Tag Archives: CEQA

Republican legislators use CEQA as ransom in budget negotiations

(Cross-posted from Groundswell, the California League of Conservation Voters blog.)

Five Senate Republicans are holding the state budget hostage and the ransom they are asking for is the gutting of the California Environmental Quality Act (CEQA), our state’s flagship environmental law.

Their proposal would sharply limit the rights of California citizens and local government agencies to enforce critical environmental protections. (See a CLCV analysis of the proposal here).

The Los Angeles Times broke this story, and explained some of details of the proposal:

The proposal would sharply limit Californians' ability to go to court to challenge a construction project's environmental impact report — a document critical to final approval. The state attorney general would still be able to file such lawsuits.

Citizens would keep limited rights to file litigation, but only by making a deposit to the court of $50,000, or 1% of a construction project's costs if that amount is smaller.

Telecommunications companies seeking to expand their broadband networks would receive exemptions from environmental rules for related construction. Such a change would be a boon to firms like AT&T, which has contributed a total of $38,100 in campaign money to the five Republican senators since 2009.

CEQA was voted into law over 40 years ago in order to give all citizens a voice in what happens to their communities. For decades, CEQA has helped to keep major decisions over how to use local land at the local level—where the impacts are the greatest.

Because of the fact that CEQA has given citizens more transparency and more say over big, risky projects that impact the health and wellbeing of their community, it has been a prime target of attacks by those opposed to environmental protections. Year after year, these opponents use the state budget process to twist arms, call in favors, and try to make back-room deals to weaken CEQA.  This year is no exception.

If the California legislature and state agencies want to change our environmental laws, they have a process in place to do so—and do so in a transparent way. Those serious about changing California’s environmental laws should use the democratic process to debate them and to then make decisions they’ll be held accountable for.

The budget is no place for CEQA “reform.” We need to stand together and commit to strengthening the laws that protect our communities, not weaken them. The budget vote is ongoing so action is needed today. Email Governor Brown today to urge him to reject any effort to use the closed door budget process to extract major concessions to the public health, safety and environmental safeguards in CEQA.

Chipping Away at CEQA

The California Environmental Quality Act (CEQA) now regulates much of the environmental procedures in the state, especially for new contstruction projects. It requires projects to go through a fairly vigorous environmental review process.  Though it was passed in 1970, it was a relatively weak law until the California Supreme Court construed the law broadly in Friends of Mammoth vs. Board of Supervisors of Mono County.  Republican Attorney General Evelle Younger, wrote a brief in favor of the more powerful CEQA, and is generally credited for giving CEQA real teeth.

But today’s Republicans would picket Younger, saying that he hates Americans or some such nonsense.


Years of exemptions from California’s principal environmental protection law are being crafted in the Capitol by the Schwarzenegger administration and lawmakers in both parties, who believe speedy approval of dozens of projects, public and private, will create jobs and spur economic growth.

*** *** ***

Environmentalists say the proposed end-run around the California Environmental Quality Act constitutes one of the most significant changes to CEQA since the law was written 40 years ago and inspired environmental legislation across the country. CEQA is a frequent target of lawsuits and legislation.

The proposals are supported by manufacturers, builders, engineers, developers, business interests and others. They say their intent is to expedite construction of numerous, still-unknown projects and jumpstart the weak economy. The proposals restrict the power of the courts to review the projects and give final authority over the projects to the administration. (CapWeekly)

It is telling just how far the environmental movement has fallen in that the current Governor, a Republican who likes to style himself an environmental champion, is seeking to neuter the law.

The process Schwarzenegger has in mind would be disastrous for future environmental review.  The first kick in the shins to CEQA was the LA stadium deal, which the Governor and Ed Roski shoved through the legislature last year.  Now, since that was so successful, Arnold figures that he’ll just do that again, this time with a huge long list of projects rather than just one.

This process results in a willy-nilly approach to environmental review, offers favors to those with political or financial clout, and shrouds the process in secrecy. And with every supposed “vital project that will kickstart the economy,” our environmental laws get a little weaker.

“We said at the time that they would encourage more of these proposals, and it’s done exactly that,” said Bill Magavern of Sierra Club California. “We’re seeing a stepped-up attack on CEQA this year, and I think we’re seeing development interests using the recession as an excuse for the CEQA rollbacks that they have been gunning for.”

Democrats across the state are facing pressure to green light the projects as jobs projects.  But, for years we have had these restrictions, and developers were able to comply.  During the bubble, developers complied (grudgingly), but said that the process slowed down the huge expansion. (Imagine the vacant lots of houses sans CEQA).

