THE PLANNING & CONSERVATION LEAGUE & PCL FOUNDATION

VOLUME 34, NUMBER 2

APRIL 2004

C A L I F O R N I A

TODAY

2004
A Year to Remember for Our Coast and Ocean
2004 is shaping up to be a critical year for coastal and marine protection efforts. The Planning and Conservation League and the PCL Foundation are deeply involved in statewide legislative efforts to protect our coast and ocean, as well as advance regional efforts to protect coastal watersheds in the Central Coast in 2004. An action plan to significantly improve current ocean protection efforts was unveiled in June 2003 when the Pew Oceans Commission Summary Report, Americas Living Oceans: Charting a Course for Sea Change, was released. The Pew Oceans Commission, chaired by Californian and former White House chief of staff Leon Panetta, recommended changes at the national and regional levels for the United States to better protect its marine resources. They included: recognizing that our ocean resources should be held as a public trust; calling on Congress to enact a National Ocean Policy Act that reorients federal, state, and territorial agencies to make ecosystem-based decisions that protect that trust; improving coordination among governing agencies protecting the ocean; and, restoring Americas fisheries through restoring marine ecosystems and regulating the use of destructive fishing gear. In response to the Pew Oceans Commission report, Congress has yet to act. Many believe that Congress is waiting for the Bush Administrations own recommendations, being formulated by the US Commission on Ocean Policy due for release in May of this year. State Senator John Burton, the President Pro Tempore of the California Senate, has introduced two bills in the California legislature that seek to
continues on page 3 2004 Continued..3 Justice..4-5 Legislative Update.6 Largest Proposed Project..8

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The PCL Foundation is pleased to announce hiring Monica Samaniego Hunter as one of two Central Coast Regional Coordinators. Monica will represent PCLF in Monterey and San Luis Obispo counties. She recently completed her Ph.D. in Anthropology at UCLA, writing a dissertation on an ethnographic case study of community-based environmental stewardship in the Morro Bay watershed. She has worked with the Morro Bay National Estuary Program as a consultant to the program and also as Chair of its Education and Outreach Committee, and has done social science research on the Marine Protected Area process, related to the Channel Islands designation. She is also bilingual in Spanish and English. Monica started March 8th and is based out of the Monterey County Health Consortium office in Salinas.

ENVIRONMENTAL JUSTICE

SUSTAINABLE ENERGY

TODAY
CALIFORNIA TODAY (ISSN 0739-8042) is the bimonthly newsletter of the PLANNING AND CONSERVATION LEAGUE AND THE PCL FOUNDATION 926 J Street, Suite 612, Sacramento, CA 95814 916-444-8726 FAX 916-448-1789

PCL, PCLF Projects Shaping Public Policy

Dear PCL members and friends, 2004 continues to be a challenging year, full of opportunities for significant policy advances. Governor Schwarzenegger and his administration are focusing on many issue areas where PCL is, and has been involved. Among those areas are: Californias unrelenting growth; the reorganization of the state governmental structure; and, possible funding for the states stewardship responsibilities. As our readers know, PCL and our partners, have moved the Smart Growth conversation to an action plan that will result in more livable urban communities, stronger protections for agricultural lands, and connecting state infrastructure funds to Smart Growth principles by local governments. This networked effort known as the Better California Campaign, includes dozens of organizations (such as the California Futures Network, the Natural Resources Defense Council, in-fill builders, LandWatch, and affordable housing advocates). The Better California Campaign meets monthly with three of the Governors cabinet officials and has become a key element of the new administrations work on this topic. With leadership by Secretary Sunne Wright McPeak and Secretary Terry Tamminen, a plan concerning Californias growth is being developed for the Governor by June 1, 2004. On another front, PCL is spearheading the effort to fully fund environmental stewardship in the State of California. Whether it is the duties of the Department of Fish & Game to protect species and habitat, or the Department of Forestry and Fire Protection to properly steward forest lands, those responsibilities are impossible to fulfill at current funding levels. The Environmental Budget project is designed to fund the existing good laws that protect natural resources. Through this project, we are working with legislative leadership to identify areas for which fees can be assessed. PCL and the PCL Foundation staff are at the forefront of the development and implementation of public policy, working on literally dozens of bills, projects, and regulatory actions that will profoundly impact the quality of life of every Californian. We appreciate your continued support, and hope that you will be kind enough to use the enclosed envelope to assist in funding our work. On behalf of the staff and Boards of PCL and the PCL Foundation, we thank you for your belief in our work and vision. Sincerely, FRED KEELEY EXECUTIVE DIRECTOR

