Sacramento legislative wrap-up - 2007

In contrast with the highly productive session of 2006, in 2007 the legislature has enacted fewer major new laws to protect California's environment.

Bright spots

A package of bills negotiated by the legislature and governor finally starts to bring some sense to development in flood-prone areas.

SB 5 (Machado) requires the state to prepare a Central Valley Flood Protection Plan by 2012.
AB 5 (Wolk) reforms and restructures the state Reclamation Board, the agency in charge of flood protection for the Central Valley.
AB 70 (Jones) provides that when local governments approve new developments in previously undeveloped areas, they must share with the state liability for property damages resulting from a flood.

The Healthy Heart and Lung Act, AB 233 (Jones), sponsored by Sierra Club California and the American Lung Association of California, will improve enforcement of limits on toxic diesel emissions, and SB 719 (Machado) will at long last reform the San Joaquin Valley's lackluster Air Pollution Control District by adding expertise and urban representation. AB 118 (Núñez) will raise about $150 million annually for clean-fuel and clean-air programs.

Gov. Schwarzenegger surprised many observers by signing AB 821 (Nava) to require the use of non-lead bullets when hunting big game within the range of the endangered California condor. This state icon is suffering from lead poisoning because the birds eat bullet fragments when scavenging carcasses.

The governor has also opened a Green Chemistry Initiative to reduce human exposure to toxic chemicals. Currently chemicals come into our homes and workplaces without any prior demonstration of safety.

Most legislation to reduce toxic threats fared poorly this year, but Schwarzenegger's signing of the Toxic Toys bill, AB 1108 (Ma - San Francisco), will invigorate the Green Chemistry process by keeping hazardous substances away from the youngest Californians. The bill bans pthalates, a class of plastic softeners, from products meant for infants and toddlers.

The governor signed two energy bills authored by freshman Assemblymember Jared Huffman of Marin. AB 1109 requires the state to develop and implement a comprehensive strategy to increase the energy efficiency and reduce the amount of lead and mercury pollution associated with current lighting technology. AB 1470 creates a 10-year statewide incentive program to drive half a million California consumers toward solar-heating technologies that directly displace the use of natural gas for water and space heating in homes and businesses.

Vetoes

Unfortunately, the governor vetoed important bills to make our buildings and fuels greener. AB 35 (Ruskin), AB 888 (Lieu), and AB 1058 (Laird) together would have directed the state to establish green building standards for state buildings as well as commercial buildings and residential structures.

SB 210 (Kehoe) would have required the adoption of a low-carbon fuel standard by 2010 to achieve at least a 10% reduction in greenhouse-gas emissions and maintain or improve upon air-quality benefits of current gasoline and diesel-fuel standards.

Delays

The legislature deferred until next year spurring smart growth, requiring utilities to generate more power from renewables, and cleaning up the filthy air at the mega-ports of Los Angeles, Long Beach and Oakland. Sierra Club California and our allies had pushed for action in these vital areas, but many key bills stalled toward the end of the session due to opposition from powerful special interests.

SB 974 (Lowenthal), the Clean Ports bill, was deferred until January at the request of Gov. Schwarzenegger. Both SB 375 (Steinberg), which seeks to reduce vehicular emissions through smarter land-use patterns, and SB 411 (Simitian), which would require utilities to generate 33% of their power from renewable sources, failed to clear the Assembly Appropriations Committee. AB 558 (Feuer), which would have generated information on the use of toxic chemicals, died by a close vote of the Senate Appropriations panel.

Substantial unfinished business is left for next year. Since 2008 is an election year, and our elected officials know that protecting our health and ecology is very popular with voters, we have reason to expect more progress then.

Bill Magavern, senior legislative representative, Sierra Club California