Sit-Down Strike For Pollution

Gas station owners in California have had FOUR YEARS to change over their pumps to comply with a new state law controlling toxic vapor emissions that leak from car fueling. They waited and waited and found themselves, at the last minute, staring into a deep recession without the ability to get credit to pay for the new capital expense. So they've done the sensible move by engaging in civil disobedience.

James Hosmanek, an ex-Marine, has operated his San Bernardino Chevron station for 21 years, patiently installing equipment to control gasoline emissions, even as the region's air grew smoggier.

Now he says he can't, and won't, obey the latest mandate: a state order to buy sophisticated nozzles and hoses to capture more of the vapors that cause respiratory disease and cancer. "It may be necessary to protect public health," he says. "But it's unaffordable."

I find it hard to weep for these owners who knew exactly when this deadline was coming for years and failed to make the necessary investment. But Arnold Schwarzenegger, of course, feels their pain. The so-called "green governor" wants the legislature to delay implementation of the rules.

Gov. Arnold Schwarzenegger wants California's air-pollution fighters to delay a new rule that requires thousands of gas stations to beef up their pump nozzles so that less fuel vapor escapes into the atmosphere when drivers fill their tanks. The governor also asked the Legislature for a "one-year enforcement holiday" for the stations.

The new rule, scheduled to take effect Wednesday, requires the nozzles to block 98 percent of fuel vapor, up from the current regulation of 95 percent.

But the Republican governor late Friday asked Air Resources Board Chairwoman Mary Nichols - an appointee of the governor -- to postpone the regulation by six months or a year because "significantly more time is needed before it can be successfully enforced without significant negative effects on our state economy."

Contrary to what the article says, the Governor has engaged in slow-walking and blocking environmental legislation for years, as long as the Chamber of Commerce calls for it. He forced the last Air Resources Board Chairman to resign due to meddling in the agency's affairs. And in February, he rammed into the budget a provision allowing construction firms to delay a changeover from diesel bulldozers into more energy-efficient equipment. He has always been terrible on the environment, and nobody should let the greenwashing fool them.

Meanwhile, Dave Cox (Yacht Party - Fair Oaks) seems to be taking the sober tack:

In the Legislature, Assemblyman Martin Garrick (R-Solana Beach) and Sen. Dave Cox (R-Fair Oaks) are leading the charge to delay enforcement. On Monday, Cox called for the resignation of state Air Resources Board Chairwoman Mary D. Nichols for being "recalcitrant" in refusing Schwarzenegger's request for a delay.

Mary Nichols should definitely resign for having the temerity to schedule a deadline four years in advance when she knew full well there would be a recession, thanks to her time machine.

Asm. Ira Ruskin (D-Redwood City) is carrying a bill that would offer $8 million dollars in grants to gas station owners who have not ordered the new equipment. That's kind of pitiful, but Californians could at least breathe a sigh of relief. And when I say that, I mean they could breathe.

KQED Radio has more.

California Leads On Climate Change

Yesterday's adoption by the California Air Resources Board of a comprehensive plan to reduce greenhouse gas emissions is really worthy of praise. Ignoring the bleatings of neo-Hooverists and apologists for polluters who insist that concern for the environment is a "job-killer," the board, led by Mary Nichols, put forward 31 rules designed to cut carbon emissions to 1990 levels by 2020. This will force innovation and provide a boost to the economy and the burgeoning industry of green technology, as the Governor noted in his remarks.

The Modesto Bee has a look at some of the plans.

INDUSTRY:
• Impose an emissions cap on utilities, refineries and other large industrial sources of greenhouse gases.
• Allow those large polluters to gradually lower emissions by participating in a cap-and-trade market.

TRANSPORTATION:
• Put into effect a 2002 California law requiring automakes to produce cleaner vehicles. The Bush administration has blocked the law, but state regulators expect President-elect Barack Obama's administration will back it.
• Require fuel companies to reformulate fuels so they are a combined 10 percent less carbon-intensive by 2020.
• Give local governments incentives to curb urban sprawl and reduce how far people drive to work or school.
• Require cargo and cruise ships to turn off their engines while docked.

