Agenda & Resolution Packet
for the Mar. 28, 2008 Environmental Caucus Meeting

Environmental Caucus of the CDP
03-28-08 Agenda


1. Approve Agenda
2. Minutes ­ Rebecca Carey
3. Treasurer's Report ­ Debra Broner
4. Chair Luke Breit's Report ­ Website, legislation, regional committees
5. Vice-Chair Fred Keeley's Report: Environmental Justice (with EJ co-chairBarbara Graves)
6. Chair-Emeritus Rachel Binah's Report: Wave Energy; National Convention
7. Guests:
a. Hon. Fran Pavley ­ Keynote Address (2:00 p.m.) ­ Author of AB 32
b. Carole Luteness ­ candidate for 38th AD (against Assemblymember Cameron Smyth)
c. Mayor Debbie Cook ­ candidate for 46th CD (against Rep. Dana Rohrabacher)
d. State Senator Dean Florez ­ Global warming legislation update
e. Hon. Judy Chu ­ Member, Board of Equalization
f. Hon, Hannah-Beth Jackson ­ Candidate for 19th SD ­ open (currently McClintock)
g. Dr. Bill Durston ­ candidate 3rd CD) against Rep. Dan Lungren
h. Assemblymember Pedro Nava
8. Resolutions:
a. Water Belongs to All of Us - Barbara Pyle & Jay Hubbell
b. National Roadless Area Conservation Act - Bruce Campbell
c. Support for Full EIR/EIS on Hwy. 101 Construction Project through Richardson Grove ­ Bruce Campbell
9. For Discussion & Vote
a. Environmental/Energy plank ­ Rachel Binah
b. Healthcare, Not Warfare - Michael Jay ­ Member, Progressive Democrats of America
c. Legislation by Assemblymember Ted Lieu seeking Caucus support:
d. AB 1950 (Lieu) - allows boaters to voluntarily turn-in their dilapidated vessels to local governments for proper disposal rather then abandoning them in marinas or state waterways.
e. AB 2030 (Lieu) - requires the State Energy Resources Conservation and Development Commission to adopt new standards phasing in the construction of "zero net energy buildings."
f. AJR 41 (Lieu) - memorializes the federal government to adopt a final rule to extend the federal Endangered Species Act protections to the polar bear, and to advance several penguin species to the next stage in the federal Endangered Species Act listing process, with a formal proposal to list them as threatened or endangered.
g. Solar and Clean Air Initiative ­ pro & con
h. SB 1295- Ducheny - would rob the public and the Coastal Commission of the ability to appeal local development permits
i. The Farm and Food Protection Act ­ Thomas Gangle and/or Yannick Phillips
j. Solar and Clean Energy Act of 2008 - R.M. 'Auros' Harman
k. Prevention of Farm Animal Cruelty Act - Judy Ki, SDCDP Grassroots Organizing Team
l. AB 1776 (to overturn Ca. nuke safety laws) ­ Rochelle Becker and/or John Ashbaugh
m. AB 2046 (Jones) ­ Request for support - Lynne Plambeck
10. Old Business
New Business


Resolution & Background Packet
CA Democratic Party Environmental Caucus ­ 03/28/08



Platform
Draft Energy & Environment Plank


The environment is the air we breathe, the water we drink and the food we eat. Our world's beauty and complexity - the elegance of its inter-connectedness - is a foundation of our inspiration, creativity and spirituality. California Democrats have led the way towards bi-partisan solutions to problems arising from our industrial society - resource extraction, waste disposal, and pollution - and their disparate impact on the poor, on ethnic minorities and on indigenous people. We promote citizen participation in improving our environment and enhancing environmental consciousness.
Democrats will ensure that American farmers have a strong safety net and can achieve profitability in the market place without endangering the health of workers, consumers or the land, and we will support incentives for farmers to use conservation practices and sustainable farming methods. Californians should be able to make the choices to raise their families in towns and rural communities.

To safeguard our cherished environment, California Democrats will:

  • Create jobs by incentivizing the development, production and purchase of environmentally friendly products and recycled materials through innovative public/private partnerships to keep America competitive;
  • Transition to renewable energy "Freedom Fuels" (solar, bio-fuel, wind, wave, hydrogen, geothermal), freeing us environmentally and economically from dependency on fossil fuels and nuclear power;
  • Address the growing crisis of global warming pursuant to the Kyoto Principles of significant carbon emission reductions and alternative technology investments;
  • By 2020: produce 40 percent of California's electricity from renewable energy sources and reduce electricity and natural gas use by 20 percent through conservation and energy efficiency; by 2030 produce 40 percent of the state's transportation fuels from non-petroleum sources;
  • Respect our beautiful coast by rejecting any attempt for new offshore oil or gas development, preserving coastal access and protecting the mandates of the California Coastal Act;
  • Oppose any attempt to weaken the Endangered Species Act, the Clean Water Act or the Clean Air Act;
  • Resist weakening the California Environmental Quality Act (CEQA) in any new infrastructure programs;
  • Preserve the health of the Delta, which protects our fisheries, farms and people, and bring the Delta levee system to 200-year flood protection;
  • Curtail and phase out pesticides which pose threats to our farmworkers, consumers and diesel fuels whose particulates have resulted in a rapid rise in respiratory illnesses;
  • Conserve natural resources and public lands to combat suburban sprawl and reject any sale of public forestry and park lands;
  • Safeguard the future of California's forests through sustained yield best practices forestry and preservation of heritage trees;
  • Maximize the benefit of new infrastructure spending by ensuring a balance between roads and public transportation and by smart-growth development where jobs and housing are close together.



  • Resolutions
    Water Belongs to All of Us
    WHEREAS, water belongs to all of us, entrusted to the state to manage in the public interest, and in the public trust, and must be used reasonably and beneficially; and
    WHEREAS, all of our surface waters have been overcommitted to the point there is not enough water in the system to meet existing demand, including demand from both the State Water Project and the Central Valley Project; and
    WHEREAS, our groundwater is not managed in the public interest, has been mined, drawn down faster than nature can replenish it, and much of it has been polluted creating a shortage which, coupled with excessive diversion of surface water supplies, has triggered the decline of California ecosystems leading to the current salmon and other fisheries crises, which may be further exacerbated by global warming and a further decline in water volume available to Californians and our ecosystems;
    THEREFORE BE IT RESOLVED, that the California Democratic Party Environmental Caucus calls for the following actions: that we will use our local resources as efficiently and effectively as possible, beginning by implementing all the California Urban Water Conservation Council's (CUWCC.org) best management practices including conservation, reclamation and reuse, and conjunctive use of ground water and surface water in both the urban and agricultural sectors, and applying similar Best Management Practices (BMPs) in the agricultural sector so that all our legitimate water needs can by met and more water can be left in nature; and
    BE IT FURTHER RESOLVED, that the California Democratic Party Environmental Caucus calls for these additional actions: that we restore all the watersheds tributary to the San Joaquin River and all the watersheds in the state, so that high meadows and marshes can once again contain snow melt and release it much more slowly through the land and into our river systems as was the case before deforestation, overgrazing, and other predations perpetrated by man, and that we work to secure water rights for the environment so as to maintain ecological balance, protect fish and wildlife, and promote sustainable development in both the urban and agricultural sectors which, without this protection, will always be at the mercy of increasing demand from both the urban and agricultural sectors.
    Submitted by: Barbara Pyle, DSCC Executive Board Representative for the Fresno County DCC, AD 29, and Jay Hubbell, aka Berl Jay Hubbell, DSCC Member for the Fresno County DCC, Secretary of the Fresno County DCC, AD 29; based primarily on the work of Dorothy Green of the California Urban Water Conservation Council with additional input from Dr. Lloyd Carter of Save the San Joaquin, and Dr. John Suen of the Water Institute, California State University, Fresno.
    Adopted by: The Clovis Democratic Club, February 21, 2008.


