Environmental Justice Communities Claim Huge Victory for

Public Health & Climate

San Diego, CA – Environmental justice communities fighting for renewable energy gained a significant win today.  The California Public Utilities Commission (CPUC) today voted to deny the contracts for two proposed natural gas power plants in San Diego that are unnecessary for energy reliability and expensive to ratepayers.  These power plants would also add air pollution, including greenhouse gases.

The California Environmental Justice Alliance (CEJA) played a key role in the CPUC proceeding to stop San Diego Gas & Electric’s (SDG&E) proposal for the two plants — Pio Pico Energy Center and Quail Brush Power Plant.  CEJA successfully argued that the state must consider energy efficiency and demand response measures (such as reducing consumption during times of peak energy need) before building more power plants. In voting the two plants down, the CPUC determined that San Diego does not need energy from new fossil fuel sources until at least 2018.

CEJA applauds the Commission’s denial of Pio Pico and Quail Brush.  Yet, CEJA is extremely concerned that the Commission is finding a need where the facts show no need exists.  If there were a need, CEJA trusts that now SDG&E will work with community to meet it with clean renewables that generate jobs for and in our communities.

“This is a huge victory for human health, the environment and clean energy,” said Nicole Capretz of Environmental Health Coalition in San Diego, and a member organization of CEJA.  “Now is the time for a paradigm shift.  Instead of poisoning communities with more dirty air and dangerous greenhouse gas emissions, the CPUC put us on a clean energy path focused on building energy efficiency and solar first.”

Quail Brush alone would have emitted over 200,000 metric tons of greenhouse gases a year and a significant amount of harmful soot in the air.  It was proposed to be located in a designated open space area adjacent to Mission Trail Regional Park and upwind of an elementary school and residential area.  Pio Pico was proposed to be located in open space in Otay Mesa in Chula Vista.  While these two plants were voted down, the CPUC approved SDG&E’s request to repower the smaller, existing Escondido Repower Facility.

“Climate change is going to hit low-income communities first and worst.  We must stop our reliance on fossil fuel and deal with the climate crisis to protect our most vulnerable populations,” said Deborah Behles, Associate Professor and Staff Attorney at the Environmental Law and Justice Clinic, Golden Gate University School of Law.

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The California Environmental Justice Alliance is a statewide coalition of community-based groups working to achieve environmental justice by organizing in low-income communities and communities of color – those most impacted by environmental hazards – and pushing for statewide policies that protect public health and the environment. The group fights for energy efficiency and locally-generated renewable energy.  Its members are: Asian Pacific Environmental Network; Center for Community Action and Environmental Justice; Center on Race, Poverty and the Environment; Communities for a Better Environment; Environmental Health Coalition; and People Organizing to Demand Environmental and Economic Rights.

The California Environmental Justice Alliance is represented by the Environmental Law and Justice Clinic at Golden Gate University School of Law.  The Environmental Law and Justice Clinic, staffed by law students and professors, advocates to improve environmental conditions in low-income communities and communities of color.

The 2013-2014 Legislative Session has started off with hundreds of bills, and dozens of them could have big impacts on low-income communities and communities of color throughout California.

California Environmental Quality Act (CEQA) reform: CEQA is one of the most important laws in the country to protect communities and the environment from polluting projects – it requires extensive analysis and public process around new developments. It has long been the target of industry, Chamber of Commerce and conservative legislators, who on an annual basis try to roll back its provisions and say that California’s environmental protection kill jobs and economic development (check out these examples of how CEQA has done the exact opposite and this report on the economic benefits of CEQA!).

Given new juice by Governor Brown’s support, the recession, and legislation like the exemption that gave megacorporation AEG an exemption for their new football stadium in LA, CEQA is once again under attack in this year’s legislative session. The good news is that coalitions like CEQA Works and Common Ground have formed to protect this critical law, and several elected officials are working to strengthen the bill. One great example is Assemblymember Nora Campos’ AB 543 that would require translation of all CEQA notices. In a state that is nearly half Spanish speaking, it is high time local agencies updated their public participation requirements to reflect the new reality in California.