E-MAIL ADDRESS: pclmail@pcl.org WEB ADDRESS: http://www.pcl.org Membership is $35 a year, and includes a subscription to CALIFORNIA TODAY. Periodicals postage paid at Sacramento, CA. POSTMASTER: Send address changes for CALIFORNIA TODAY to the PCL office: 926 J Street, Suite 612, Sacramento, CA 95814. PCLF BOARD OF TRUSTEES AND OFFICERS DAVID HIRSCH, Chairman ROBERT KIRKWOOD, Secretary-Treasurer HARRIET BURGESS, Trustee CINDY CHAVEZ, Trustee DIANE COLBURN, Trustee COKE HALLOWELL, Trustee ARMANDO RODRIGUEZ, Trustee ANDREA SUMITS, Trustee PCL BOARD OF DIRECTORS SAGE SWEETWOOD, President KEVIN JOHNSON, Senior Vice President GARY PATTON, Vice President, Administration J WILLIAM YEATES, Secretary-Treasurer REGIONAL VICE PRESIDENTS ELISABETH BROWN, Orange County PHYLLIS FABER, Central Valley DOROTHY GREEN, Los Angeles ORGANIZATIONAL BOARD MEMBERS American Farmland Trust Archaeological Conservancy Audubon Society; Bay Area Chapters California Association Of Bicycling Organizations California Association Of Local Conservation Corps California Native Plant Society California Outdoors Californians Against Waste Community Conservancy International Greenbelt Alliance Laguna Greenbelt Inc. League To Save Lake Tahoe Marin Conservation League Mono Lake Committee Mountain Lion Foundation Mountains Restoration Trust Save San Francisco Bay Association Southern California Agricultural Land Foundation Train Riders Association Of California PCL/PCL FOUNDATION STAFF FRED KEELEY, Executive Director ALEXANDRA BORACK, Administrative Associate TYRONE BUCKLEY, Diversity Program Coordinator AMY CARTER, Central Coast Regional Coordinator MARC DE LA VERGNE, Associate Executive Director KAREN DOUGLAS, General Counsel MARION GUERARD, Legislative Assistant REBECCA HARRIS, Development Director MEG JOHNSON, Administrative Director TIM McRAE, Special Projects Director MELLISSA MENG, Marketing & Events Coordinator JONAS MINTON, Senior Project Manager BRIAN MONTENEGRO, Information Tech. Manager EDDY MOORE, Transportation Director MONICA HUNTER SAMANIEGO, Central Coast Regional Coordinator DAVID SHOREY, Membership Coordinator CHRISTOPHER SMEDLEY, Staff Accountant CALIFORNIA AFFILIATE, NATIONAL WILDLIFE FEDERATION