    Support and Urge Co-Sponsorship of the National Roadless Area Conservation Act

    Whereas inventoried roadless areas in our national forests are a vital source of a significant quantity and high quality of water and provide essential wildlife habitat and a natural inspiration for visitors, while over 600 public hearings were held and over 2 million comments were received with about 95% of these comments in support of the "Roadless Area Conservation Rule" to protect 58.5 million acres of roadless areas in our national forests, and this roadless rule was promulgated into law on January 12th, 2001, during the Clinton Administration and has been widely hailed as one of the most popular conservation initiatives during that or any administration; and

    Whereas upon assuming office, the Bush Administration put a hold on the roadless rule going into effect, and there have been numerous legal challenges brought by the timber industry and Bush Administration seeking to overturn the roadless rule, but the September 2006 ruling by Judge LaPorte of the United States District Court for the Northern District of California upheld and reinstated the roadless rule for 50 million acres of national forestland, but excluded the nation's largest national forest which is also the world's largest temperate rainforest, the Tongass National Forest, since the Bush Administration had earlier exempted this forest from the roadless rule; and

    Whereas the Bush Administration has recently used the Administrative Procedures Act to amend the roadless rule state-by-state, and has begun this process by removing protections for 9.3 million roadless acres in Idaho including threatening the largest roadless complex in the lower 48, by removing protections for 4.4 million acres of roadless areas in Colorado, and seeking to use the management planning process to potentially make available about 9 million roadless acres in the Tongass National Forest of southeastern Alaska for commercial logging, road-building, and mining, as well as put at risk 971,000 roadless acres in southern California national forests for roads and extraction activities;

    Be it therefore resolved that the Environmental Caucus of the California Democratic Party urges Democratic Congressmembers to co-sponsor the National Roadless Area Conservation Act of 2007, H.R. 2516 introduced by Representative Jay Inslee (D-WA) and S. 1478 introduced by Senator Maria Cantwell (D-WA), to codify the Roadless Area Conservation Rule into law so as to permanently protect these pristine national forests in Idaho, Colorado, Alaska, California, and across the nation, while elevating the roadless rule to be a priority early in the next administration by laying the groundwork for swift passage of the National Roadless Area Conservation Act to then culminate with the signature of the President; and

    Be it further resolved that the Environmental Caucus of the California Democratic Party shall send this resolution to U.S. Senators Dianne Feinstein and Barbara Boxer, who we commend for co-sponsorship of the roadless legislation, as well as to those Democratic Congressmembers from California who either deserve thanks for their co-sponsorship or need to hear what a crucial issue this is to Californians to hopefully gain their co-sponsorship, plus even those already co-sponsoring need to consider how pressure can be brought to bear in order to protect roadless areas in Idaho, Colorado, Alaska, and California until passage and signing of the National Roadless Area Conservation Act can codify the roadless rule into law. ­submitted by Bruce Campbell




    Support for Full EIR / EIS on Hwy. 101 Construction Project through Richardson Grove Area

    Whereas Richardson Grove State Park is a beautiful ancient redwood grove which was established as a state park in the 1920s, was designated as critical habitat for the California-endangered Marbled Murrelet in 1996, and is the southernmost sizable ancient redwood stand along Highway 101, the "Redwood Highway", in this area a one-lane in each direction road which has run through the grove since 1914, and is the single place along the "Redwood Highway" where the canopy of an old-growth grove shrouds the highway on most of its 1.1 miles through Richardson Grove State Park bringing a sense of timeless wonder to most people traveling the road; and

    Whereas the California Department of Transportation (Caltrans) and the Federal Highway Administration has proposed widening / re-aligning Highway 101 in the Richardson Grove vicinity in order that large trucks promoted under the Surface Transportation Assistance Act and by the North American Free Trade Agreement can travel this road which could result in a proliferation of big-box stores especially in the Eureka area which could hurt wages as well as small businesses in Humboldt County, plus allow trucks from Mexico into the county which could negatively impact public safety as well as wages for truckers, and despite very few roads being able to accommodate these huge vehicles, while Caltrans also proposes tree and soil-removal and the construction of a 265 foot long wall just north of the park; and

    Whereas Caltrans is being deliberately vague as to how many trees will be removed in the construction proposal (despite their claim of already completing their "Detailed Survey" and "Biological Resources Study & Biological Assessment"), admit ancient redwood roots would be cut, and absolutely refuse to conduct a full Environmental Impact Report (the state process which is sensible because Highway 101 goes through a state park, involves endangered species issues, and would promote growth thus requiring a CEQA analysis) as well as an Environmental Impact Statement (the federal process which is sensible because Hwy. 101 is a federal highway, it runs within a quarter mile of the National Wild and Scenic South Fork Eel River, and because Richardson Grove State Park was designated as "critical habitat" for the Marbled Murrelet by the U.S. Fish and Wildlife Service), and despite the federally-threatened Northern Spotted Owl inhabiting the area as well as threatened Coho salmon inhabiting the nearby South Fork Eel River during some of its life cycle;

    Be it therefore resolved that the Environmental Caucus of the California Democratic Party strongly supports a thorough Environmental Impact Report / Environmental Impact Statement in regards to the proposed widening / "re-alignment" of Highway 101 in and near the Richardson Grove State Park area of southern Humboldt County, urges full compliance with citizen group requests for pertinent documents under the California Public Records Act, and calls upon the California Legislature and its Transportation Committees to consider re-allotment of some funding for Caltrans in the North Coast region to more pressing needs around the state; and

    Be it further resolved that the Environmental Caucus of the California Democratic Party shall send this resolution to: Caltrans District Director Charlie Fielder; Caltrans Director Will Kempton; Senator Pat Wiggins; Assemblymember Patty Berg; Congressman Mike Thompson; Dept. of Parks and Recreation Director Ruth Coleman; State Park and Recreation Commissioners Hart, Baylis, Kautz, Scherman, Warren, and Witt; State Park and Recreation Commission Assistant Louis Nastro; California State Parks Foundation Chairman Donald J. Robinson; Chair Pedro Nava and other Democratic members of the Assembly Transportation Committee; Chair Alan Lowenthal and other Democratic members of the Senate Transportation and Housing Committee; Assembly Speaker Fabian Nunez and Assembly Speaker-elect Karen Bass; State Senate President pro tem Don Perata and State Senate President pro tem-elect Darrell Steinberg, and to Save-the-Redwoods League.



    Supporting the California Prevention of Farm Animal Cruelty Act
    Whereas, Animal welfare organizations and the media have illuminated the cruel and inhumane confinement of veal calves, egg-laying hens, and breeding pigs, in tiny cages and crates on factory farms; and
    Whereas, California factory farms confine nearly 19 million hens in barren battery cages that are so small, the birds can't even spread their wings. Each bird has less space than a single sheet of paper on which to live.
    Whereas, During their four-month pregnancies, thousands of female breeding pigs in California are confined in barren gestation crates‹individual metal cages only two feet wide. The crates are so small that the animals cannot even turn around. Barely able to move, the pigs are prone to developing crippling joint disorders and lameness.
    Whereas, In order to produce veal, calves who would normally still be nursing are taken from their mothers. For the four months before they're slaughtered, the calves are typically tethered by their necks in crates too narrow for them to turn around or even lie down in comfortably.
    Whereas, Florida, Arizona and Oregon have state laws that prohibit gestation crates. The largest pig producer in the world, Smithfield Foods, is phasing out its use of gestation crates. Maple Leaf Foods, Canada's largest pig producer, is doing the same. The American Veal Association has recommended a phase-out of veal crates. And many major food retailers are moving away from supporting gestation crates, veal crates, and battery cages. Wolfgang Puck is ending his use of veal from crated calves, pork from gestation-crated sows and eggs from caged hens. Burger King, Carl's Jr. and Hardees have started phasing in pork and eggs from producers that don't use gestation crates and battery cages. Compass Group, the world's largest food service provider, is implementing a cage-free egg policy in the United States.
    Whereas, California schools such as University of San Francisco, San Francisco State University, UC Berkeley, and Stanford have joined hundreds more across the country in enacting policies to either completely eliminate or decrease their use of battery cage eggs; and
    Whereas, Thousands of California citizens volunteered their time to collect signatures to put a measure on the November 2008 ballot that would require that calves used for veal, egg-laying hens, and pigs used for breeding be given enough room to turn around and extend their limbs.
    NOW, THEREFORE, BE IT RESOLVED THAT THE ENVIRONMENTAL CAUCUS supports California Initiative 07-0041, The Prevention of Farm Animal Cruelty Act.
    (Background material on this resolution in back of packet)


    Legislation

    AB 1950 (Lieu) ­ Surrendered Vessels

    FACT SHEET

    Proposal
    AB 1950 creates a vessel turn-in program whereby the owner of a vessel could voluntarily turn in a vessel to a local agency rather than abandoning the boat, and increases the minimum fine from $500 to $1000 for abandoning dilapidated boats in a waterway.

