Take the Legislative Win, Push for Aggressive Adminstrative Implemention

Environmental Justice: Front & Center in California’s Climate & Pollution Debate

As I listened to Governor Brown make his closing argument during the historic public hearing on his innovative climate change laws, I was left with the question:

“Are we trying to save local communities or the world?”

I quickly came to the realization that in some sense, the answer is both.

However, trying to satisfy both goals and their supporters, is creating significant controversy. And it opens up another question:

ARE THERE ENOUGH VOTES for a two-prong climate action strategy?

Both the governor’s bills, Assembly Bills 398 and 617 are paired in a landmark package that fundamentally transforms California’s approach to addressing air pollution & climate change — at the same time.

The high stakes of inaction are known: our kid’s lungs, local community health, and the transition to a renewal energy society. California’s has always had a role in leading by example.

This is our moment to further show the world and our most disadvantaged communites, we have the political clout to lock in a plan that will outlive this current Governor and extend to future generations.

Legislative Non-Debate: The Baseline Facts

Monday, on the Senate Floor what will not be debated are these facts:

• California has some of the worst air quality in the nation, which jeopardizes the health of our communities and has for many years.
• That given the direction our climate numbers and where the world is headed, things will only get worse unless serious steps are taken to reduce greenhouse gas emissions — with California leading the world by example.
• Some of California’s most vulnerable communities have more than one source of pollution in their neighborhoods and need more tools, resources and a focus on pollution control.
• That thus far, the current cap and trade program has brought in billions of dollars in auction proceeds that have benefited California’s disadvantaged communities.

Legislative Debate: Expected Rhetoric

As microphones go up on the Senate Floor expect to hear variations of the following:

• Allow the minority party more say in spending money generated by the state’s signature climate cap and trade auction.
• Calls for elimination of provisions that allow for the carry over of unsold allowances which have to date have allowed a cost balancing proportion of allowances to regulated industry to avoid price spikes.
• Debate on the provision that would prevent the state Air Resources Board and local air districts from regulating carbon dioxide from oil and gas facilities other than through cap and trade.
• Strenuous debate on whether this package will increase energy costs to consumers and businesses.
• Whether banning of carbon offsets rather than a scaling back of credits or erasing the surplus supply of pre-2020 allowances are sufficiently addressed in the legislation.

The Real Battle-lines in the Debate

The package has quickly divided environmental groups, essentially, environmental justice coalitions and traditional environmental groups.

In the carbon trading arena, these factions over the years have taken different sides of the pollution-climate change co-benefit equation.

This legislative package put forth attempts to resolve this conflict by putting both pieces of legislation in a “co-benefit package” that did not exist nor was attempted in the original AB 32 climate change vote in 2006. It will provide opportunities to explicitly link California’s climate change policies with local air quality, public health, and economic goals.

Having voted on that historical bill in 2006 (AB 32) I can say without a faint hesitation that co-benefits was mentioned “once” in the debate — today it is the entire ball game.

After reading the governor’s legislation more than a few times, along with discussions with many actors involved in this policy area, I have come to following conclusion:

The bad provisions of this bill are narrowly drawn and its good provisions are broadly written.

In short. It kicks most of the hard stuff to the California Air Resources Board (ARB) to implement. The current push among environmental justice advocates, however, is centered on additional mandates and requirements in “statute” — rather than giving trust to the ARB to implement them equitably.

As a member of the California Air Resources Board (ARB) I can respect a healthy skepticism, but

I can honestly say that this is not the ARB of 2006 that implemented the state’s climate laws with little concern for environmental justice communities

Much has transpired since that time including the addition of permanent Environmental Justice representatives, legislative appointments to the board for increased oversight, and an overall political leaning toward environmental justice action that now permeates nearly every action we take.

The Board’s focus on Environmental Justice concerns, issues and agenda is on the right trajectory. With implementation issues lying at the ARB, my assessment is that environmental justice communities will continue to make significant gains under this climate package.

Think about what it will accomplish given the package’s language:

1. Allows disadvantaged communities to be first in the country to implement local, grassroots air monitoring plans. That means state regulators will get enough data specific to their neighborhood, to provide customized solutions for very local air quality issues.
2. It provides the tools, structure, and timetables needed to achieve a community-first approach for dramatically improving air quality in disadvantaged communities that have long suffered from the greatest cumulative impacts.
3. The package creates new programs providing mechanisms to facilitate direct involvement of community members throughout all stages of the process.
4. Enhances the collection of air quality data, and helps air regulators to better enforce air pollutions laws, including increasing the fine for polluting the air the first time in 40 years.
5. There are specific transparency and accountability measures in the package that are unprecedented in the way they give power to local residents upending the traditional model for environmental regulation.

What is there not to trust in terms of future implementation from the ARB? In a climate denying Trump era, hesitation on how much trust should be given to an agency that has recently moved the EJ agenda forward is self-destructive.

A critical analysis of the current debate over this legislative package come down to IMPLEMENTATION.

With implementation issues lying at the ARB, and increased tools given to the board, my assessment is that environmental justice communities have ALREADY WON under this package.

So, in my opinion: Take the win.

Why a win? Simply because it puts rules in place that gives California’s environmentally challenged and low-income communities a seat at the head of the table and brings neighborhoods to the forefront, with an ARB that is given more power to enforce, demand and push local air districts into communities most times ignored or left without resources.

Bringing It Home

So, while the world grapples with the existential threat of climate change, residents living in the state’s most polluted communities battle to breathe every single day.

So how to meet the immediate needs of California families plagued by air pollution, while at the same time driving down the carbon in our atmosphere? It is a complex environmental problem to solve — one that specifically requires pragmatism and consensus.

A test of that consensus will go “live” on Monday as the Senate takes this historic package up. And we will find out if we can simultaneously save local communities and the world.

As an environmental justice supporter and as a pragmatist, I strongly believe the current climate package deserves support. And I publically declare, as a member of this crucial board, at this unique juncture, I stand ready to fight for environmental justice communities throughout the implementation process.

Let’s go. Let’s take the win and push forward.