[env-trinity] RTD urges Brown to back 'clean water bond'/Lawmakers blast secret drought bill negotiations/Vandenberg Marine UnProtected Area
Dan Bacher
danielbacher at fishsniffer.com
Wed Jun 25 19:51:54 PDT 2014
http://www.dailykos.com/story/2014/06/25/1309591/-Restore-the-Delta-calls-on-Brown-to-back-clean-water-bond
http://www.indybay.org/newsitems/2014/06/25/18757877.php
brown-gov6.jpg
Restore the Delta calls on Brown to back 'clean water bond'
by Dan Bacher
Restore the Delta (RTD) called on Governor Brown to back a “clean
water bond” for the November 2014 ballot that does not include any
taxpayer funding for mitigating the damage from the Bay Delta
Conservation Plan (BDCP) to build the peripheral tunnels.
The group's statement was issued after Brown told legislators in
private meetings on Tuesday, June 24 that he opposes the existing
$11.1 billion water bond and supports a $6 billion water bond instead,
including about $2 billion for storage.
Brown also reportedly told legislators that Republicans “must accept
less than their stated priority of $3 billion” for water storage
projects, according to Capitol Public Radio. (http://www.capradio.org/articles/2014/06/24/brown-opposes-existing-water-bond,-wants-$6-billion-replacement/
)
The Governor’s Office has declined to comment on the specifics of his
proposal, including whether any funding in the bond will help pay for
mitigation for damage caused by the construction of two massive
tunnels under the Delta proposed under Brown's Bay Delta Conservation
Plan (BDCP). "The Governor is concerned about ongoing debt service and
its impact on future budgets," according to Jim Evans of the
Governor's Office.
However, a draft of Brown's blueprint obtained by the Sacramento and
Fresno Bee also "suggests $1.5 billion for water supply and water
reliability, encompassing areas like safe drinking water and
groundwater cleanup; $1.5 billion for watershed protection; $500
million for flood control; and $500 million for the Delta." (http://www.fresnobee.com/2014/06/25/3996045/capitol-alert-governors-bond-plan.html
)
"The document also states a general rule shared by Senate leaders: the
bond must be 'Bay Delta Conservation Plan neutral,'" the Bee reported.
In response to the latest water bond developments, Barbara Barrigan-
Parrilla, Executive Director of Restore the Delta, said, “California
desperately needs a new sustainable water policy and a bond measure
that invests in conservation policies that have broad and deep
support. We call on Gov. Brown to leave tunnels mitigation out of a
water bond.”
Barrigan-Parrilla cited records obtained through the Freedom of
Information Act showing that the BDCP appears to plan to use bond
funds to help fund purchases over the next 50 years of up to 1.3
million acre feet of water annually from upstream areas, such as the
Sacramento Valley.
"These purchases are supposed to make up for over-pumping for the new
water export Tunnels,” said Barrigan-Parrilla. “This provision would
become a referendum on the tunnels project and would likely doom the
water bond to failure, leaving us with no progress on our need for
drought resilient water projects.”
“In bond provisions labeled as BDCP ‘restoration’ and ‘habitat’
funding, the public would pay to purchase so called ‘enhanced
environmental flow’ water from previously identified districts in the
Upper Sacramento River Basin – leading to the devastation of their
groundwater supplies. That same water would be diverted into the new
BDCP Tunnels before it flows into the heart of the Delta,” said
Barrigan-Parrilla.
“Mega-growers within Westlands and Kern County are depending on public
subsidies to make the BDCP pencil out. The public purchase of
‘environmental’ water with bond funds has already been shown to be a
waste. From 2000-2007, an ‘environmental water account’ was set up and
spent nearly $200 million in public funds as the species crashed and
the State Water Project over pumped the Delta, creating, huge profits
for private landowners like billionaire Stewart Resnick. The voters
will not agree to that kind of waste and profiteering again,” Barrigan-
Parrilla added.
In addition, BDCP water exporters are relying on the public, through a
combination of state and federal funds and two successive state water
bonds, to pay $7.824 billion (before interest in today’s dollars)
toward the cost of BDCP. The draft BDCP describes how state bond
measures would provide $3.759 billion in funds to carry out the
project, according to Barrigan-Parilla.
