Butte County Considers Fracking Ban

County concerned about water and seismic risk

by Brian Leubitz

Butte County doesn’t actually have any fracking operations right now, and isn’t likely to become a hotbed of fracking anytime soon. But the Board of Supervisors is making a preemptive statement this week:

Tuesday the Board of Supervisors voted to have county staff prepare an ordinance that bans fracking.

Documents prepared by county staff for Tuesday’s meeting described fracking as “a common term for hydraulic fracturing that is a technique of well stimulation used to increase petroleum production,”

At request from the county’s Water Commission, the supervisors were asked to adopt and ordinance that would require a conditional use permit before a fracking operation could take place within county jurisdiction. (Chico ER)

Even if there weren’t any fracking operations around the corner, at the very least this local action could send a statement to other areas and perhaps be a model.

Field Poll: Governor Up, Legislature Down

Yee arrest shifts legislative numbers

by Brian Leubitz

It turns out having one of your members arrested for involvement in a gun running scandal hurts your approval numbers. Who’d have thunk it?

Following Yee’s arrest, voter sentiment of the legislature has turned negative. The proportion of voters expressing disapproval jumped six points from 40% to 46%, and now is greater than the proportion approving (43%), which declined three points. Thus, voter opinions of the legislature swung a net nine points in the negative direction in the days following news of Yee’s arrest.(Field poll PDF)

Now, that being said, 40% is still relatively strong compared to the dark days of the budget fights a few years ago. In September 2010, approval of the legislature hit a rather abysmal 10%. The majority vote budget and the wiggle room afforded by Prop 30 should probably get most of the credit for that rebound. But the Yee arrest, following the other Senate legal issues, drags that down. Perhaps some of that will be resolved when those members are officially gone from the chamber, but with the Yee story likely to linger in the news, don’t expect an immediate bounce at the end of the year.

Meanwhile, Gov. Brown is riding high. Field has him at an all-time high of 59%, with just 32% disapproving. Those are numbers that will be hard for any competitor to overcome in June or November. But the field of candidates that are actually in the race? The odds grow even longer. Right wing extremist Tim Donnelly leads the pack at 17% with no other candidate exceeding 3%. Neel Kashkari hopes to spend his way to relevance, but time is running quite short.

Blog Post on SB 1381, a bill that would require GE food labeling in California

I’m brand new to calitics; I joined today at the suggestion of a friend who thought the calitics community might be interested in a piece I wrote about SB 1381, a bill that would require genetically engineered foods in California grocery stores to be labeled. I’ll paste the piece here but you can also check it out at biotechsalon

Rebuttal to Statements Against SB 1381, The California GE Labeling Bill

Posted on April 8, 2014 by Belinda

Senator Noreen Evans (D-Santa Rosa) has introduced a bill, SB 1381, which would require genetically engineered (GE) foods in California’s retail grocery stores to be labeled starting in 2016. I’m in favor of this bill because, as stated in its text, “California consumers have the right to know, through labeling, whether the foods they purchase were produced with genetic engineering, so they can make informed purchasing decisions.” Consumers in 64 other countries can already make such informed purchasing decisions; the food industries in those countries (and in the U.S. when preparing foods for export) already handle the logistics required to label GE foods; doing the same for foods sold in the good ‘ole U. S. of A. should be a slam dunk.

But proponents of GE foods are still fighting against labeling anyway.

Statements made against SB 1381 prior to the bill being approved by the Health Committee of the California State Senate late last month amounted to a defense of genetic engineering technology comprised of definitive-sounding claims of “overwhelming scientific evidence” that GE food products “are completely safe” and mention of multiple, highly regarded scientific organizations “none of which have found any evidence” of problems with these foods [emphases added]. A plant scientist at UC Davis also said claims that the United States Food and Drug Administration (FDA) “does not properly regulate” GE foods are “not true” and that these foods are “fully vetted.”

But, as I’ve been pointing out on this blog, the state of the science and regulation of GE agricultural products is not nearly as black and white as these statements made in opposition to SB 1381 indicate. And for anyone to make truly informed decisions-about GE food purchases or GE labeling or anything else-mention should be made of the shades of grey.

For example, as mentioned in the text of SB 1381, the FDA “does not require safety studies of GE foods. Instead, any consultations are voluntary….” While every GE food on the market today may have gone through this voluntary consultation process with FDA, that need not necessarily be the case for future GE foods and feeds. There have already been cases in which developers of GE crops have refused to provide answers to additional questions asked by FDA; there was also the case of Bt10, a GE corn variety that was accidentally commercialized without having gone through the voluntary consultation process with FDA.

