California Indian Environmental Alliance

Sponsored by Environmental Health Legislative Working Group (EHLWG)

Legislation Education &

Lobbying Workshop

DRAFT

Bill Montes-Pack Legislative Analyst bill@cieaweb.org

California Indian Environmental Alliance

September 26, 2010 Orleans, California

Laser printer paper from sustainable souces, divider paper from 100% recycled

California Indian Environmental Alliance DRAFT

Page 1 of 12

Agenda

Saturday, September 26th 2010

Noon Lunch and Chat 1:00PM Plenary: Mercury in Body & In the Environment

(1 ½ hours) Sherri Norris, California Environmental Alliance 2:30PM Regulatory Update: TMDLs Andria Ventura, Clean Water Action OR Legislation & Lobbying Workshop Bill Montes-Pack, California Indian Environmental Alliance 3:00PM Who’s Doing What? 4:00PM Next Steps

California Indian Environmental Alliance DRAFT

Page 2 of 12

Legislation & Lobbying Workshop

1. Introduction 2. Understanding the CA State Legislative Process: How A Bill Becomes A Law

a. Legislative Process Game i. Handout: EHLWG CA Legislative Process Summary

b. Legislative Calendar i. http://www.legislature.ca.gov/the_state_legislature/calendar_and_schedules/calendar_schedules.html

3. Committees a. Communicating at a committee hearing

i. Handout: Pesticide Watch’s Working with Committees b. Committee Calendars

i. http://www.assembly.ca.gov/acs/defaulttext.asp click on Daily File ii. http://www.sen.ca.gov/~newsen/schedules/scheduels.htp

4. Lobbying: Communicating Effectively with Legislators & Their Staff a. Platform & talking points

i. Handout: CIEA’s example talking-points b. Campaign

i. Telling your story 1. Handout: Pesticide Watch’s Telling Your Story

c. Collateral i. Business cards

ii. Talking-points sheet iii. Brochures iv. Story

d. Lobbying (handout: ELHWG’s Guide to Communicating Effectively with Legislators)

i. Lobbying exercise ii. Lobbying tips

1. Submitting letters on bills a. Handout: CIEA’s example to Schwarzenegger & Feinstein

2. Setting up meetings in Sacramento or home districts a. Handout: ELHWG’s Meeting with Public Officials

5. Legislation updates a. Proposition-18 ($11 billion water bond) pushed to 2012 ballot (A.B. 1265) b. Tell the FDA That Genetically Engineered Salmon is Not OK! c. Handouts: Factsheets

i. SB 1157 (DeSaulnier) – Healthy Schools Act of 2010 1. passed: to Governor

ii. AB 1963 (Nava) – Farm Workers Health Act 1. passed: to Governor

iii. SB 797 (Pavley) – Toxics-Free Babies and Toddlers Act (Product safety: bisphenol A) 1. active: Senate refuses to concur

iv. SB 929 (Pavley) – Cadmium-containing Children’s Jewelry 1. passed: to Governor

v. SB 194 (Florez) – Equitable Investment in Disadvantaged Communities’ 1. Passed: to Governor

California Indian Environmental Alliance DRAFT

Page 3 of 12

The Legislative Process If you want to create a law

1. Bill Idea 2. Find an Author

a. Author decides how to amend b. Committees do not

3. Legislative Council 4. Rules Committee (senior leadership) 5. Policy Committees (issue areas) 6. Fiscal Committees (AKA Appropriations Committees) 7. First Reading

a. On record & given timeline b. Read on floor of house of origin c. Floor lobbying begins d. Bill changes (amended)

8. Second Reading 9. Pass out of house of origin 10. Other Rules Committees 11. Other House’s Corresponding Policy Committees 12. Other Fiscal (Appropriations) Committees 13. Resolution of Differences (leadership) 14. Bill Goes to Governor (sign or veto)

a. Majority of legislators – 2/3 can override veto Areas of Influences • Almost every step

Types of Influence 1. Call legislative office 2. Testify at committee hearings 3. Lobby 4. Letters & faxes