ENERGY:
• Require utilities to generate one-third of their electricity from renewable sources such as wind, solar and geothermal by 2020.
• Strengthen energy-efficiency standards for appliances, as well as for existing and new buildings.

The fact that a renewable standard, cap and trade, green building, smart growth and development, energy efficiency and clean fuels are all combined into this large agreement is very hopeful. While the political sector is a mess, this is truly one area where California can become a model for the nation. And while there will be up-front costs, those can be mitigated by expected federal attention to renewable energy and green jobs, which could allow consumers to be eligible for federal tax incentives to implement these ideas. What's more, as Nichols argued, this is a big-picture savings over the long term.

But Air Resource Board chairwoman Mary Nichols said California's plan would save its residents and businesses money in the long run.

"We believe that California, again and again, has pushed for higher levels of efficiency in our electric sector, our buildings and appliances, and time after time it turns out efficiency measures have not only saved us money but leaped our economy ahead," Nichols said after the vote.

A board report found that the average household would save $400 a year by driving more fuel-efficient vehicles and living in more energy-efficient homes. And already, private investors have given more than $2.5 billion this year to new companies that have sprung up in California, in part to respond to the state's environmental goals, said Bob Epstein, co-founder of Environmental Entrepreneurs.

"Our president-elect has called for stimulating our economy," said Bill Mcgavern, director of California's Sierra Club. "I think he and the Congress will be looking to the state of California, and these measures can serve as a model for the rest of the country."

This is one area where we can be proud to be Californians. The SacBee has more.

The CA Legislature Must Keep The Pressure On

Frank Russo predictably delivered with great coverage of yesterday's Assembly Natural Resources Committee hearing into political pressure from the Governor's Office on the California Air Resources Board. Just keep scrolling. The most shocking piece of news that Russo highlights, which was also in a couple news articles on the subject, was that the Administration flack sent to give the Governor's side of the story, Dan Skopec, ISN'T EVEN PART OF THE ADMINISTRATION ANYMORE.

Skopec no longer works for the Schwarzenegger Administration as of a week ago, and has started his own firm, "Climate & Energy Consulting" on Sacramento's K Street Mall, to serve clients he described as "emerging technologies companies that will take advantage of the changes in energy that will result from climate policies." Despite repeated questions from committee members, he refused to reveal who in the Administration had asked him to testify, who he had spoken to about the hearing, who had prepped him, and what he was told. Although he repeatedly testified about actions of the Schwarzenegger Administration using the word "we", he later apologized for the use of that word which he is accustomed to use. He later admitted that he was not speaking for the Schwarzenegger Administration, but was basically there as a private citizen.

They sent a lobbyist to defend the Governor. The hay that can be made from that decision is pretty clear. And this part could be even more damning:

Dr. Sawyer (the former CARB chief), in his testimony, complimented Catherine Witherspoon for resigning from her position as the Executive Officer of CARB since she serves in that position at the pleasure of the board itself. Despite the desire of Susan Kennedy, Schwarzenegger's Chief of Staff, to have her fired, this could not be accomplished directly by the Governor. Sawyer said he had been ordered to place this on the agenda and met with a subcommittee of the board only to find out that there was a consensus of fellow board members not to do so. It was feared that had Witherspoon remained in the position that individual board members would be removed until there was a majority willing to fire her.

Does this remind one of the Saturday massacre involving U.S. Attorney General Elliott Richardson and Archibald Cox during the Watergate scandal of the Nixon Administration?

Schwarzenegger is taking a beating in both the local and national press, as well he should. This reflects nothing more than an abuse of power.

