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2005 California Environmental Scorecard
Bill Descriptions
Air Quality & Global Warming | Coastal Protection | Water | Renewable Energy & Clean Fuels | Solid Waste/Recycling | Toxics, Pesticides and Dangerous Chemicals | Natural Resource Protection
Air Quality & Global Warming
1. Tracking Global Warming Gas Emissions from New Vehicles
Every new car currently carries a sticker called the Smog Index label, which identifies that vehicle’s emissions of smog-producing gases and compares it to other new vehicles. To aid new car buyers, AB 1229 (Nation) will add a Global Warming Index to new cars beginning in 2009, to identify every vehicle’s emissions of global warming gases compared to other new vehicles. The requirement coincides with California’s first-in-the-world requirement to reduce emissions of global warming gases from new vehicles. Signed by the Governor.
2. Linking Air Quality and Land Use Planning
Urban sprawl and other poor land use decisions have a major negative impact on air quality. The San Joaquin Valley regional air district recently adopted an innovative rule that requires developers to reduce air pollutant emissions expected from their large projects. SB 44 (Kehoe) would have required cities and counties to add an air quality element to their general plan in order to make land use decisions take into account their impacts on air quality. Died on Assembly Floor; Reconsideration Granted.
3. Strengthening Penalties for Major Air Quality Violations
Most California environmental laws, including those covering water quality, hazardous wastes, and toxics, allow both civil and criminal penalties to be imposed for severe violations. Only with air quality are enforcement agencies forced to choose between the two. SB 109 (Ortiz) would have allowed both civil and criminal penalties to be imposed for severe violations of specified air quality laws. Died on Assembly Floor; Reconsideration Granted.
4. Reducing Air Pollution at Ports
The Ports of Los Angeles and Long Beach are the biggest in the United States and are expected to triple their throughput in the next 20 years. The heavy truck and rail traffic to and from the ports, in addition to extensive in-port machinery, makes the LA/Long Beach port by far the biggest single source of air pollution in California. SB 760 (Lowenthal) would impose a $30 fee on each ship container entering the ports, to be used equally to fund air pollution mitigation as well as rail improvements and port security. In Assembly Appropriations Committee; 2-year bill.
5. Reforming the San Joaquin Valley’s Air District
For years, the San Joaquin Valley Unified Air Pollution Control District has failed to act aggressively to curb the valley’s ever-worsening air pollution. SB 999 (Machado) would revise and expand the membership of the board by ensuring that the valley’s three largest cities—Fresno, Bakersfield, and Stockton—are represented and by adding two new members, a physician and a scientist or engineer, both with expertise in air pollution. On Assembly Inactive File.
Coastal Protection
6. Full Disclosure at the Coastal Commission
Several publicized and questionable private conversations between special interests and members of the Coastal Commission in recent years have highlighted the need to improve the Commission’s ex parte disclosure requirements. Consistent with ex parte rules at other environmental agencies, AB 771 (Saldaña) would have required Coastal Commissioners to disclose publicly all outside communications with parties to Coastal Commission business within three days. Vetoed by the Governor.
7. Reducing Coastal Water Pollution from Vehicles
Oil and tire dust from vehicle roadways have a bigger impact than we might think on coastal waters. The state has authorized many parts of the state to assess vehicle fees to offset the impact of vehicles on local air quality. Similarly, SB 658 (Kehoe) would have authorized coastal counties to assess a fee of up to $6 per vehicle to fund programs to mitigate the impacts of vehicles on coastal water quality. Vetoed by the Governor.
Water
8. Saving the San Joaquin River
The San Joaquin is one of California’s most important and overworked rivers in the state, serving as both the source and the drain for much of the state’s agricultural industry. SB 350 (Machado) would establish the San Joaquin River Fund to restore the river and improve water supply management. In Assembly Water, Parks and Wildlife Committee; 2 year bill.
9. Linking Water Supply and Local Land Use Planning
California has established tighter links between the availability of water and approval of developments, but mainly at the individual project level. SB 409 (Kehoe) would have required closer linkage at the general plan level, by requiring that a general plan’s discussion of water supply and land use planning is more closely linked. Died in Assembly Water, Parks and Wildlife Committee.