    Background
    California has the second largest boating population in the United States. There are nearly 1 million registered vessels, not including federally documented vessels, and boating activity generates roughly $18.5 billion, or about 1.2 percent, to the gross state product annually.

    Abandoned vessels are a major problem in California. They decay and sink, threatening navigational safety and causing environmental damage through the seepage of gasoline and other toxic substances into the waterways. AB 1950 is in response to this ongoing problem. The purpose of the bill is to allow vessel owners to turn in their derelict and dilapidated vessels to a public agency for the purpose of disposal, as opposed to abandoning them in our waterways. While current law addresses the abatement of abandoned vessels, it does not have a mechanism to prevent abandonment of dilapidated vessels.

    The Department of Boating and Waterways currently provides grants to local agencies through the Abandoned Watercraft Abatement Fund to remove abandoned vessels from California waterways. The turn in vessel program established under AB 1950 would be funded through existing Abandoned Watercraft Abatement Fund program revenues. No new financial resources would be required.

    The benefit of creating a vessel turn-in program is that the environmental degradation that can occur when oil, fuel and other chemicals leak from a sunken or abandoned vessel is mitigated before any damage occurs. The enhanced fines are meant to encourage more responsible behavior by the owners of vessels.


    Sponsors & Supporters
    CA Assoc. of Harbor Masters & Port Captains
    CA Marine Parks & Harbors Association
    CA Yacht Brokers Association
    Marina Recreation Association
    Northern CA Marine Association
    Southern CA Marine Association
    Recreational Boaters of CA
    Western Boaters Safety Group



    AJR 41 (Lieu)
    Fact Sheet

    Resolution Description
    AJR 41 memorializes the federal government to adopt a final rule to extend the federal Endangered Species Act protections to the polar bear, and to advance several penguin species to the next stage in the federal Endangered Species Act listing process, with a formal proposal to list them as threatened or endangered.

    Background
    Some of the world's most remarkable species are threatened by global warming, industrial fisheries, marine pollution, oil spills and other factors. More than half of the world's 19 penguin species are in danger of exteinction, yet only one, the Galapagos penguin, is currently listed under the federal Endangered Species Act.

    Polar bears, the largest of the world's bear species, live only in the Artic, and are also threatened with extinction as global warming causes catastrophic environmental change in the Artic that is rapidly melting away the bears' essential Arctic sea-ice habitat. In the Artic, rising temperatures have already resulted in decreasing extent of sea ice, with the minimum extent of sea ice in 2007 1,000,000,000 square miles below the average minimum of the past several decades, and less than forecast by most climate models for the year 2050. Moreover, the United States Geological Survey has concluded that under a "business as usual" greenhouse gas emissions trajectory, two-thirds of the world's polar bears will be extinct by midcentury, including all of the bears in Alaska.

    Purpose
    On January 9, 2007, in response to a scientific petition, the United States Fish and Wildlife Service proposed to list the polar bear as a threatened species under the federal Endangered Species Act due to the melting of the polar bear's sea-ice habitat. On July 11, 2007, in response to a scientific petition, the United States Fish and Wildlife Service announced it is officially in the process of considering protecting 10 penguin species, including the emperor, northern and southern rockhopper, macaroni, Humboldt, African, White-flippered, erect-crested, Fiordland crested, and yellow-eyed penguin.

    This protection would provide a vital safety net for these threatened penguin species and for polar bears on the brink of extinction, and also help alert the public to the preventable tragedy of their decline, including the fact that a rapid, dramatic reduction in greenhouse gas emissions is necessary to prevent the extinction of these species.

    The Interior Department was required to a make a decision on whether the polar bear should be listed as threatened under the Act by January 9, 2008 due to the effects of global warming on the bear's habitat. Unfortunately, in January 2008, the federal government announced it will not meet its statutorily required deadline to make a decision on the future of the polar bear under the Endangered Species Act.

    This is an extremely urgent issue. As noted above, in the most recent study, the Interior Department determined that under current trends, two thirds of the world's polar bears will be extinct by 2050, including all of the bears in Alaska. We cannot allow this to happen. California is a recognized leader in the fight against global warming, and going on record with its strong commitment to saving the polar bears and penguins is an integral part of this effort.


    AB 2030, Lieu.

    Energy: building standards. The Warren-Alquist State Energy Resources Conservation and Development Act requires the State Energy Resources Conservation and Development Commission to adopt building design and construction standards, and energy and water conservation standards to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy, including energy associated with the use of water. This bill would require the commission to adopt, in collaboration with specified parties, building design and construction standards, and energy and water conservation standards to require new residential constructions commenced on or after January 1, 2020, and new nonresidential constructions commenced on or after January 1, 2030, to be zero net energy buildings.


    SB 1295, Decheny: Coastal Permits: Opposed argument

    SB 1295 would eliminate the ability of the Coastal Commission to appeal permits. The ability of Coastal Commissioners to appeal local permits is one of the most critical oversight aspects of the Coastal Act. To eliminate this function would tear out one of the fundamental pillars of the Coastal Act. While appeals from members of the public are important, citizens and non-profit groups simply do not have the resources or the ability to monitor every single one of the hundreds of local permits issued throughout the coastal zone and appeal the significant ones within a very short 10-day time frame and become involved so that they have standing to appeal. It would require that members of the public monitor all permits issued in every coastal city and county, comment on them to obtain standing to appeal and then have the background and knowledge to know if they raised a significant coastal issue based on the Coastal Act, Commission precedent and court decisions. As a result most development permits would go un-noticed by members of the public.

    If this bill passes, many important local permits dealing with issues relating to public access, wetlands, water quality or habitat will go unnoticed or un-addressed at the local level. Commission staff must receive notice of these actions and under the present law, can appeal them by having 2 Commissioners sign on to an appeal. Once appealed, the public has an opportunity to address issues of concern to them. If Commissioners were unable to appeal these projects, dozens of projects every year would fall through the cracks. If the appeal ability of commissioners is removed, these developments will go forward, un-noticed, until the development presents itself and its impacts. At that point it will be too late.

    Environmental groups are stretched thin already and cannot afford to allow this bill to pass. It is supported by those who are opposed to any oversight by the commission of local decisions and would eliminate an important component of coastal protection and one of the reasons Proposition 20, the Coastal Initiative, was passed.


    AB 1776, Devore ­ Nuclear Power ­ Rochelle Becker

    The Alliance for Nuclear Responsibility is opposed to AB 1776, Assemblyman Devore's second bill that attempts to lift California's ban on the siting of new nuclear plants in California. In 1976 our state had the foresight to question the federal government's ability to create a permanent and safe solution for long term storage of high-level radioactive waste. To undermine this protective legislation could have serious health and economic impacts to California residents.