California Indian Environmental Alliance DRAFT

Page 4 of 12

Committees

If you want to support or defeat a bill What is a committee? Policy committee hearings are the forums for public input, the best place for citizens to communicate their concerns about proposed legislation. Bills are heard in Standing Committees which meet on a regular basis throughout the year. Many standing committees have Sub-Committees that focus in more depth on particular issues. Select Committees and Special Committees study California policy issues and problems in order to develop longer range solutions. Joint Committees have membership from both houses and consider issues of joint concern. (source: California State Senate, http://www.sen.ca.gov/~newsen/committees/committees.HTP) Rules Committees The Rules Committee decides what policy committee a bill will be assigned to based on the subject area. E.g. a Senate bill dealing with health care will be first assigned to the Senate Health and Human Services Committee for policy review (source: EHLWG, California Legislative Process Summary)

Policy Committees These are the committees where you will be providing your feedback regarding a bill that you either oppose or support. The author of a bill will present that bill to the particular committee and testimony will by heard by you. Bills can be amended many times. Letter of support or opposition are important should be mailed to the author and committee members before the bill is scheduled to be heard in committee. It takes a majority vote of the full committee for a bill to be passed by the committee. Prior to a bill’s hearing, a bill analysis is prepared that explains current law, what the bill is intended to do, and some background information. (source: EHLWG, California Legislative Process Summary) Each house has a schedule of committees on their websites:

Senate Committees http://www.sen.ca.gov/~newsen/schedules/scheduels.htp Assembly Committees http://www.assembly.ca.govClick on Assembly Daily File

Fiscal (Appropriations) Committee Bills that cost the state money must be heard in the fiscal committees: the Senate Appropriations or Assembly Appropriations. Each house has a number of policy committees and a fiscal committee.

California Indian Environmental Alliance DRAFT

Page 5 of 12

Lobbying

How to influence a bill

1. Platform & talking points a. Handout: CIEA’s example talking-point sheet

2. Campaign a. Telling your story

i. Handout: Pesticide Watch’s handout: Telling Your Story 3. Collateral

a. Talking-points sheet b. Brochures c. Story d. Business cards

4. Lobbying (Handout: ELHWG’s Guide to Communicating Effectively with Legislators) a. Lobbying exercise (if time) – use CVAQ’s Story-telling cards b. Lobbying tips

i. Setting up meetings in Sacramento or home districts 1. Handout: ELHWG’s Meeting with Public Officials

ii. Submitting letters on bills 1. Handout: CIEA’s example to Schwarzenegger & Feinstein

Your Story

1. Introduce yourself and your organization (if you are working with one) 2. Tell the representative the bill you support or oppose 3. Be brief, professional and inspirational 4. Use emotion to tell your personal story

When Meeting with Legislators or Their Staff

1. Introduce yourself and your organization if you’re representing one 2. Thank them for their past support 3. Distribute talking-points sheet & brochures 4. Update them on your efforts 5. Tell your story 6. Get feedback from them about your issue or campaign 7. Your “Ask” statement (what do you want them to do) 8. Thank you and leave your business card 9. Update your database and send a thank-you note

Submitting letters

1. Legislator’s use letters & faxes to determine public opinion 2. Subject line: support or oppose, bill # 3. Letters MUST have handwritten signature to be counted 4. Submit letters at critical states of legislative process, send to all who have influence

California Indian Environmental Alliance DRAFT

Page 6 of 12

Legislation Updates

Proposition-18 ($11 billion water bond) pushed to 2012 ballot (A.B. 1265) Tell the FDA That Genetically Engineered Salmon is Not OK!

Please join the Center for Food Safety and send your comments about this important issue to the FDA by Saturday, September 18. The hearing for approval is happening this Sunday, September 19. Let the FDA know that genetically engineered salmon are a dangerous threat to our environment and human health! As Native peoples, wild salmon are an integral part of our traditions, cultures, and economies. The "fish" in question have been developed by AquaBounty Technologies and produce growth hormones year round, completing an "advanced" and unnatural life cycle. The impacts of escaped farmed salmon on wild salmon populations are enormous. Don't let the FDA harm wild salmon populations or Native peoples any further! For more information about this issue and to send your comments, please go to : https://secure3.convio.net/cfs/site/Advocacy?cmd=display&page=UserAction&id=325

Handouts: Factsheets

• SB 1157 (DeSaulnier) – Healthy Schools Act of 2010 o passed: to Governor

• AB 1963 (Nava) – Farm Workers Health Act o passed: to Governor

• SB 797 (Pavley) – Toxics-Free Babies and Toddlers Act (Product safety: bisphenol A) o active: Senate refuses to concur