CEQA foes were also dealt a blow when former Senator Michael Rubio, the leading champion of CEQA reform, left his post as Chair of the Senate Environmental Quality committee….to work for Chevron! A sad, but true, reflection of how big industry literally governs environmental decision-making in California. The depth of Rubio and industry ties are only starting to become clear: he recently revealed that an investment firm headed by an oil executive who runs the San Joaquin Refining Co. had financed home, office and agricultural land purchases for Rubio.

Despite Rubio’s absence, there are still many efforts moving to gut CEQA, so we all need to stay on the watch!

Getting Proposition 39 money out the door: Last fall, CEJA members pounded the pavement to turn out voters of color in support of Proposition 39, the Clean Energy and Jobs Act. The Proposition passed overwhelmingly. It generates millions for clean energy and energy efficiency by closing an out-of-state corporate tax loophole. There are several bills right now that will guide how this money is spent, which will focus on energy efficiency projects in schools in disadvantaged communities. Several of the bills include various provisions to hire from disadvantaged communities. Click here to read CEJA’s letter of support on Senator De Leon’s SB 39 and our recommendations for improving the bill.

CRPE steps up to fix Department of Toxic Substance Control: DTSC is the agency in charge of environmental enforcement and permitting related for toxic substances, but as a new report outlined, they have routinely failed to fulfill their mandate. More investigations revealed that Chief Deputy Director Odette Madriago  and Deputy Director for Brownfields  Stewart Black  had invested six and seven figures into companies that the department regulates or licenses. Madriago owns up to  $100,000 in Chevron and in BP Amoco at the same time that she appears to have participated in agency decisions about not regulating the companies’ refineries and cleanup of its sites across the state.

CEJA member Center on Race, Poverty and the Environment and Assemblymember VM Perez are stepping up to the challenge with AB 1329. The bill will create a plan to reduce the impacts of hazardous waste management in low-income communities and communities of color, addressing everything from increased transparency of planned and existing permits to restricting serial permit violators from getting new permits.

The aftermath of Chevron’s Richmond refinery explosion: CEJA members APEN and CBE have long worked to address the impacts of Chevron’s massive Richmond refinery on the nearby residents of color. When the refinery exploded in August 2012 sending nearly 15,000 people to the hospital, they were there talking to residents and holding Chevron accountable. Now Senator Loni Hancock and Assemblymember Skinner have introduced SB 691 and AB 1165 that will fix loopholes that prevent companies like Chevron from paying a fair penalty for their gross neglect of our communities and our environment and give the Division of Occupational Safety and Health (Cal/OSHA) new powers to force the correction of unsafe conditions, even if a company is trying to appeal their fines. This is exactly what Chevron is trying to do right now – wiggle out of paying anything for the August 2012 fine by using their army of lawyers to appeal the fine that CAL-OSHA charged them.

Clean water is a human right: Last year, EJ groups in the Central Valley had a huge victory with winning a bill that declares Safe Drinking Water is a human right. Now, there is an entire Clean Water for Californians bill package. Many small, rural, predominately Latino communities have contaminated drinking water, largely due to pollution from industrial agriculture and dairies. Compounding the pollution is the difficulty of securing resources for small water systems in need. The bill package tackles everything from increased resources for small communities to technical changes to make easier for water systems to apply for public money.

Tracking fracking: There are a host of bills moving through the legislature right now that attempt to stop or lessen the disastrous impact of fracking on our communities and our environment. Stay tuned for more of our analysis on what to watch for with these bills!

11-year-old Emilio Luna has lived his entire life in the shadow of a giant polluting plant that pumped carbon monoxide and hazardous air pollution into his neighborhood in San Diego. And for 11 years, since he was a baby, he attended meetings with his mom aimed at shutting it down. The good news? The city finally did the right thing and closed down the plant, putting San Diego on the right path towards clean energy and clean air.