    40 years have passed and no such solution exists. Furthermore there will soon be over 75,000 tons of the highly radioactive byproduct of nuclear generation sitting adjacent to our nation's rivers, lakes and oceans. To lift this ban without a solution in place would be counter to the spirit of California's law. According to the House Committee on Energy and Commerce before new plants can be built, the new owners must verify that they have a long-term plan for storage of spent nuclear fuel. This is exactly the restriction that Mr. Devore's bill would lift.

    As recently as Feb 25, 2008, NRC Chairman Klein stated, "Right now, more than half of the operating nuclear power plants have received or are applying for a 20-year license renewal, thus delaying the massive decommissioning waste that some expected might occur at the end of the initial 40-year license period. But, of course, life extensions just kick the can down the road. Even with another round of license renewals, giving plants life extensions beyond 60 years, we would still have to confront the immense challenge of decommissioning waste when these plants eventually cease operations." As the NRC has yet to find a solution for highly radioactive waste and is also coming to a crossroads for low-level waste, allowing new reactors could prove to be an environmental and economic disaster for California.

    The Alliance understands that AB 1776 simply addresses lifting California's ban on new nuclear plants. However, there are many other obstacles to the road for a nuclear revival and many differences of opinion on whether nuclear can or will be a solution to the problem of Global Warming. Before lifting this ban it is important to weigh all the costs, benefits and risks of continuing down a nuclear energy path and the California Energy Commission will complete this analysis November 2008. --Rochelle Becker, Executive Director, Alliance for Nuclear Responsibility
    Rochelle@a4nr.org
    858 337 2703


    Initiatives

    Solar and Clean Air Initiative - pro

    Here are some relevant legal points concerning how the SACE initiative preserves and upholds a robust environmental review process including careful consideration of reviews by local
    agencies and community and environmental organizations.
    EXISTING LAW:
    With certain exceptions, the Energy Commission may not certify a facility if it does not comply
    with state, local, or regional ordinances or standards, pursuant to Public Resource Code Section
    25525.
    Public Resources Code Section 25525 states in full:
    "The commission may not certify a facility contained in the application when it finds, pursuant
    to subdivision (d) of Section 25523, that the facility does not conform with any applicable state,
    local, or regional standards, ordinances, or laws, unless the commission determines that the
    facility is required for public convenience and necessity and that there are not more prudent
    and feasible means of achieving public convenience and necessity. In making the
    determination, the commission shall consider the entire record of the proceeding, including,
    but not limited to, the impacts of the facility on the environment, consumer benefits, and
    electric system reliability. The commission may not make a finding in conflict with applicable
    federal law or regulation. The basis for these findings shall be reduced to writing and submitted
    as part of the record pursuant to Section 25523."
    CURRENT CALIFORNIA ENERGY COMMISSION REVIEW PROCESS FOR ELECTRICAL GENERATION FACILITIES:
    The following language is from the CEC's website regarding the consideration of "laws,
    ordinances, regulations, and standards" regarding the CEC's current authority to approve all
    thermal generating plants of over 50 MWs in California.
    It is a good basis for commencing a review of the SACE initiative to further assure that the
    initiative will be implemented to assure conformity with local ordinances and meet relevant
    stringent environmental standards.
    The links to the CEC website are below:
    http://www.energy.ca.gov/public_adviser/lors_faq.html
    http://www.energy.ca.gov/public_adviser/documents/2004_11_09_LORS.PDF
    The CEC website states:
    "The Energy Commission's certification process has been certified by the State Resources
    Agency as functionally equivalent to the review conducted under the California Environmental
    Quality Act (CEQA).
    In its review, the Energy Commission must determine whether the project will be constructed
    and operated in conformance with all applicable Laws, Ordinances, Regulations and Standards
    (LORS)."
    SACE INITIATIVE LANGUAGE REGARDING CONSIDERATIONS GIVEN TO LOCAL REVIEW:
    The specific language of the SACE Initiative states that the CEC will establish a process (i.e. draft
    administrative regulations) to issue final certification of a solar and clean energy plant, which
    shows upon an initial review that there is "substantial evidence that the project will not cause a
    significant adverse impact on the environment or electrical distribution system and will comply
    with all applicable standards, ordinances, or laws." (See SACE Initiative Section 23, Former
    Public Resources Code Section 25550(a).)
    For purposes of the above section, no application can be considered by the CEC, which is not
    deemed "complete". This is existing law; and it is referenced specifically in the SACE Initiative.
    (See SACE Initiative Section 17, Public Resources Code Section 25522(b).)
    So, for a solar and clean energy project to be considered by the CEC, the project application
    must be deemed "complete"; and the project must demonstrate that it has no substantial
    adverse impact on the environment or electrical transmission and distribution system and will
    comply with "all applicable standards, ordinances, or laws."
    THE ROLE OF THE CALIFORNIA ENERGY COMMISSION'S PUBLIC ADVISER IN ASSURING
    PARTICIPATION AND CONSIDERATION OF THE VIEWS AND CONCERNS OF LOCAL GOVERNMENT
    AND INTERESTED GROUPS AND INDIVIDUALS IN THE APPROVAL PROCESS OF ENERGY
    FACILITIES
    In addition, existing law, contained in Public Resources Code, Section 25222 sets forth criteria
    that the CEC's Public Adviser must use to advise the CEC to assure full participation by all
    interested parties. The relevant section states in full:
    "The adviser shall insure that full and adequate participation by all interested groups and the
    public at large is secured in the planning, site and facility certification, energy conservation, and
    emergency allocation procedures provided in this division. The adviser shall insure that timely
    and complete notice of commission meetings and public hearings is disseminated to all
    interested groups and to the public at large. The adviser shall also advise such groups and the
    public as to effective ways of participating in the commission's proceedings. The adviser shall
    recommend to the commission additional measures to assure open consideration and public
    participation in energy planning, site and facility certification, energy conservation, and
    emergency allocation proceedings."

    Solar and Clean Air Initiative - con

    In opposition - Tam Hunt, Energy Program Director / Attorney
    Summary

    The Solar and Clean Energy Act of 2008 (SACE Act) would make a number of changes to existing law, including:

    Increase the current renewable (solar, wind, geothermal, small hydro, etc. electricity requirement to 40% by 2020 and 50% by 2025

    Expand the renewable energy requirements to include publicly owned utilities, which are currently outside of the mandate and generate about 25% of the state's total power and a higher portion of the state's greenhouse gases

    Attempts to provide a limit on total consumer costs of 3% above the market price of power (pegged to the cost of electricity from natural gas plants, which will rise over time)

    Reduce the penalty for utility non-compliance from 5 cents per kilowatt-hour, under current law, to 1 cent per kilowatt-hour, but also eliminate the $25 million cap for each utility, generally increasing the total penalty for non-compliance

    Provide for waiver of penalties if certain situations pertain, as under current law

    Shift permitting authority for solar and other renewable energy (wind, biomass, geothermal, small hydro, etc.) projects of 30 megawatts or more from local governments to the California Energy Commission (CEC)

    Shift permitting authority for renewable energy transmission projects from the California Public Utilities Commission (CPUC) to the CEC

    Provide for an expedited permitting process for new transmission and solar or other clean energy plants, if an initial review finds, inter alia, no significant adverse environmental impacts

    Provide for retraction of the expedited permitting process, with the normal process reinstated, if significant environmental impacts are found after the expedited process begins

    Shift authority from the CPUC to the CEC to set the "market price referent," the proxy price for electricity from new natural gas power plants (considered the default power option)

    Require additional factors be considered by the CEC in setting the level of the market price referent, such as the "value and benefits of renewable resources," which may lead to a higher market price referent than we have today, making renewable energy more competitive

    Require utilities and Community Choice Aggregators (CCAs) to purchase renewable energy from merchant power plant operators offering renewable energy at prices at or below the market price referent, if the utility or CCA is not current with its annual renewable energy obligations

    Provide that power contracts will be considered "per se reasonable" if they are equal to or less than 10% above the market price referent (current law considers contracts per se reasonable if they are at or below the market price referent); if a contract is per se reasonable, the CPUC will almost always approve it

    Require CCAs to follow a similar renewable energy procurement process as the investor-owned utilities, with contract approval, renewable energy procurement plans, and a few other additional requirements, under the purview of the CPUC

    What the SACE Act would NOT do:

    Would not reduce the penalty for non-compliance with current renewable energy requirements (it would generally increase it)

    Would not substantially affect the authority of the Legislature or the People, through referendum, to enact a feed-in tariff law (there would be no conflict between a robust feed-in tariff and the SACE Act)

    Would not eliminate environmental review for any projects (there are many safeguards provided) and does not simply cut the review period from 12 months to six, as some have claimed

    Would not allow "trash burners" to be permitted and does not change current law on this issue. Current law allows "municipal solid waste conversion" facilities to qualify for the state Renewables Portfolio Standard, under limited circumstances.