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2004

A Year to Remember for Our Coast and Ocean

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implement the Pew Commissions recommendations at the state level. SB 1318 and SB 1319 are paired in a package that is known as the California Ocean Protection Act. SB 1318 makes changes to Proposition 50, the November 2002 citizen-approved Clean Water and Coastal Protection Bond, that would authorize use of that Bonds funds to enhance protection of Californias marine waters. This authorization would include providing transition funding for commercial fishers to stop using the most destructive fishing gear. SB 1319 changes state law so that Californias protection of its state waters will be a model for the nation to follow. It reorients state agencies toward ecosystem-based decisions, establishing state policy that would hold Californias marine waters and ecosystems in a public trust. It improves interagency coordination to improve governance of that public trust, and elevates decisions made on ocean policy to the highest levels of state government. The California Ocean Protection Act is a bold way to enhance marine protection in a budget-limited environment. PCL is strongly supportive of Senator Burtons legislation, which has already cleared its first hurdle in the legislative process. At the same time, PCL will support efforts to adequately fund the implementation of good coastal and marine laws already on the books, including the Marine Life Management Act, SB 1319 will hold Californias marine waters the Marine Life Protecand ecosystems in public trust. tion Act, the Coastal Act, and the McAteer-Petris Act. At the regional level, PCL has hired two Central Coast Regional Coordinators this March. The twin goals of each coordinator are to work to restore significant coastal watersheds in the region - including the Pajaro River, the Carmel River, the Salinas River, and Pilarcitos Creek in Half Moon Bay - and to forge ties with environmental justice groups in the region and work on topics of common interest. Monica Samaniego Hunter and Amy Carter, our newest team members, will represent PCLF in Monterey, San Luis Obispo, Santa Cruz and San Mateo counties. Special Projects Director Tim McRae is managing our Central Coast staff. Jonas Minton will provide expert consultation on the project. PCLF is excited about having field staff, a first for our organization. Please join us in welcoming Monica and Amy to the PCLF family. 3
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Amy Carter will represent PCLF as our Central Coast regional coordinator in Santa Cruz and San Mateo counties. Amy recently moved to Santa Cruz after a brief stay on northern Californias Lost Coast. Before moving west Amy completed a Masters degree in Environmental Management at Duke University, focusing on coastal processes and policy. She then spent two years as a Coastal Management Specialist in the National Oceanic and Atmospheric Administrations Office of Ocean and Coastal Resource Management where she functioned as the primary federal liaison to coastal management programs in California, Oregon and Maine. Amys passion for coastal protection developed during her childhood in coastal South Carolina and continues as she learns to swim, surf, scuba dive, kayak and photograph our West coast waters.

ENVIRONMENTAL JUSTICE

SUSTAINABLE ENERGY

Principles of Environmental Justice (EJ)

These are the first five of 17 principles established at the First People of Color Environmental Leadership Summit (1991): 1) EJ affirms the sacredness of Mother Earth, ecological unity and the interdependence of all species, and the right to be free from ecological destruction. 2) EJ demands that public policy be based on mutual respect and justice for all peoples, free from any form of discrimination or bias. 3) EJ mandates the right to ethical, balanced and responsible uses of land and renewable resources in the interest of a sustainable planet for humans and other living things. 4) EJ calls for universal protection from nuclear testing, extraction, production and disposal of toxic/ hazardous wastes and poisons and nuclear testing that threaten the fundamental right to clean air, land, water, and food. 5) EJ affirms the fundamental right to political, economic, cultural and environmental self-determination of all peoples.

Environmental Justice, Priority in

Cal/EPA Set To Implement

he California Environmental Protection Agency (Cal/EPA) is making significant headway in advancing environmental justice (EJ) in California. In October 2003, the largest environmental state agency announced the adoption of a set of guidelines that will improve the health and quality of life for what have been the most vulnerable communities, typically low-income and communities of color. The new Cal/EPA charter calls for essential enhancements in Cal/EPAs management of EJ issues. The primary goal in its Diane Takvorian, creation was that Environmental Justice would be integrated into Executive Director of the all aspects of Cal/EPA. It is the Environmental Health tough advocacy of dedicated environmental justice groups and Coalition and Co-Chair of state-wide environmental advothe Advisory Committee, cates such as PCL that has elevated EJ into a prominent called the report historic. statewide action item.