But now, big utility companies are trying to move two new dirty energy plants into San Diego—taking over precious open space and making San Diego’s air even more polluted. The California Public Utilities Commission is set to vote on approval of the 2 new power plants this Thursday. CEJA has been working hard to ensure the CPUC Commissioners stand up for environmental justice rejecting the new power plant and prioritizing clean energy efficiency and renewable energy.

Keep air pollution out of the community! CEJA and our member organization Environmental Health Coalition will be mobilizing to say NO to more dirty energy!

Both Quail Brush and Pio Pico would increase power plant emissions of greenhouse gases in San Diego County by over 32 percent, at a time when we are trying to significantly reduce our greenhouse gas emissions and reduce the threat from climate change. These two power plants combined could threaten the public health of San Diego communities.

The utility companies say natural gas power plants are “clean,” even though they emit lots of green house gases, particulate matter, carbon monoxide and hazardous air pollution.

California doesn’t need these power plants—the state has already committed to meeting energy needs via energy efficiency and renewable energy. It is simply a ploy by greedy utility companies that puts the health of the community at risk. And it happens all the time. Latinos are highly impacted by air quality issues—suffering from asthma and respiratory illnesses at alarming rates.

 Latino communities in San Diego are already disproportionately impacted by health issues related to poor air quality, and will be hurt first and worst by climate change. These power plants will harm the health and quality of life in communities of color, and we need to say loud and clear: our communities deserve better!

Emilio Luna speaks out at the demolition of the South Bay Power Plant against dirty energy. Now his health is threatened once more from San Diego Gas & Edison’s new proposed power plants. Photo courtesy of Environmental Health Coalition.

2012 was a year of inspiration and growth for our coalition. Throughout the course of the year, we battled big utility companies, engaged new community leaders who live with the day-to-day impacts of environmental inequalities, navigated the complex world of California politics and policy, and built our organizational infrastructure. Read all about our first ever Year in Review!

Highlights from 2012:

• Advancing the first small-scale clean energy proposal that specifically targets environmental justice communities
• Pushing the California Energy Commission to address the clean energy needs of environmental justice communities
• Potentially stopping the construction of three new natural gas power plants – final decision from the Public Utilities Commission expected on December 20th
• Moving the California Environmental Protection Agency to develop a Cumulative Impact tool
• Establishing Green Zone local campaigns across California
• Hosting our hugely successful, 150 person Member Congreso

2013 is full of exciting opportunities for CEJA, and we will build off our hard work of the past year to continue growing a strong movement for environmental justice in California and beyond!

We are extremely excited to announce that CEJA is expanding our team! Join our dynamic coalition and help build a strong voice and movement for environmental justice in California. We are in a period of growth and need someone who can help sustain and grow our fund development and communications work. Click here for the job description.

CEJA is fighting to build clean energy and win green jobs in low-income communities and communities of color. That’s why CEJA endorses Proposition 39. If passed, Prop. 39 will dedicate $550 million annually for five years to increase revenue for energy efficiency and clean energy jobs.

Proposition 39 tackles two big issues for environmental justice communities: it brings in more revenue desperately needed in California by ensuring corporations pay their fair share, and it opens up an opportunity to create thousands of jobs in low-income communities that need them the most. Read more about Prop 39 here.

Prop. 39 will move California beyond fossil fuels and support energy efficiency retrofits and clean energy projects in public schools. We support Proposition 39!

CEJA also joins our allies in the labor movement to say: NO on Proposition 32! Many CEJA members, unions, and community-based organizations across California are working to stop Proposition 32. The deceptive initiative will allow corporate CEOs to further influence our political system. It is framed as stopping special interest, but in reality it creates huge exemptions for big businesses while limiting the voice of unions, including teachers, nurses, and many working people. Low-income communities and communities of color already face an uphill battle in fighting the influence of polluting corporations on elected decision-makers, and if Proposition 32 wins it will give industries like big oil even more sway.

