PCL Insider: News from the Capitol

LEGISLATIVE UPDATE: STALLS

Welcome to day forty-eight of the state budget stand-off. More press conferences have been held, names have been called, and battles of rhetoric have been waged in the newspapers.  Amongst all the press flurry, PCL last week participated in one particularly fiery press conference to keep the fire on the Senate Republicans who are continuing to hold the budget hostage.  The gang of fourteen Senate Republicans to insist that the Legislature carves an “ostrich exemption” out of the California Environmental Quality Act to allow builders to overlook the potential global warming pollution that projects built over the next five years will generate.

Undoubtedly, the Big Five (the two Democratic leaders, the two Republican leaders and the Governor) have been meeting, maybe even over cigars. In fact, Assembly Speaker Fabian Nunez, who flew out of Sacramento to enjoy his vacation weeks ago, is back in the fray – and the press. And the Legislature is gearing up to re-convene next week after their pseudo-recess. Yet despite all of the hubbub, we still have no state budget.

In the absence of more juicy developments, we’ll continue to highlight bills that will likely need your help as they near the finish line over the next month. Both of these long overdue measures by Assemblymember Sally Lieber seek to clean up toxic substances in the workplace: 

AB 514 (Lieber) - Pulling the Plug on “Popcorn Lung”

Hold on to your seats, folks, because we’re about to drop a bomb. That mm-mm delicious buttery flavor on your popcorn probably didn’t come from a cow. That’s right, what you thought was butter is actually the delightful aroma of diacetyl, normally a natural byproduct of fermentation (think of that butterscotch taste in your beer) which is now chemically manufactured as an artificial flavor.

Synthetic diacetyl has been found by the state and the California Department of Health Services to pose a significant health risk to factory workers exposed to the chemical during its manufacturing process. Diacytel enters the body through the inhalation of vapors, droplets of spray or dust in the air, or it can be absorbed through the skin.  The first documented health case associated with diacytel exposure occurred in 2004, when a 32-year old Latino male who had been working for an artificial flavoring manufacturer developed a severe case of Bronchiolitis Obliterans (BO), an extremely rare and life threatening disease with symptoms that include dry coughs, severe wheezing and extreme shortness of breath.  This particular case showed a 72% decrease in lung capacity and an inability of the patient to walk more than fifteen feet without feeling breathless.

Since 2006, there have been at least seven cases of BO, or “popcorn lung,” in California. All those affected were Latino men from Southern California, all of whom had no previous history of breathing problems prior to working with diacytel. Almost all cases resulted in severe lung impairment, and one worker is currently awaiting a lung transplant.

The flavoring industry has begun addressing the threat of direct exposure to diacytel where the chemical is manufactured.  However, diacytel still poses a threat in facilities where the flavoring is added to other foods.  As crazy it sounds since this artificial chemical is so dangerous, diacytel is still dumped into such products as candy, snacks, pastries frozen foods, and condiments, and still poses a threat to those working in the manufacturing of these items.

In response, Assemblymember Sally Lieber has introduced AB 514 which would require that the California Occupational Safety and Health Standards Board prohibit the use of diacetyl in the workplace by the year 2010.

It’s both irresponsible and illogical to allow this dangerous substance to be added to our food. We know it’s not safe for the workers handling diacetyl; there are already numerous flavoring alternatives to diacetyl; and with the federal government dragging its feet, we simply don’t have time to wait for help from above. As Assemblymember Laird pointed out when the bill was debated on the Assembly floor last month, this isn’t a question of how to satisfy our next buttered popcorn cravings. It’s about fulfilling a moral obligation to protect human health and safety.

AB 515 (Lieber): Equal Protection for Workers Exposed to Toxics

Ever feel like you just might not survive the workday?  For some Californians, that sentiment is all too real.  Every day men and women in the California workforce are exposed to toxic chemicals.  Despite being strictly regulated for their presence in both our air and water, many of these chemicals are not regulated in the daily work environment.  In fact, fifteen toxic chemicals that have been shown to cause cancer and reproductive harm are not regulated in the workplace.  An additional twenty-nine chemicals known to cause cancer are regulated for acute effects such as headache but not for long-term effects such as reproductive harm.  As a result, over 23,000 Californians are diagnosed with chronic, deadly diseases associated with the effects of a toxic work environment and an additional 6,500 workers die from these effects every year.

