warming. Where CARB sets the final targets, however, will determine if we take that step or if we continue with business as usual. The draft targets currently call for a per capita reduction in emissions ranging from 1-10% by 2020 and 13-16% by 2035, depending on the region, where smaller regions have lower targets compared to large areas like San Francisco and Los Angeles. Unfortunately, these targets are too low to substantively reduce emissions produced from VMT. The population is expected to grow by much more than 10% causing overall emissions to increase under the current reduction targets. That certainly was not the intent of the law.

Since the draft targets were released, CARB has held several public workshops to discuss the proposed reduction targets. Groups such as the California Lung Association, the Environmental Council of Sacramento, ClimatePlan, and the Sacramento Audubon Society are only a few among many requesting that CARB set more aggressive absolute targets. CARB has until September 30 to incorporate public comments before releasing the final targets. SB 375 is a crucial piece of legislation that can significantly increase the likelihood that California’s global warming reduction goals are achieved. If reduction goals are ambitious enough, SB 375 will result in positive changes to California, through the limit of urban sprawl, the creation of more walkable communities, and the reduction of greenhouse gas emissions.

CALIFORNIA TODAY • Planning and Conservation League & PCL Foundation

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Keeping California Children Safe from Toxic BPA
By: Senator Fran Pavley

I’m thrilled to report that California’s children scored a major victory recently as the State Assembly voted to pass my bill that would ban toxic BPA from items such as baby bottles, sippy cups, and formula cans. The “Toxics-Free Babies and Toddlers Act” (SB 797), which would work in coordination with California’s Green Chemistry Initiative to ban the use of BPA in feeding products designed for children three and under, now moves back to the Senate for concurrence before heading to the Governor’s desk. This was a real David and Goliath fight. The chemical and pharmaceutical industries waged an expensive and shamefully deceptive war to kill my bill. But in the end, my colleagues in the Assembly sided with children and with science and voted to protect our most vulnerable citizens. Bisphenol-A (BPA) is an artificial hormone that is widely used in shatter-proof plastic baby bottles, sippy cups, and the lining of formula cans. It leaches out of containers and into the food and drink consumed by babies and young children. More than 220 peer-reviewed studies have linked BPA to a host of health problems, including breast and prostate cancer, infertility, obesity, and neurological and behavioral changes, including autism and hyperactivity. The U.S. Food and Drug Administration expresses concern about BPA’s safety, the Environmental Protection Agency has placed it on a list of chemicals that need more rigorous regulation, and California is considering adding it to the state’s Proposition 65 list of chemicals that cause cancer or reproductive harm. In May 2008 Canada was first to declare BPA hazardous to human health and enact a limited ban on BPA in baby bottles. Since then Connecticut, Maryland, Massachusetts, Minnesota, Vermont, Wisconsin, and Washington state have banned or restricted BPA - all by near-unanimous margins, and signed by both Democratic and Republican governors. A recent ban in New York is awaiting Governor Paterson’s signature. It is critical now that the California Senate and Governor Schwarzenegger support SB 797 - not just for

the heath of California children - but for the health of children across our country. Because California is such a populous state, a BPA ban here could be a tipping point for eliminating this toxic chemical in the United States. With a ban in place in California, it would simply make economic sense for the chemical industry to produce consistent, BPA-free products for the entire country. And make no mistake, despite industry claims; there are already BPA-free alternatives on the market. The problem is that many of those products can’t be found at the dollar store. Some low income neighborhoods have become dumping grounds for these toxic products. Every child - regardless of socio-economic status - deserves access to safe, healthy feeding products. SB 797 is joint-authored by Senator Carol Liu (D Pasadena) and is sponsored by Breast Cancer Fund, Environmental Working Group and Physicians for Social Responsibility. The bill has widespread support from health care professionals, business owners, and a long and diverse list of businesses and organizations including; Black Women for Wellness, Latinas for Reproductive Justice, The Help Group for Autism Spectrum Disorders, California Teachers Association, California Nurses Association, Asian Health Services, California Women Infants and Children (WIC), SEIU, California Labor Federation, Center for Community Action and Environmental Justice, and Green to Grow to name a few. I want to thank all of the sponsors, the supporters, and my colleagues in the Assembly, especially new Speaker John A. Pérez, for helping to move this important piece of legislation forward. Now I am urging my colleagues in the Senate and Governor Schwarzenegger to support SB 797 which, has been carefully constructed to work in coordination with the state’s Green Chemistry Initiative. Let’s get this toxic chemical out of our children’s food and drink.