10. Reducing Agricultural Water Pollution
Most businesses in the state can discharge pollutants into rivers and lakes only under a permit issued by the state, and they must pay a waiver fee. Farmers have long received waivers from these permit and fee requirement, although the state has begun to limit the use of these waivers. SB 646 (Kuehl) would have tightened the permit and fee requirements for farmers receiving conditional waivers from the state. Died on Assembly Floor; Reconsideration Granted.
11. Tracking Groundwater Use
Groundwater is a critical source of fresh water for California for drinking water, irrigation and a full range of commercial and industrial purposes. Yet unlike surface water, the state has almost no jurisdiction over the use of groundwater. In recent years, users of groundwater in four Southern California counties have been required to report their groundwater extractions to the state, in an effort to track groundwater levels and use patterns. SB 820 (Kuehl) would have expanded that requirement statewide. Vetoed by the Governor.
Renewable Energy & Clean Fuels
12. Diversifying the State’s Transportation Fuel Supply
Air pollution. High gasoline prices. Limited refinery capacity. Volatile oil suppliers. Energy independence. National security. All were cited in 2003 by the Air Resources Board and California Energy Commission (CEC), which jointly recommended that the Legislature take steps to increase the state’s use of alternative fuels to 20% by 2020 and 30% by 2030. In response, AB 1007 (Pavley) requires the CEC to develop and adopt a plan to increase the use of alternative transportation fuels in the state. Signed by the Governor.
13. A Million Solar Roofs
Easily the most controversial and debated environmental bill of 2005, SB 1 (Murray and Campbell) would establish a plan to install solar energy systems on one million new and existing residential and commercial roofs over 10 years, with subsidies for purchase of the systems provided by a surcharge on all electric utility bills. Like its 2004 predecessor, SB 1 got tangled in complicated policy and political differences. In Assembly Utilities and Commerce Committee; 2-year bill.
14. Speeding Up Renewable Energy
California’s landmark Renewable Portfolio Standard (RPS) requires the state’s major investor-owned utilities to get 20 percent of their power from renewable sources by 2017. Consistent with the Governor’s Environmental Action Plan, SB 107 (Simitian) would speed up the RPS requirement to 20 percent by 2010. On Assembly Floor.
15. Promoting Alternative Fuels and Reducing Petroleum Dependence
The problems with our dependence on oil are no longer limited only to air pollution. Three years ago the Air Resources Board and California Energy Commission submitted to the Legislature and Governor a series of options to reduce the state’s dependence on petroleum, including by increasing our use of alternative fuels. SB 757 (Kehoe) declares state policy to take all feasible and cost-effective steps to reduce petroleum consumption and increase the use of alternative fuels. In Assembly Transportation Committee; 2-year bill.
Solid Waste/Recycling
16. Recycling Waste Tires into Rubberized Asphalt
California generates 32 million waste tires annually. Fortunately, there is a perfect use for recycled tires: rubberized asphalt concrete (RAC), used to build and repair streets and highways. Despite years of studies showing that RAC lasts longer and has a lower life-cycle cost than regular concrete, CalTrans and highway contractors have fought its use for years. With the enactment of AB 338 (Levine), which requires Caltrans to phase in the use of RAC on state highway projects, common sense finally was converted into public policy. Signed by the Governor.
17. Recycling Rechargeable Batteries
Many rechargeable batteries contain toxic heavy metals like cadmium and lead that can contaminate soil and water when disposed in a landfill. AB 1125 (Pavley) requires retailers who sell household rechargeable batteries to take back waste batteries for reuse, recycling or proper disposal, at no cost to the consumer. Signed by the Governor.
Toxics, Pesticides and Dangerous Chemicals
18. Detecting Harmful Chemicals in the Environment
Every year, tens of thousands of chemicals used in manufacturing are introduced into commerce and released into the environment, yet public health agencies have little or no information on the health effects of the vast majority of these chemicals. The state must spend its own scarce funds even to figure out how to detect them in the environment. AB 289 (Chan) would have protected public health and saved the state money by requiring that manufacturers of heavily used chemicals give the state an analytical method to detect their products in the environment and the human body. Died on the Assembly Floor; Reconsideration Granted.