She said taxpayers, through other state and federal funding
allocations, would also pay the remaining $4 billion needed for the
estimated $25 billion dollar project. With the water exporters paying
for the cost of the water export Tunnels through increased water rates
to families, the public would pay additionally through taxes for the
cost of creating more than 140,000 acres of experimental habitat, on
Delta farmland, the largest strip of prime farmland in California.
“According to independent scientific reviews, BDCP habitat is unlikely
to yield the benefits assumed by BDCP, in part because the Tunnels
will starve the Delta of needed fresh water flows. The BDCP water
export Tunnels will remove life-giving flows of high quality water
through the Delta. The massive acquisition of farmland for habitat is
a ruse to justify building the BDCP Tunnels, and the water exporters
are planning to stick the taxpayers with that bill,” said Barrigan-
Parrilla.
Restore the Delta calls on Governor Brown support the following three
principles in the 2014 water bond:
• Remove all funding for Delta habitat and water purchases tied to the
BDCP. Funding actions needed by the still draft, unfinished BDCP will
take away funding from other crucial water projects that will make
California drought resilient. Taxpayers should not be expected to pay
to restore habitat or purchase paper “environmental” water to make the
Tunnels appear to be an environmental project.
• Support levee improvement funding in order to upgrade Delta levees
to the minimum PL194-99 standards. The Governor needs to recognize
that if there is a catastrophic event in the Delta, one hundred
percent of the loss of life and 80% of the economic loss will fall on
the Delta region. Levees protect statewide water supplies and provide
local flood protection. Regional infrastructure worth billions of
dollars (roads, railroads, electric transmission lines, gas lines) is
also at risk.
"The State claims to be worried about an earthquake in the Delta, yet
inexplicably is focused not on shoring up the Delta’s earthquake
defenses, but on building Peripheral Tunnels to “protect” the water
exported. The State has forgotten that 4 million people live in the
five Delta Counties and need to be protected from a catastrophic flood
event," she said.
• Support conservation and local water supply and treatment projects
throughout California to make the state more water resilient and less
dependent on Delta exports.
"We are calling on Governor Brown to support principles that will
actually lead to more secure water supplies for all Californians,
rather than endorsing a water exporter driven bond that will deliver
only for certain special-interest water districts to the detriment of
the largest estuary on the west coast of the Americas," she summed up.
“If the governor and Westlands mega-growers insist on including
taxpayer subsidies for the tunnels mitigation in the water bond, it
will become a vote of the people of California on the mammoth and
destructive BDCP Tunnel project, estimated to cost a total of at least
$54.1 billion after interest,” said Restore the Delta’s media
consultant, Steve Hopcraft.
The current water bond on the November ballot was created as part of a
water policy/water bond package passed by the Legislature in a special
session called by then-Governor Arnold Schwarzenegger in November
2009. The water bond was rescheduled twice, first in 2010 and then
again in 2012, due to strong opposition to provisions in the bond that
facilitate the construction of the twin tunnels under the Sacramento-
San Joaquin River Delta.
Brown is a relentless advocate for the widely-criticized Bay Delta
Conservation Plan to build the peripheral tunnels - and looks at the
tunnel plan, estimated to cost up to $67 billion, as a "legacy" project.
On Monday, June 23, Senator Lois Wolk’s new water bond, SB 848, failed
to gain required two-thirds vote “due to Republican opposition and
demands that the measure include more funding to enable the
construction of two tunnels underneath the Delta to divert water to
farming interests in the Southern San Joaquin Valley,” according to a
statement from Wolk’s Office.
The vote was on party lines, with the Senate Democrats supporting the
measure and the Senate Republicans voting against it.
The 22 yes votes were Beall, Corbett, Correa, De León, DeSaulnier,
Evans, Galgiani, Hernandez, Hueso, Jackson, Lara, Leno, Lieu, Liu,
Mitchell, Monning, Padilla, Pavley, Roth, Steinberg, Torres, and Wolk,
all Democrats.
The no votes were Anderson, Berryhill, Fuller, Huff, Knight, Morrell,
Vidak, Walters, Wyland, all Republicans.
No votes were recorded by Block, Calderon, Cannella, Gaines, Hancock,
Hill, Nielsen, Wright and Yee.