I would like everyone reading this who lives in California to call their Assemblymember. They need to know that they will be supported in this effort to rein in the Schwarzenegger Administration and ensure that oversight is undertaken and the laws of the state are met. That includes subpoenas for top Schwarzenegger Administration officials if need be. The Senate also needs to hear from you; they will be meeting next week in the Rules Committee to confirm the new chair of the Board, Mary Nichols. That needs to be a legitimate confirmation hearing with tough questions about Nichols' independence and how she will implement the Global Warmings Solution Act. This is not a small issue; as I write, I'm watching the Live Earth concerts and seeing millions of people begging for action on climate change. Now, here we have one of the only legitimate pieces of legislation in this country addressing the issue, and it's being undermined by a Governor who wants to talk big on the environment while supporting his corporate buddies behind the scenes.

These are the Democrats on the Natural Resources Committee, who are particularly important.

Loni Hancock - Chair
Dem-14 (916) 319-2014 Assemblymember.hancock@assembly.ca.gov
Julia Brownley
Dem-41 (916) 319-2041 Assemblymember.Brownley@assembly.ca.gov
Felipe Fuentes
Dem-39 (916) 319-2039 Assemblymember.fuentes@assembly.ca.gov
John Laird
Dem-27 (916) 319-2027 Assemblymember.laird@assembly.ca.gov
Lori Saldaña
Dem-76 (916) 319-2076 Assemblymember.Saldana@assembly.ca.gov

Here are the points of contact for the Senate Rules Committee:

Senator Don Perata (Chair)
Senator.Perata@sen.ca.gov
(510) 286-1333.
Senator Gilbert Cedillo
contact
Senator Alex Padilla
(818) 901-5588
contact

It helps, of course, if you are a constituent (Asm. Brownley will be getting plenty of calls from me). But even if you're not, this is an important enough issue, one that speaks to the very structure of democracy in this state, that you should make a call. And ALL of your representatives ought to know that you're paying close attention to this issue and that you want results which are consistent with the law and the need to take a real and not a symbolic step in the fight against global warming.

CARBgate Hearing - Republicans chicken out, Democrats hold firm

The first couple reports about today's Assembly Natural Resources Committee hearing into the politicization of the California Air Resources Board are starting to dribble out. The SacBee described a set of angry lawmakers sking pointed questions and threatening that their probe into how the Governor is trying to manipulate the board into adopting his favored implementation of anti-global warming laws would continue.

Assembly Democrats said Friday they will continue investigating whether Gov. Arnold Schwarzenegger exerted "illegal and improper pressure" on the California Air Resources Board after they were dissatisfied with answers given by two lower-level representatives of the governor at a Capitol hearing.

The higher-ups sought for questioning, Chief of Staff Susan Kennedy and Cabinet Secretary Dan Dunmoyer, did not arrive, even though handy seat cards were placed at the table awaiting their presence. Dan Skopec, the functionary who the Schwarzenegger Administration sent to testify, apparently grumbled and gainsayed his way through the hearing, much to the dismay of committee Democrats. Matt Jones at CMR writes:

Skopec, who, in a former life, carried the water of Rep. Doug Ose (the former Sacramento area Congressman who defended the energy generators), was a disaster. He called the testimony of CARB officials "fiction," and then refused to answer committee questions about the Governor's staff review of his testimony. He also provoked the committee by calling the hearing political theater -- not a wise move for someone who later said he may soon be a lobbyist before the legislature.

Skopec's comments drew scorn from Assemblymember Jared Huffman of Marin County, who compared the Schwarzenegger Administration's micromanagement of the Air Board to Karl Rove in the White House. LA Assemblymember Mike Feuer also lit into Skopec for failing to fully answer questions. Other members of the panel -- including Santa Barbara Assemblymember Pedro Nava, Sacramento's Dave Jones, and Mark DeSaulnier of Contra Costa County -- also asked pointed questions and drew incomplete answers from the Administration officials.

Jones also mentioned that not one Republican on the committee even bothered to show up at the hearing. They want no part of this controversy, probably because they don't believe in such a thing as global warming to begin with.