The current system of regulating GE crops and foods in the U.S. uses agencies and laws designed with “traditional” agricultural products in mind; loopholes exist in it through which some GE crops could escape regulation altogether. While others (obviously) disagree, I do not consider the current system in the U.S. to be the “proper” way to regulate the powerful technology of genetic engineering.

As also mentioned in SB 1381:

“Genetic engineering of plants and animals can cause unintended consequences. It has been demonstrated that manipulating genes through genetic engineering and inserting them into organisms is an imprecise process. The results are not always predictable or controllable. United States government scientists have stated that the artificial insertion of genetic material into plants via genetic engineering can increase the levels of known toxicants or allergens in foods and create new toxicants or allergens with consequent health concerns.”

These statements are all true. And in the less than 20 years since GE crops have been commercialized, we’ve already had examples which raised heath concerns. One was StarLink™ corn. Although it has never been established that the Bt protein in StarLink corn-which behaved like a human allergen in multiple pre-market tests-actually caused allergies in humans, the U.S. corn crop was nevertheless monitored for the presence of StarLink’s GE protein for seven years after it was discovered in human food products and taken off the market. (The StarLink incident also gives an idea of how long GE crops can persist in the environment.) Even with no concrete evidence of harm, regulators did not deal with that particular GE corn product as if it was “completely safe.”

Such is the concern over unintended consequences that a “Committee on Identifying and Assessing Unintended Effects of Genetically Engineered Foods on Human Health” was established by the Institute of Medicine and the National Research Council of the U.S. National Academies. The committee’s report promotes “postmarketing studies to further assess both intended and unintended effects” and suggests that “epidemiological studies may be helpful in the postmarketing phase….”

SB 1381 also notes that “mandatory identification of foods produced with genetic engineering can provide a method for detecting, at a large epidemiological scale, the potential health effects of consuming those foods.”

Yet an opponent of SB 1381 stated (in the Health Committee meeting on March 26th) that epidemiological studies would not be helped by “general” labeling of GE ingredients.

I am not an epidemiologist and so will not comment on that claim except to opine that even general labels should make the task of tracking down unintended health effects somewhat easier than no GE labels at all. (I invite any epidemiologists reading this to chime in on this topic.) Instead I’ll ask: what is the alternative? Identifying the specific GE protein or other active GE component that has been added to a food, as was done for the protein conferring kanamycin-resistance in the Flavr Savr™ tomato nearly 20 years ago?

That is apparently no longer a viable option at this juncture. After the FDA treated the GE protein in Flavr Savr tomatoes as a food additive, following the laws on the books for regulating food additives, the agency announced that no other GE protein added to a food need go through that process. The food additive door was shut and replaced with the voluntary consultation process.

The bottom line is that the federal government has let Americans down on this issue. That’s why grass roots initiatives and individual state legislatures are taking it up.

Unintended consequences can, and have, happened as a result of using genetic engineering technology to alter crop plants. Until very recently, there had been no long-term studies of individual GE foods and those that have been published have been attacked…and yet not repeated, the usual hallmark of scientific response to technical disagreement. As a scientist, I find that very disappointing.

And yet I am a supporter of the use of genetic engineering for basic science. I was also an early adopter of GE foods, feeding GE Flavr Savr tomatoes to my child back when they first hit the market in 1994; I and other early adopters purchased so many of those tomatoes, despite (because of?) the fact that they were clearly labeled as having been “Grown From Genetically Modified Seeds,” that the company producing them couldn’t keep up with demand.

Based on the Flavr Savr tomato, the only example we have in the U.S. of a labeled GE food, the labels SB 1381 would require will not necessarily “stigmatize” GE foods. Nor is SB 1381 about forgoing the powerful technology of genetic engineering; agricultural problems like citrus greening are still being addressed using genetic engineering despite concerns about the public’s wariness.

What SB 1381 addresses is the downright un-American status quo that denies American citizens the choice to decide for themselves whether to adopt a powerful new technology being applied to their food. That’s it.

In poll after poll, the majority of Americans indicate they want that choice, a choice citizens of 64 other countries already have.

Kudos to Senator Evans for introducing SB 1381 so that Californians might, after the nearly two decades since the GE Flavr Savr tomato was first introduced into commerce, again have that choice.

