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CEQA Stands Strong -- No Exemptions This YearBy: Jena Price
CALIFORNIA TODAYCALIFORNIA TODAYNews l e t t e r o f th e Pl ann ing & Conse r va t i on League PLANNING AND CONSERVATION LEAGUEPLANNING AND CONSERVATION LEAGUE FOUNDATIONDecember 2010 Volume 40, Number 4
While the Planning and Conservation League is elated bythe signing of some hard fought, well deserved, environmentalbills this legislative session, the true victory lies in thoseinitiatives that were not introduced or passed. Although therewere numerous opportunities to override the regulations set outin the California Environmental Quality Act (CEQA), we are
happy to announce that not a single major CEQA exemptionwas granted making it a successful legislative year for theenvironment and those who work so hard to defend it.
Considered Californias premier environmental law, over thelast 40 years CEQA has resulted in the environmental review ofthousands of potentially hazardous projects; and, whileCalifornias population has more than doubled since CEQAscreation, we are a cleaner, less polluted state because of this law.This, however, has not slowed the number of bills containingproposed CEQA exemptions. Since last years legislative CEQAexemption for a massive NFL stadium in the City of Industry,even the Governor has tried his hand at proposing exemptions.In his case, however, he suggested not just one exemption, butproposed allowing 125 major development projects to skirt theCEQAreview process. Had this dangerous proposal passed itwould have eliminated any means for local residents or decisionmakers to hold developers accountable for the health andenvironmental impacts of their proposed projects.
Thanks to a coalition of community groups, conservationorganizations, housing advocates, locally elected officials, andbusinesses who came together to prevent additional major
CEQA rollbacks, not only did the Governors 125 proexemptions never get a chance to see the light of day,exemption for big-box Wal-Mart-type stores and another Angeles stadium also never managed to find support in Legislature.
Most notable however, largely due to the severe public
environmental health effects it would have had, is suppression of a Chevron refinery exemption.
The Richmond Chevron refinery, the single largest souof greenhouse gas pollution in California, expressed interesbypassing CEQA so it could start expanding the refineryallow for additional production of crude oil without filinsufficient Environmental Impact Report (EIR). This minute pitch for an exemption came after both trial appellate courts rejected Chevrons petition for expanagreeing that the EIR was deficient. These rulings were largbased on the oil giants refusal to disclose to the residentRichmond the same information about its refinery project thdisclosed to its potential Wall Street investors - how hazardits expansion truly would be to residents. The RichmChevron plant is located close to elementary schools, a park, a public pool; plant expansion would have placed residentharms way.
With this legislative session over, it is time to celebrate to turn our attention to next year to ensure that once againcan uphold the law created to guarantee future generationcleaner and healthier California.
CALIFORNIA TODAY Planning and Conservation League & PCL Foundation
Celebrating Our Champions & Victories, pg.
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2010 Legislative Wrap UpBy: Tina Andolina
Fast FactsWhat is SB 375?It is a 2008 bill that promotes
community integration so thattransportation pollution and energy
wastage is reduced.
What does SB 375 do?It sets emission reduction targets t
be achieved by encouraging urbanplanning that reduces vehicle mile
traveled.
What is the time frame?Targets are set for 2020 and 2035
the 18 metropolitan districts.
Which district has the mo
ambitious targets?Sacramento is required to reduce
vehicle emissions by 16% by 2035
What does this mean pperson?It is 3.6 pounds reduced per perso
per weekday (weekends not includ
in the calculation).
How much less is this
per week?This equates to just 3.7 miles less
per person per weekday.
What are other
reduction strategies?Increasing public transport, pricingoptions (fuel, fees, and parking),reducing single occupant vehicles.
In 2010 the League spearheadedefforts to pass three significantpieces of legislation, and witheverything said and done, we hadtwo signed bills and one vetoed.
