The PCL Insider: News From The Capitol

LEADER OF CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY AT PCL SYMPOSIUM – 10 BUSINESS DAYS TILL SHOWTIME!

What do Europe, Asia and the U.S. have in common? They're all talking about California's groundbreaking Climate Change legislation and the State leaders who are poised to usher in the next wave of environmental action in California.

You have a chance to see one of those leaders in person on April 14th at the PCL Environmental Legislative Symposium.

Linda Adams, Secretary of the California Environmental Protection Agency (Cal/EPA) - and something of an international climate celebrity - will provide the evening keynote address at this year's Symposium.

As Cal/EPA's Secretary, Adams oversees the environmental activities of the Air Resources Board, California Integrated Waste Management Board, State Water Resources Control Board, Office of Environmental Health Hazard Assessment, Department of Toxic Substances Control, Department of Pesticide Regulation, and the approximately 4,500 employees that serve the state's diverse environmental programs.

Adams is a former director of the California Department of Water Resources and was appointed to lead the Cal/EPA by Governor Arnold Schwarzenegger in May 2006, months before he thrust her agency into the international limelight with his signature of AB 32, the Global Warming Solutions Act of 2006.

Join us on April 14th in Sacramento to hear Adams' perspectives on the accomplishments of the Schwarzenegger Administration and the creation of the world's most comprehensive strategy to reduce greenhouse gases.

Reserve your seat today! For more information visit www.pcl.org

HEY RECKLESS DRIVER: HAND OVER THE KEYS

On Friday, Alameda Superior Court Judge Frank Roesch found that the California Department of Water Resources (DWR) has been illegally killing endangered salmon and smelt by operating the State Water Project without a California Endangered Species Act permit.

(For more on the case see HEY RECKLESS DRIVER, MAY I SEE YOUR LICENSE? Nov '06 PCL Insider)

The decision sent water exporters rushing for their BlackBerries and newspapers across the state running jaw-dropping headlines like: "JUDGE ORDERS STATE: STOP KILLING DELTA FISH."

San Francisco Chronicle 
Sacramento Bee 
Contra Costa Times   

Despite the initial pandemonium and lightheadedness generated by the ruling, Roesch's decision won't cause Southern California to dry up and blow away.

Here's why:

First, urban southern California has many non-Delta sources of water, including local supplies. In addition, recent water bonds have encouraged agencies to ramp up water conservation, water recycling, and other self-sufficiency measures. These efforts have been so successful that the Metropolitan Water District of Southern California estimates that they could meet their full water needs for two years without a drop of water pumped from the Delta.

Second, there's every indication that DWR is capable of meeting the requirements of the California Endangered Species Act AND operating the State Water Project (SWP). It's clear that the record-breaking exports of the SWP over past six years are unsustainable. However, healthy fisheries and a reasonable amount of Delta exports could be compatible.

Third, even if DWR has to alter operations, there are cost-effective, high yield water management measures that can be implemented to ensure continued water supply south of the Delta.

In fact, DWR's own California Water Plan confirms the central finding of the Investment Strategy for California Water, prepared by PCL, by identifying over 3 million acre feet of urban water conservation potential and 1.4 million acre feet of recycled water potential. DWR determined that those two options alone would have more potential yield than the annual yield of the SWP.

What Roesch's dramatic legal decision demonstrates is that healthy fisheries continue to be a key factor in water supply reliability for California.

Why's that?

The ruling is, in part, a result of the six-year dramatic collapse in Delta dependent fish populations. Despite the spiraling fish figures, during the past six years agencies including DWR have been reluctant to take any actions to curtail the record pumping of Delta water. 

Recently state and federal agency scientists have provided management recommendations to reverse the fisheries decline – recommendations which could be used as a feasible basis for a permit under the California Endangered Species Act (CESA). 

Yet even with the scientists' findings in hand, the decisive ruling from the court, the decreased water supply reliability from persistently hammered fisheries, and the dismal post-2000 population plunge, DWR seems determined not to apply for a CESA permit.

Here's how they respond:

At a Senate Natural Resources and Water Committee hearing regarding Friday's court ruling, DWR's Deputy Director Nancy Saracino reiterated her employer's position that SWP operations were somehow "grandfathered" into compliance with CESA, and testified that DWR was committed to defend that position (again) in court.

DWR's testimony came just minutes after California Department of Fish and Game Director Ryan Broderick was asked if DWR lacked a permit under CESA.

"Correct" answered Broderick.

While DWR invests countless taxpayer resources to defend an argument already rejected by the Court, the water supplies of the SWP and the fate of several species are more uncertain than ever.

Perhaps more could be accomplished for both fish and water resources if DWR applied what it knows about water management and the recommendations of its scientists and just applied for a CESA permit.

After all, if you don't have a license and you want to get behind the wheel, you might want to take your driver's test instead of arguing in the squad car. 

LET'S BOND! BUILDING COALITIONS FOR A MORE LIVABLE CALIFORNIA

PCL is proud to announce that we have "bonded" with Housing California, a non profit coalition, including housing developers (gasp!), that lobbies in Sacramento for affordable housing for those Californians who struggle in our state's notoriously difficult housing market.

