All posts by Brian Leubitz

Senate Dems Introduce Gun Legislation

Senate Democrats had been promising to outline a broad package of gun control legislation, and today they announced the full slate. In a press conference with leaders from across the state, including Mayors Lee and Villaraigosa, police chiefs and gun control activists, they announced the cornerstones of their work on the issue this year. Some of these already have numbers, others are still waiting to be filed.

1. Require Hand Gun Safety Certificate and Eliminate 30 Day Loan Requirement. (Marty Block, D-San Diego)

2. Clarifying that revolving shotguns are banned under California’s Assault Weapons ban. (Hannah-Beth Jackson, D-Santa Barbara)

3. Prohibit the possession of large capacity ammunition magazines. (Loni Hancock, D-Berkeley)

4. Allow the Department of Justice to use existing Department resources to provide enhanced enforcement of the Armed Prohibited Persons System (APPS). (Leno/Steinberg)

5. Ban criminals and other dangerous persons from purchasing ammunition. (Kevin De Leon – D-LA)

6. Clarify “Bullet button” assault rifles are included in assault rifle ban. (Leland Yee, D-SF)

7. Ban semi-automatic rifles that can accept detachable magazines. (Darrell Steinberg, D-Sacramento)

While Democrats may lose a vote or two in either chamber, the big majorities mean that most of these will pass in some shape or form this session.  They may be tweaked, but some large package will surely be signed into law by Gov. Brown for next year.

This list, while impressive, emphasizes the need for federal gun control legislation. We must do this together, as a nation, in a process that works to include as many as possible in the discussion. California is one piece in that discussion.

Labor Teams Up with Environmentalists on “CEQAWorks”

CEQAWorks photo CEQAWorks_zpsc16b2c06.pngAlliance will defend landmark California Environmental Quality Act

by Brian Leubitz

There is a lot of discussion going on around how CEQA will be reformed in this legislative session. Gov. Brown has called for major changes in the legislation, and it has been weakened by a series of one-off exemptions for major projects passed through the legislature.  However, a new organization, CEQAWorks, has been formed to maintain the integrity of CEQA’s mission to protect California’s environment and natural resources.

Take a look at the “Who We Are” page on their website and you see quite the interesting mix. Sierra Club California and the State Building Trades Council. California Trout and UFCW Western States Council. It’s an interesting list, and a coalition that should carry considerable weight in the process.

The group claims a number of goals for any proposed reforms:

We are committed to positive updates to the California Environmental Quality Act that maintain its core principles:

Transparency CEQA must continue to require public disclosure of the project, its potential environmental impacts and consideration of reasonable alternatives.

Mitigation CEQA must continue to require mitigation of all significant effects on the environment to the extent feasible.

Comprehensive protection. CEQA must apply to all significant impacts on the environment, including cumulative impacts, and provide a safety net to cover holes in the existing regulatory structure.

Public participation CEQA must continue to require public participation in the review of environmental issues, including requiring a written response to public comments.

Community enforcement CEQA must continue to provide the public with the right to sue to enforce its protections, a key tool to protect communities, particularly those in disadvantaged areas.

CEQA has gotten a lot of bad press over the last few years, especially with regards to transit and affordable housing projects. And certainly there are cases of abuse. However, CEQAWorks puts the issue in context:

But environmentalists argue that claims of delays are exaggerated. Less than 1% of all projects in the state face CEQA lawsuits, according to the Public Policy Institute of California.

Nevertheless, Reznik said the new group will offer its own proposals to update CEQA, including increased electronic record-keeping. “I think there is a recognition that things can be improved in CEQA,” he said. “We’re not just the group of no.” (LATimes)

Given the increasingly likely odds of some changes to CEQA, engagement by a broad swath of organizations like this one, could bode well for a more open process.

First of the Dark Money Donors Becomes Clear

Money laundered from engineering trade group to a campaign against Prop 30 and for Prop 32

by Brian Leubitz

This was bound to happen at some point, the first of the donors to the so-called “Small Business Action Committee” that supported Prop 32 and opposed Prop 30 has been outed by reports.

An engineering trade organization that advocates for privatizing government work has been tied to the group behind the $11 million dark money donation that prompted a legal showdown in California last fall.

The $400,000 that can now be traced back to a group called the American Council of Engineering Companies in California (ACEC-CA) may not be the biggest of disclosures, but when it comes to dark money in politics, any transparency at all is a revelation.

Campaign finance reports released last week in California show that the Sacramento, Calif.-based ACEC-CA wrote two checks to the conservative group Americans for Job Security in 2012, one in July for $150,000 and one in September for $250,000, which were described in disclosures to California’s Secretary of State as intended for “issue advocacy.”(TPM)

Now, the biggest checks were still written by a man we know all too well, Charles T. Munger, the son of Warren Buffet’s business partner. But, we may yet learn a few more names about who else laundered a bit of cash to support Prop 32’s anti-labor agenda.

