Rep. George Miller to Retire

Longtime Congress member has been a strong supporter of Democratic Leader Pelosi

by Brian Leubitz

These days, it seems that some Congress members are being forced out at the end of their careers. (See Pete Stark…) George Miller probably had no reason to worry about that, as he had no competion and remains popular inside and outside of his district. But today, Rep. Miller decided that 2014 will be his last year in the House:

California Rep. George Miller, Nancy Pelosi’s strong right arm and one of the top Democratic legislators of his generation, is stepping down at the end of this year after four decades in Congress.(Politico)

While the Dem on Dem fighting is often overhyped and sensationalized, George Miller truly was the heart and soul of Team Pelosi. He was supportive every step of the way, but Miller was no mere water carrier for Pelosi; he has his own, very impressive legislative record:

As such Miller was a player in the passage of the Affordable Care Act of 2010 as well as the No Child Left Behind Act of 2002 backed by then President George W. Bush and the future Speaker John Boehner. Miller helped write the last minimum wage increase with Sen. Kennedy in 2007, and through the years used his committees as a forum to highlight worker safety conditions in the coal, oil and apparel industries.

In the arena of Western lands and the environment, Miller could be as powerful for saying no as yes. He took pride in his role behind the California Desert Protection Act of 1994 and the Central Valley Project Improvement Act of 1992 impacting the distribution of fresh water supplies in California. But he will probably be remembered more nationally for tearing up the railroad track to impede Western Republicans, who took the gavel from him in the Resources Committee in 1995 and set about trying to undo environmental laws he had championed.(Politico)

The seat is a very Democratic one, and will likely lead to a frenzy in June, and a possible Dem-on-Dem general election in November depending how the candidate field shakes down. There are a number of strong candidates in the area, expect the Around the Capitol page to fill up quickly. However, off the top of my head, this could move one of the State Senate Candidates running in SD-07, Susan Bonilla and Joan Buchanan. Current SD-07 occupant Mark DeSaulnier could also consider the race as he is termed out of the Senate. Tom Torlakson is also in (or very close to) the district as well, but he seems pretty committed to his re-election campaign for State Superintendent of Instruction.

UPDATE: And just like that, Sen DeSaulnier says he is in.

Solar’s Double Agent

In a column posted earlier this week on San José Inside, I looked back on the energy battles of 2013, as big utilities launched attacks on policies like net metering to stifle innovation and maintain their profit margins, only to be turned back at every turn by an organized coalition of solar companies.

Led by The Alliance for Solar Choice (TASC), the top rooftop solar companies successfully preserved net metering in Idaho, Louisiana, Arizona, and California. And following TASC’s lead, the 40-year-old Solar Energy Industries Association (or SEIA) took on a stronger tone in its advocacy. The shift at SEIA coincided with the naming of Nat Kreamer, CEO of Clean Power Finance (CPF), as Vice Chairman of SEIA’s Board of Directors.

Kreamer’s typically aggressive tone toward big utilities behind the scenes contrasts with a relatively amicable public front. As reported in my earlier article, according to a CPF spokesperson, CPF works with TASC while not identifying as an official public member.  Publicly they have taken “a more measured approach with utilities” because of their unique business model as the confluence between supply and demand.

In my column, I referenced Kreamer’s military background and suggested that he may see himself and CPF as a “double agent” in the struggle for our energy future. CPF seemed to embrace this image by re-posting the column on their website.

As if to drive the point home, this week CPF announced a new partnership with midwest utility investor Integrys that creates “a residential solar finance fund through the CPF Market, an online platform that empowers electric power companies to invest in residential solar.” You can read more in this CPF press release.

Typically, CPF will allow their partners on the solar installation side to promote their own brand through the CPF Market. Indeed, in a note sent to those partners, CPF talks about how other vendors “put their brand first,” and goes on to say, “We support your brand by being ‘white-label’ to your customers.” Conversely, the deal with Integrys puts the utility company front and center, which Kreamer makes clear in the press release:

“CPF is currently the only residential solar finance company that allows a retail energy company such as Integrys Energy Services to set the parameters of its fund, promote its brand to consumers and own 100 percent of the asset.”