Check out these great videos that explain why Prop 32 is “Not what it seems”:

• League of Women Voters video
• Spanish video

Left: Cumulative Impact map of Oakland. Red areas are “highly impacted,” environmental justice communities.
Right: Communities map cumulative impacts in their region.

CEJA has worked for the past two years with leading researchers to develop statewide maps of Environmental Justice communities. Check out the statewide maps. The maps were created by the Environmental Justice Screening Methodology, a tool that scientifically identifies communities that are highly impacted. CEJA has worked with leading researchers Rachel Morello-Frosch (UC Berkeley), Jim Sadd (Occidental College) and Manuel Pastor (University of Southern California) to help refine their model. In 2011, we field-tested the tool in 11 environmental justice communities across California.

Cumulative Impacts is a technical term to describe the lived reality in many low-income communities and communities of color. Residents in these neighborhoods are constantly bombarded by a range of environmental issues, pollution sources, and social and economic stressors, such as high unemployment or unaffordable housing. Unfortunately, environmental and community development policies do not take  a comprehensive, holistic view of how these issues impact a person’s health and well-being. The time has come to take action on Cumulative Impacts. Environmental Justice communities have suffered for too long under policy frameworks that fail to address the reality of living amidst many pollution sources.

Now, a branch of the California Environmental Protection Agency is creating its own Cumulative Impact tool. We are excited about this forward movement, but want to make sure the tool accurately captures environmental justice communities.

We  believe the most important next step on Cumulative Impacts is to start using a cumulative impact tool policy development to help improve decision-making to achieve change in EJ communities. Stay tuned for updates on this important issue!

In the last days of the legislative session, CEJA members and our allies went head-to-head with big utilities in the halls of Sacramento. Facing an army of lobbyists funded by California’s three biggest utilities, we flooded Senate offices phone calls and spent long hours in the Capitol fighting for AB 1990, “Solar For All,” (authored by Assemblymember Paul Fong). Ultimately, the big utilities were able to peel off enough weak Senators to kill Solar For All on the Senate Floor.

The bill passed the Assembly and two Senate Committees, and was predicted to pass the Senate Floor – just one step away from being signed into law. In the last days of the session, Pacific Gas & Electric, San Diego Gas & Electric, and Southern California Edison utility companies mobilized statewide and even nationally to squash AB 1990 because of the precedent is would set. It would have democratized energy production and forced the utilities to engage in a program that focuses on benefits to low-income communities and communities of color, instead of benefits to the bottom line.

CEJA is deeply disappointed in the moderate democrats who sided with big utilities instead of their own constituents. These moderate democrats represent areas with the highest rates of pollution from dirty power plants and oil refineries, and the highest rates of unemployment – areas such as Huntington Park, East Los Angeles, Kern County, the Mission District in San Francisco, Chula Vista, Santa Ana, and the San Fernando Valley. Instead of representing the needs of residents in their districts, they sided with industry and either voted against AB 1990 or failed to vote at all.

Despite the big utilities stealing the last step in our victory, we achieved great things throughout the AB 1990 campaign. We will use the momentum from this year to continue to push for renewable energy in low-income communities and to bridge the “green divide,” targeting key agencies like the California Public Utilities Commission and the California Energy Commission. We have grown stronger, and are ready to take on the big utilities and to hold our elected officials accountable.CEJA is deeply grateful for the community leaders and supporters who stepped up and made their voices heard to support Solar for All.

Thank you for your commitment and let’s continue the fight!

Check out this great article on AB 1990 featuring CEJA member Environmental Health Coalition!

Solar for All is just steps away to becoming law, but utility companies have sent in an army of powerful lobbyists to the Capitol to kill the bill.  Don’t let them steal this victory for low-income communities.  READ MORE