Three of those recorded not voting - Leland Yee of San Francisco, Ron
Calderon of Montebello and Rod Wright of Inglewood - were suspended
from the State Senate with pay this March. Senators Yee and Calderon
were indicted in separate federal corruption cases, while Senator
Wright will be sentenced on July 21 on criminal charges that he lied
about where he lived when he ran for office in 2008. (http://blogs.sacbee.com/capitolalertlatest/rod-wright/#storylink
=cpy)
“Yesterday’s vote was a missed opportunity,” said Senator Wolk. “It
was especially disappointing to see my Republican colleagues from
Northern California tie their horses to the Delta Tunnels and support
the current bond written in 2009 rather than the tunnel neutral
approach in SB 848 that was before them. The 2009 bond promotes the
tunnels and is doomed to be rejected by the voters.”
“We are in a drought," she said. "The voters want real solutions, not
the tunnels. There is no better time than now to act. SB 848 includes
water solutions for every region of the state that reflect local needs
and priorities. This bond doesn’t hurt any region and, critically, it
avoids investments in controversial projects like the Delta Tunnels
that will result in opposition at the ballot. SB 848 is the only
proposal that doesn't provoke a North-South water war and meets
Republican core demand for surface storage."
For more information, go to: http://www.indybay.org/newsitems/2014/06/25/18757859.php
2.
http://yubanet.com/california/Dan-Bacher-NorCal-lawmakers-call-for-opening-up-secret-drought-bill-negotiations.php#.U6uBnN3DyRo
Photo of Congressman George Miller, courtesy of George Miller's Office.
200px-george_miller_house...
NorCal lawmakers call for opening up secret drought bill negotiations
by Dan Bacher
Six Northern California Congress Members on June 23 called on Senators
Dianne Feinstein and Barbara Boxer to open up secret negotiations on
controversial drought legislation that threatens salmon populations,
family farmers and California Indian Tribes.
Representatives Jared Huffman, George Miller, John Garamendi, Jerry
McNerney, Doris Matsui, and Mike Thompson on June 23 asked for "public
and transparent negotiations" between the Senate and House on
legislation responding to the historic California drought.
In a letter to California Senators Dianne Feinstein and Barbara Boxer,
the members noted that "negotiations to date have left the public
without adequate information or opportunities for input." Any
compromise between the Senate drought response bill and the
destructive House-passed bill, the members argued, would ultimately be
harmful to California.
The House bill, H.R. 3964, severely undermines numerous state and
federal statutes, would irreparably damage the Bay-Delta, degrade
drinking water quality, and cost California thousands of jobs,
according to the Representatives.
“We are deeply concerned that it appears that negotiations with the
House majority are being held out of the public eye. We believe the
process by which Congress responds to this drought crisis should be
transparent,” the members wrote. “Our constituents are rightly
concerned about a closed-door approach that picks winners and losers
amid California’s statewide drought, and they deserve a public
discussion of the merits of the legislation being considered.”
"The House majority has already demonstrated their intention to
irresponsibly override state water law and decades of federal
protections for clean water, fisheries, and northern California
tribes, farms, and cities – all to benefit a select few," they said.
"The House-passed H.R. 3964 provides neither new resources nor useful
tools, but instead undermines numerous state and federal laws,
including: the Endangered Species Act, the Clean Water Act, the
Central Valley Project Improvement Act, the San Joaquin River
Restoration Settlement Act, and the California constitution and its
public trust doctrine. We all agree that this would take California in
the wrong direction, and the House majority’s draft Energy & Water
appropriations bill would continue this harmful approach. Our state
cannot risk the negative repercussions of trying to reconcile the
differences between H.R. 3964 and S. 2016," they wrote.
The members also called for direct assistance to communities hurt by
the drought, including farmworker and fishing communities. Neither the
Senate nor House-passed bills provide any new funding for emergency
drought relief projects, water recycling infrastructure, or
conservation and efficiency projects, in contrast to the House
Democrats’ bill and an earlier Senate bill, they wrote.
Feinstein is the primary author of the emergency drought relief bill,
S 2918, that was passed by unanimous consent in the Senate in May.