Perhaps influenced by Kreamer’s leadership, the SEIA called the development “very good news,” citing the boost that big utility investment can deliver to the residential distributed generation (DG) solar sector. Because recent energy battles are happening mostly in the public eye thanks to expanded press coverage, it’s hard to think of CPF as a double agent in the traditional, covert sense. Instead, it may be more accurate to label their tactics as a “carrot and stick” approach.

Regardless of what you call it, time will tell if the approach bears fruit in the long term. At the very least, it will be an interesting story to watch in the year ahead.

The Governor’s Budget and Expected Revenues

Good news for the parks system and schools in Brown budget proposal

by Brian Leubitz

First, the good news: the state is already substantially ahead of where it was projected to be in terms of revenue projections. Revenues for the month totaled $10.6 billion, surpassing estimates in the state budget by $2.3 billion, or 27.7 percent. Total revenues for the fiscal year-to-date were $2.5 billion ahead (6.4 percent) of budget estimates. And all that means some good points to the Governor’s budget, including no park closures and repaying money owed to the schools under Prop 98.

But Gov. Brown is a cautious man with money these days. Nobody was really expecting him to spend all that new money, and so this budget is kind of what you would expect.

Gov. Jerry Brown on Thursday began a sprint toward his widely expected run for re-election by formally unveiling a $106.8 billion budget blueprint he hopes will give voters what they want. The plan calls for paying off many of the state’s credit cards, creating a $1.6 billion “rainy-day fund” and increasing K-12 school spending by 11.4 percent after years of devastating cuts. And for the first time in recent memory, the budget offers good news for college students and the popular state parks system. …

The proposal won praise from Democrats and Republicans alike for shining a spotlight on California’s $25 billion “wall of debt.” Brown promises to pay it all off in four years, starting with a check that will repay $11 billion owed to schools, retire old bonds and give back money to special funds whose accounts were raided during the depths of the Great Recession.(SJ Merc)

Yet despite praise for repayment of debt, there are still many who are disappointed that more social services were not restored. During the bad years, we made monumental cuts to social services, and at least in this budget, many of them will keep on waiting for restoration. As. Asm. Ammiano points out in the above article, there is still a lot more work to be done on income inequality in this state.

Transgender Rights, the Right, and the Ballot Box

Referendum Still Hangs in the Balance In Signature Verification Stage

by Brian Leubitz

Here in California, and the nation as a whole, gay rights is a concept that we are used to. People see gay and lesbian families on tv and in their neighborhoods. But the T in LGBT sometimes gets ignored. You need only look back at the fight back in the middle of the last decade over trans inclusion in ENDA to see how the transgender movement isn’t always included in the broader LGBT family. To some extent, we are seeing some positive momentum on public awareness, with Laverne Cox’s role on Orange is the New Black and her leadership on trans issues. (For example, take a look at this amazing clip of her on the Katie Couric show.)

But California is a leader in working to promote equality. We’re far from perfect, but Asm. Tom Ammiano’s School Success and Opportunity Act, which officially went into effect on Jan 1, gave transgender students a fair chance in our schools. The new law allows students to use gender segregated facilities and participate in activities for their chosen gender. The Transgender Law Center (an amazing and effective organization, btw) summarizes it this way:

Before the School Success and Opportunity Act, many schools did not understand how to fulfill their obligations to support transgender students. With this new guidance, schools – from Sacramento to San Diego – are now updating and implementing new policies to ensure all students have a fair chance to participate in all school programs and activities.

This law gives these students a fair shot to succeed. And, in fact, large majorities agree that transgender people deserve the same rights and protections as other Americans. But, there is still a lingering question as to what that really means:

However, the political X factor is that a large chunk of the population doesn’t know what transgender means. In that same survey, only 30 percent said they “completely agree” that they are well-informed about transgender people and their issues.

The activists proposing the ballot measure say no student should be bullied. But they are incensed about one aspect of the law: the question of access to restrooms and locker rooms. (SF Chronicle / Joe Garofoli)

And, as you see in the video to the right, Karen England, who is running the referendum campaign, doesn’t really understand what it means to be transgender either.

England, it turns out, is not a gender identity expert — her career has been devoted to right-wing politics. If she were familiar with the findings of the American Academy of Pediatrics – which reports that gender identity is generally established by about age four – she may not have been so shocked that the new law “is for kindergarteners as well as high schoolers.”