CEQA is a vital component of our environmental system.  You can’t call yourself green by simply voting Aye on AB32 and then systematically deconstructing the focus of environmental regulation.  Democrats should think twice before they jump into bed with the developers on this.  There are serious long term policy consequences.  But even for a term-limited legislator, they should understand that the politics isn’t as easy.

Over the flip, I’ve posted the vote on the LA Stadium Deal.  You can find the full details of the bill here.

Senate:

AYES

****

Alquist Benoit Calderon Cedillo

Cogdill Correa DeSaulnier Dutton

Harman Liu Maldonado Oropeza

Padilla Price Romero Runner

Steinberg Strickland Walters Wright

Yee

NOES

****

Ashburn Corbett Cox Denham

Ducheny Hancock Hollingsworth Kehoe

Leno Lowenthal Pavley Wiggins

Wolk Wyland

ABSENT, ABSTAINING, OR NOT VOTING

*********************************

Aanestad Florez Huff Negrete McLeod

Simitian

Assembly:

UNOFFICIAL BALLOT

MEASURE: ABX3 81

AUTHOR: Hall

TOPIC: Land use: City of Industry: stadium complex.

DATE: 09/10/2009

LOCATION: ASM. FLOOR

MOTION: AB 81 HALL  Assembly Third Reading  Third Extraordinary Session

(AYES  54. NOES  18.)  (PASS)

AYES

****

Adams Beall Bill Berryhill Tom Berryhill

Blakeslee Bradford Charles Calderon Carter

Conway Cook Coto Davis

De La Torre De Leon Emmerson Eng

Evans Fong Fuentes Fuller

Furutani Gaines Galgiani Gilmore

Hagman Hall Harkey Hayashi

Hernandez Hill Huber Jeffries

Jones Knight Lieu Logue

Ma Mendoza Miller Nestande

John A. Perez V. Manuel Perez Portantino Ruskin

Silva Smyth Solorio Audra Strickland

Swanson Torlakson Torres Torrico

Villines Bass

NOES

****

Anderson Arambula Block Buchanan

Caballero Chesbro DeVore Feuer

Fletcher Garrick Huffman Monning

Nava Niello Nielsen Salas

Saldana Yamada

ABSENT, ABSTAINING, OR NOT VOTING

*********************************

Ammiano Blumenfield Brownley Duvall

Krekorian Bonnie Lowenthal Skinner Tran

Parks versus drilling?

That’s the question asked by reporter John Myers (of the California Report) regarding Governor Schwarzenegger’s decision to link funding of the state’s parks to new offshore oil drilling in his just-released budget proposal.

Myers tweeted:

“Guv links $200 mil from the controversial T-Ridge oil drilling project 2 help pay for #caparks. Quite a political move: parks vs. drilling?”

Here’s the excerpt from the state budget summary released today:

“Fund State Parks from Tranquillon Ridge Oil Revenues – A reduction of $140 million in General Fund and replacement with revenue generated from the Tranquillon Ridge oil lease. It is estimated that the Tranquillon Ridge oil lease will generate $1.8 billion in advanced royalties over the next 14 years. This revenue will be used to fund state parks. The Governor’s Budget assumes that the State Lands Commission will approve the Tranquillon Ridge proposal. If not approved by the Commission, legislation will be necessary.”

As regular Calitics readers know, the vast majority of environmental groups, including my organization, the California League of Conservation Voters, oppose the Tranquillon Ridge oil drilling proposal. Of course, no one wants to see our state’s incredible, envy-of-the-world state parks closed to the public. Is the governor trying to pit environmentalists against each other? Those who oppose lifting the 40-year moratorium on offshore oil drilling versus champions of our state parks?



(There’s more over the flip…)

Another major problem with the governor’s budget – it decimates public transit funding.

According to the L.A. Times:

“One of the proposed budget’s biggest losers is public transit – and its riders. Through a complex gas tax swap, which would simultaneously eliminate the sales tax on gas and raise the per-gallon excise tax, roughly $1 billion would be siphoned off from bus and rail funds. The shift would gut Proposition 42, a voter-approved measure that determines how gas tax money is currently split. Mass transit, which now receives 20% of the taxes, would be cut out of the equation. Drivers would pay slightly less at the pump.”