    Would not impose overly burdensome requirements on CCAs through additional regulation by the CPUC




    Prevention of Farm Animal Cruelty Act - Judy Ki, SDCDP Grassroots Organizing Team

    The Prevention of Farm Animal Cruelty Act provides the most basic protection for animals in factory farms: allowing them to stand up, lie down, turn around, and to extend their limbs or wings in their cages. The purpose of the measure is to ban three of the cruelest forms of intensive confinement in the world of animal agribusiness: veal crates (where male calves are chained in tiny crates), battery cages (each egg-laying hen have less space than half a piece of paper), and gestation crates (where pregnant sows cannot even turn around). These inhumane practices cause a great deal of pain and suffering throughout the entire life of these animals. All three of these practices have already been banned in the European Union. Similar ballot measures were passed by voters in Florida, Oregon, and Arizona.


    Agenda & Resolution Packet
    for the Nov. 17, 2007 Environmental Caucus Meeting

    CDP Environmental Caucus Agenda
    November 17, 2007
    Anaheim, CA
    Debra Broner ­ Chair (in Breit & Keeley's absence)

    1. Approve agenda
    2. Approve minutes
    3. Treasurer's report
    4. Officers' reports (if any)
    5. Environmental Justice Subcommittee Report ­Vice Chair Fred Keeley/Barbara Graves
    6. Report on China ­ Chair Emerita Rachel Binah
    7. On Formation of an Energy Subcommittee ­ Woody Clark
    8. Proposition 92 ­ CTA (oppose) & CYD (support) (Claire Conlon)
    9. Proposition 93
    10. Report on Wave Energy ­ Rachel
    11. Resolutions:
    a. Clean Energy Reverse Mortgage Resolution ­ Craig Williams
    b. Enforce & Reinstate Vital Environmental Protections ­ Bruce Campbell
    c. Reaffirm Heritage Tree Resolution ­ Chair Luke Breit*
    12. Old Business
    13. New Business


    Environmental Caucus
    Resolutions on the 11/17/07 Agenda


    Clean Energy Reverse Mortgage Resolution

    Whereas global warming is recognized as the most serious environmental challenge facing our planet in the history of our civilization; and,

    Whereas the U.S. accounts for over twenty five percent of the planet's CO 2 emissions; and,

    Whereas home prices have increased by two hundred percent and more over the past two decades creating trillions of dollars in home equity and conventional reverse mortgages have been in existence for senior citizens for over a decade; now, therefore,

    Be it resolved that the California Democratic Party Environmental Caucus endorse the creation of a Clean Energy Reverse Mortgage, allowing millions of homeowners, commercial property owners and farmers to easily invest into renewable clean energy while also allowing millions of drivers to pre-order plug-in hybrids simultaneously protecting our environment, creating green collar jobs, reducing our dependence on foreign oil and helping to improve our economy.

    Submitted by Craig Williams



    Enforce & Reinstate Vital Environmental Protections

    Whereas the "roadless rule" protecting 58.5 million acres of wild roadless areas in our national forests was signed in the final days of the Clinton Administration, and it has been embroiled in court battles with the most recent decision upholding the law which was based not only on sound science, but on a few hundred public hearings and 1.5 million public comments about this policy which would protect these forests which are the source for most of America's water supply, as well as being vital for wildlife, recreation, and agriculture; and

    Whereas President Clinton signed a proclamation in 2000 establishing the Giant Sequoia National Monument, but there has been poor management by the U.S. Forest Service which still insists on a sizable timber program even within the bounds of Giant Sequoia National Monument as well as in the giant sequoia groves themselves, despite being contrary to the letter and spirit of the Presidential proclamation signed regarding this area in the southern Sierras, and President Clinton also signed proclamations in 2000 and 2001 establishing the Santa Rosa and San Jacinto Mountains National Monument, the Carrizo Plain National Monument, and other national monuments around the country; and

    Whereas President Clinton signed a proclamation in 2000 establishing the Cascade-Siskiyou National Monument just north of the Oregon border where an array of eco-regions converge toward the eastern part of the Klamath / Siskiyou area which is world-renowned for its biological diversity, yet the Bureau of Land Management has called for a management plan which would see more logging and grazing than would be the case if the spirit and letter of the Presidential proclamation establishing this monument was followed and enforced, and the monument should have extended about 9000 acres into California but this did not seem politically feasible at the time in Siskiyou County, while in the waning days of the Clinton Administration, former Interior Secretary Bruce Babbitt withdrew over a million acres of federal land from mineral entry in the Siskiyou wild rivers area primarily in southwestern Oregon as a prelude to examining much of this area for more official protection after thorough hearings and research, but the Bush Administration succeeded in overturning that temporary halt on new mining claims;

    Be it therefore resolved that the California Democratic Party Environmental Caucus shall send this resolution to all 2008 Democratic Presidential contenders calling upon them to include in their platforms their strong support for assuring that the "roadless rule" protecting roadless areas in our national forests is enforced, and in ensuring that national monuments established in 2000 and 2001 are managed by the letter and spirit of the Presidential proclamations rather than by pressure on the managing agencies by extractive industries which have resulted in management plans which are very questionable in terms of both legality and ecological integrity; and

    Be it further resolved that the California Democratic Party Environmental Caucus also calls upon our 2008 Presidential contenders to support the transfer of Giant Sequoia National Monument from the U.S. Forest Service to the National Park Service, calls for hearings and research into extending the Cascade - Siskiyou National Monument to include about 9000 acres in California, and calls for the re-institution of the overturned "withdrawal from mineral entry" for 1,093,953 acres of Forest Service land and 151,970 acres of Bureau of Land Mangement land in the Siskiyou wild rivers area to halt new mining claims while research and hearings proceed regarding further protection for this biologically diverse unprotected landscape.

    (submitted by Bruce Campbell)



    Reaffirmation of CDP's Support of the Preservation of Heritage Trees

    Whereas, Heritage Trees, defined as trees older than the State of California, are a precious resource to all, including future generations; and

    Whereas, property, harvest and construction rights can be exercised in such a way that home construction and harvest can be done around Heritage Trees; and

    Whereas, with the overwhelming need to cut greenhouse gases, old-growth trees have been shown to be one of the best natural tools for carbon sequestration; now, therefore

    Be It Resolved, that the California Democratic Party supports the proposition that Heritage Trees shall no longer be logged, cut, or otherwise extirpated, and natural habitat and ecosystems shall be preserved wherever and whenever possible and that a review board be established to enforce these rules, any disputes being settled by arbitration.