Bloom’s SeaWorld Orca Bill Dies in Committee

Bill sent to interim study as lack of votes became apparent

by Brian Leubitz

With the recent negative coverage from the movie Blackfish, activists from across the nation were looking to the Assembly today. The orca hearings in Sacramento got a lot of press coverage, but the bill will not move forward this year:

In a move that effectively kills the legislative effort for the year, the legislation aimed at ending SeaWorld’s killer whale shows was sent to interim hearings. The author agreed to the committee chair’s request when it became clear that the votes were not there to move the bill. The action spares legislators and SeaWorld the uncertainty that a simple defeat of the bill in committee would have brought since bills sent to interim cannot be reconsidered. Presumably, hearings will be held after the close of the legislative session that could shape the debate in 2015.(IVN / Shawn M. Griffiths)

As you might expect, SeaWorld was very, very opposed to the bill and brought out all the stops. Their argument is fairly well laid out in this Fox5 video, but the short version is that the whales are better off performing because that is the most stimulating part of their day. That question will get some more study this year as the bill is likely to come up again. On the eve of the hearings, activists delivered over a million signatures in support of the measure, and the attention is unlikely to totally recede anytime soon.

Massive El Niño Could End Drought, Bring Floods to California

Predictions of a huge El Niño event bring concerns across the globe

by Brian Leubitz

One of the interesting things about El Niño is that is somewhat predictable months ahead of time. April traditionally is one of the worst months for such predictions, but a very large pocket of warm water in the Pacific is bringing warnings of dire impacts.

The warm water just below the ocean’s surface is on par with that of the biggest El Niño ever recorded, in 1997-98. That event caused $35 billion in damages and was blamed for around 23,000 deaths worldwide, according to the University of New South Wales. The 1997-98 El Niño is also the only other time since records begin in 1980 that sub-surface Pacific Ocean water has been this warm in April.

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As I wrote last fall, the coming El Niño could be enough to make 2014 the hottest year in recorded history, and 2015 could be even warmer than that. … And people in drought-stricken California could be forgiven if they’re crossing their fingers for a strong El Niño, which is linked to some of the wettest years in state history. Still, it’s certainly no slam dunk that an El Niño would be enough to end the crippling drought there or even bring above normal rainfall. And if the El Niño ends up being as strong as current predictions indicate, there’s a chance it may even tip the scales from drought to deluge across the state, spurring damaging mudslides amid bursts of heavy rain. The two strongest El Niños in the last 30 years-1982-83 and 1997-98-both caused widespread damage from flooding in California. (Slate / Eric Holthaus)

Given that we still haven’t hit 50% of our average seasonal weather for the winter/fall wet season, the rain would certainly be welcome and would ease a lot of the very tensions in the Central Valley. That being said, we can no longer ignore the long range planning issues for climate change even if we get a very wet winter next year. The drought cycles aren’t going to get any better, and we need to clearly prioritize our plans for water so that we aren’t fighting each time water allowances are cut.

Toni Atkins to Get the Gavel on May 12

LGBT Health Symposium 21729Takes over from Speaker Perez

by Brian Leubitz

We’ve known Toni Atkins was going to be our next speaker for a while now, but the date of transition was something of a mystery. Now we have that answer:

The Assembly will have a new speaker May 12.

Assemblywoman Toni Atkins (D-San Diego) was designated speaker-elect in an Assembly vote two weeks ago.

Multiple Capitol sources confirm that on Wednesday, current Speaker John A. Pérez (D-Los Angeles) announced at an Assembly Democratic caucus meeting that the transition will take place in about six weeks. (LA Times)

Her first big task? Well, that would be the budget. The May revise will come out right around that date, so her team will need to be ready to respond from day 1. A thrilling way to hit the ground running, I suppose.

Sen. Boxer Endorses MICRA Reform

Senator becomes highest-profile endorsement of measure to fix broken malpractice system

by Brian Leubitz

In a perfect world, we certainly wouldn’t be discussing medical malpractice reform. However, California’s law on the subject is far from the perfect world. For many victims of medical malpractice, it is cost prohibitive to seek justice. The costs of trial become too expensive to pursue the case, and many victims find it difficult to find an attorney that can handle the case.  There are a litany of other reasons MICRA is broken, but you can read more about MICRA in my previous post on the subject https://calitics.com/diary/…

The short story being that the $250,000 cap on non-economic damages hasn’t been adjusted for inflation for over 35 years, and that cap means that many victims won’t be able to get the justice that they need. Specifically, cases that are brought by people unable to show a steady stream of income are punished by this hard cap. So, children, senior citizens and the disabled are put in a real position of danger.