House Republicans passed their own, even more dangerous legislation in
February that would waive Endangered Species Act (ESA) protections,
repeal the restoration of the San Joaquin River below Friant Dam and
override the federal “wild and scenic river” designation for a short
stretch of the Merced River.
Environmental groups, fishing organizations and Indian Tribes oppose
Feinstein's bill, since they say it will enable more Delta water to be
exported to corporate agribusiness interests on the west side of the
San Joaquin Valley during the current drought.
Restore the Delta (RTD) on May 16 issued a strongly-worded statement
criticizing Senator Feinstein for pushing S 2918 “to allow more water
to be exported for Westlands’ and Kern Water Districts’ mega-growers
in the midst of a severe drought.” The group also blasted Feinstein’s
bill for posing a grave threat to Central Valley salmon and other fish
populations and wildlife refuges.
“It is disappointing that Senator Feinstein has chosen to rush harmful
legislation with no public hearings, debate or scrutiny, so that
industrial growers who have planted tens of thousands of acres of
almonds and other permanent crops in the midst of the past several
very dry years,” said Barbara Barrigan-Parrilla, executive director of
Restore the Delta. “Sen. Feinstein is using every tactic she can to
aid these growers at the expense of the rest of California. There’s a
better solutions, despite Sen. Feinstein’s statement that she has
received no useful input on alternatives. She has received the input,
but has ignored it.”
“Sen. Dianne Feinstein is rushing legislation through Congress that
uses the current drought to make changes that undo critical
protections for our salmon and other fisheries, and the people who
rely on our river system. While it makes sense to take prudent steps
to address the drought, it is unwise to use the current lack of water
to do the bidding of mega-growers who want more and more water for
permanent crops on unsuitable lands. That’s who gets most of the water
in our public projects: huge industrial farming operations in the
Westlands and Kern Water Districts. Sen. Feinstein is responding to
the urging of these growers, many of whom have contributed mightily to
her campaigns,” said Barrigan-Parrilla.
S 2918 is harmful to salmon migration, since it would lock in a 1:1
ratio of San Joaquin-San Francisco Bay Delta water inflow to water
exports, according to Restore the Delta. This permits exporting water
that can be diverted by massive pumps in April and May, and affects
the San Joaquin River’s flow at a critical time when salmon and
steelhead are migrating down the river to the ocean.
S 2918 also weakens protections for salmon and regulates the flow rate
at which Old and Middle Rivers, two channels of the San Joaquin River
that feed the Bay-Delta, can be made to flow in the reverse of their
natural direction by the operation of the federal and state pumps that
export water south. Those pumps redirect the flow of the Delta and
pull millions of salmon and other fish to their deaths each year.
Between 2000 and 2011, more than 130 million fish were ‘salvaged’ at
the State and Federal Project water export facilities in the South
Delta, according to a white paper published by Bill Jennings,
Executive Director of the California Sportfishing Protection Alliance,
on March 7, 2013. Actual losses are far higher. For example, recent
estimates indicate that 5-10 times more fish are lost than are
salvaged, largely due to the high predation losses in and around water
project facilities.
Feinstein is pushing the dangerous legislation as Jerry Brown is fast-
tracking the Bay Delta Conservation Plan to build the peripheral
tunnels. The same agribusiness interests advocating for Feinstein’s
legislation are the same ones promoting the construction of the tunnels.
The project, estimated to cost up to $67 billion, would hasten the
extinction of Central Valley salmon, Delta and longfin smelt, green
sturgeon and other fish species, as well as imperil the salmon and
steelhead populations on the Klamath and Trinity rivers.
The full letter from the Congress Members is below:
June 23, 2014
The Honorable Dianne Feinstein
United States Senate
331 Hart Senate Office Building
Washington, DC 20510
The Honorable Barbara Boxer
United States Senate
112 Hart Senate Office Building
Washington, DC 20510
Dear Senators Feinstein and Boxer:
We applaud you for your effort to produce workable solutions to
California’s statewide water shortages, and for your leadership in
expediting state and federal agencies’ response to the drought. The
passage of S.2198 in the Senate has sent a strong message that
California’s drought requires the highest level of attention and
continued action, and we hope to continue to work with you as we push
for solutions. However, we are deeply concerned that it appears that
negotiations with the House majority are being held out of the public
eye. We believe the process by which Congress responds to this drought
crisis should be transparent.