This is a huge step

The Cal/EPA Advisory forward in our struggle Committee that created the new charter convened in communities for environmental across the state, such as West justice. Sacramento, Oakland, and Los Angeles, with an open invitation to the public. As a result, the recommendations were drafted with substantial amounts of public input and guidance. The following examples are the types of EJ issues that CAL/EPAs new recommendations will be addressing. Overburdened communities often find themselves in the position of having to prove that pollution from local facilities is the cause of health ailments such as asthma and cancer. To change this approach, the committee recommended that all Cal/EPA agencies recognize the importance of using precaution in regulation. This enacted recommendation, will mean that communities will not have to be poisoned before there is a decision to protect public health. The message being sent is loud and clear: The children of people of color and low-income communities will not be used as Californias guinea pigs. Another major recommendation directed Cal/ EPA to assist local governments to deny permits to new polluters in heavily impacted communities and require cumulative impact analysis for new applica-

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n States Environmental Agenda:

Central Valley Air Quality Advocates

When first conducting research into environmental justice, PCLF often spoke to advocates from Californias Central Valley. At the time of our initial research, the valley had much less activism than other regions in the state. However, the activists in the region were incredibly dedicated despite the near total absence of large non-profit support that was common in areas like the San Francisco Bay Area and Los Angeles. Although they were faced with limited resources, powerful opposition, and worked full time jobs, they were steadfast in their mission: protecting the health of their children. The Central Valley and its dedicated activists are finally getting the support they need. PCLF is excited to be working with the Central Valley Air Quality (CVAQ) Advocates. CVAQ is a coalition of environmental justice organizations, environmental organizations, community-based organizations, and environmental health organizations, all of which are dedicated to cleaner central valley air. PCLF is proud to be participating in the CVAQ planning process and will continue to take part in this broad based coalition committed to developing a collaborative strategy to address air pollution in the Central Valley.

Landmark Recommendations!
tions. Too often EJ communities are subjected to repeated locating of multiple facilities, the cumulative impact being detrimental to public health. In the Central Valley, mega-dairies and other polluting facilities are often close to neighborhoods and schools. The committee directed Cal/ EPA to identify EJ criteria in project siting and permitting. The committee also recommended that buffer zones would be created around significant sources of risk. The committee recognized that EJ communities are often left out of the decisions that affect the health of their communities. They addressed this by committing to enhance outreach efforts and proactively gathering public input into agencies decisions. Cal/EPAs policy proposals will ensure meaningful public participation in decision making by enhancing community access to information and capacity building as well as improving agencies understanding of EJ principles and issues. An important step to achieving this is to provide grants and technical assistance to communities to enhance their capacity to participate. Furthermore, the Cal/EPA policy proposals will result in the establishment of community liaisons, advisory groups and Secretary Tamminen said, task groups to assist in environmental justice analyThe Advisory Committee sis of projects and policies. In order to ensure that the Cal/EPA staff is able to enact the recommendations as they are intended, staff training will be held on EJ and effective ways to gather public participation. This outreach training includes ensuring data collection by agencies will be promptly available to the communities from which it was collected, as well as supporting community-based research projects.

and the Interagency Working Group for Environmental Justice have provided a roadmap that frames issues to be addressed and articulates a long-term approach to environmental justice.

Environmental Justice is essential to ensuring healthy communities and the quality of life for all Californians. These recommendations are a significant step towards achieving EJ in California. When the Cal/EPA fulfills the promise of this process that began two years ago, we can be assured that the states most powerful environmental agency is protecting the environment and public health of all Californians.

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Central Valley Air Quality Advocates meeting.