Moreover, England would also have recognized that boys won’t simply “wake up one day and] decide that they’re girls.” Not only do scientific findings rebut such claims, they also have no empirical basis. School districts that have enacted similar protections have reported no instances of inappropriate bathroom behavior. Right-wing media figures like Fox’s Bill O’Reilly and Greg Gutfeld have sought to stoke “bathroom panic,” based on nothing more than their claims that they themselves would take advantage of the law to sneak into women’s restrooms and locker rooms.([Media Matters)

Apparently Huckabee and England think this is some sort of trick to see girls changing after PE class. Because heterosexual boys are clamoring the world over to be thought of as having gender identity issues. In reality, this is no different than your standard rightwing sex panic BS. They understand that they can’t segregate gay students, and stop them from using the restrooms, or force students back into the closet. That is just clearly not going to happen. But this offers something that might make people unfamiliar with the issues uncomfortable..

And that squirm factor is what they are counting on to reignite the culture war in California.

“This could get voters who wouldn’t get out for other issues, but will for this,” said Karen England, a longtime conservative activist who is co-chairing the Privacy for All Students campaign to put the measure on the ballot. “And I think this will stop any other state from introducing” similar legislation.(SF Chronicle / Joe Garofoli)

And that is what this is really about, a chance to score political points at the expense of vulnerable students. It is playing with the future of children for a chance to ratchet up the heat on the culture war. As Laverne Cox states in the link above, we have a long way to go on transgender equality:

The reality of trans people’s lives is that so often we are targets of violence. We experience discrimination disproportionately to the rest of the community. Our unemployment rate is twice the national average; if you are a trans person of color, that rate is four times the national average. The homicide rate is highest among trans women. (Salon)

As for the referendum, TLC puts its current status this way:

The referendum attempt to repeal the School Success and Opportunity Act, AB 1266, did not qualify to go to the ballot box in November. Unfortunately, our opponents did gather enough signatures to require the state to conduct a full and thorough count. We are cautiously optimistic that after the full count results are in on February 24th, the referendum attempt will be doomed to the dustbin of history.

It will take a while to go through all of the signatures, and while England’s group got a boost from a legal victory last week, the outcome is still in the balance. A ballot measure would be both expensive, in addition to being highly offensive to vote on whether students will have equal opportunity.

LA Sheriff Lee Baca to Step Down

Long-time sheriff had been facing scrutiny, tough reelection battle

By Brian Leubitz

The Baca family may not be as powerful as they once were, what with their number of offices held dwindling. But Sheriff Lee Baca was still something of an institution in Los Angeles County. However, he has been under increasing scrutiny over the past year, and it seems he’s finally had enough.

L.A. County Sheriff Lee Baca, who faced a tough battle for reelection amid scandals in the Los Angeles County Sheriff’s Department, plans to annouce his retirement, law enforcement sources told The Times.

Baca’s decision comes a month after federal prosecutors filed criminal charges against 18 current and former sheriff’s deputies accused of beating jail inmates and visitors, trying to intimidate an FBI agent and other crimes following an investigation of corruption inside the nation’s largest jail system.(LA Times)

He’s supposed to be announcing this, well, about now, but the speculation is that he will step down at the end of the month, well before his term ends.  A number of candidates were already in the race, and more may enter with his resignation.

Check the flip for a KTLA video on the story.

Advocacy group “TURNs” its back on ratepayers

The Utility Reform Network (TURN) claims to be an organization that “holds utilities accountable by demanding fair rates, cleaner energy, and strong customer protections,” but it has recently been cozying up to monopoly utilities.  

Over the past several months, Matt Freedman, the staff attorney for TURN, has made public remarks that strongly contradict the mission of the organization.  He has sided with utilities in their fight against rooftop solar energy and spread messages that mirror the propaganda that utilities have been using to spook ratepayers and maintain their monopolistic position in the power industry.  It’s no surprise that Arizona Power Service (APS) used Freedman’s statements in its campaign against rooftop solar.

Most recently, APS used the synergy with Freedman to feature one of his comments in an anti-net metering ad in the Phoenix Business Journal.

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The ads demonstrate that Freedman’s “TURN” toward the utility is not just limited to California. It appears both the California investor-owned utilities and APS have TURN in their (deep) pockets.