Senator Fran Pavley represents portions of Los Angeles and Ventura Counties. She invites you to contact her through her website at: http://dist23.casen.govoffice.com/

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CALIFORNIA TODAY • Planning and Conservation League & PCL Foundation

The dry and parched Australian Outback.

A Comparison of Aussie and American Water Use
By: Doug Walker

The average Australian uses 80 gallons per day in his/her home (DEHWA, 2006) while an average Californian uses 190 gallons per day (USGS, 2005). Australia has been under varying drought conditions for almost 14 years, so it is no wonder that they have had to drastically reduce their water consumption. In comparison, California has only suffered three consecutive years in a drought, but climate change scientists predict continued cycles of drought. What lessons can be learned from the Australian example about managing water resources in the long term? The most glaring difference is in home landscaping. Australians use only 25% of their domestic water in the yard, while Californians use approximately 58%. Australia is one of the driest continents on Earth and the native vegetation has evolved to cope with limited water and so uses less water than imported species. The Australian Government suggests using native and water efficient species in the design of new yards. Businesses have developed around water efficient species for landscaping. California’s Mediterranean climate also includes plants that have adapted to drier environmental conditions. However, a lot of water-intensive plants have been imported and we’ve become addicted to green lawns.

Water-wise rules now apply in Australia that replaced strict guidelines previously and they are enforced by officials with fines for transgressions. For example, no watering between 10 AM and 4 PM. This reduces evaporation in the hottest part of the day. Additionally, hand held hoses must have trigger nozzles to prevent wastage when not directly in use, and there is no washing of hard surfaces or pavements. To help boost water conservation, Australia offers incentives and rebates for a range of domestic products that use less water, including: installing half/dual flush toilets; efficient shower heads (they increase aeration of the water to make less water seem ‘thicker’); and water efficient washing machines. California has launched similiar financial incentives, but because the drought isn’t seen as a full crisis yet, there isn’t a lot of motivation for behavioral changes. Websites offering suggestions for water use reduction is a start, such as www.BeWaterWise.org, but significant water savings likely won’t occur until water is rationed, like gas was in the 1970s. Australia has a population of 20 million and they have adjusted their behaviors and policies to deal with a 14 year drought. What changes will the 30 million people in California make to be prepared for an extended drought here?

CALIFORNIA TODAY • Planning and Conservation League & PCL Foundation

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PLANNING AND CONSERVATION LEAGUE PLANNING AND CONSERVATION LEAGUE FOUNDATION
1107 9TH STREET, SUITE 360 • SACRAMENTO, CA 95814

Forest Stewardship Council certified paper containing 50% recycled fiber with 25% post consumer waste, elemental chlorine free and printed with vegetable ink.

VISIT US ON THE WEB: www.PCL.org or www.PCLFoundation.org

PCL History Project
By: Evon Chambers

Save the Date ... 1-29-11
By: Melanie Schlotterbeck

Thanks to a helpful lead from former PCL Executive Director Jerry Meral, we were able to figure out the story behind the picture in the last edition of Cal Today. The picture was taken during PCL’s Annual Convention at the Disneyland Hotel in Anaheim in 1973. In the photograph, PCL President Dave Hirsch delivers the welcome address as U.S. Senator Ed Muskie (left) and Speaker of the Assembly Bob Moretti (right) look on. Help the Planning Conservation League understand another snapshot of our history. Contact us if you know anything regarding this edition’s picture by e-mailing answers to: Evon Chambers at :[email protected].

Mark your calendar -- on January 29, 2011, the Planning and Conservation League and PCL Foundation will host their annual Environmental Legislative Symposium. The 2011 event will be held at the Sheraton Grand in downtown Sacramento and feature important discussions on key environmental issues. This summer PCL staff have been hard at work crafting an agenda that will be forward-thinking and appeals to the masses. Panels are currently being created with top notch experts in a variety of fields. Members should receive a Symposium Brochure early this fall. This year’s event theme is California 2020: A Vision for the Next Decade. As you know, California has a history of exceptional environmental policies, and with the challenges this state faces, we have an excellent opportunity to craft new policies that bring about important change and lead California in a sustainable direction. We hope you’ll be able to join us for the event!

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