To combat this epidemic, Assemblymember Sally Lieber has proposed AB 515 which would require the California Occupational Safety and Heath Standards Board to adopt strengthened standards by 2010 for any substance identified to pose a quantitative risk to workers.

Until now, the Board has been unable or unwillingly to develop new standards to protect the health of California’s workers.  AB 515 will do just that - without costing the state additional funds.  By using existing health risk assessments generated by Proposition 65, the board will be able to develop new standards in conjunction with input from industry, labor, and other interested stakeholders.

Going to work should not be hazardous to your health! By passing AB 515, the state can help close loopholes in existing laws that allow California workers to suffer severe health effects.

THE LOWDOWN ON FLOOD POLICY

Last week, the PCL Insider reported some sobering facts about the high flood risks in California. This week, we focus on the need to reform how we manage our floodplains.

Part V: How deep is your floodplain, how shallow your policy:

Legislators are considering whether or not planning agencies should be required to consider flood protection before approving new construction in deep floodplains. Making sure people are safe makes sense to us. That’s why this policy must be included in the flood package now being negotiated.

In fact, this type of safety consideration is normally standard practice. Take for example, our dear Water Policy Advisor Jonas Minton. Jonas is rebuilding his garage (no joke). Because the City of Sacramento wants to make sure that Jonas’ new garage won’t fall down, he’s had to submit plans to the city and endure several safety inspections.

Indeed, there are many state and local policies to ensure that new construction is completed in a responsible manner, which is a good thing, considering Jonas’ carpentry skills. 

Now let’s compare the level of due diligence required to ensure Jonas’ garage is safe and the level given under our current flood policy to ensure that homes and businesses located in deep floodplains are not inundated by floodwaters:

• How many inspections are required to ensure a new home will not flood to its roof top in a “reasonably foreseeable” flood? Zero
  
• What plan for flood management must be submitted prior to slating a floodplain for development? None
  
• How many permits are required to confirm that new homes do indeed have flood protection? Zero

Legislative leaders including Assemblymember Wolk, Senator Steinberg, and others, are considering mechanisms to ensure that state and local districts prepare flood plans and that sound flood protection will be in place before lives and property are put in deep floodplains.

We’re just weeks away from the end of the legislative session which means that the negotiations on a state flood package will shortly be coming to close. We urge the Legislature to insist that just as Jonas’ garage must prove safe, so must these proposed plans and flood protection strategies help ensure the safety of all Californians.

For more discussion on this topic, see the excellent article by Friends of the River’s Ron Stork in last Sunday’s San Francisco Chronicle.

DEAR LEGISLATOR: PLEASE DON’T GIVE AWAY CALIFORNIA’S WATER RESOURCES

Senator Feinstein and Governor Schwarzenegger are scheduled to meet next Tuesday regarding California’s water challenges and the crisis in the Bay Delta. The two will have plenty to discuss given the ecosystem collapse in the Bay Delta and the resulting water supply reliability crisis for California. As the Governor and the good Senator focus on solving our water problems, PCL and others are urging them, and other California elected officials, to reject a proposed give away of that very same vital resource.

As the Insider recently reported, the Bush Administration is proposing to give away assurances to trillions of gallons of water from California’s Bay Delta Estuary in an attempt to resolve a longstanding lawsuit filed by Westlands Water District. The lawsuit claims that the federal government must address the problems associated with the toxic agricultural runoff produced when the federal government delivers Delta water to selenium-laden lands in Wetlands’ service area. Remarkably, rather than providing a solution to the toxic drainage problem, Westlands is demanding that the settlement lock in a 60-year contract to ensure the massive irrigation district will receive greater access to Bay Delta water in order to continue irrigating their drainage impaired lands.

PCL and the California Water Impact Network have developed a petition urging California’s elected officials to reject this proposal and stop the water give away. Learn more and sign the petition.

COASTWEEKS APPROACHETH!

Mark your calendar and grab your flip flops! Coastweeks, a three week celebration of our coast and waterways, is taking place September 15th through October 7th.

Coastweeks kicks off with the California Coastal Cleanup Day, a massive volunteer effort with 50,000 Californians working to clean up our environment. There are nearly 200 events throughout the state, including pier fishing lessons, condor viewing, an interfaith sandcastle building contest, mud snail eradication, kayaking trips, and much more.

Check out an online calendar of events created by the California Coastal Commission to find an event in your area. It’s just that easy to get out there and enjoy our coast!