At a time when two thirds of California home solar installations now occur in low and median income neighborhoods, such a position indicates clear disregard for ratepayers of all incomes who want to save money by generating solar power from their roofs.  

Freedman has come out publicly against net metering on multiple occasions.    Recently in E&E Publishing’s ClimateWire, he advocated for a “scaling back” of the program.  His comments not only ignore the reality that rooftop solar is on the rise in low and median income communities, but also contradict public opinion.  For example, a recent poll conducted among Latino voters in Southern California shows that 80% of Latinos in the region think state legislators should make increasing rooftop solar a priority.  A full 70% of the poll respondents support net metering.

According to Antonio Gonzalez, president of the American Latino political research institute WVCI, “Latinos are making choices about their preferences of energy sources and those choices are clearly Green and rooted in not only public health concerns but excitement about the job potential that rooftop solar growth provides.”

TURN has chosen to abandon the concerns of the ratepayers it is supposedly protecting, and instead align with monopoly utilities.  The organization has shown its willingness to sacrifice the public health, employment and economic benefits that of clean energy to stay cozy with investor-owned utilities and help those monopolies hold on to their profits.  

The Two Strongest House Democratic Pickup Chances

Two hottest California GOP seats in 2014

by Brian Leubitz

I’ve been away from blogging for a while, in case you missed the radio silence. While I can’t make any firm commitments, I’m going to try to be a bit more active here, so make sure you stay tuned and keep watching your RSS feeds, facebook feed, etc.  As a kickoff to the year, let’s take a look at two of the GOP House seats in play this year.

1) CA-21, where freshman David Valadao is in a Cook lean Republican seat after defeating John Hernandez 58-42 in 2012. 2014 isn’t likely to be a stronger Democratic year, but Valadao could be looking at a very strong challenger in one of Cosmopolitan Magazine’s 20 Women to Watch in 2014, Amanda Renteria.

The former teacher is running to represent California’s Central Valley in the House, a Democrat challenging the Republican incumbent. She was a staffer first for Senator Dianne Feinstein, and then, under Senator Debbie Stabenow, the first Latina chief of staff in Senate history. She turned down a position as chairman of the Commodity Futures Trading Commission to focus on her campaign. (Cosmopolitan)

Yes, that is that Cosmo, but the full article of women to watch in 2014 is a good read. (There is one other Californian, Kamala Harris, for whom I have done some work.) She has a wealth of experience in public service and is clearly qualified for the job, the question is whether she can make the transition to political work. If she can raise the money needed for a robust campaign, this could be a very interesting race.

2) Down in San Bernardino (mostly), Gary Miller has his hands full in a lean Democratic seat. As David Atkins pointed out yesterday, Top-2 foiled the Democrats as the votes were split between a number of candidates, leaving two Republicans in the general election. While the candidate field is still flexible, that seems unlikely to happen again. At least unlikely if there is a bit more cooperation all around, but there is still a big field gearing up for a general election.

The full list on Around the Capitol is a little disheartening on the top-2 front:

Pete Aguilar (Democrat) – Mayor, Redlands

Danny Tillman (Democrat) – Trustee, San Bernardino Unified

Eloise Gomez Reyes (Democrat) – Attorney

Joe Baca (Democrat) – Former Member of Congress

However, as of now, there isn’t a second Republican in sight. If one does file before the deadline, this four way matchup could be a slow motion repeat of 2012. If a Democrat is able to get into the general election, Miller will be a top nationwide target. He has a somewhat tricky relationship with ethics and isn’t really all that popular.

Law of unintended consequences: CA’s top-two primary helps cement intra-party control

In 2010 Californians enacted a top-two primary system, replacing the traditional partisan primaries with jungle primaries in which all primary contestants appear on the same ballot, and the top two advance regardless of partisan affiliation. The move was sold as a way to reduce the power of political parties in elections while giving independents a greater shot at elected office. It is the dream child of moderate Republicans who feel left behind by the Tea Party right, but are far too conservative to become even Blue Dog Democrats and now style themselves as “independents.”