The House majority has already demonstrated their intention to
irresponsibly override state water law and decades of federal
protections for clean water, fisheries, and northern California
tribes, farms, and cities – all to benefit a select few. The House-
passed H.R. 3964 provides neither new resources nor useful tools, but
instead undermines numerous state and federal laws, including: the
Endangered Species Act, the Clean Water Act, the Central Valley
Project Improvement Act, the San Joaquin River Restoration Settlement
Act, and the California constitution and its public trust doctrine. We
all agree that this would take California in the wrong direction, and
the House majority’s draft Energy & Water appropriations bill would
continue this harmful approach. Our state cannot risk the negative
repercussions of trying to reconcile the differences between H.R. 3964
and S. 2016. As the Los Angeles Times observed in their June 8th
editorial, “a compromise between the two bills would be bad for
California.”
We believe Congress should focus on solutions, and we cannot accept
the destructive Valadao-Nunes approach, which flouts state and federal
law, will irreparably damage the Bay-Delta, degrade drinking water
quality, and cost our state thousands of jobs. We strongly urge you to
prioritize providing the resources and additional tools that
California needs to respond to this and future droughts, as both H.R.
4239 and your original S. 2016 would have done. Although we still have
concerns with a provision from S. 2016 that remains in S. 2198, we
believe both S. 2016 and H.R. 4239 have important provisions in common
that would: directly assist communities harmed by the drought,
including farmworker and fishing communities; provide funding for
emergency drought relief projects; expand funding for water recycling
infrastructure, conservation, and efficiency projects that can be
rapidly brought online; ensure that drought damages are properly
recognized under the Stafford Act; and reduce wildfire risk. Not one
of these priorities is addressed by H.R. 3964.
Since neither H.R. 3964 nor S. 2198 received a public hearing nor
considered by committees in open session, and a formal conference
process is not possible at this point, we strongly urge you to conduct
any further negotiations in public, and to seek comment from the
relevant state and federal agencies, as well as tribes, recreational
and commercial fishing interests, water managers, farms, counties, and
cities. Our constituents are rightly concerned about a closed-door
approach that picks winners and losers amid California’s statewide
drought, and they deserve a public discussion of the merits of the
legislation being considered. The changes envisioned between both
bills are so great, and there are so many stakeholders at risk, it
would be a great disservice if these decisions were made without
transparency and public input.
Thank you again for your leadership.
Sincerely,
###
3.
http://www.fishsniffer.com/blogs_/details/bill-introduced-to-ban-oil-drilling-in-vandenberg-marine-protected-area/
BILL WOULD BAN OIL DRILLING IN VANDENBERG MARINE PROTECTED AREA
Written By: Dan Bacher, June 21, 2014
Fishermen, Tribal leaders and grassroots environmentalists have
repeatedly criticized the privately funded Marine Life Protection Act
(MLPA) Initiative for creating questionable "marine protected areas"
that fail to protect the ocean from oil drilling, fracking, pollution,
military testing, corporate aquaculture and all human impacts on the
ocean other than fishing and gathering.
The Coastal Justice Coalition, a group of members of the Yurok, Hoopa
Valley, Karuk and other Tribes who agree that the State of California
has no right to regulate tribal gathering, exposed this severe flaw in
the MLPA Initiative when they stated, "Protected areas would allow for
deep water drilling yet would ban tribal gathering," in a news release
issued in June 2010. (http://www.indybay.org/newsitems/2010/06/29/18652206.php
)
While MLPA Initiative officials let the oil industry, corporate
polluters and ocean industrialists off the hook in their strange
concept of "marine protection," offshore oil drilling will be banned
in one state marine protected area, the Vanderberg State Marine
Reserve, if State Senator Hannah-Beth Jackson (D-Santa Barbara) has
her way.
Senator Jackson has introduced a bill, SB 1096, to ban offshore oil
drilling from an area of state waters in the Santa Barbara Channel
known as Tranquillon Ridge. The area is designated as a "marine
protected area" because of its sensitive marine ecosystem, according
to a statement from Senator Jackson's office.