    Submitted by Chair Luke Breit & the Campaign for Old Growth
    Resolution in Support of an EPA Waiver for the Global Warming Act

    Whereas, Due to the heroic efforts of former Assemblymember Fran Pavley and the Democratic leadership of the State Senate and Assembly, the Global Warming Act of 2006 was established in state law, creating a statewide greenhouse gas emission limit that will, if implemented, reduce emissions by 25% by 2020, placing California at the forefront of worldwide efforts to slow global warming; and

    Whereas, According to the California Air Resources Board, the transportation sector is responsible for 41 percent of California's greenhouse gas emissions and that the standards required by the Act will achieve a reduction of 30 million tons by 2020, and 50 million tons by 2030 (which would reduce current levels by 18% and 27% respectively); and,

    Whereas, although the President of the United States and his Environmental Protection Agency have taken extraordinary steps, including the suppression of scientific information from within his own administration, to block states' efforts to take the lead in fighting global warming, the Supreme Court of the United States has repudiated the EPA's position that it lacks the authority to regulate the emissions of carbon dioxide and other greenhouse gases from cars; now, therefore,

    Be It Resolved that the Environmental Caucus of the California Democratic Party, in light of CARB has provided voluminous documentation and testimony in support of its waiver request, specifically that its protectiveness determination is not arbitrary and capricious, that California needs its own motor vehicle emission control program to address the compelling and extraordinary circumstances that continue to exist in this state, and that the California standards are consistent with the Clean Air Act, urges the United States Environmental Protection Agency to actually live up to its name and protect our environment by granting California the waiver necessary to implement the Global Warming Act without further delay; and be it further

    Resolved, that copies of this Resolution be forwarded to Senators Barbara Boxer and Dianne Feinstein, House Speaker Nancy Pelosi, Senate President Don Perata, Assembly Speaker Fabian Nunez, CARB Director Mary Nichols and U.S. Environmental Protection Administrator Stephen Johnson.

    --by Gail Slocum & Luke Breit



    Agenda & Resolution Packet
    for the July 14, 2007 Environmental Caucus Meeting


    1. Approval of Agenda

    2. Approval of Minutes

    3. Reports from the Officers
    a. Chair
    b. Chair-Emeritus
    c. Treasurer
    d. Secretary
    e. Co-Chair Barbara Graves, Environmental Justice Subcommittee


    4. Resolutions
    a. Resolution 07-7-14-1: Against Loss of Public Lands for Private Profit ­ Chair for David Chittenden
    b. Resolution 07-7-14--2: In Support of LED Lighting ­ Rachel Binah
    c. Resolution 07-7-14-3: Reduce consumption of meat & dairy ­ Marlene Sarnat and George Sasaki
    d. Resolution 07-7-14-4: On Regional Blueprint Planning ­ Chair
    e. Resolution 07-7-14-5: On Global Warming ­ Chair

    5. Discussion Items
    a. Shall the Caucus launch a campaign to require solar panels on all all new and retrofitted construction in California? - Delores Welty
    b. How can the Caucus influence state & national legislation on Global Warming over the next 3 years? - Paul Gilbert (not present)
    c. How can the Caucus assist in the fight for renewable energy and Sustainable Development? ­ Woody Clark
    d. What works best in caucus communications? Website? Email? Both? - Chair

    6. Old Business

    7. New Business

    8. Guests

    9. Adjournment





    Environmental Caucus Resolution Package
    E-Board ­ 7-14-2007

    Resolution 07-7-14-1
    Against Loss of Public Lands for Private Profit

    Whereas, the Irvine Company has announced plans to build more than 4000 new homes in Orange County from the intersection of Jamboree Road and Santiago Canyon Road six miles eastward past the far end of Irvine lake; and
    Whereas, the storm water runoff from this extensive, newly paved area will flow into large concrete catch basins to be built in Irvine Regional Park and Peters Canyon Regional Park, thus misappropriating both park land and recreational opportunities from the public in order to contain the runoff created by the private Irvine Company development; and
    Whereas, the City of Orange and the County of Orange have approved these plans without releasing to the public the details of the runoff management plan, and now refer to this scheme as "replacing current park uses with other similar park uses";
    Therefore be it resolved that the Environmental Caucus of the Democratic Party of California deplores this theft of public park property for private profit, asks each park user to consider whether they would want their local park to be used in this way, and asks them to contact their elected officials at the city, county, and state levels to demand that this scheme be abnegated in the public interest, and to avoid setting a precedent by permitting the give away of public property to private interests without public knowledge or approval.
    Submitted by Dave Chittendon, The Democratic Central Committee of Orange County

    Resolution 07-7-14-2
    In Support of LED Lighting

    Whereas, CO2 is a major cause of global climate change and 25% of household electrical use is for general incandescent lighting, which produces CO2s, and only 5% of electricity used to power incandescent light bulb produces light with the other 95% generated as heat which increases the temperature in interior areas so that air conditioning is needed to cool the heated air thereby using an additional 15% electric usage, and

    Whereas compact fluorescent lights are more energy efficient than incandescent lighting, but, they are extremely toxic on disposal or accidental breakage because they contain mercury; and although there are rules for safe disposal of CFLs, it can be assumed that many will end in landfills, polluting the land with mercury, and

    Whereas, LED lighting is the most energy efficient because it uses uses between 3 to 5 watts of electricity to produce the same lumens as a 60 watt incandescent light bulb and half the electricity of a 13 watt CFL bulb and LEDs contains no toxic materials, do not require precious metals in the manufacturing processes and after a 50,000 hour life span, can be disposed of in landfills without danger or pollution,

    Therefore, be it resolved that the Environmental Caucus of the California Democratic Party endorses and encourages use of LED lighting in governmental, commercial and domestic applications as is feasible;

    And be it further resolved that Legislature be encouraged to promote LED lighting in current and future state energy legislation.

    introduced by Sheri Hanson
    passed by the Mendocino County Democratic Central Committee June 2007


    Resolution 07-7-14-3
    To Reduce Our Impact On the Planet and Our Contribution to Global Warming by Reducing Our Consumption of Meat and Dairy Products


    Whereas, Global Warming is a very real environmental threat that will bring about many severe changes to the planet as we know it. The 2006 United Nations report, Livestock's Long Shadow ­Environmental Issues and Options, concludes: "Livestock have a substantial impact on the world's water, land and biodiversity resources and contribute significantly to climate change." (global warming) It is imperative that we take action to reduce the human impact that causes and adds to global warming which will affect all living things on earth; and

    Whereas, 1.3 billion people could be fed with the amount of grain and soybeans eaten by U.S. livestock; an acre of farmland can yield 250 pounds of beef or 40,000 pounds of potatoes. Reducing our consumption of meat- and dairy-based foods will decrease the amount of livestock raised and therefore their impact and ours on our environment; and

    Whereas, Meat and dairy production, processing, and distribution uses very large amounts of water: one pound of beef takes 5,214 gallons of water - 1 pound of wheat: 25 gallons; consumes much more fossil fuels; contributes much more pollution in the form of greenhouse gases, and water pollution; and is a major source of land erosion when compared to comparable non-meat or non-dairy food sources; now,

    Therefore be it resolved that the California Democratic Party Urges the people of the United States to reduce our consumption of meat and dairy products.
    Submitted by: Marlene Sarnat and George Sasaki
    Adopted by: Rio Vista Democratic Club
    Adopted by: North Solano Democratic Club
    Adopted by: Solano County Democratic Central Committee

    Resolution 07-7-14-4
    On Regional Blueprint Planning

    Whereas, California has picked up the mantle that the nation has dropped and taken major steps to combat global warming and greenhouse gasses through measures such as AB 32; and,

    Whereas, the Sacramento region, through the Sacramento Area Council of Governments, has in bipartisan cooperation developed a planning blueprint through which each local government determines where its share of housing will go, in concert with protecting watersheds and valuable farmland and designing a workable transportation system, and,

    Whereas, it is critical for the future of California to utilize the blueprint system for each region of the state to determine where needed housing will go and to coordinate such housing plans with the need to protect our air, water, open space, agricultural land, transportation systems and other benefits to enhance every Californian's quality of live; now, therefore,

    Be It Resolved that the California Democratic Party urges the State Legislature to establish local government blueprint requirements to aid regions in developing specific guidelines for transportation plans by regional transportation planning agencies to ensure minimal environmental impacts and to help make the state's metro areas more attractive and livable, allowing them to grow and attract jobs in a cleaner, healthier setting and to limit the growth of greenhouse emissions from vehicles and trucks; and be it further


    Resolved, that the California Democratic Party prepare and submit copies of this Resolution to the Democratic members of the State Legislature.