Myers and Capitol Weekly’s Anthony York discussed these two anti-environmental proposals, as well as other components of the governor’s budget, in a recent and lively Podcast conversation:

Anthony York: “Another central contradiction to this governor, is that here is the ‘environmental governor’ stripping a billion dollars out of public transit funding… and I think there are public transit advocates that say, look, this doesn’t make any sense… here’s a guy who prides himself on, there was a bill passed, by Senator Darrell Steinberg, SB 375, that would call for more smart growth, and developing public transit projects in with new housing and business development, and here the governor’s decimating funding for public transit, how can you… call yourself the green governor, when really what you’re doing is building more roads which is creating an infrastructure for more cars, and also eliminating funding for public transit, and also oil drilling. I mean, that’s something we should talk about…”

John Myers: “On the issue of the environment, the governor is resurrecting in this budget the long-debated controversial plan for new offshore oil drilling in state waters off of Northern Santa Barbara county, a project known as Tranquillon Ridge, ‘T-Ridge’ in the lingo. And the governor is actually calling this $200 million to help the state budget because they’re saying, we get $100 million in the budget year that ends in July and another $100 million in the next year (York: if we start drilling yesterday)… Only $100 million is the up-front royalty, the rest of it is dependent on the price of oil and how fast we drill it out of the ocean floor. ..

In a very interesting political chess move, the governor has linked the T-Ridge oil drilling money to funding for state parks in this budget, and effectively saying a new offshore oil drilling proposal will help pay for the parks. Some people would say that’s brilliant politics, some would say it cynical politics, I’m not going to judge but it’s fascinating.”

I’m going to have to go with “cynical politics.” Remember, T-Ridge got really close to becoming a reality; it was passed by the Senate but not the Assembly.

And of course, the governor also proposed (under the false premise of job creation) exempting a large number of big constructions projects from the California Environmental Quality Act in his “State of the State” address. (Visit the CLCV blog for more on that: http://www.ecovote.org/blog/?p…

There’s much, much more to hate in the governor’s budget proposal (which has been well-covered here at Calitics) – after all, the state is facing yet another multi-billion dollar shortfall, so painful cuts to education, social services, and more were expected. But it’s clear that the governor has failed to look at the full range of solutions to our budget woes.

Does CEQA matter?

There was a bit of discussion about the City of Industry / Ed Roski plan to build a new sports stadium in LA County. The stories neglect to tell you a very major point, that Ted Lieu is listed as a principle co-author of ABX381, a bill that many detests.

Now, Lieu is running for Attorney General and does not dare brag about this bill on his web site.  In fact, the news lets Senate ProTem Steinberg take the rap for setting aside California’s Environmental Quality legislation to aid a private developer and a city of less than 1000 people.

I don’t think that this state needs an Attorney General who is so willing to set aside environmental law when it becomes convenient, just for that sake of a big developer who promises jobs… something that sports complexes routinely fail to deliver.

It might have been expected from a Republican.  That Lieu is a Democrat should be embarrassing to the party. I have already seen an effort to have SoCal Greens oppose Lieu over his willingness to set aside existing law.

Of billionaires, football stadiums and environmental waivers

(Jenesse has done a lot of outreach on this issue for the CA League of Conservation Voters. You can find this story on their blog here. – promoted by Brian Leubitz)

Dan Walters recently called out several of the “mushroom bills” making their way through the state legislature in the Sacramento Bee’s Capitol Alert, including one to exempt a billionaire developer’s football stadium from the environmental impact process:

“A marker of a legislative session’s final days is the emergence of legislative language that lobbyists circulate, hoping to get them enacted before opposition can develop.

Known as ‘mushroom bills’ because of they sprout in darkness, these are measures that probably could not pass through the ordinary process because of their controversial nature… As the final week begins, a number of mushroom bills are floating around the Capitol, including one that the City of Industry wants to exempt its planned football stadium from the usual environmental impact process. It’s aimed at short-circuiting opposition to developer Ed Roski Jr.’s stadium plan from nearby cities, which say they will bear the impacts of traffic and other side effects if professional football is played in Industry.

Industry has hired a squad of well-connected lobbyists to pass the stadium measure and also promote its scheme to allow cities to extend soon-to-expire redevelopment projects in return for allowing the state to shift some redevelopment funds to the deficit-ridden state budget.”

(I’d like to point out, they’re not only called mushroom bills because they grow in darkness, but because they grow in… well, something that stinks.) The LA Times’ Garrett Therolf wrote about the L.A. County supervisors opposition to the environmental waivers on the proposed NFL stadium: http://www.latimes.com/news/lo…

The state legislature has gotten an earful from the environmental community about this particular smelly mushroom bill. In a letter sent to leadership last week, several environmental groups, including Sierra Club California, Natural Resources Defense Council, California League of Conservation Voters, and several others signaled their strong opposition to “eleventh-hour schemes to circumvent environmental laws” as the legislative session comes to an end.  