It is a debatable question whether giving austerity-loving social moderates like Dan Schnur and Michael Bloomberg more political space to operate while weakening institutional political parties is a good thing. I would say it is not. But regardless of desirability of the intent, the results of the top-two primary have been counterproductive to that intent. No independents have been elected to state or federal office; very few even made it out of a state or federal primary. Meanwhile, elections have become even more partisan as a great many very partisan blue or red districts saw GOP-on-GOP and Dem-on-Dem battles all the way into November, leading inevitably to more polarized outcomes and greater special interest spending in elections. Political parties have also become more aggressive about forcing weak candidates out of primary races in order to avoid scenarios such as occurred in CA31, where two Republicans advanced to the general in what should have been a safe Democratic seat because seven Democrats split their votes. These problems with the top-two primary have all been widely reported.

But another largely unreported problem is also occurring that is reinforcing institutional control within the political parties at the county central committee level. To understand how, a small introduction to central committee structure is necessary.

Every Democratic and Republican county central committee has its own bylaws that govern who can be a member. Some committees are expansive and large, and some are very restrictive and small. In Ventura County, for instance, the Democratic central committee is approximately four times the size of the Republican one, despite nearly equal numbers of Democratic and Republican voters in the county.

A key feature of nearly every county committee, however, is the elected membership. America is one of the few countries in which elections for these political party offices appear on the public ballot at taxpayer expense. These individuals appear on the public partisan primary ballot in even years, elected either by supervisory or Assembly district, their number a function of the number of fellow partisan voters in that district. To again use Ventura County as an example, elected central committee members are voted in by the public in each of the five supervisory districts. Democratic primary voters get to pick six elected members in the heavily Democratic 1st district, but only four in the much more Republican 4th district. Registered Republican primary voters have the opposite skew.

Generally speaking, county committee members elected by the public tend to have privileges greater than those of other members on the theory that being elected by the public carries more weight than being selected in a back room. If a central committee becomes too staid and institutionally sedentary, one of the best courses for a populist activist is to run a slate of candidates for county central committee on the public ballot. Tea Party and progressive activists alike have done just this in counties all across America in order to refresh their parties and shake up institutional dead weight.

This is where the unintended consequences of the top-two non-partisan primary come in. Remember that partisan central committee elections can only take place in partisan elections: you can’t have Democrats voting for Republican central committee members and vice versa. But in California elections there are now no partisan primaries except for one race: the President of the United States, in which federal elections law supersedes state law.

But, of course, the President is only elected on four-year terms. Which means that in California midterms there simply is no partisan primary. Democrats, Republicans and non-partisan voters all receive the same ballot. That in turn means that intra-party central committee elections can no longer be held on 2-year cycles, since no county central committee can begin to fund the expense of a public election on its own.

So central committees of both parties all across California have been forced to quietly examine their bylaws and shift to four-year cycles for elected committee members due to the top-two primary. That in turn means that it’s twice as hard for populist activists to run grassroots campaigns to shake up machine-like county committees.

As a committee member elected on the public ballot in 2010 and again in 2012, that’s great for me personally: I don’t have to defend my seat again until 2016. But it also means that there’s less recourse to get rid of me if I become corrupted and entrenched. As a county committee political party chair I now have less public accountability than a United States Representative thanks to the top-two primary, empowering me as a political party official while disempowering the public.

California’s top-two primary was an ill-advised and ill-considered move on many levels, some of which are only now becoming apparent. It’s a mistake other states should definitely avoid.

Cross-posted from Digby’s Hullabaloo

CDP E-Board: Borrowing Delegates

Focus will be on bylaws change

by Brian Leubitz

The delegates of the California Democratic Party executive board aren’t necessarily what you would call the “coolest kids in the room.” Because it may be that the biggest issue at the eboard this week near San Francisco airport is a bylaws change.

The bylaws change is an attempt to stop the “borrowing” of delegates from one district to another. That is, legislators “loaning” out their appointments on the occasion of an endorsement fight. The issue rose to prominence during the Leno-Migden fight in San Franciso in 2008, when nearly a quarter of all delegates were somehow living in the district during the endorsing convention. The issue has continued to draw attention with several notable instances of one legislative house or another apppointing delegates within contested districts.

The proposed changes have included requiring legislators to appoint into their own districts, or only allowing delegates to vote on endorsements in their legislators districts.  The rules committee wasn’t able to come to a consensus on a change, and delayed it until next year.  