    Submitted by
    Luke Breit
    Chair, Environmental Caucus of the CDP

    Resolution 07-7-14-5
    On Global Warming

    Whereas, On Feb. 2, 2007, the United Nations' Intergovernmental Panel on Climate Change studying climate change declared that the evidence of a warming trend is "unequivocal," and that human activity has "very likely" been the driving force in that change over the last 50 years, conclusions reached by a consensus of all scientists involved with no minority or dissenting report, an assessment subjected to extensive review, by hundreds of independent scientists as well as all the sponsoring governments; and,

    Whereas, An ever-accumulating body of evidence, including July 10, 2009 congressional testimony by Bush former Surgeon General Richard Carmona stating that top Administration officials repeatedly tried to weaken or suppress important public health reports and NASA scientists complaints of political pressure to tone down warnings about global warming, implicates the Bush Administration in an ongoing fiction to reward business friends and allies by censoring scientific reports warning of danger to the planet and the public health; and,
    Whereas, the new Democratic majority in the House and the Senate have begun the long road to undo the grave harm the Bush Administration has perpetuated through hearings, investigations and legislations; now, therefore,
    Be it Resolved that the Environmental Caucus of the California Democratic Party expresses its support and gratitude for the new steps Congress has undertaken under the new Democratic leadership and especially under the leadership of Senator Barbara Boxer of House Speaker Nancy Pelosi and urges Congress to promote ten steps already espoused by Senator Boxer to turn the tide on global warming:

    1. Promote Advanced Technology & Hybrid Cars: Begin today to provide incentives for converting domestic assembly lines to manufacture highly efficient cars, transitioning the fleet to American made advanced technology vehicles, increasing consumer choice and strengthening the US auto industry.
    2. Invest In More Efficient Factories: Make innovative use of the tax code and economic development systems to promote more efficient and profitable manufacturing while saving energy through environmental retrofits, improved boiler operations, and industrial cogeneration of electricity, retaining jobs by investing in plants and workers.
    3. Encourage High Performance "Green" Building: Increase investment in construction of "green buildings" and energy efficient homes and offices through innovative financing and incentives, improved building operations, and updated codes and standards, helping working families, businesses, and government realize substantial cost savings.
    4. Increase Use of Energy Efficient Appliances: Drive a new generation of highly efficient manufactured goods into widespread use, without driving jobs overseas, by linking higher energy standards to consumer and manufacturing incentives that increase demand for new durable goods and increase investment in US factories.
    5. Modernize Electrical Infrastructure: Deploy the best available technology like scrubbers to existing plants, protecting jobs and the environment; research new technology to capture and sequester carbon and improve transmission for distributed renewable generation.
    6. Expand Renewable Energy Development: Diversify energy sources by promoting existing technologies in solar, biomass and wind while setting ambitious but achievable goals for increasing renewable generation, and promoting state and local policy innovations that link clean energy and jobs.
    7. Improve Transportation Options: Increase mobility, job access, and transportation choice by investing in effective multimodal networks including bicycle, local bus and rail transit, regional high-speed rail and magnetic levitation rail projects.
    8. Reinvest In Smart Urban Growth: Revitalize urban centers to promote strong cities and good jobs, by rebuilding and upgrading local infrastructure including road maintenance, bridge repair, and water and waste water systems, and by expanding redevelopment of idled urban "brownfield" lands, and by improving metropolitan planning and governance.
    9. Plan For A Hydrogen Future: Invest in long term research & development of hydrogen fuel cell technology, and deploy the infrastructure to support hydrogen powered cars and distributed electricity generation using stationary fuel cells, to create jobs in the industries of the future.
    10. Preserve Regulatory Protections: Encourage balanced growth and investment through regulation that ensures energy diversity and system reliability, that protects workers and the environment, that rewards consumers, and that establishes a fair framework for emerging technologies.
    Submitted by Luke Breit
    Chair, Environmental Caucus of the CDP



    Agenda & Resolution Packet
    for the April 28, 2006 Environmental Caucus Meeting



    1. Approval of Agenda
    2. Approval of Minutes
    3. Treasurer's Report
    4. Reports from the Officers
    a. Website - Breit b. Environmental Justice ­ Keeley/Graves
    5. Resolutions
    a. 06-04-28-1 ­ Plastic Bags - Chair
    b. 06-04-28-2 - Protect Morrell and Decker Canyons from Net-Loss Energy Scheme ­ Bruce Campbell
    c. 06-04-28-3 - Support for California's Roadless Areas ­ Bruce Campbell
    d. 06-04-28-4 - Hydrogen Highways Resolution ­ Paul Staples and Dr. Woodrow Clark II
    e. 06-04-28-5 - Resolution in Support of Urban Environmental Accords
    6. Discussion Items
    a. High Speed Rail ­ Jane Morrison
    b. Proposal is to make the Caucus more effective in influencing public policy at the International, National and State level in regard to improving the environment in which we live ­ Paul Gilbert
    c. Proposal to establish a study group to prepare a survey of our members ­ Paul Gilbert
    d. Global Warming ­ Paul Gilbert
    e. Status of LNG ­ Art Halenbeck/Susan Jordan
    7. State Conservation Efforts ­ Assembly Member John Laird, Chair, Assembly Natural Resources Committee
    8. Consider Caucus legislative recommendations
    9. 36th CD ­ Harmon v. Winograd ­ Jim Wisley 10. Old Business
    11. New Business
    12. Guests*
    a. Treasurer Phil Angelides - candidate for Governor
    b. Controller Steve Westly - candidate for Governor
    c. Senator Deborah Ortiz - candidate for Secretary of State
    d. Senator Debra Bowen - candidate for Secretary of State
    e. Oakland Mayor Jerry Brown - candidate for Attorney General
    f. Senator Liz Figueroa - candidate for Lt. Governor
    g. Senator Jackie Speier - candidate for Lt. Governor
    h. Assemblywoman Judy Chu - candidate for the Board of Equalization
    i. Assembly Member Jerome Horton - candidate for the Board of Equalization
    j. L.A. Counsel Rocky Delgadillo - candidate for Attorney General
    k. Brett Wagner ­ candidate for Santa Barbara County Supervisor


    Resolution Package
    State Convention ­ Apr. 28, 2006



    Resolution 06-4-28-1
    Resolution Regarding Plastic Bags

    Whereas, plastic bags take up to 1000 years to break down in the environment; they do not bio-degrade, and kill more than 1 million birds, 100,000 whales, seals and turtles and countless fish worldwide every year through entanglement, suffocation and ingestion; turtles in particular are prone to mistaking the bags for jellyfish, ingesting them and dying of intestinal blockage; and,

    Whereas, plastic bags are made from polyethylene which starts as crude oil, natural gas, or other petrochemical derivatives, which are non-renewable resources and, unlike paper bags which typically 25-60% recovered paper fiber, contain almost no recycled content.