Governor Schwarzeneggersigned SB 918 (Pavley) which directsthe State Department of PublicHealth to develop criteria for safelyusing recycled water to supplementgroundwater basins and reservoirs.The legislation offers a uniquesolution to Californias water crisis.It enables millions of acre-feet ofwater to be cost-effectively reusedevery year rather than simplydischarged into the ocean. He alsosigned SB 1124 (Negrete McLeod),which ensures that San BernardinoCounty fulfills its obligation toprotect lands it purchased withProposition 70 (state bond funds),which passed in 1988.
However, he vetoed AB 499(Hill), which was a common sensemeasure with no recorded opposition
that simply made clarifyingamendments to the CaliforniaEnvironmental Quality Act (CEQA)to ensure that all parties with adirect interest in a CEQA case areaware of a pending lawsuit andparties with no direct link to the caseare not unnecessarily dragged intolitigation. This veto was verydisappointing considering how vocalthe Governor has been on CEQA.
Here he missed an easy opportunityto close a glaring loophole that hasmade CEQA litigation more costlyand time consuming. PCL will pushfor this measure next session.
By the numbers, environmentalbills that made it to the Governorsdesk faired pretty well, though, sometop priority bills were vetoed.However, this list of bills does not
include the many significant policyreforms that never made it out of theLegislature which sought to protectour states air and water quality andreduce our level of toxic exposure.
These measures were signed:SB 51 (Ducheny) - Establishes theSalton Sea Restoration Council.SB 346 (Kehoe) - Phases out copperfrom automobile brakes.SB 1365 (Corbett) - Allows theDepartment of Toxic Substances totest for lead and to enforce thefederal Consumer Product SafetyImprovement Act.AB 1963 (Nava) - Improves theDepartment of Pesticide Regulationspesticide poisoning prevention program.AB 2289 (Eng) - Enacts criticalupdates to Californias Smog Checkprogram.AB 2398 (J. Perez) - Increases thestates recycled content requirementfor carpet bought by the state, andrequires carpet manufacturers toprepare a carpet stewardship plan to
meet the recycling targets.These measures were vetoed:
SB 1433 (Leno) - Would have adjustedpenalty ceilings for air pollutionviolations to account for inflation.AB 301 (Fuentes) - Would haverequired businesses licensed to bottleor sell water to report annually onthe volume and sources of the waterthey bottle and sell.AB 737 (Chesbro) - Would have
required all commercial wastegenerators to establish recyclingprograms.AB 1405 (De Len/M. Perez) -Would have established a CommunityBenefits Fund to direct a portion ofrevenues from AB 32 implementationto help Californians who are least ableto confront the expected impacts ofthe climate crisis at the local level.
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CM I 1.25I Law
CLE
4
2011 Symposium Finally in SightBy: Melanie Schlotterbeck
Though still several monthsaway, the 2011 Symposium is alreadyshaping up to be an incredible event.With key legislators and electedofficials, agency representatives, and
experts from the business, legal, andnon-profit sectors -- our line up ofspeakers is unparalled. This is anevent you wont want to miss!
Focusing in on what the next tenyears will look like in terms of ourenvironment and quality of life, the
League and Foundations annualevent theme is California 2020: AVision for the Next Decade. Oursessions include relevant and timelyinformation on water, land use,
transportation, and more.We hope you are able to join us
and through our partnership andcoordinated action we can set thestage for Californias environmentalfuture! A few session highlights arelisted below.
Symposium DetailsDate: Saturday, January 29, 20Time: 9 AM - 5 PMVenue: Sheraton Grand
1230 J StreetDowntown Sacramento
CLE Session
PERSPECTIVESONENERGYSITING
The science and economics of wisely choosingand responsibly building upon sites for utilityscale energy facilities has evolved rapidly inrecent years. As technologies and relatedenergy conversion efficiencies have continuedto advance, project proponents have gainedmportant experience in working withenvironmental laws and the multiple levels ofgovernment bodies that enforce them. Asenvironmental groups continue to race tokeep up with unprecedented numbers ofproject applications, federal, state, and localrepresentatives are striving to balance theneeds for renewable energy with the need toprotect site specific and regionalenvironmental and natural resources. Comehear a lively discussion between industry,government, and environmental organizationsregarding important lessons learned and theirrespective predictions for the future of sitingdecisions. Julia Blunden, SunPower Corp. Chair Karen Douglas, CA Energy Commission Kevin Hunting, CA Dept. of Fish and Game Kim Delfino, Defenders of Wildlife
CM I 1.25
Policy Panel
WHATISNEXTFORCALIFORNIAWATER?
