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San Jose Mercury News - 10/8/2007

Environmental bills' fate in governor's hands (new window)

 

By Paul Rogers 
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Environmentalists and industry officials alike are waiting for Gov. Arnold Schwarzenegger to act this week on a stack of environmental bills that would do everything from requiring "green" building standards on new construction to banning potentially hazardous chemicals in children's toys.

Schwarzenegger has until Sunday to sign or veto all the bills the Legislature passed this year, including more than a dozen on environmental issues.

"We hope that the governor is going to want to reinforce his environmental reputation by signing some of these key bills," said Bill Magavern, a lobbyist for the Sierra Club.

Among the most controversial measures are a trio of bills setting standards for the construction of environmentally friendly buildings:

AB888, by Assemblyman Ted Lieu, D-El Segundo: Would require that new commercial buildings over 50,000 square feet - from office buildings to supermarkets - meet the "gold" standard of the U.S. Green Building Council, beginning in 2013. (The nonprofit group evaluates buildings in five areas, including water and energy efficiency, and ranks them progressively as certified, silver, gold or platinum.)

AB35, by Assemblyman Ira Ruskin, D-Los Altos: Would require the California EPA to set sustainable building standards by 2009 for the construction and renovation of state buildings to meet the "silver" standard of the U.S. Green Building Council.

AB1058, by Assemblyman John Laird, D-Santa Cruz: Would require the state Building Standards Commission to set environmental guidelines for new homes by 2010.

Supporters include most of the major environmental groups in California who argued that better insulation, more efficient lighting and other elements would reduce the use of nonrenewable energy sources.

The California Chamber of Commerce and the other business groups said they support the concept of "green" building, but opposed the bills that were passed.

"The problem here is that all three of these bills reference national guidelines, and each of them are put together by private-sector groups," said Bob Raymer, of the California Building Industry Association. "They don't go through any public scrutiny or comment process."

Because of its unique risk of earthquakes, landslides and wildfires, Raymer said, California should set its own standards based on its specific needs.

Three other bills also have drawn the attention of high-powered groups in the state capital:

AB1108, by Assemblywoman Fiona Ma, D-San Francisco: Would ban phthalates in toys and childcare products designed for children under 3. Used to soften plastic, the chemicals have been linked to testicular cancer, liver problems and the early onset of puberty. The American Chemistry Council and other opponents of the bill say that phthalates, toys will become brittle and could break and pose a choking hazard. They also argue the studies showing health risks were done by giving rats massive doses of the substances.

AB821, by Assemblyman Pedro Nava, D-Santa Barbara: Would ban lead bullets for hunters in the range of the California condor, which extends roughly from the Bay Area to Los Angeles. Studies have shown that condors, a highly endangered species, have suffered lead poisoning after ingesting bullet fragments in deer and wild pig carcasses left by hunters. Many hunting groups opposed the bill, saying that copper bullets cost more and don't fly as true.

AB1470, by Assemblyman Jared Huffman, D-San Rafael: Would create a $250 million-a-year subsidy for homeowners who install solar hot water heaters, with the goal of installing 200,000 by 2017. The money would come from a surcharge on monthly utility bills that would be set by the Public Utilities Commission. Modeled after Schwarzenegger's Million Solar Roofs program, it is designed to reduce the use of natural gas.

This year, many of the top environmental measures stalled or died during the legislative process.

One would have required one-third of California's electricity to come from renewable sources.

Another would have provided rebates for motorists who buy low-polluting, fuel-efficient cars by imposing fees up to $2,500 on the purchase of gas-guzzling models. The bill was defeated in the Legislature after intense lobbying from car dealers.

And as in years past, Schwarzenegger is keeping supporters and opponents of many of the top environmental issues guessing right until the end. His actions are harder to predict than previous governors, they say.

"He loves some of these environmental issues," said John White, executive director of the Center for Energy Efficiency and Renewable Technologies, an environmental group in Sacramento.

"He has great command of the subjects in a speech-making kind of way. Environmentalists see him, unlike with (former Gov.) Pete Wilson, as, `There's always a chance with Arnold that you might get a bill signed.' He is a centrist."