AG Harris Takes on S&P

Big California pension firms lost billions

by Brian Leubitz

A few days ago, I wrote about S&P upgrading California’s credit rating. As I mentioned then, the arbitrariness of the ratings is troubling. Somehow California bonds are a worse investment than a series of subprime mortgage bonds circa 2007. Yes, those bonds were getting AAA ratings, while California is begging for a single A.

Turns out, that those sketchy AAA ratings hurt the state in another way: our pension funds lost big on investments made based on the notion that they were AAA rated. AG Kamala Harris, after working with the federal government on their lawsuit, announced that the state would be suing S&P as well.

Attorney General Kamala Harris today sued S&P, saying its “intentionally corrupted” ratings process cost CalPERS and CalSTRS a combined $1.36 billion.

Harris’ lawsuit in San Francisco Superior Court said the two pension funds relied on the “AAA” ratings assigned to securities by S&P.(SacBee

Ultimately, this is just one small portion of the larger discussion of what role the credit ratings agencies will play in our future. During the height of the financial bubble, their power and relationships both strayed into questionable realms. Dodd-Frank made some changes, but one suspects that such a field will never really be done evolving.

AG Harris Takes on S&P

Big California pension funds lost billions

by Brian Leubitz

A few days ago, I wrote about S&P upgrading California’s credit rating. As I mentioned then, the arbitrariness of the ratings is troubling. Somehow California bonds are a worse investment than a series of subprime mortgage bonds circa 2007. Yes, those bonds were getting AAA ratings, while California is begging for a single A.

Turns out, that those sketchy AAA ratings hurt the state in another way: our pension funds lost big on investments made based on the notion that they were AAA rated. AG Kamala Harris, after working with the federal government on their lawsuit, announced that the state would be suing S&P as well.

Attorney General Kamala Harris today sued S&P, saying its “intentionally corrupted” ratings process cost CalPERS and CalSTRS a combined $1.36 billion.

Harris’ lawsuit in San Francisco Superior Court said the two pension funds relied on the “AAA” ratings assigned to securities by S&P.(SacBee

Ultimately, this is just one small portion of the larger discussion of what role the credit ratings agencies will play in our future. During the height of the financial bubble, their power and relationships both strayed into questionable realms. Dodd-Frank made some changes, but one suspects that such a field will never really be done evolving.

More Tax Reform: Distinctive Classes of Property for Parcel Taxes

Freshman Assemblyman Rob Bonta looks to clarify 1980s legislation

by Brian Leubitz

It was the heady days of the mid-1980s, and Prop 13 was something not too distant in the rear view mirror. It was 1986 to be precise, and the Legislature passed some amendments to the Government codes to clarify the status of parcel taxes. Except that the clarification didn’t quite actually clarify everything.

For a few years, several areas, mostly in the Bay Area, had tax rates that varied by usage of the property. Under California tax code, property is assigned a classification, and school districts operated under the theory that if they charged taxes at the same rate within classifications, they were ok with Prop 13.

Except that a resident of the Alameda USD disagreed and filed suit against a 2008 parcel tax. He lost in the trial court, but won at the court of appeal level (for a few days anyway).

The First District Court of Appeals overturned Alameda Unified’s parcel tax, passed in 2008 and lasting three years, that set different tax rates for owners of residential and commercial property. In Borikas vs Alameda Unified, the court said that it violated a state law that requires parcel taxes be uniform. The potential ramifications of the decision are significant as districts look to local property owners for one of the few sources of money outside of state revenue. (EdSource 12/20/2012)

Here’s a link for the decision in Borikas v Alameda USD. But, well, not so fast, because the ruling was vacated pending a rehearing on Jan. 7. But the uncertainty was just too much for Asm. Rob Bonta, who represents the island of Alameda.

The bill, AB 59, by Assemblymember Rob Bonta, D-Oakland, would nullify a state Appeals Court ruling in December overturning an Alameda Unified School District parcel tax that levied one rate for residential and small commercial properties, and another for larger commercial properties. Bonta also represents Alameda. (EdSource)

The bill, in effect, would put the system back to status quo prior to the decision and the uncertainty of the Borikas case.  As it is only dealing with statutes, no supermajority is required. AB 59 is still cooling its jets in the Assembly Revenue committee, with the first possible hearing date being Feb 7. However, Gov. Brown hasn’t said anything on the topic, and with the case still pending in the courts, he probably won’t rush out to say anything.

It is worth keeping an eye out on the court decision, but that can still be a while before we get through the rehearing. In the meantime, parcel taxes remain one of the very few ways that districts can raise money. I expect that there are a few nervous school board members right about now.