California is in the third year of a drought andscientists predict less rainfall, decreasedsnowpack, and drier conditions in the future.California residents have been scaling backwater use as less water is available from theColorado River and the Sacramento-SanJoaquin Bay Delta. However, the Deltaecosystem is still on the verge of collapsing andpopulation growth is expected to increasedemand on our already over-tapped watersupply. For the past several years the CaliforniaLegislature has taken up policies to address thiscrisis. In 2009, a package of bills was passeddealing with the Delta, water conservation,groundwater, illegal diversions, and several
other water reforms. This panel will focus onhow these polices have been implemented,what action steps are still needed to alleviate thewater crisis, including increased waterconservation, improved water recycling, and lowimpact developments, among other solutions. Chair Phil Isenberg, Delta Stewardship Council Assemblymember Jared Huffman Senator Lois Wolk
CALIFORNIA TODAY Planning and Conservation League & PCL Foundation
Panel sponsored by The RoseFoundation and the East BayMunicipal Utility District
How To... Workshop
HOWTO...POSITIONYOURSELFTORUNFOROFFEver wonder if you have what it takes to ethe world of politics? Whether you want tactive in your community or becomCommissioner, you will learn what persand professional background and commuhistory you need to run for office. Discthe skill sets that also help get candidelected from listening skills, to coalbuilding, and odd-couple alliances. Discwhen to start thinking about running, hobegin a campaign, decide on your platfand how to advance it publicly. Also findfrom whom you should request endorsement and who should be on campaign committee. Participants will l
how to set the stage for a successful polrun at the local or regional level, understhe ins and outs of political life, and get thedown on timing. Supervisor Steve Wilensky, Calaveras Coun
Download the agenda at:www.PCL.org
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Name
Organization
Address
City, State Zip
Phone
Meal Selection: Savory Chicken Dish Seasonal VegetarianDish Seasonal Vegan Dish
Registration Option: CLE CM
Is it ok to list you in the conference program with all you
contact information? Yes No
PaymentOptions:Member Code: ____________ Amount: $_____(printed above the mailing label)
1. Credit Card: register online at: www.PCL.orgor fill out t
form and fax it to: 916-448-1789.
Credit Card # (Visa/MC) Exp. Date
2. Check - make payable to PCL and mail with form to:
Planning and Conservation League
Attention: Registration Coordinator
1107 9th Street, Suite 360
Sacramento CA 95814
E-Newsletters: As part of registering for the Symposium you wsubscribed to our free, weekly e-newsletter, the PCL Insider. Know thamay remove your name from our list at any time by followingunsubscribe link provided in the newsletter.
Photographs&Videos: Please be aware that PCL and PCLF will be tphotographs of the event, which will be used in our publications anthe web. We may possibly record videos of the event as well .
Registration Form
Conference fee covers a continental breakfast, lunch, refreshmand all Symposium materials. Fees are as follows:BeforeDec.31 AfterDec.31PCL Member (code required)* $100 $130Government Rate (code required)** $120 $150Non-Member $140 $160CLE $250 $275Student $50 $65
* Member code printed above mailing label.** Registrant must call PCL for government code at 916-313-4517.
AICP members can earn Certification Maintenance (CM) creditsfor many activities at this event. When CM credits are availablethey are noted at the end of an activity description. Moreinformation about AICPs CM program can be found at:www.planning.org/cm.
PCL and PCLF certify that 3.75 CLE hours have been approvedfor this activity by the State Bar of California. These credits includethree legal panels. When the keynote is confirmed, we hope to
request an additional 0.75 credits.