Declaring that "offshore oil and gas production in certain areas of
state waters poses an unacceptably high risk of damage and disruption
to the marine environment of the state," the California Legislature in
1994 banned any new offshore oil and gas leases when it passed the
California Coastal Sanctuary Act.
But a glaring loophole in state law left Tranquillon Ridge, which
extends into state and federal waters, with reserves that are
currently being tapped in federal waters from Platform Irene, uniquely
vulnerable to offshore drilling, according to Jackson's office.
This loophole in the California Coastal Sanctuary Act authorizes the
State Lands Commission to enter into a lease for the extraction of oil
or gas from state-owned tide and submerged lands in the California
Coastal Sanctuary, "if the commission determines that the oil or gas
deposits are being drained by means of producing wells upon adjacent
federal lands and the lease is in the best interest of the state."
Senate Bill 1096 repeals this loophole, found in Public Resources Code
6244.
"For too long, oil companies have been eying this precious marine
ecosystem as theirs for the taking," said Senator Jackson. "With each
new proposal, we have mustered our resources, and fought for our
environmental future. This bill would close the book on the
possibility of future offshore drilling in these state waters and help
ensure that our precious coastline remains protected forever."
Jackson said oil companies have made numerous attempts to tap into
Tranquillon Ridge's offshore reserves from state waters over the
years. Since 2003, an oil development proposal has been pursued by
Sunset and Exxon to drill into Tranquillon Ridge reserves from an
onshore location at Vandenberg Air Force Base.
"Slant drilling from onshore into offshore waters raises significant
concerns about possible oil spills, impacts on marine life, air and
water pollution, and contributions to global climate change," said
Jackson.
"We are thrilled to sponsor this bill, which would protect one of the
most environmentally rich areas on the California coast," said Linda
Krop, chief counsel of the Environmental Defense Center, a nonprofit
environmental law firm headquartered in Santa Barbara County. "This
region is recognized as one of five important ecological regions on
the planet. For this reason, the state has designated this area as a
Marine Protected Area, which means that it warrants the highest
possible level of protection."
"If a project like the original T-ridge, which contained significant
environmental benefits, was rejected by the state, then our community
should vehemently oppose an oil project that has even worse
environmental impacts and no benefits," said Assemblymember Das
Williams (D-Santa Barbara). "This bill would protect our waters from
potential harmful new oil development."
Vandenberg State Marine Reserve (SMR) is a marine protected area
located offshore of Vandenberg Air Force Base, near the city of Lompoc
on the Central Coast. The marine protected area covers 32.84 square
miles.
Vandenberg SMR is supposed to "protect" all marine life within its
boundaries and fishing and take of all living marine resources is
prohibited. However, the "marine reserve," like others established
under the MLPA Initiative, doesn't ban oil drilling, fracking or
pollution.
Vandenberg SMR was established in September 2007 in a controversial
public-private partnership between the Resources Legacy Fund
Foundation and the California Department of Fish and Wildlife. It was
one of 29 marine protected areas adopted during the first phase of the
Marine Life Protection Act Initiative.
The time to ban offshore oil drilling, fracking, pollution, corporate
aquaculture, military testing and other harmful activities to marine
life in the "marine protected areas" created under the MLPA Initiative
is long overdue. The oil industry's inordinate influence over the MLPA
Initiative and other environmental processes, the Legislature and the
Governor's Office is due to the enormous amount of money that the oil
industry dumps into campaign contributions and lobbying in Sacramento
every year.
A report released on April 1, 2014 by the ACCE Institute and Common
Cause reveals that Big Oil has spent $143.3 million on political
candidates and campaigns – nearly $10 million per year and more than
any other corporate lobby – over the past fifteen years. (http://www.indybay.org/uploads/2014/04/10/bil_oil_floods_the_capitol_4.1.14v2.pdf
)
But Big Oil exerts its influence not just by making campaign
contributions, but also by lobbying legislators at the State Capitol.
The oil industry spent $123.6 million to lobby elected officials in
California from 1999 through 2013. This was an increase of over 400
percent since the 1999-2000 legislative session, when the industry
spent $4.8 million. In 2013-2014 alone, the top lobbyist employer,
Western States Petroleum Association, spent $4.7 million.
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