In a week where the state legislature is debating a historic water package, they also, completely out of public view, are pushing through a CEQA exemption on a project that, according to one lawsuit, hasn’t identified the source of its water supply.  

The letter is excerpted below the flip. Let’s hope the legislature, which is suffering extraordinary low approval numbers, does the right thing and rejects this mushroom bill.

“With one week to go in the legislative session, the Capitol is knee-deep in eleventh-hour schemes to circumvent environmental laws.  In only the last few days, proposals have surfaced to grant a CEQA exemption by statute to a billionaire real estate developer who wants to build a professional football stadium in the City of Industry.”

“Regarding the proposal for a CEQA exemption, we understand that one reason for the proposal is that it will create jobs.  Environmental organizations agree that the state’s high unemployment rate is devastating families and is unacceptable and support the creation of good jobs in California.  These groups are vigorously supporting legislation to establish a renewable electricity requirement (AB 64 and SB 14) that will create thousands of high-paying green jobs in new, clean technologies.  And environmental groups and the State Building and Construction Trades Council are co-sponsoring legislation (AB 1404) to ensure that AB 32 offsets will stay in California and create green jobs for the state’s economy.”

“Nor do these groups oppose large construction projects like a football stadium.  What we oppose are eleventh-hour amendments to exempt a massive construction project in the midst of a heavily urbanized area from the state’s most basic environmental protection and public right-to-know law.  By definition, with one week to go in the session, there simply will not be time for adequate public hearings, and the staging of perfunctory and rushed hearings will not change that fact.”  

“Perhaps most fundamentally, we oppose the suggestion that the construction of a football stadium must be a choice between jobs and the environment.  Obviously, the building of Mr. Roski’s football stadium will create jobs whether or not it is subjected to CEQA review.  The only question is whether the jobs will come at the expense of the public’s right to participate in the review of the project and the environmental impacts that will be overlooked by exempting the project from CEQA.  Mr. Roski certainly did not discover only this week that his proposed football stadium would be subject to CEQA.  In fact, proponents have been seeking a CEQA exemption for months, and the idea first surfaced during the February budget negotiations.  Mr. Roski had ample time to pursue a bill through the open legislative process. This is not an emergency that needs immediate attention; instead a billionaire is demanding immediate action to his manufactured crisis.”

“These proposals are bad public policy.  The timing of these proposals is bad legislative governance.”

Let’s hope the legislature, which is suffering extraordinary low approval numbers, does the right thing and rejects this mushroom bill.

Pushing California Off the Cliff: Blocking the Budget to Destroy the Environment

Arnold got to talking about vetoing the Legislature’s budget plan, and it immediately becomes clear what is going on here: The Shock Doctrine.  The Republicans, including Governor Schwarzenegger, are using the budget disaster to destroy labor and environmental gains. At this point they don’t even try to hide it: they are going after CEQA, going after labor contracts, and going after the generations old experience of public investment in infrastructure.  

First, from the Governor:

Well, read through it. You see, that it is one thing, when you say economic recovery package. But then read through it. It actually doesn’t do anything and it makes it more difficult, actually, to do certain projects. And we will give you a briefing on the details — Will Kempton can take you through the infrastructure package and all of those kind of things. They have not at all addressed the CEQA. They have not at all addressed the public-private partnerships. They have not addressed at all that we can go and — as a matter of fact, they made it tough, that we can lay off people. They even said that we have to ask labor if we can have the furloughs that we recommended.

This is why I called it yesterday “Legislating Under Duress“, the Governor and the Republicans have a gun to the Democrats’ head in the budget disaster.  The thing is that not only does the GOP think that the Democrats will eventually blink, but going over the brink wouldn’t be that big of a deal. They get to slash and burn through labor and forget about the government.  It is good to be the Green Governor isn’t it?

Speaker Bass calls this what it is, Russian roulette with our future.  After all the gun isn’t really on the politicians of California. Sure, they’ll get some political blowback, but the gun is pointing squarely at the people of California.  The Governor claims to negotiate, then takes his marbles home with him. From the Speaker:

I am frankly surprised how willing Governor Schwarzenegger is to push California over a cliff when he clearly is not fully aware of what the bills we passed today do.  The governor said we didn’t do economic stimulus.  We did $3 billion worth of bond acceleration to get job-creating infrastructure projects moving for transportation, drought relief, park restoration and green technologies. He said we didn’t address CEQA– we expedited CEQA for transportation projects and surplus property and we eased restrictions for hospital construction.  All these actions will also help create jobs. He said we didn’t address public private partnerships.  We expanded public private partnerships – despite opposition from labor.