CLE & CM Credit
Award WinnersPCL and PCLF will celebrate and pay tribute to the work of some specialenvironmental heroes of 2010 during an Awards Luncheon at the Symposium:
AssemblymemberMikeFeuerSenatorAlanLowenthalLegislators of the Year
DougCarstensCarla Bard Award for Individual Achievement
CaliforniaStateParksFoundationDavid Gaines Award for Non-Profit Work
Lynne PlambeckDorothy Green Water Policy Advocate of the Year
Room Block at The Citizen Hotelf you are traveling from out of town and need a nice place to stay, please reserveyour room at The Citizen Hotel.
Be sure to mention the Reference Code (PCL) when calling to make yourreservation. AllreservationsmustbemadebyFriday,January7,2011toreceive
discountedrate.Details:
Price Per Night: $99 plus taxes and incidentals Room Types: Single or Double Reservations: Guests make their own arrangements and pay room, tax,
and incidentals. Toll Free Reservation number: 866-949-0777, mention the PCL Room Block.
Early SponsorsThanks to our early event sponsors:
Rossmann and Moore LLP Mogavero Notestine Associates The RoseFoundation Linda and Byron Sher Kevin K. Johnson, A Public Law Corporation East Bay Municipal Utility District John Van de Kamp Vern Goehring Community Conservancy Solutions California American Water MarinConservation League Conservation Clarity Peter and Carole Clum NationalWildlife Federation Robert Erickson Friends, Artists, and Neighbors of ElkhornSlough Becomeasponsorofthiseventat:www.PCL.org/sponsorship
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Southern California CEQA House PartyBy: Melanie Schlotterbeck
With the gorgeous Pacific Oceanas the backdrop and a pleasant sunnySouthern California day, the Leagueset out to celebrate. Forty-two peoplegathered to join us in the festivities.
Why celebrate? In 2009, theCalifornia Environmental Quality Act(CEQA) saw disturbing legislativeexemptions from the requirements ofthis important law. In 2010, moreegregious exemptions were proposed.Thankfully, with a lot of elbowgrease, grassroots organizing, and aclear strategy, together we were ableto outright stop newly proposed
CEQA exemptions. The final victorycame when the state budget did notinclude any CEQA exemptions orbackroom deals that would haveskirted environmental protections.
It isnt all that often that we get tocelebrate major victories. But aCEQA-free budget and putting thekabosh on proposed exemptionsmeant we needed to take a minute tobask in the glory of our success!
We celebrated our hard work andsuccessful efforts. We celebrated ourfriends and steadfast and supportiveLegislators. We celebrated the
beautiful California landscape. Andwe celebrated our 45th birthday!
Thank you to our gracious hosts,Jack Brown and Jan Chatten-Brown (aPCL Vice President) for opening their
beautiful home in Pacific Palisades tothe League. Also, we acknowledgethe donation of wine from BarefootWinery to help with the celebrations.
We hope to make these regularevents, but we need your help tocontinue our successes! Lets provideconstant pressure and let our leadersknow that our environmental lawsmust remain strong. To have your
organization become a CEQAChampion and fight bad CEQA bills,email the Leagues ExecutiveDirector, Traci Sheehan [email protected].
With a successful 2010 behind us,we now look forward to 2011,knowing that we have a strongcoalition and success on our side.Together we can make a differenceand we did make a difference. Kudos
to all of our partners, friends, andorganizations.
In mid-October, the Leahosted a CEQA workshop in
Francisco. We had a great turn with activists and advocates fromover the region.
If your organization would liksponsor a CEQA workshop in yarea, let us know. These workshhelp educate the public about throle in the environmental revprocess. The more folks we educthe more we can do to improve hour cities evolve and grow.
Get the details about workshop, agenda, and our fee service by contacting the WorksCoordinator, Melanie Schlotterbeat [email protected].
CEQA Workshops Availa
Its our birthday! We celebrated with
cake and other goodies!