19. Protecting Schoolchildren from Potentially Dangerous Pesticides
State law allows some pesticides to be registered conditionally without all required data and also allows some experimental uses of pesticides. But these uses should be very narrowly constrained, and certainly should not include routine use at schools, where vulnerable children could be exposed. AB 405 (Montañez) prohibits the use at schools of experimental pesticides, pesticides that are not fully registered, and pesticides whose registration has been cancelled, suspended, or targeted for phase-out. Signed by the Governor.
20. Protecting Workers from Dangerous Chemicals
The Cal/OSHA Standards Board is notoriously lax in setting workplace standards to protect workers from exposures to chemicals, even when they are known to cause cancer and other long-term health impacts. Cal/EPA has identified 68 chemicals known to cause cancer or reproductive toxicity that are completely unregulated or regulated only for short-term effects (like dizziness) by Cal/OSHA. AB 815 (Lieber) would require Cal/OSHA to adopt new or revised workplace standards based on the most current health risk assessments. Held in Senate Appropriations Committee; 2 year bill.
21. Cleaning Up Contaminated Brownfield Sites
In California, responsibility to oversee cleanup of contaminated brownfield sites is split between two agencies—the Regional Water Board and the Department of Toxic Substances Control. Worse yet, the site’s developer gets to choose which agency oversees their work. DTSC’s superior expertise in cleaning up contaminated soils and hazardous waste led to AB 1360 (Hancock), which would have required DTSC to oversee cleanups where the site is proposed for homes, hospitals or day care centers and there is a risk of human exposure to contamination. Died on Assembly Floor; Reconsideration Granted.
22. Strengthening Enforcement for Pesticide Violations
The Department of Pesticide Regulation has found that enforcement by county agricultural commissioners for violations of pesticide use laws is very uneven from county to county. SB 455 (Escutia) would have required DPR to adopt regulations that mandate enforcement actions be taken for pesticide use violations that pose a threat to human health and for multiple violations. Vetoed by the Governor.
23. Disclosing Cancer-Causing Chemicals in Cosmetics
Chemicals known to cause birth defects should not be in products used by women of child-bearing age. That’s why the European Union has banned the use of chemicals in cosmetic and personal care products that are known to cause cancer and birth defects. SB 484 (Migden) requires companies that sell cosmetics in California to inform the state if their products contain any cancer- or birth defect-causing chemicals and authorizes the Department of Health Services to investigate for toxic exposures to humans. Signed by the Governor.
24. Biomonitoring for Hazardous Chemicals in Humans
Biomonitoring—the practice of voluntarily testing human blood, urine and breast milk for the presence of synthetic chemicals—gives scientists and doctors more complete and accurate information about chemical exposures and helps determine whether the chemical exposures contribute to illnesses such as breast cancer. SB 600 (Ortiz) would have established a state biomonitoring program to detect the presence of environmental toxins in humans. Vetoed by the Governor.
Natural Resource Protection
25. Adding Flood Control to Local Planning
Two events—Hurricane Katrina and the Paterno court decision making the state liable for damages caused by levee failures—have raised large warning flags about the dangers of developing land in flood plains. AB 802 (Wolk) would have elevated the attention given to flood management in the local planning process by requiring that flood management be considered in the conservation element of a general plan. Died on the Assembly Floor; Reconsideration Granted.
26. Protecting Wild and Scenic Cache Creek
Cache Creek is the 16th, and maybe least-known, river to be granted state Wild and Scenic River protections under the state’s 1972 law. Running through Lake and Yolo Counties, Cache Creek supports some of the state’s largest populations of bald eagles and tule elk, as well as more than 150 different songbirds. AB 1328 (Wolk) adds 31 miles of Cache Creek to the state’s Wild and Scenic River system, ensuring that no dams will be built on that stretch while protecting the existing working uses of the river. Signed by the Governor.
27. Bond for Clean Water, Neighborhood Parks, and Coastal Protection
Californians have an admirable legacy of supporting bond measures to protect the state’s natural resources, and the state’s growing population demands that we continue that legacy. SB 153 (Chesbro) would place on the ballot a $3.6 billion bond measure to build and improve neighborhood, regional, and state parks, protect wildlife habitat and farm and grazing land, and protect water quality. In Assembly Appropriations Committee; 2 year bill.
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