This is a stick-up, an attempt to drive us back into the third world of economic inequity, class warfare, and a grim future. Say goodbye to Pat Brown’s California, say hello to Kurt Russell’s.  

Amidst the Insane Vetoes, Arnold Revolutionizes Land Use Law

Arnold has been making some rather shocking vetoes of important legislation this week, including a cave-in to Sarah Palin on port air quality and the veto of the anti-rescission bill. On balance his record on bills this week is atrocious.

But there are a few bright spots, including a bill that has the potential to revolutionize land use in California. Arnold has signed Sen. Darrell Steinberg’s SB 375, a bill that links land-use planning to the AB 32 global warming targets. The intent is to eliminate sprawl by limiting sprawl and favoring infill development.

The logic is clear – sprawl creates more auto traffic, and more auto emissions, which worsens global warming. 38% of greenhouse gas emissions in California come from transportation. The obvious solution is to crack down on sprawl and encourage infill development – urban density served by mass transit. SB 375 includes language streamlining CEQA review for infill development that meets carbon emissions reduction goals.

That’s an important element of an anti-sprawl, anti-global warming effort. It’s the Portland model – you can’t stop sprawl merely by limiting growth on the edge of a metro area. You must also encourage infill, dense development and provide the mass transit to serve it.

It’s also vital to California’s economic recovery. As I have argued before, we must redefine the California Dream by using urban density to provide for affordable living and economic security.

There are still some outstanding issues regarding SB 375 – business groups were lobbying to have urban commercial projects given the same CEQA streamlining as residential projects:

Some business groups remained critical because the bill did not allow commercial development to benefit from CEQA changes. And some local officials said it overreached by allowing the state to dictate greenhouse-gas reduction goals for each region.

Steinberg said he promised the governor that next year he will clarify that projects funded by the 2006 voter-approved transportation bonds will be exempt. But Steinberg said he agreed only to have “good-faith” discussions about the commercial development issue.

“The balance we struck was so precarious, we couldn’t pile anything more on top of the bill,” Steinberg said.

California cannot afford sprawl. SB 375 is a big step forward in our efforts to redefine the California Dream and follow Portland’s successful model into a prosperous 21st century future.

The End-of-session Drama begins

(An interesting back-room story. – promoted by Brian Leubitz)

This article written by:  Former Assembly Member, Hannah Beth Jackson of Speak Out California

This is the truly crazy-making time of the legislative year, when hundreds of bills line up on the floor like airplanes on a crowded runway. And productivity isn't measured by the quality of the bills being considered but rather by the number that are disposed of on the floor each day. With over 700 bills waiting for take-off or otherwise, it's a madhouse. Several bills have already been or will be delayed, postponed or canceled while most of those lined up will take off for the Governor's desk where their fate will be decided within thirty days of their final vote. An action alert is up, here. But read on for the details.

It is chaos, exhausting and usually a productive time. But this is also the time of year when egos and hard-feelings from past slights, disrespect or other machinations force otherwise important measures to languish and die, often even before hitting the runway.

Such is the fate of Senator Joe Simitian's bill, SB 412 which would required the Liquified Natural Gas supporters to demonstrate an actual need for the product before any LNG terminals could be built in California. This seems like a no-brainer in that these plants are enormously expensive to build and often present serious environmental concerns. It would only make sense that before California allow any to be constructed under those conditions that we prove they are actually necessary. With that in mind, the measure should have made it to the floor—but was held up in the Assembly Appropriations Committee, along with several other important measures that had been developed and passed not only through their “house of origin” (the Senate) but had made it beyond all the Assembly committees to find a hoped-for temporary resting place in the Assembly before being released for floor vote in that house. In SImitian's case, he had no such luck. Was it the nature of the bill and lots of opposition? Nope. Not in this case.

It was more a victim of the all-too-common tension between the “upper” and “lower” houses of the legislature. Considered by many to be the genius of our Founding Fathers and their creation of the bicameral system of government where bills must pass through two, separate legislative groups-the Senate and the Assembly (similar to Congress where the Senate and the House of Representatives often do battle), it often translates down into petty or ego-driven disputes. In this case, the holding of Simitian's bill is more a battle of power and ego where the upper and lower chambers are feeling slighted by each other. When that happens, good ideas and hard-fought bills are often the victims of political infighting. Such is the case with SB 412–and many other measures now neglected on the Appropriations Committee floors of each house.