The testimony of the two former members of the Air Resources Board, Robert Sawyer and Catherine Witherspoon, seemed to me to be fairly damaging.

Schwarzenegger fired Sawyer last month, and Witherspoon resigned Monday because she said the Governor's Office had tried to control the air board to the benefit of polluters. In particular, Witherspoon said Schwarzenegger deputy chief of staff Dan Dunmoyer had routinely called her to question whether ARB policies would unduly hurt businesses in California.

Sawyer said the governor's office has undermined the traditional independence of the air board, which has the reputation of being an apolitical, science-based body.

"The governor's staff has the task of conveying policy directions from the governor to the Air Resources Board," Sawyer said. "However, Gov. Schwarzenegger, your staff has interjected itself in a manner that has compromised the independence and integrity of the board."

You know, it doesn't matter whether or not legislators want the Governor's support on healthcare reform, or the term limits initiative. This cuts to the very heart of how the branches of government in California function. The Assembly is standing up right now, so far, because they feel the presence would have no meaning if they pass laws that the Governor then can simply circumnavigate to arrive at his preferred solution. In addition, the Assembly is not being permitted to conduct oversight with the actual executive staff involved in the incident. If Dan Dunmoyer was calling CARB members and pressuring them to back off tough regulatory stances, then he must be brought before the committee to answer for that. It's quite simple.

As for next steps, Loni Hancock, who's an excellent progressive voice in the Assembly, is mulling over a variety of options.

Afterward, Assemblywoman Loni Hancock, D-Berkeley, the committee chair, left open the possibility of seeking a subpoena of Kennedy and Dunmoyer to force them to answer committee questions. She also said lawmakers may pursue bills that enable air board appointees to serve for fixed terms rather than at the pleasure of the governor, giving board members more independence. Another possibility is to give state lawmakers appointment powers.

I don't see how the Governor would sign bills taking away his authority, so to me, the subpoena route seems the only one that's viable. Democrats are also starting to fight this one in the court of public opinion, which to someone like the ego-driven Schwarzenegger is the only court that matters.

This should get very, very interesting. Stay tuned...

CARBgate Update: Schwarzenegger Taking A Hit Nationally

I wouldn't have expected the national media to pick up on the story of the Governor's actions not matching his rhetoric when it comes to the environment, but the New York Times actually found some room for it in today's paper.  They even highlight the governing-by-magazine-cover that has become a staple of this Administration.

In September, Mr. Schwarzenegger, a Republican, signed into law a landmark emissions-reduction measure and then drove a green bus during his easy, breezy re-election campaign. Since then, he has announced that he will buy offsets for his own personal carbon emissions, threatened to sue the Environmental Protection Agency over air quality and appeared on the cover of Newsweek spinning a globe on his finger [...]

But the Governator’s eco-friendly reputation may have taken a dent over the last week in a messy battle over the leadership of the California Air Resources Board, a science-geared agency that has traditionally operated with considerable autonomy, even though its 11 members are political appointees. Its most visible mandate is the nuts and bolts of putting the emissions law, known as AB 32, into effect [...]

“We have schizophrenia here,” said James Marston, a lobbyist for Environmental Defense who worked on passing the emissions law. “Even while we were doing AB 32, the Schwarzenegger administration was a little schizophrenic." [...]

“There’s an obvious difference to what he’s been saying and what his administration and other appointees have been doing,” said Don Perata, a Democrat who is president pro tempore of the State Senate. “There’s some real knuckle draggers over there.”

The replacement of the fired Robert Sawyer on the board with environmental stalwart Mary Nichols certainly reflects an effort by the Governor to stop the bleeding.  But the Democrats in the Assembly are holding a hearing on the Sawyer and Catherine Witherspoon resignations today, and when our man in Sacramento Frank Russo has any information we'll bring it to you. 

