9

Buchanan & DeSaulnier battle over license plates

Their East Bay Districts overlap, but Assemblywoman Joan Buchanan and state Sen. Mark DeSaulnier certainly weren’t seeing eye to eye at Monday’s Assembly Transportation Committee hearing.

DeSaulnier, D-Concord, was there to speak on behalf of his SB544, which would require the California Department of Education to apply to the Department of Motor Vehicles for creation of a specialized license plate program to generate funds for school violence prevention programs.

DeSaulnierThe problem is, DeSaulnier – who chairs the Senate Transportation Committee – earlier this year helped push through a resolution, SR28, that puts a moratorium on new license plate types until a task force made up of California Highway Patrol, DMV and local police can issue a report by July 2015 “on license plate designs appropriate for traffic safety and effective law enforcement in today’s environment.”

And that resolution essentially put the kibosh on Buchanan’s AB49, which would require the Department of Health Care Services to apply to DMV for a special license plate promoting breast cancer awareness – what supporters call the “pink plate” bill. AB49 now languishes in the Senate Rules Committee.

“Could you please explain to me why you should not have to follow the same rules as everyone else, and why this plate and any other should not be subject to the pending results of the study?” Buchanan, D-Alamo, asked DeSaulnier on Monday. “Because it seems to me that when we write a bill that kills one, it should apply to everybody, especially the author of that resolution.”

The difference, DeSaulnier replied, is that “the full-plate pink plate had a problem, in my conversations with the CHP” – police were concerned that the fully colored plate might be hard to distinguish from other states’ plates, especially under twilight conditions. His school-violence prevention plate, he said, merely has a logo on one side, not a fully different color.

But Buchanan insists SR28 applies to all specialty license plates. And “if we’re going to pass a resolution that clearly states it applies to all specialty plate types… we should be applying that equally to all license plates and not making special carve-outs,” she said.

Replied DeSaulnier: “If someone comes together with a plate that complies with our rules then it will get out of our committee.”

“Right now, my opinion is, your plate does not,” he told Buchanan. “In my discussions with CHP, they had some questions, so that’s why we’re doing the study. … My whole difficulty with your plate was whether public safety could see or not.”

Buchanan held her ground. “I believe for us to approve a bill that’s in conflict with an existing senate resolution that came out of the senate transportation department is not responsible,” she said. “I think that if they want to change it, it should be changed first.”

The Assembly Transportation committee voted 10-3 to advance DeSaulnier’s bill, which is now pending before the Assembly Education Committee.

The California Channel has video of the exchange here (starting at the 50-minute mark).

29

SD10: Hayashi launches ‘FrackBob.com’ site

Democratic former assemblywoman Mary Hayashi of Hayward has launched another website against her main rival for the 10th State Senate District seat, Assemblyman Bob Wieckowski, D-Fremont.

The new “FrackBob.com” site calls attention to Wieckowski’s opposition to a moratorium on fracking, or hydraulic fracturing – the use of pressurized water to break rock formations and free the oil or gas within.

It goes hand-in-hand with a mailer that landed in district voters’ mailboxes this week, and coincides with the failure of a state Senate bill that would’ve imposed just such a moratorium.

Hayashi fracking mailer_1

Hayashi fracking mailer_2

Hayashi’s website features an embedded, brief video clip of Wieckowski, at the Bay Area News Group’s editorial board meeting, saying he doesn’t support a moratorium. But here’s Wieckowski’s full answer to the question:

“I do not support the ban on fracking. As everyone knows, I introduced the first bill to bring transparency to the issue of what was going on with fracking. I spent three years of my life working on two bills that were defeated by a combination of the oil companies and the environmentalists.

“And what we have now as a result of that work, we have regulations that were promulgated that will provide for pre-notification to landowners, disclosure of how much water is being used, disclosure of where the water is going, monitoring of the wellheads after, a website that goes up, complete disclosure of the chemicals that are used in the frack, and also – if you claim ‘trade secret’ – we created a private right of action for any citizen that would be affected by that, if the executive director of DOGGR [Division of Oil, Gas and Geothermal Resources] did not challenge the trade secret claim.

“Those are the regulations. That brings transparency so we know what is going on. I’m proud of that.”

Hayashi’s website and mailer say Wieckowski “supports fracking in the Bay Area.” I don’t see that he ever has said anything about this specific region, so I assume Hayashi is concluding that if he doesn’t support a fracking moratorium, he by extension must support fracking anywhere.

“The reality is, there is no oil in the Bay Area, so fracking in the Bay Area would not be happening,” Wieckowski campaign consultant Lisa Tucker said Thursday, adding that California now has the “toughest disclosure law in the country” as a result of Wieckowski’s earlier legislation. “Like all of their communications against Bob, it’s disingenuous and it’s just part of the story.”

The website also features a sound file of a robocall from “Theresa, a longtime Sierra Club member and a lifetime environmentalist” who criticizes Wieckowski’s position. Michelle Myers, director of the club’s Bay Area chapter, said Thursday she has heard from some members who were confused by or concerned about the call.