    Whereas, every year Californians use 27.5 billion plastic bags, enough to circle the earth over 348 times; first introduced in 1977, plastic bags now account for four out of every five bags handed out at supermarkets, many of which no longer even offer a choice of "paper or plastic," much less cloth, reusable bags; now, therefore,

    Be it resolved that the Environmental Caucus of the California Democratic Party urges the state's supermarkets and other large retailers to voluntarily agree to cut their use of plastic bags by 50 percent over the next five years through requiring all checkers to offer alternatives to plastic bags such as paper bags or, preferably, reusable canvas bags, which are sturdier and can carry much more than plastic bags, and that the Environmental Caucus urges the State Legislature's appropriate oversight committees to monitor compliance with this goal and consider imposing fees on the use of plastic bags should the voluntary effort fail; and

    Be it further resolved that copies of this Resolution be transmitted to the CEOs of the state's major supermarket chains, the State Senate President pro Temp, the Speaker of the Assembly and the chairs of the respective oversight committees.

    Submitted by Luke Breit, Chair




    Resolution 06-04-28-2
    Protect Morrell and Decker Canyons from Net-Loss Energy Scheme


    Whereas the Cleveland National Forest of Riverside, Orange, and San Diego Counties contains important watersheds with some of the greatest biological diversity in the country, while the Cleveland National Forest Draft Management Plan of 2004 recommended the extension of the San Mateo Wilderness to include both the Morrell Canyon and Decker Canyon areas of Riverside County; and,

    Whereas the Nevada Hydro Company was established by Vista, California, associates of Republican Congress member Darrell Issa, and they applied political pressure in order to get the recommendation for wilderness at Morrell Canyon and Decker Canyon withdrawn in order to accommodate an unusual hydroelectric project in the area by this company; and,

    Whereas Nevada Hydro proposes to build a 180-foot-tall dam adjacent to the San Mateo Wilderness at Morrell Canyon (or a 240-foot dam if nearby Decker Canyon is the site chosen), as well as about 30 miles of 170-foot-tall transmission lines, in order to pump polluted Lake Elsinore water up the hill at night when there are cheaper electricity rates, and then release the water downhill during the afternoon to turn turbines and generate electricity which would bring profits to the company due to the difference between daytime peak-load and nighttime electricity rates; now, therefore,

    Be it therefore resolved, that the Environmental Caucus of the California Democratic Party supports wilderness designation for the Morrell Canyon and Decker Canyon areas of the Cleveland National Forest as was proposed in the draft management plan for this biologically diverse forest, and opposes the Nevada Hydro Company's proposed dam and transmission line project targeting the Morrell Canyon or Decker Canyon area because it is wrong to despoil publicly-owned wildlands for a private project which would result in a net-loss of energy, and because it increase dangers from fire and from flooding; and

    Be it further resolved that the Environmental Caucus of the California Democratic Party shall send this resolution to U.S. Senators Dianne Feinstein and Barbara Boxer, to the Democratic members of the U.S. House of Representatives from California, to the Democratic Party victors in the June 6th, 2006, primary election for Congressional seats in Riverside, Orange, and San Diego Counties, and to the Federal Energy Regulatory Commission.

    Submitted by Bruce Campbell of the Santa Monica and West Los Angeles Democratic Clubs



    Resolution 06-04-28-3
    Support for California's Roadless Areas


    Whereas roadless areas of national forests in California provide clean drinking water for tens of millions of our state's residents as well as for agricultural, industrial, and other uses, are essential core habitat and biological corridors for wildlife, and usually provide an ongoing flow of water due to the intricate plumbing systems of our ancient forests, which helps to guard against drought and supports habitat for threatened, endangered, and sensitive species; and

    Whereas the Clinton Administration formalized the protection of 58.5 million acres of national forest roadless areas, with 4.4 million acres being in California, in the waning days of his administration due to having conducted the most thorough hearing and comment process ever, but due to the timing the Bush Administration was able to stall and then reverse protections which would have helped our forested watersheds; and

    Whereas because most states in the western United States are governed by those who are greatly influenced by extractive industries, the Bush Administration is allowing the governors of states in the West to have some say as to how to manage the roadless areas of national forests in their states which would have been protected under the Roadless Area Conservation Rule (though it still could be overridden at high levels of the Bush Administration), thus it is important to apply pressure on the state level for good protection for these pristine areas; now, therefore

    Be it resolved that the Environmental Caucus of the California Democratic Party strongly urges state legislators to support efforts to provide protection for the 4.4 million acres of roadless areas in California national forests which would have received protection under the Roadless Area Conservation Rule which was formalized late in the Clinton Administration, and to prohibit any state agency or department from spending funds to implement plans by a federal agency which would not be compatible with the original 2001 roadless rule; and

    Be it further resolved that the Environmental Caucus of the California Democratic Party shall send this resolution to gubernatorial candidates Phil Angelides and Steve Westly, to State Senate President pro tem Don Perata, to Assembly Speaker Fabian Nunez, to Senators Kuehl and Chesbro, to all Democratic members of the State Assembly, to Chair Art Torres, Bob Mulholland, and to Special Assistant Tamminen.

    Submitted by Bruce Campbell of the Santa Monica and West Los Angeles Democratic Clubs



    Resolution 06-04-28-4
    A Resolution Supporting A Clean, Sustainable & Renewable Hydrogen Highway Plan

    WHEREAS backed by overwhelming voter support, California has provided internationally-recognized leadership in shifting to renewable and sustainable energy, energy efficiency, demand response, distributed generation, and conservation while recognizing the security and economic development value of doing so and replacing fossil fuels with sustainable renewable energy; and,

    WHEREAS, The current Hydrogen Highway Blueprint Plan outlines a path to 250 hydrogen fueling stations and 20,000 hydrogen-fueled vehicles to be implemented in phases, which will help set the stage for full-scale commercialization of these technologies, and the current plan is inadequate and only requires that 1/3 of the hydrogen be generated from Clean Sustainable and Renewable Sources; and

    WHEREAS, the whole purpose of using hydrogen is to replace fossil fuels, clean up our air and environment, and to provide energy security, and the current plan encourages the use of fossil fuels and nuclear power to make hydrogen by allowing that 2/3 of the hydrogen generated for these 20,000+ vehicles and 250 fueling stations, thereby defeating the purpose, and the current plan will put all the work to develop hydrogen into the hands exclusively in the control of the petroleum, fossil fuel, and nuclear power industries; now, therefore,

    BE IT RESOLVED, the Environmental Caucus of the California Democratic Party strongly urges that the Hydrogen Highway Plan be a clean, renewable and sustainable Hydrogen Highway, and recommends that the State Legislature draft and enact legislation accelerating the use of clean/sustainable and renewable hydrogen by requiring that at least 80% of the hydrogen be produced through clean, renewable and sustainable energy sources such as solar, wind, wave, geothermal, etc. in order to drastically reduce green house gas emissions and replace fossil fuels; and

    BE IT FURTHER RESOLVED that copies of this Resolution be submitted to the Senate President pro Temp, the Speaker of the Assembly and the Chairs of the appropriate policy and fiscal legislative committees.

    Submitted by Paul Staples and Dr. Woodrow Clark II (310-666-3937)



    Resolution 06-04-28-5
    Resolution in Support of Urban Environmental Accords

    Whereas today for the first time in history, the majority of the planet's population lives in cities; and that this continued urbanization will result in one million people moving to cities each week, thus creating a new set of environmental challenges and opportunities; and,

    Whereas on June 5th 2005 at World Earth Day in San Francisco, sponsored by the United Nations Environmental Program a set of 21 accords known as the Urban Environmental Accords were created and signed by over 50 mayors around the world; and,

    Whereas cities have a unique opportunity to provide leadership to develop truly sustainable urban centers based on culturally and economically appropriate local actions exemplifying strategic policies outlined in the Urban Environmental Accords in 7 areas such as waste reduction, urban design and environmental health; now, therefore,

    Be It Resolved that the Environmental Caucus of the California Democratic Party supports the Urban Environmental Accords, with the aim of a clean, healthy, and safe environment for all members of our society, and encourages all California mayors to join the growing number of mayors signing the Accords as a sign of their commitment to sustainable urban planning.

    Submitted by Barbara Graves, Secretary