ENVIRONMENTAL JUSTICE

SUSTAINABLE ENERGY

Legislative Updates:
Sponsored Bills
PCL has six sponsored bills this session. These are:
AB 2600 (Laird) would establish a Sierra Conservancy, which would provide an important new vehicle for increasing and coordinating state and federal investment in the Sierra Nevada. The Sierra Nevada provides 65 percent of Californias developed water supply and nearly all of the water supply for western Nevada. As Californias principal watershed, the region is the critical source of water for urban and rural parts of Northern, Central and Southern California. The Sierra Nevada Region is a globally significant area, including many national and state parks, some of the highest peaks in the fifty contiguous states, and large, pristine open-space areas that are available for public use. It is also an important part of the states economy, providing substantial agricultural products, timber resources, mining, tourism, and recreation. AB 2673 (Simitian) would establish an environmental certification and review process for cities and counties when they receive property interests from the federal government on federal public lands. AB 2673 would help to maintain the environmental quality on some of Californias most treasured federal lands, including wilderness areas, wildlife refuges, and national parks. ACA 10 (Harman) would give municipalities flexibility to raise funds to prevent and treat stormwater pollution. Stormwater pollution impacts environmental and human health in every urban community in our increasingly urbanized state, when rain washes pollution from automobiles, rooftops, and lawns into our storm drains and eventually into our creeks, rivers, and the Pacific Ocean. AB 2683 (Lieber) would eliminate the thirty-year rolling exemption from Smog Check. Currently, as a car becomes thirty years old, it graduates out of the Smog Check program. This creates an increasing health risk from air pollution from the emissions of these automobiles. If this bill passes, all cars that are currently subject to Smog Check would remain in the program. SB 1369 (Kuehl) would reduce the potential for catastrophic fires in California by expanding the defensible space requirement around homes from 30 feet to 100 feet, providing a larger area with minimal fuels. SB 1369 also requires that a property owner in an area at very-high risk of fire certify to their property insurance carrier that new home construction or reconstruction complies with all applicable state or local building standards. AB 406 (Jackson) would bar confidentiality agreements between developers and their consultants. 6
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Under the direction of Membership Coordinator, David Shorey, PCL is expanding and improving its Membership Program. Since 1965, PCL staff and members have been at the forefront of addressing the environmental challenges facing Californians. The types of challenges and the faces of those affected by them have evolved over the last 39 years, but PCL continues to be a leading voice for the environment. From the halls of the Legislature and the chambers of the courthouse, to the desk of the governor, PCL leads the fight for natural resource protection, thoughtful planning, air and water quality, environmental justice and sustainable energy. In order to continue successful environmental protection we need to broaden and increase our membership. Giving memberships as gifts or passing on membership information to friends, family, and neighbors are a few of the many ways you can help build PCL. Please help us increase and diversify our membership for a healthier California. Contact David Shorey at 916.313.4524 or dshorey@pcl.org.

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Project Updates
Better California Campaign The Better California Campaign, which PCL is helping to lead, has presented a briefing paper proposing land use and planning reforms to three cabinet secretaries in the Schwarzenegger administration: SunneWrightMcPeak (Business, Transportation & Housing Agency), Terry Tamminen (CalEPA), and Mike Chrisman (Resources Agency). We anticipate productive conversations with administration officials and leaders of a variety of interest groups to find common ground on a reform package. Propositions 12, 40, 50 With the support of the Hewlett Foundation and the Resources Legacy Fund Foundation, the PCL Foundation has completed nearly 40 interviews of community organizations that have received funding for parks and open space from Propositions 12, 40 and 50. The research is aimed at determining how these bond programs have been implemented, how funding has been spent, and how applicant organizations have interacted with bond programs. Our research findings may have implications for future bond programs. Lead Contamination As part of its Wellness Foundation funded work at the intersection of environmental protection and human health, the PCL Foundation has begun an outreach effort to community groups in the Sacramento region. Its aim is to raise public awareness about the dangers of exposure to lead contamination in poorly-maintained homes. Water In February, PCL helped organize testimony to the Senate Agriculture and Water Committee by environmental groups including NRDC, Environmental Defense, the Environmental Justice Coalition for Water, and the Southern California Watershed Alliance . The groups cautioned the committee against plans to increase water pumping from the Bay Delta. Water contractors, the State Department of Water Resources, and the Federal Bureau of Reclamation generated the plans known as the Napa Proposition in closed-door negotiations. Environmental groups pointed out that the plans fail to address currently unmet environmental water needs or to guard against potential damage from increased pumping. Global Warming Prevention (AB 1493) On February 18th, California Air Resources Board (CARB) conducted its first AB 1493 Environmental Justice Workshop in Huntington Park. The workshop was well received by environmental justice advocates. Carlos Porras, Executive Director of Communities for a Better Environment, moderated the event. PCLF will continue to work with CARB to make the workshop more useful for EJ communities. 7
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Workshop Announcements
The PCL Foundation, the California Futures Network and the California Coalition for Rural Housing are co-sponsoring a June workshop in Sacramento that will demonstrate how environmentalists and affordable housing advocates can work together to plan, push for, and build well-designed affordable housing that protects the environment. For more information, call or e-mail Marc de la Vergne at mdelavergne@pcl.org or (916) 313-4520. Visit our homepage at www.pcl.org for a link to a registration form and more information.