Corporate Subsidies: Wherein I sort of agree with a FlashReport article

NYT: Per Capita Subsidies photo PerCapitaSubsidies_zps70a56d6b.jpgCorporate subsidies ignite a race to the bottom

by Brian Leubitz

It is not often that I read something on the FlashReport that I can agree with in the general substance. But, while the article was intended to be a slap at Jerry Brown, the Reason Foundation’s (a right-wing libertarian group) Adrian Moore, PhD, takes on corporate subsidies.

Proponents argue that while cases such as Solyndra are unfortunate, they are a necessary evil that must be tolerated since the benefits of governmental “investing” in certain technologies or industries will, in their view, someday outweigh the costs. I’d point out that the government rarely knows what is both certainly beneficial and inadequately funded by the market, but even worse is a lousy investor, giving to well connected companies, not those with the best business plan, and not caring if the investments pay off or not, only the newsbite when the check is written.

The Reason/Howard Jarvis study looks at specific corporation tax and sales and use tax credits, deductions and exemptions in order to evaluate whether they serve their purpose. The argument offered in support of such tax breaks is that they will improve the lives or livelihoods of certain classes of individuals, businesses or industries. But their costs are frequently ignored. While they may encourage business activity in a certain sector of the economy, this comes at an unseen cost, which is the business activity that would otherwise have taken place in other sectors of the economy. (FR)

These all fairly reasonable points here. Perhaps California does spend too much on corporate subsidies to lure jobs. Perhaps we should be asking ourselves whether the government should be subsidizing corporations at all.

But this should be part of a larger conversation that we should be having at every level of government. The most visible examples of these subsidies come in the context of sports, where teams are lured with free land, tax credits, and sometimes a brand new stadium with a pretty bow on top. But it isn’t just sports where we see this. In a great series in the New York Times, Louise Story investigates the troubling growth in tax subsidies that are going to specific corporations, and how an entire cottage industry has grown up to game the system. (She also gave a very interesting interview to Terry Gross on NPR’s Fresh Air.)

The fact of the matter is that yes, California does spend a fair chunk of change on corporate subsidies. The Times quotes a figure of $4.17 billion, or $112 per Californian. But if you look to the right, you’ll see that our $112 per capita pails in comparison to other states. Especially some very heavily Republican states. Alaska spends nearly a thousand dollars per person! And Rick Perry has spurred the people of Texas to spend over $750 per person. This turns out to be real money:

The math on the new deal angers former Amazon workers, especially those who are still unemployed. For Texas to give up more than $250 million in tax revenues in exchange for 2,500 jobs amounts to about $100,000 per job. Most distribution workers are paid $20,000 to $30,000 a year. The rest benefits the company’s bottom line, which generally increases executive bonuses and shareholder returns.(NYT)

This is the new math of corporate subsidies and job creation. And, unfortunately, California carries a special burden in this area. Film subsidies have been some of the hottest growth areas, garnering a full story in the Times. States and cities find it attractive to get a movie shot in their area, and so spread the cash around. Michigan, Louisiana, and pretty much every other state have tried to lure Hollywood away from, well, Hollywood. (Canada has also been aggressive in this area as well.)

The article is on FlashReport, so of course, it is rather unnecessarily partisan. It calls out Gov. Brown, and name checks Solyndra, and the film tax credit. Solyndra, of course, being the big cause celebre of conservatives for collapsing under the weight of cheap solar panels being dumped on US shores after having received federal loan guarantees. And this being California, conservatives like Dr. Moore get to blame the evil liberals in the legislature for all these ills.

But Dr. Moore is probably right that we shouldn’t be spending so heavily providing cash to corporations. He and I clearly disagree about what should come of that money, lowering the corporate tax rate would fall significantly behind investing in education and other priorities, but that’s a topic for another time. Unfortunately, we live in a competitive world, and our governments are competitive as well. In many ways, it is something of a mutual self-injury pact. Local governments compete against one another, and the individual citizen gets lost in the shuffle.

Clearly, we, as a nation, need to do a better job of monitoring this process. And we need to have a conversation about whether it is in our best interest for states and municipalities to compete in this manner. Dr. Moore (and the NYT’s Louise Story) do us a favor by raising this issue. It deserves serious consideration, perhaps with a touch less of the absurdly misplaced partisan rancor, about how we government goes about the task of “job creation.”  

Brown’s Moves Pay off: S&P Upgrades California Credit Rating

Stable budget means California will pay less to borrow

by Brian Leubitz

For several years now, California has languished at the bottom of the barrel of the credit ratings of the states. However, today S&P upgraded our credit rating, leaving Illinois fully behind us. (Though that state had previously slipped behind us in Moody’s rating) Illinois is still facing some big issues as they struggle to pull themselves out of a similar morass as California experienced a few years ago.