• SB 929 (Pavley) – Cadmium-containing Children’s Jewelry o passed: to Governor

• SB 194 (Florez) – Equitable Investment in Disadvantaged Communities’ o Passed: to Governor

California Indian Environmental Alliance DRAFT

Page 7 of 12

Your Districts

Senate Districts Assembly Districts

California Indian Environmental Alliance DRAFT

Page 8 of 12

CA State Senators CA State Assemblymembers http://www.sen.ca.gov/~newsen/senate.htm http://www.assembly.ca.gov

(Dist. 4 - Rep) (Dist. 1 - Dem) Senator Sam Aanestad Capitol Address State Capitol Room 3063 Sacramento, CA 94248-0001 (916) 651-4004

Assembly Member Wesley Chesbro Capitol Address State Capitol Room 2176 Sacramento, CA 94249-0001 (916) 319-2001

District Address 50 D Street Suite 450 Santa Rosa, CA 95404 (707) 576-2526

District Address 200 Providence Mine Road Suite 108 Nevada City, CA 95959 (530) 470-1846

(Dist. 2 - Dem) (Dist. 2 - Rep) Senator Patricia Wiggins Capitol Address State Capitol Room 4081 Sacramento, CA 94248-0001 (916) 651-4002

Assembly Member Jim Nielsen Capitol Address State Capitol Room 6031 Sacramento, CA 94249-0002 (916) 319-2002

District Address 50 D Street Suite 120-A Santa Rosa, CA 95404 (707) 576-2771

District Address 280 Hemsted Suite 110 Redding, CA 96002 (530) 223-6300

(Dist. 5 - Dem) (Dist. 3 - Rep)

Assembly Member Dan Logue Capitol Address State Capitol Room 4158 Sacramento, CA 94249-0003 (916) 319-2003

Senator Lois Wolk Capitol Address State Capitol Room 4032 Sacramento, CA 94248-0001 (916) 651-4005 District Address 31 East Channel St. Suite 440 Stockton, CA 95202 (209) 948-7930

District Address 1550 Humboldt Road Suite 4 Chico, CA 95928 (530) 895-4217

Dist. 10 - Dem) Assembly Member Alyson Huber Capitol Address State Capitol Room 2179 Sacramento, CA 94249-0010 (916) 319-2010 District Address 218 West Pine Street Lodi, CA 95240 (209) 333-5330

California Indian Environmental Alliance DRAFT

Page 10 of 12

Additional Resources and Links

Secondary committee schedule: http://www.leginfo.ca.gov/todevnt.html Regulatory: How to Participate in the Rulemaking Process http://www.oal.ca.gov/res/docs/pdf/HowToParticipate.pdf Federal: Tribal Court Clearing House http://www.tribal-institute.org/ California Comprehensive Law http://www.ll.georgetown.edu/states/california-in-depth.cfm Regulatory: California Office of Administrative Law Homepage: http://www.oal.ca.gov/(includes schedule of public comment hearings) Regulatory: List of State Agencies http://www.ca.gov/CaSearch/Agencies.aspx