“We did not make an endorsement in that race,” Myers said, describing the caller’s self-identification “a tactic used by the campaign to identify themselves with the Sierra Club brand, and that is not appropriate.”

At least this website and mailer deal with a real issue on which the candidates have a real difference of opinion. Most of the nasty mailers, ads and websites in this race have either been about Hayashi’s 2012 shoplifting conviction, for which she remains on probation, or Hayashi’s claim that Wieckowski “protected rapists” by voting against a certain bill in committee in 2012, even though he later voted for an amended version on the Assembly floor.

2

Steyer urges Brown to convene energy summit

San Francisco billionaire Tom Steyer has written a letter urging Gov. Jerry Brown to convene a “California Energy Summit” with the oil industry, clean energy companies, environmentalists and citizens to discuss things like a halt to fracking and levying an oil extraction tax.

The governor won’t commit.

“We haven’t received the letter yet, but the governor regularly speaks with Tom on climate change issues, as he does with a diverse group of academic, industry and environmental leaders,” Brown spokesman Evan Westrup said Thursday. “We look forward to continuing those discussions.”

Steyer – a former hedge-fund manager who has created NextGen Climate as a vehicle to influence the climate-change debate – wrote to Brown on Wednesday citing the U.S. Energy Information Administration’s 96-percent downgrade in its estimate of how much oil current technology can recover from the Monterey Shale.

“In a single but far-reaching action, the federal government has completely dispelled the economic illusion hanging over the ongoing debate over new oil exploration and extraction in the State of California,” Steyer wrote. “With this new report, the Monterey Shale mirage is gone. Now, it is time to hit the reset button, call Big Oil’s bluff and force them to the table in an effort to finally give Californians a Fair Shake.”

Steyer wrote that he knows Brown has “long acknowledged that climate change is a real threat to California and our world. As recently as this week, you rightfully stated that California is ‘the epicenter of climate change.’”

“California deserves a Fair Shake for our climate, for our economy and for our families,” he wrote. “Our state currently gives Big Oil a unique $2 billion tax subsidy that no other state in the country offers. This must stop.”

Steyer is championing a movement to enact an oil extraction tax; California is the nation’s only oil-producing state that doesn’t charge such a tax.

“And local California communities deserve a guarantee that Big Oil cannot rush to extract oil through fracking or other experimental drilling methods until oil companies have proved, beyond a reasonable doubt, that they have the toughest, safest and most rigorous safeguards in place to ensure that California’s local communities don’t suffer for the sake of Big Oil’s bottom line,” Steyer wrote.

Brown in May 2013 said “the fossil fuel deposits in California are incredible, the potential is extraordinary.” Environmental groups urged Brown to support a fracking moratorium, but the governor resisted. In September, he signed a law creating new fracking regulations, including a permitting process, notification of neighbors, public disclosure of chemicals used and groundwater- and air-quality monitoring.

State Sen. Holly Mitchell, D-Los Angeles, is carrying a moratorium bill now, but the Senate Appropriations Committee voted unanimously Monday to put SB 1132 into the suspense file – essentially putting it on indefinite hold. Mitchell issued a statement Thursday morning saying the new EIA report means “there’s no ocean of black gold that fracking is going to release tomorrow, leaving California awash in profits and jobs. We have the time, the need and, in SB 1132, the mandate to halt fracking while we determine if and how it can be done safely in California. Let’s pass the bill and halt fracking until due diligence can assure us it won’t put workers and residents in danger.”

Steyer concluded his letter to Brown by arguing the new facts “present an opportunity to hold an honest conversation about climate change and oil extraction in California.”

“Now is the time to act, and I urge you to convene stakeholders—from the oil industry and the clean energy, environmental and scientific communities, as well as local citizens — for an historic California Energy Summit to make sure that California gets a Fair Shake,” he wrote.

1

Lawmakers urge Jerry Brown to halt all fracking

Nine state lawmakers, including a few from the Bay Area, have signed a letter urging Gov. Jerry Brown to impose a moratorium on hydraulic fracturing to obtain oil and gas, the process commonly called “fracking.”

Marc Levine“The risks are simply too great to allow fracking to continue,” Assemblyman Marc Levine, who authored the letter, told reporters on a conference call this morning.

The technique demonstrably hurts air and water quality, might influence seismic activity, and furthers a dependence on fossil fuel that contributes to climate change, said Levine, D-San Rafael, and so it must be suspended “until we have all the data to address the immediate and long-term dangers.”

Signing Levine’s letter were Assemblymembers Das Williams, D-Santa Barbara; Richard Bloom, D-Santa Monica; Adrin Nazarian, D-Van Nuys; Bonnie Lowenthal, D-Long Beach; and Phil Ting, D-San Francisco, as well as state Senators Noreen Evans, D-Santa Rosa; Lois Wolk, D-Vacaville; and Loni Hancock, D-Berkeley.

Levine, who announced the letter in November, teamed up with CREDO, an activist group which had thousands of members sign petitions and make phone calls urging their lawmakers to sign the letter. Levine and CREDO delivered the letter and held their news conference during this final week of a public comment period on Brown’s proposed fracking regulations, which they say would allow a massive expansion of fracking in California.