In late April, PCLF will conduct an Environmental Justice Land Use Workshop in South Sacramento. The workshop will provide a general education in land use practices with an emphasis on Environmental Justice concerns. South Sacramento is a very diverse community and is facing many issues concerning land use.

ENVIRONMENTAL JUSTICE

SUSTAINABLE ENERGY

PCL Focuses Press and Legislature

on Nations Largest Proposed Construction Project

n March 23, PCL hosted a press conference placing a spotlight on environmental, budget and ridership concerns in environmental studies on Californias proposed high speed rail system, which is the largest proposed public works project in the nations history. PCL Executive Director Fred Keeley joined with Assembly Budget Committee Chair Darrell Steinberg (D-Sacramento) and Assembly Member Wilma Chan (D-Oakland) to urge the state to consider the currently-omitted I-580/I-680 route over the Altamont Pass to connect the Central Valley to the Bay Area, instead of using routes through wilderness or sparsely developed areas. The press conference, which was covered by television and print outlets, sent a clear message to the California High Speed Rail Authority (CHSRA) that environmental and planning concerns must be met before the project moves forward. Also speaking at the press conference were representatives of American Farmland Trust, Sierra Club, and Surface Transportation Policy Project. Representatives of

the Bay Area Open Space Council, California State Parks Association, and Mountain Lion Foundation were also in attendance. Assembly Member Steinberg pointed out that previous studies for the I-580 alignment over Altamont Pass suggest reduced costs for the project by up to $2 billion and reduced travel time between Sacramento and San Francisco by almost an hour compared to the states currently proposed alignments. Assembly member Chan noted that this alignment also could offer service to Oakland much earlier than current plans. Environmental groups focused on major environmental damage that could result from the currently proposed Bay Area routes, including road and tunneling impacts to Henry Coe State Park and adjacent wilderness areas near Mount Hamilton. The introduction of major transportation infrastructure into the Mount Hamilton area could also open up the area to a destructive new freeway through the mountains. Another proposed

route south of Henry Coe Park would cross numerous sensitive wetlands and generate sprawl at a planned station in rural Santa Nella. Mr. Ed Thompson of American Farmland Trust noted that the draft Environmental Impact Report (DEIR) significantly underestimates likely sprawl in the absence of guidelines for growth near future rail stations. Sprawl would likely include habitat damage and increased loss of important farmlands. The PCL press conference was held a little more than an hour before CHSRAs scheduled board meeting. At that meeting, PCLs Eddy Moore and others testified that more time is needed to adequately assess the massive project. Authority board members decided to provide an extra 90 days for public comment on the projects recently-released draft EIR. Mr. Moore also offered that PCL would work with the board to ensure that the final EIR fully addresses alignment options and addresses other environmental concerns such as sprawl.

PLANNING AND CONSERVATION LEAGUE PCL FOUNDATION 926 J Street, Suite 612 Sacramento, California 95814

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