Meanwhile, two top aides to Schwarzenegger, Chief of Staff Susan Kennedy and Cabinet Secretary Dan Dunmoyer, were asked to testify in the hearing, and the Governor refused their participation.  So committee Chair Loni Hancock is talking about subpoenas:

Assembly Democrats said they may need to subpoena two of Gov. Arnold Schwarzenegger's aides, who are expected to rebuff an invitation to testify at an oversight hearing today on why two officials were forced from the state's air resources board.

Berkeley Assemblywoman Loni Hancock sent letters to Schwarzenegger's chief of staff, Susan Kennedy, and Cabinet Secretary Dan Dunmoyer, asking them to testify at the Natural Resources hearing she heads. Her committee is looking into accusations that the administration interfered with the board's implementation of AB 32, the landmark law to curb greenhouse gases by 25 percent by 2020.

"If we don't get the answers we hope and expect, the committee will explore the option of a subpoena," said Steve Maviglio, deputy chief of staff for Assembly Speaker Fabian Nunez, D-Los Angeles.

Schwarzenegger's aides had not replied to Hancock by Thursday, though a spokesman said they will send a representative of the administration to the hearing but not the two staff members.

Dan Walters thinks that this could be some kabuki theater, which would be interesting, because clearly there is a real conflict over implementation of the landmark Global Warming Solutions Act, and clearly neither side wants to give an inch.  The Governor has the upper hand because the Air Resources Board, which is tasked with implementation, is entirely appointed by him.  But the Legislature can undertake meaningful oversight like they are today, and use Schwarzenegger's fascination with his own self-image as a lever to get the required solution.  This bit, incidentally, from Walters' story, was remarkably reminiscent of another chief executive:

Núñez [...] said he had wanted Kennedy and Dunmoyer to appear before the Assembly Natural Resources Committee today -- asking first orally and then, late Tuesday, in the form of letters to the two gubernatorial aides. [...]

Later, Schwarzenegger's press secretary, Aaron McLear, said such an appearance "would be unprecedented," which doesn't square with the historical facts. Kennedy, who was then a high-ranking aide to Schwarzenegger's predecessor, Democrat Gray Davis, testified before a legislative committee delving into a scandal involving a software contract with Oracle Corp. five years ago. In fact, the circumstances were somewhat similar, with critics alleging that Kennedy had interceded with a state agency for political reasons.

A press flack calling appearances before legislative committees "unprecedented" when the same person sought to testify has HERSELF appeared in the past?  Knock me over with a feather.

Schwarzenegger Finds Someone New To Pester on the CARB Board

Mary Nichols, the former chair of the California Air Resources Board under Pat Jerry Brown, was named today to be the new head of the board tasked with implementing the landmark global warming legislation passed last year. She was a cabinet secretary under Gray Davis and served in the Clinton Adminstration working on the environment. The early accounts are glowing, particularly from her predecessor.

...the appointment of Nichols, one of the state's first environmental attorneys, is likely to blunt complaints from administration critics that Schwarzenegger's actions on the environment are not living up to his bold promises.

"She's superb, and she will be an independent person," Sawyer said. "I've known Mary for a long time, we've served together on the air board, and I would find it hard to think of a better person."

He said under Nichols' previous tenure as air board chair, historic regulations were implemented on unleaded gasoline, catalytic converters and other regulations that helped cement the board's reputation as the world's most innovative and toughest air pollution agency.

"She's a lawyer and she knows the Clean Air Act probably as well as anybody in the state," he said.

I was all set for an industry lobbyist or something to be installed, but Schwarzenegger does seem to know that his brand is being threatened with the appearance of meddling into AB 32. Mary Nichols sounds like an excellent appointment. But this will not stop Friday's hearing, and it will not stop the demands for accountability on the Governor's attempts to subvert a law he signed.

...I should also mention that without the outcry over the other resignations on the board, there is no way Arnold would have replaced them with anyone nearly as qualified. Fighting back actually can work.

UPDATE: The Flash Report is whining.