Now, to be clear, there are some good organizations on the other side of this issue. Planned Parenthood drew fire on its decision to oppose MICRA reform. Their logic on their position sounds good but the facts just don’t back up the position. Essentially, Planned Parenthood argues that changing the hard caps on malpractice damages will reduce doctor supply and vastly increase malpractice insurance. But the real data show that neither of these suppositions to be correct. Again, I point you to my previous writing or to the LA Times’ Michael Hiltzik on the subject:

Over the last 22 years, California malpractice insurers have paid out in claims an average of only 36 cents of every premium dollar they’ve collected, according to Insurance Department statistics. For comparison’s sake, for all property and casualty insurance lines the figure is 62 cents; for passenger auto insurers alone it’s more than 60 cents.(LA Times / Michael Hiltzik)

So, yeah, the reason that malpractice insurance premiums are rising? That would be a massive profit level for the insurance companies. But I digress.

The supporters of the Troy and Alana Pack Act recently submitted nearly 850,000 signatures to get their bill on the November ballot. Essentially the measure would adjust for inflation since the date of the 250,000 cap and permanently index the cap to inflation. It was something that was originally included in the MICRA legislation, but cut later in the legislative process. The Pack Act now has a big name supporter: Senator Barbara Boxer.

“I will never forget meeting a child who was severely disfigured and forever confined to a wheelchair because of medical malpractice,” Senator Boxer stated.  “I was stunned to learn how unfair California law is in terms of compensating these patients and their families, and I committed to helping the victims of these tragedies. That is why I am proud to support the Troy and Alana Pack Patient Safety Act, which will reform our judicial system to hold accountable those responsible for so much pain and suffering and ensure that patients and their families get the justice they deserve.”

Seven year old Alana Pack and ten year old Troy Pack were killed on a roadside by a doctor-shopping drug addict who ran them over after being overprescribed thousands of narcotics at Kaiser and falling asleep at the wheel. Their father Bob Pack authored the Pack Act to increase accountability for medical negligence and substance abuse.

You can learn more about the Pack Act on their website.

Kashkari Thinks Fracking is His Best Shot

Troubled campaign looking for some sort of boost

by Brian Leubitz

The gubernatorial candidate from Wall Street, Neel Kashkari, is struggling in the polls and fundraising is running dry. So, where to turn? How about trying to get some cash from the petroleum industry with some timely shout outs to his corporate friends in the business:

Republican gubernatorial candidate Neel Kashkari toured a drilling technology company here Wednesday and promised to rebuild the state’s economy in part by improving the business climate for oil and gas.

In the last three years that Jerry Brown has been governor, California has increased its crude oil production 3 percent to 199 million barrels, he said. During the same three years, Texas has increased its production 77 percent to 941 million barrels, and North Dakota has hiked production 105 percent to 313 million barrels.

California’s economy is improving slowly, Kashkari said, but added that far too many Californians remain out of work because the state isn’t business-friendly.(Bakersfield Californian)

Well, that is all well and good, but the numbers that the Kashkari campaign passed off in a press release are not really relevant. Even petroleum executives would allow that each state has different petroleum reserves. Not all wells are created equal. Part of that is the regulatory environment, but fracking is a technology that aims to get at deposits with a wildly varying levels of accessibility. Monterey shale isn’t the same as the deposits in Texas or North Dakota, and there are many other considerations. Like, hey, the fact that we are in a big drought. KQED has a great report on that subject in both audio and text formats.

The potential for higher water use doesn’t sit well with some San Joaquin Valley farmers. “They’re competing for the same water that we’re using for our farms,” says Keith Gardiner. “That’s taken away from the farm fields.”

“It is an added pressure,” says Greg Wegis of Wegis and Young, a farming operation near Bakersfield. “From what I’ve seen, in some of the fracking wells, they’re using 3-to-4 acre-feet per well. That’s not helping the situation.”(KQED)

But Kashkari has very little to work with. Brown has a huge warchest, and Donnelly is still polling above him. Kashkari needs more cash and attention. He can claim to be addressing with an appearance on Squawk Box, but appearing on CNBC won’t make the kind of big shake up that he needs to this race. So, why not try pandering to petroleum interests. It won’t help him win the governor’s office, but maybe he can squeeze into the November top-2.