Standard & Poor’s Ratings Services on Thursday raised California’s credit rating from “A-” to “A” the long-term ratings on much of California’s bond debt. The upgrade covers $73.1 billion in general obligation bonds and $1.9 billion in Proposition 1A bonds. …

The ratings agency’s commentary said the “upgrades reflect our view of California’s improved fiscal condition and cash position, and the state’s projections of a structurally balanced budget through at least the next several years.” (Sac Biz Journal)

That being said, our state was never really a threat to default. Our constitution specifically forbids it, and Bill Lockyer has pointed this out many, many times.

California has never failed to make its bond payments on time and in full, not even during the Depression. And there is no chance we will smudge that pristine record.

Payment of debt service is constitutionally protected, with bond payments required even when the state is operating without a budget. Debt service has second call on general fund dollars, right behind education. Under the California Constitution, making sure bond investors get their money is a higher priority than providing healthcare to kids, protecting the environment and keeping our communities safe.(LA Times)

These words are just as true now as when they were first published in 2010. Yet, hey, now we’re getting upgraded, so hooray?

PPIC Poll: Strong support for Brown and his budget

PhotobucketJanuary PPIC poll shows majorities support current financial path

by Brian Leubitz

For years, we were told that the people wanted divided government. That we couldn’t mess with the 2/3 requirements because they were somehow sacrosanct.  But that little chart on the right tells us otherwise.  

To be honest, I’ve always felt that PPIC was a little soft on the Legislature. I mean, could you really find one in four people that really approved of the legislature a few years ago? But since we ditched the 2/3 budget requirement, and Democrats were forced to deal with the disaster themeselves, we’ve moved on.  The finger pointing had to stop, and for the most part it has. The Republicans, having lost on Prop 30, and lost even their marginal relevance by failing to garner a third of the legislative seats, are simply trying to get attention any way they can.

With everything that happened last year, Prop 30, and the grassroots field campaign around Prop 32, Brown is now in a better position than most thought he would be after inheriting Arnold Schwarzenegger’s mess.  Yet on the most toxic of issues, the budget, somehow he has built the consensus that many doubted he could create:

When read a brief description of the governor’s overall plan, 69 percent of adults say they favor it and 22 percent are opposed. Across parties, 79 percent of Democrats, 72 percent of independents, and a slim majority of Republicans-51 percent-are in favor. Brown’s 2013-14 budget, which projects a small surplus for the first time in many years, proposes increasing spending on K-12 schools, higher education, and health and human services, as well as paying down the state’s debt and creating a reserve. Support was far lower for Brown’s budget plan in January 2012 (50%).

Of course, with the budget, the devil is always in the details. And summaries, by definition, skimp on those. Yet, the fact remains that Jerry Brown, and his allies, have somehow charted a middle path that eluded Gov. Schwarzenegger.

On other issues, California support for gun control grew substantially after the tragedy in Newtown, CT. From March 2012 to this poll, the number of Californians supporting additional restrictions grew from 53% to 65%. There is a lot more data on gun control at the PPIC site, especially if you care to dig down into the cross-tabs.

While you’re there, you can also see that the President also maintained his popularity here, with a 65% approval rating overall, and a broad other swath of data. Go check it out.

Gun Control in California?

What can California do to prevent gun deaths?

by Brian Leubitz

Pull open a Sacramento Bee this morning and you’ll find two columns from their two Dans, Morain and Walters, on gun control.  Walters points out that we already have the nation’s strictest gun control laws:

Californians have the nation’s toughest gun control laws, but also own about 40 million pistols, rifles and shotguns. There wasn’t much said about law-abiding gun owners, however, as two state legislative committees conducted a hearing Tuesday on “gun violence and firearms law in California.”(SacBee)

He’s right, of course. We do have some of the strictest gun control laws in the nation, but his notion that this somehow means we cannot do more is just plain wrong.  As is pointed out by the other Dan (Morain):

Other ideas could make a difference, too: barring chronic alcohol abusers from owning guns; treating the sale of ammunition like the sale of guns by prohibiting felons from buying bullets; and licensing ammunition sellers.

Of course, California can do only so much. Gun enthusiasts can go to Nevada or Arizona, and buy weapons that can’t be purchased legally here. But California lawmakers can take steps.(SacBee)

To be sure, violence isn’t a question simply of guns. But at the same time, our budget crunch and the conservative anti-tax movement have made it more likely that those prone to violence aren’t getting treatment.

Walters also points out that many of the guns used to murder are illegal, an overwhelmingly true statement. However, several of the recent high-profile mass killings were not from illegal weapons.  Access to high volume ammunition means that a terrible situation can get much, much worse.

Gun control legislation must come from the federal government, but here in California we can make a start on pushing the conversation. And few conversations were more worthy of happening.