We've made common cause with affordable housing advocates over the allocation of a portion of the recently-authorized Housing Bond, Proposition 1C, and are promoting a proposal that would direct $850 million dollars to the kind of "infill housing" that helps defeat sprawl.

The proposal was crafted with the very active involvement of Bay Area social justice, environmental, and housing groups, including Urban Habitat, Greenbelt Alliance, the Transportation and Land Use Coalition, and the Nonprofit Housing Association of Northern California.

Yesterday, PCL Executive Director Gary Patton and Housing California Policy Director Julie Snyder testified together in front of the Assembly Committee on Housing and Community Development in support of the proposal. Patton's testimony reflects our shared belief that the right kind of housing development can be the best possible prescription against the debilitating ravages of urban sprawl.

PCL and Housing California are putting on a full court press in support of this effort to make the Housing Bond produce "smart" development solutions.

If you'd like more details or would like to help, please contact Gary Patton at gapatton@pcl.org.

LEGISLATORS SHIFT INTO ACTION ON CALIFORNIA CLEAN CAR DISCOUNT – BUT WHAT DO THEY DECIDE?

Monday, in a tense hearing at the State Capitol, environmental advocates got the year's first glimpse at what really matters in politics – which button new legislators push when they vote on key environmental bills.

Will it be GREEN for YES or RED for NO? After all, everything else (even the PCL Insider) is just talk.

Let's peer inside the cogs of government to see how this cliff-hanger ends –

The Setting:
Assembly Transportation Committee. This fourteen member legislative committee decides the fate of many environmental legislative priorities including bills on air quality, global warming, and transportation policy.

The Bill:
AB 493 (Ruskin), the California Clean Car Discount, offers California consumers better choices when they buy a new car, helping them improve air quality and fight global warming. It slashes the cost of new lower-polluting vehicles and jacks up fees on the highest-emitting vehicles, sweetening the market for automakers to produce cleaner cars, SUVs, and light-duty trucks.

The Controversy:
Ruskin's revenue-neutral bill is hotly contested by the auto industry, Hummer dealers, and other fans of planetary crisis and catastrophe.

The Question Mark:
Only three of the fourteen committee members sat on this committee in 2006 and half of the committee are freshmen. That means most have never voted on any statewide environmental bills. What button will they choose to push?

Also, Assembly member Shirley Horton, the only Republican to support last year's landmark Global Warming Solutions Act of 2006, sits on this committee. Would she support this global warming measure as well?

Advocates have lobbied the legislators' offices hard.  Will it pay off?

The Stakes:
AB 493 would help California meet its obligations under AB 32. And if the committee votes for AB 493, there's hope for other bills that clean up California's ports, truck fleets, and fuel supply – not to mention the allocation of funds from the $40 billion in infrastructure bonds passed by the California voters last November. It's a big deal.

The Build Up:
Chairman Pedro Nava raps the gavel for attention, opening the hearing.

Because some legislators can't stay for the entire afternoon, Chairman Nava allows members to vote on AB 493 – before even a word of testimony is given.

Two of the freshmen members, Carter and DeSaulnier, vote to support the measure.

(YES! THANK YOU BOTH!)

Two ayes, six to go?

Assembly member Ruskin sits on the committee, as well as Karnette and Lieber (both air quality stalwarts) so we know we have our first five votes but there are still two freshman members, Portantino and Solario, plus Chairman Nava who we're counting on to lift us over the threshold. 

Chairman Nava works his way methodically through the long list of bills until only two remain. At long last he calls for AB 493. 

As Assembly member Ruskin approaches the committee to make his presentation of the bill, advocates line up to give their supporting testimony, hoping to shore up the question mark members. 

After Mr. Ruskin presents his case, one by one the advocates file up to the microphone and urge support for the measure.

"My name is Tina Andolina, Legislative Director of the Planning and Conservation League. I urge your support for AB 493..."

Now those who oppose the bill are given a chance to make their case.

We listen as they reiterate the concerns we've been hearing for weeks. Suddenly attentive, legislators nod and take notes. 

Finally the committee members get to ask clarifying questions.

"Wouldn't this help us achieve our AB 32 goals?"

"How much would this cut air pollution?"

With each new question the bill's fate became clearer. Assembly members Leiber, Karnette, Portantino, Solario, and Chairman Nava are all on board for the California Clean Car Discount! 

Those five legislators, plus Assemblymember Ruskin, Carter, and DeSaulnier give us the eight AYE votes we need! 

When Chairman Nava calls for a vote, AB 493 passes out of committee and begins the next stage of its journey through the legislative process. 

The take-away:
If we work hard, lay out the facts clearly, and demonstrate broad support for our high-priority bills, it looks like this key Assembly committee will give good environmental bills a fair hearing.

Oh, and sweaty palms might give away your calm demeanor. Remember to dry them off before any congratulatory handshaking!

Stay tuned next week for more up to the minute blow-by-blows from the State Capitol.