However, a group of grassroots activists have opted to bring a measure to the floor instead. In short, the proposed change would be to allow legislators to appoint delegates in any district they like, but they can only vote on endorsements if they reside in their legislators district. Out of district delegates could vote on statewide endorsements.

The vote will come up in tomorrow’s general session, but there will be much discussion on the vote throughout. I’ll be throwing up a few tweets from the events, so make sure you follow me.

Lessons From The Cancellation Crisis

Jamie CourtAn analysis just released by California’s health insurance exchange, Covered California, offers the first real insight into the depth of the Obamacare cancellation crisis.

About 450,000 of the 900,000 cancelled California policyholders will see rate hikes, according to the analysis released by Covered California.  That’s 50% of all cancelled Californians who will be paying more.

Most strikingly, half of those cancelled policyholders are getting policies that are little different from the ones cancelled, deemed by Covered California “comparable policies. ”   In other words, half of cancelled California policyholders are paying more, in some cases a lot more, for policies that are worth no more under the Affordable Care Act. Covered California reports the other half – 225,000 — will pay more for better benefits since they had “Thinner Plan.”

Despite the ugly stats, the Covered California’s board of political appointees voted to block President Obama’s call for extending cancellations for another year.  The Covered California contracts with health insurance companies, written at the insurers’ request, required them to cancel the 900,000 Californians. Thursday the board of political appointees refused to reverse course, arguing that would create more problems.

The happier headline Friday that 360,000 Californians have applied for coverage with California Covered is little surprise given that 900,000 policyholders have nowhere else to go because of its actions.   And that was the point of the cancellations – drive the individual policyholders into Covered California’s pool.

The problem is that pool has premiums that are much higher than what they should be and doctor and hospital networks that are much too small.  Cancelled policyholders would care less if they had comparable prices and comparable benefits.  And that’s what reformers should be fixing, rather than defending as reasonable.

35 states have rate regulation but not California. So benefits and premiums will continue to be out of whack until voters set the insurance industry and its political allies straight through a ballot measure next November, which requires approval by the elected insurance commissioner for rate hikes and benefit changes.

Cancelled Plans

The Covered California analysis shows that 35% of cancelled policyholders will get subsidies for policies, so they will get rate relief under the Act. That doesn’t mean taxpayers aren’t paying too much for those policies, only that low income consumers are getting help.

The analysis, by one of the biggest boosters of the ACA, discredits an argument among other boosters that is troubling: why do we care that cancelled policyholders are losing ‘junk insurance.”

Our consumer group supported the ACA, and its research and education inspired its bans on junk insurance, preexisting condition limitations and medical underwriting.  The fact is, however, that cancelled policies in California are, by and large, not junk.   Their physician and hospital networks under old policies are far broader than under the Covered California plans. Of course, no one is watching, since our insurance commissioner has no power over prices.

Rate regulation is one answer, but until the 2014 election, when California voters can make that change, backers of the ACA also have to stop insisting its policies are always better, even if they cost more and cause doctor dislocation. That just won’t fly with a public that knows far better. Californians know when their doctors are not in the networks in the new plans and their premiums are higher.

If we want to save the ACA, then we better make it work. That includes acknowledging its flaws and trying to make them better.

In a state like California, without rate regulation and with much ACA support, it’s unthinkable that Covered California would buck the president and California Insurance Commissioner Dave Jones’ call for a reprieve on cancellations when its own numbers show 450,000 are paying more under the ACA.

It’s the continuation of a troubling logic that you are either for the ACA, and the relief it extends to 48 million uninsured, or against it. That type of reasoning will alienate the middle class, which is largely without subsidies and facing a real crisis in cost in states like California. These policyholders need relief too. And that means bucking the insurance industry, something its business partners at Covered California seem completely unwilling to do.

If the most ardent backers of the ACA don’t start to think like average citizens, there’s little reason to believe the vital center and muddled middle will continue to support the ACA.  It’s time to wake up and smell the rate hikes and insurance company shenanigans for what they are – wrong, plain and simple. Then we can work together on fixing them.


Posted by Jamie Court, author of The Progressive’s Guide to Raising Hell and President of Consumer Watchdog, a nonpartisan, nonprofit organization dedicated to providing an effective voice for taxpayers and consumers in an era when special interests dominate public discourse, government and politics. Visit us on Facebook and Twitter.