Senator Fran Pavley relays the importanc
of remaining involved and ready.
Assembly member Mike Feuer outlines
how the exemptions happened and how wecan protect CEQA in the future.
PCLs Tina Andolina talks about the
CEQA-free budget and how the grassrootsorganizing was critical to our success!
All photos taken by: Melanie Schlotter
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As required by the United States Post Office, every year we need to publish our Statement of Circulatio
Over 80 participants joined PCLFs third annual Coastand Ocean Regional Roundtables (CORRT) held in San LuisObispo, Monterey, and Santa Cruz in fall 2010. Assemblymember Bill Monning (Santa Cruz/Monterey) gave openingremarks at two meetings, noting the importance of the
CORRT forum for identifying and implementingcollaborative community-based solutions to achievesustainable communities. This years program series, fundedby the Campbell Foundation, identified local efforts related tothree issues of statewide importance. The series presentedModels for Action to showcase Central Coast work thatdirectly supports statewide goals for better management ofcoastal and marine resources.
Presentations included a marine debris project, recentstudies conducted by the Monterey Bay Aquarium Research
Institute and other research institutes linking stormwaterrunoff with occurrences of harmful algal blooms andimpacts to the marine ecosystem, and, efforts to conductcollaborative and technical support for implementation ofLow Impact Development in coastal watersheds to reducerunoff and increase groundwater recharge.
Following the California and the World OceConference model, PCLF brings local scientists and resoumanagers together with community groups to consmanagement challenges for coastal and marine resources.previous years, CORRT participants have explored formation of Land to Sea Advisory groups. This year marine debris project is being considered by groups in Luis Obispo. A full report of CORRTs 2010 work wilavailable in January of 2011.
2010 Coast and Ocean Regional RoundtablesBy: Dr. Monica Hunter
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Forest Stewardship Council certified paper containing50% recycled fiber with 25% post consumer waste,elemental chlorine free and printed with vegetable ink.
PLANNING AND CONSERVATION LEAGUELANNING AND CONSERVATION LEAGUE FOUNDATION
107 9TH STREET, SUITE 360 SACRAMENTO, CA 95814
VISIT US ON THE WEB: www.PCL.org or www.PCLFoundation.org
The photo featured in thelast edition of Cal Todayreceived the most responses ofany photo to date. It was takenat PCLs 25th anniversarydinner at the Fairmount Hotelin San Francisco in 1990.
The candid photo featuresformer PCL Executive Director, and now radio commentator,Bill Press. Moving to the right is former California Governorand U.S. Senator Pete Wilson. By Wilsons side is his longtime political aide, the late Otto Bos. Next to Mr. Bos is formerPCL Executive Director Gary Patton and behind Gary is thenPCL Executive Director Jerry Meral. Seated at the table, atthe lower right-hand corner is former 1st District Court ofAppeal Justice Bill Newsom. Sitting next to him is then PCLPresident Mike Remy with his wife Trudy.
Can you help us identify this picture? Please sendresponses to Evon Chambers at: [email protected].
PCL History ProjectBy: Evon Chambers
Leagues Water Plan on ToBy: Evon Chambers
Last March PCL released a plan whidentifies eight water priorities that will hCalifornia protect and improve our water supreliability while being as fiscally environmentally friendly as possible. Since then,have been successful in passing legislationdevelop public health standards for recycled waaided the state in adoption of Delta Flow Criteworked on the federal level in the advocacyconverting toxic drainage impaired lands in the Joaquin Valley to solar generation, and now we touring the state to educate folks about WaNeutral Development.
Water issues have come to the forefront ofagendas of unconventional stakeholders, includeconomists, businesses, local governments planners. As a result, PCL has been invited to mof their annual meetings and conferenceseducate members on short-term actions agencan pursue to revitalize
and sustain Californiainto the future. Keepyour eyes peeled, wemay be coming to aconference near you.
Download your copyof the 8 AffordableWater Strategies fromthe Publications sectionof the Leagueswebsite: www.PCL.org.