The good news is that there is still time to resurrect SB 412 and that's just what we here at Speak Out California are hoping will happen. On Tuesday, September 4th, we sent out an action alert to our subscribers asking them to contact the Speaker of the Assembly, Fabian Nunez, and urge him to release this bill from the Appropriations Committee so that it can be heard. While often bills can wait until next year, there is a time constraint on this measure that requires its implementation this year. Why?

In essence this bill does two things: It requires the state to do a LNG Needs Assessment as part of its Integrated Energy Policy Report before approving placement of an LNG terminal in California. If we don't need it, why force it on our communities?

It also clarifies that the California Environmental Quality Act (CEQA) requires strong alternatives technology analysis so that if an LNG terminal is approved for California, it will be the safest design with the fewest impacts.

With enormous cost and profit possiblities, there are several companies moving forward full-throttle to become California's LNG supplier. The longer we delay in requiring these standards, the less likely we will be able to justify imposing them after millions and millions of dollars have been spent developing plans, permits, etc. that the process requires. Unless we pass this legislation into law this year, it will be too late to impose these important criteria on the companies developing their proposals as we speak.

For more information on this important measure, and to send a request to the Speaker, check out our recent action alert:
http://ga4.org/campaign/ActNowforCaliforniasEnergy Future

Of course, there are many measures that suffered a similar fate and many more that are on the floor of both houses during this last, frenetic week of activity. With 700 bills to consider, there will be days with votes on 100 bills or more. Some move within seconds and the most difficult take up to hours, especially in the Assembly where often all 80 members feel compelled to speak. It is definitely the most interesting time of the legislative year and often the most chaotic. Remember it was at this point in 1996 when the ill-fated electricity de-regulation bill took off, only to crash and burn on the watch of a totally new and unsuspecting legislature years down the road. We  can only hope that this year the legislature will escape that fate. That answer, though, may not be known for some time.

For now, we can only keep our fingers crossed and take heed of the Hypocratic oath  to “do no harm”. As in each and every legislative session, we shall watch and see.

Budget Deal At Expense of CEQA Near?

FDR at the California Progress Report reports that a budget deal seems near, and it may come at the expense of CEQA – or it may not. Depends on who you talk to, I guess:

[Villines] said that he had worked all weekend and that “all” had agreed that some fix needed to be made with respect to the California Environmental Quality Act (CEQA), the state’s basic environmental law, which he called an “AB 32 fix”.

And Núñez:

I specifically asked Nunez about changes to AB 32 and CEQA and he said flat out that there would be no AB 32 changes and none were proposed in the outline he had seen. The changes that have been bandied about by the Republicans all along are not squarely within the language of AB 32 but have been to CEQA. The Speaker did indicate that he was about to brief his caucus and that any changes to environmental laws would not be made without checking with the environmental community. He was reluctant to discuss what had been agreed to privately.

I cannot imagine in what world giving in to the GOP demands on CEQA, in any form, would be anything other than a catastrophic disaster, validating the Senate Republicans’ unconscionable hostage tactics.

Now, there could be no cause for such concern, and one hopes that our Democratic leadership understands the bad precedent and effect such a compromise would have. If anyone in Sacramento thinks that by giving the GOP any of what they want, they’ll ensure anything other than an even worse fight next year, they’re nuts.

[UPDATE] The SacBee has details on this “AB 32 fix” which involves protecting transportation bond-funded projects from AB 32/CEQA action. Details over the filp.

To soothe GOP concerns, staff has drafted a compromise proposal that would place a moratorium on greenhouse gas-related actions against transportation bonds, approved by voters under Proposition 1B last fall. It would sunset after the state Air Resources Board adopts new regulations to comply with a state initiative to reduce greenhouse gas emissions by 25 percent by 2020.

We still don’t know if this is the specific key that will allow a budget deal that Dick Ackerman says now exists.

Personally I’m deeply skeptical of such a deal – how the hell are we going to cut greenhouse gases if we exempt freeway construction from it? Assuming that public transportation, from light rail to high speed rail to clean buses, are still facing a $1.3 billion cut, this is a massive step backward for California.

Yes, it depends on a fight at CARB – but as we’ve seen, from Arnold’s manipulations of that body to the new CARB chair’s significant oil company stock holdings, that’s not a place where we can be certain of strong action of auto emissions.