CREDO campaign manager Zack Malitz called fracking “one of the greatest environmental struggles to face Califonians in a generation,” and said Brown has proposed “dangerously weak regulations that would only encourage more fracking” despite “massive public opposition.”

“His legacy as an environmental leader is on the line,” Malitz said. “Californians will hold him responsible for putting oil-industry profits ahead of our health and the climate.”

Several bills proposing a moratorium on fracking failed to get enough votes to advance in the Legislature last year. The Legislature did pass SB 4 by state Sen. Fran Pavley, D-Calabassas, which Brown signed into law in September; that bill requires oil companies to go through a permit process, disclose chemical uses, do groundwater tests and send notices to neighboring landowners about their intent to drill.

Brown generally has pursued energy policy that supports increased oil production while expanding California’s goal of producing at least a third of its electricity from renewable sources (such as wind or solar energy) by 2020.

UPDATE @ 12:32 P.M.: This just in from Evan Westrup, Brown’s spokesman: “After extensive debate, the Legislature – including the authors of this letter – voted to enact SB 4, which became effective just days ago. Pursuant to this bill, the regulatory process has begun and we encourage these legislators and other interested citizens to actively participate.”

4

Dianne Feinstein supports fracking regulation bill

U.S. Sen. Dianne Feinstein on Wednesday endorsed a controversial state bill that would regulate but allow “fracking” and another new means of extracting oil and gas.

“The discovery that fracking and acidization of oil and gas formations could produce approximately 23.9 billion barrels of petroleum in the continental United States — 64 percent of which is estimated to lie within the Monterey Shale formation underlying portions of Central and Southern California — points to the need for action to ensure protection of the state’s natural resources,” said Feinstein, D-Calif.

SB 4 by state Sen. Fran Pavley, D-Calabasas, would require the state Secretary of Natural Resources to work with state and regional water boards and the state air board to create regulations governing “well stimulation” treatments, which includes hydraulic fracturing – commonly known as “fracking” – and acidization.

The bill also would require permits for all well-stimulation treatments, disclosure of the fluids used in such procedures, advance notification of neighbors near where such methods will be used, and more.

Opponents of the bill say the only way to protect California from fracking’s environmental threats is to halt it entirely with a moratorium. SB 4 now awaits an Assembly floor vote.

“I strongly support Senator Pavley’s legislation and urge the legislature to pass the bill and Governor Brown to sign it,” Feinstein said. “Unless the potential dangers of fracking are addressed, we face the possibility of catastrophic consequences to the state’s environment and precious groundwater.”

5

Fracking battle heats up for session’s final weeks

The debate over fracking is reaching a fever pitch in Sacramento, as activists urge a moratorium in the final weeks of this legislative session.

A coalition of more than 100 environmental, health and liberal groups on Wednesday released an open letter urging Gov. Jerry Brown to impose such a ban and blasting SB 4, a pending bill that would allow some fracking to go forward.

“This is a do-or-die moment in the fight against fracking in California,” CREDO political director Becky Bond said in a conference call with reporters, adding that although state Sen. Fran Pavley – SB 4’s author – has been a reliable ally to environmentalists in the past, “it’s appalling that this bill is the best the Legislature has to offer Californians.”

“We know that there’s no safe way to frack,” she said. “Anything less than a moratorium is reckless and unacceptable.”

But the only moratorium bill that has made it to a floor vote this year – AB 1323 by Assemblywoman Holly Mitchell, D-Culver City – was defeated in a 24-37 Assembly vote in May.

California must act now, Pavley said by email later Wednesday.

“Companies are fracking and acidizing wells in California now, and we can’t afford to wait for another attempt at a moratorium to take action,” she said. “Strict regulations are our best tool right now to protect the public and the environment and hold the industry and regulators accountable.”

Pavley’s bill would establish a regulatory program for hydraulic fracturing and acid-injection methods of extracting oil and gas, including a study, development of regulations, a permitting process, and public notification and disclosure.

click to enlarge

click to enlarge

Yet opponents say SB 4 “does nothing to make fracking any less dangerous,” per Adam Scow, California campaigns director for Food & Water Watch.

Victoria Kaplan, a campaign director with MoveOn.org, told reporters that public opinion against fracking is building steadily in California. “The more people learn about fracking, the more they hate it – that’s what we’re seeing this summer.”

Kassie Siegel, director of the Center for Biological Diversity’s Climate Law Institute, said fracking not only “endangers the air we breathe and the water we drink,” but also would set back California’s efforts to roll back climate change. Not only does the fracking process release methane – a potent greenhouse gas – but burning the oil that it produces from the Monterey Shale will generate more than 6.5 billion tons of carbon dioxide, she said.

SB 4 is now pending in the Assembly Appropriations Committee. Activists plan to deliver more than 9,000 petition signatures Thursday to committee chairman Mike Gatto’s and Assembly Speaker John Pérez‘s offices, urging them to add an immediate moratorium on fracking to SB 4.

This is only the latest such petition: MoveOn.org says more than 120,000 people have signed various petitions to ban fracking in California.