PPIC Poll shows Brown with huge lead, Donnelly in distant second

Endeavour Grand  Opening Ceremony (201210300002HQ)Poll shows right-wing anti-immigrant Tim Donnelly could be GOP standard bearer in November

by Brian Leubitz

WHo really wants to be the one to get steamrolled by Gov. Brown and his huge warchest come June/November? Well, there are a few folks vying for the privilege, but few show any sign of making any inroads. Barring a bizarre calamity, Brown seems a prohibitive favorite over the field. And that instinct is borne out in PPIC’s poll:

When primary likely voters are asked how they would vote in the governor’s race, 47 percent choose Brown and 10 percent choose Republican Tim Donnelly. Fewer support Republicans Andrew Blount (2%) or Neel Kashkari (2%)-the other candidates included in the survey-while 3 percent name someone else and 36 percent are undecided. (PPIC)

Now, Donnelly, who is a well known right wing extremist better known as a Minuteman vigilante than as a serious legislator. Not exactly the type of candidate a 21st century party is really looking for in a state with a minority majority. But while some party leaders are kind of rooting for Neel Kashkari, and his much more compelling, and modern, story, the grassroots of the party seems to prefer Donnelly’s anti-immigrant right-wing platform.

Had Kashkari been able to keep up his initial strong fundraising, you would have to like his odds to pull out the number two spot. But with that fundraising rapidly slowing, Donnelly may be able to carry a right-wing base vote to the second line of the November ballot.  The other candidate, Andrew Blount, Mayor of Laguna Hills, says he is raising no money at all. Unless he plans to self-finance, Donnelly’s slightly higher name ID would likely be enough to push him over the edge. Here’s the current cash situation:

Donnelly reported Monday that he has less than $11,000 in cash on hand, with unpaid bills of $149,068. Kashkari, meanwhile, has banked more than $900,000, while Brown has nearly $20 million on hand.(SacBee)

Perhaps this will improve when one of them squeaks onto the November ballot. However, the numbers right now are all looking strong for Gov. Brown. His current approval rating is at 49% approval, down a bit from his all time high in January of 58%, but more than solid given the other factors in the race.

Leland Yee Arrested in SF Chinese Gang Investigation

Arrest in a shocking investigation opens up SoS race

by Brian Leubitz

First, I’ll simply state that everybody deserves their day in court, and all the charges are merely allegations at this point. But, wow, if only a small fraction of what was revealed is true, you have the makings of an action-packed Hollywood blockbuster.

In the part that pertains to Yee, the long and short of it was that he sold proclamations and small favors in exchange for campaign contributions. (Some of which exceed the contribution limits in the SF mayoral race.) In the affidavit, which you can find over the flip or on scribd here, Yee is said to have told the federal informants that he would not make money for himself for any official acts, and that he did not want to discuss pay-for-play deals. However, he is alleged to have participated in said pay-for-play for campaign contributions at the behest of his fundraising consultant, and alleged gun runner, Keith Jackson.

State Senator Leland Yee, one of the most powerful Democratic politicians in California, was arrested Wednesday morning in a major series of federal raids in the Bay Area and Sacramento targeting corruption and gang activity.

Federal agents arrested Lee(sic) at his home in San Francisco Wednesday morning and he was driven to the federal courthouse while his offices in Sacramento were raided.

The federal complaint filed March 24 and unsealed Wednesday alleges Sen. Yee was engaged in soliciting illegal campaign donations in exchange for political favors and was involved in a conspiracy to traffic firearms. (CBS  SF)

Now, as for the SoS race, you have to figure that with Sen. Yee out of the running, Sen. Alex Padilla is now the big frontrunner. That being said, Democrat Derek Cressman could make a strong challenge if he can continue to raise enough money to increase his name ID. Former Republican Dan Schnur and current Republican Pete Peterson could also push to make that second line of the ballot.

Whatever else you do today, take a few minutes to read the affidavit. It’s like something out of a Mario Puzo novel.

UPDATE: I managed to get a snapshot of Keith Jackson’s page from Singer Associates website, which has now been taken down. You can read the full affidavit over the flip, as well as viewing a CBS-SF news report.

UPDATE 2: Yee has now officially quit the Secretary of State race.