Issues: U.S. Law & Policy

California's 2007-2008 legislative session is in full swing with several important new issues being debated, such as how to spend the close to $40 billion in infrastructure bonds approved by voters in November 2006, and how best to implement AB 32, the Global Warming Solutions Act, which passed last year. Legislators are also once again grappling with clearing the air around the state's largest ports and how to prepare for potentially disastrous flooding, as hundreds of environmental bills make their way through the state senate and assembly.

Key environmental bills moving through the California legislature include:

Air Quality

SB 974 would establish a funding stream for air quality and infrastructure improvements at the ports of Oakland, Long Beach and Los Angeles, the state's largest container ports and a huge and growing source of air pollution.

SB 719 would revise the structure of the San Joaquin Valley Air Pollution Control District Board to add health experts and representatives from urban and rural areas.

AB 233 would improve enforcement of diesel control regulations, increase penalties for violators and increase education and outreach to vehicle owners regarding state limits on diesel engine idling.

AB 576 would prohibit mega-dairies within 2.5 miles of Colonel Allensworth State Historic Park in Tulare County. This unique natural and historic resource recognizes the contributions of African Americans and is currently threatened by a 12,000-cow dairy, which would harm the area's air and water quality and impair the experience of park visitors.

Eminent Domain Reform

In November 2006 NRDC helped defeat Proposition 90, which under the guise of "eminent domain reform" would have required taxpayers to pay businesses and developers for the "right" to pass and enforce the most basic laws that protect California's environment and natural resources. Prop 90 proponents are now trying to put new initiatives before California voters, at least one of which is much worse than Prop 90. But a broad coalition has come together to support a responsible package of eminent domain reforms currently moving through the state legislature. These measures would provide needed reforms to prevent eminent domain abuse without risking our state's most fundamental environmental protections. ACA 8 would limit the ability of local agencies to use eminent domain to take owner-occupied homes for economic development reasons, while AB 887 is a companion measure designed to address public notice and other issues that arise when a government agency uses eminent domain to take over a small business.

Flood Protection

AB 5 and SB 5 would require the state to prepare a flood management plan for the Central Valley and restrict new development in flood zones, while SB 17 would restructure the state Reclamation Board (the agency charged with planning for flood disasters) by requiring the addition of scientists and members of the public.

Global Warming and Energy

SB 210 would require the California Air Resources Board to adopt and implement a standard for reducing the carbon content of transportation fuel that achieves at least a ten percent reduction in global warming pollution and maintains or improves the air quality benefits of current gasoline and diesel fuel regulations.

SB 411 would require electricity retailers to increase total procurement of renewable energy resources so that at least 33 percent of retail sales are from specified renewable resources by the end of 2020.

AB 118 would create new air quality and alternative fuel research and development programs at the Air Resources Board and the California Energy Commission, and would fund the programs by increasing the annual fee on vehicles exempt from smog check from $12 to $20.

Ocean Protection

AB 258 would establish a program to eradicate plastic debris from California's waters, while SB 898 seeks to remove and dispose of lost or abandoned fishing nets, fishing lines and other fishing gear in state waterways. And AB 1187 would increase fines and criminal penalties for illegally taking sturgeon.

Public Health

AB 558 would require businesses that use large quantities of toxic chemicals to prepare a "toxics use reduction plan" to meet statewide targets, and would provide technical assistance and reduced fees to businesses that reduce their use of toxics.

AB 706 would ban the use of some dangerous flame retardants in certain furniture and bedding products sold in California by 2010. These substances can cause cancer and accumulate at high levels in women's breast tissue and milk.

The "Healthy Toys for Toddlers" bill (AB 1108) would prohibit the use of several types of toxic chemicals in toys and childcare products designed for children up to three years old.

SB 220 seeks to improve oversight and regulation of bottled water by requiring that basic information about the water's source and any contaminants detected be included on labels and vending machines.

SB 966 would require retailers of pharmaceutical drugs to establish a system for accepting and collecting unused medicines so that they can be disposed of properly.

Water Conservation

AB 224 would require state and local water managers to consider the impacts of climate change on water supplies when preparing water management plans, while AB 1420 would require urban water utilities to implement water conservation measures as a condition for receipt of state bond funding.

last revised 8.13.07