California Indian Environmental Alliance DRAFT

Page 11 of 12

Glossary of Terms Amend: Formal proposal to change the language of a bill after it has been introduced. Appropriations Committee: Both the Senate and the Assembly have Appropriations Committees. Any bill that requires the expenditure of funds must be heard in one of these fiscal committees. This committee looks at how the bill can be financially feasible. Assembly: The lower house of the California Legislature, consisting of 80 members, elected from districts apportioned on the basis of population, who, under term limits, can serve three two-year terms. Author of a Bill: A Senator or Assembly Member who agrees to take leadership on a bill idea through the legislative process. California Code: Bound volumes of law organized by subject matter. The code sections to be added, amended, or repealed by a bill are identified in the title of the bill. Concurrence: The approval by the house of origin of a bill as amended in the other house. If the author is unwilling to move the bill as amended by the other house, the author requests "nonconcurrence" in the bill and asks for the formation of a conference committee. First House: The house where the bill originated; determined by the author being either a Senator or Assembly Member. For instance, if a Senator is the author, then the first house will be the Senate. If an Assembly Member is the author, then the Assembly will be the first house. Floor: The Assembly or Senate Chambers. House of Origin: Either the Assembly or the Senate, depending on whether a Senator or an Assembly Member is the author of the bill. Legislative Counsel: A person who acts as the Legislature’s lawyer, who is directly involved in the drafting of proposed legislation. Legislation: The same as a bill. A proposed law introduced in the Assembly or Senate and identified with a number. Policy Committee: Each house of the Legislature has a number of committees referred to as “policy” committees. These committees hold public hearings where stakeholders can offer testimony in support or in opposition of bills. The committee members then vote in favor of or against passing the bill to another policy committee or to the floor of the house. Examples of policy committees are: “Assembly Committee on Environmental Safety and Toxic Materials” or “Senate Committee on Natural Resources and Water.” Reading of a Bill: When a Senator or Assembly member presents a bill before their own house during a floor session. Rules Committee: A committee that reviews bills and decides which policy committees they should be sent to. This committee also reviews bills to make sure they are going through the correct and appropriate legislative process. Second House: Once the bill passes through the house or origin, it must then go through another house before it can become law. For instance, if a bill passes out of the Senate, it must then go to the Assembly and vice versa. Veto: The Governor's formal rejection of a measure passed by the Legislature. The Governor may also exercise a line item veto, whereby the amount of an appropriation is reduced or eliminated, while the rest of the bill is approved. A veto may be overridden by a two-thirds vote in each house. Senate: The upper house of the California Legislature, consisting of 40 members elected from districts apportioned on the basis of population, one-half of whole are elected or re-elected every two years. Under term limits, can serve two four-year terms.

HELD IN

COMMITTEE

PASSAGE REFUSED

PASSAGE REFUSED

HELD IN

COMMITTEE

COMMITTEERECOMENDATIONSPASS

ProposedAmendments

RevisedThird

ReadingAnalysis

TO ASSEMBLYCOMMITTEERECOMENDATIONSPASS

HELD IN

COMMITTEE

COMMITTEERECOMENDATIONSPASS

ASSEMBLYBILL

PREPAREDBY

LEGISLATIVE COUNSEL

SENATEBILL

PREPAREDBY

LEGISLATIVE COUNSEL

RULESCOMMITTEE

ASSIGNSBILL TO

COMMITTEE

Bill may not be heard by committee until 31st day after

introduction

COMMITTEE HEARING:Policy or Appropriations

CHAIRPERSONAND MEMBERS

TESTIFY:BILL AUTHOR

CITIZENSEXPERTS

LOBBYISTS

RULESCOMMITTEE

ASSIGNSBILLS TO

COMMITTEE

SECONDSENATEREADING

THIRDSENATEREADINGDEBATE

VOTE

FIRSTASSEMBLYREADING

COMMITTEE HEARING:Policy or Appropriations

CHAIRPERSONAND MEMBERS

TESTIMONY BY:BILL AUTHOR

CITIZENSEXPERTS

LOBBYISTS

THIRDASSEMBLYREADINGDEBATE

VOTE

THE LIFE CYCLE OF LEGISLATIONFrom Idea into Law

INTRODUCEDBY

MEMBER,NUMBERED,

FIRSTREADING,PRINTED

RULESCOMMITTEE

ASSIGNSBILL TO

COMMITTEE

Bill may not be heard by committee until 31st day after

introduction

COMMITTEE HEARING:Policy or Appropriations

CHAIRPERSONAND MEMBERS

TESTIFY:BILL AUTHOR

CITIZENSEXPERTS

LOBBYISTS

RULESASSIGNSBILLS TO

COMMITTEE

THE CALIFORNIA LEGISLATURE

A S S E M B LY R U L E S C O M M I T T E E

Although the procedure can become complicated, this chart shows the essential steps for passage of a bill.

Typical committee actions are used to simplify charting the course of legislation.

Some bills require hearings by more than one committee, in which case a committee may re–refer the bill to another committee. For example, bills with monetary implications must be re–referred to the proper fiscal committee in each House before they are sent to the second reading file and final action.

A bill may be amended at various times as it moves through the Houses. The bill must be reprinted each time an amendment is adopted by either house. All bill actions are printed in the DAILY FILES, JOURNALS and HISTORIES.

If a bill is amended in the opposite House, it is returned to the House of Origin for concurrence in amendments. If House of Origin does not concur, a Conference Committee Report must then be adopted by each House before the bill can be sent to the Governor.

SU

GG

ES

TIO

NS

FO

R N

EE

DE

D L

EG

ISL

AT

ION

FR

OM

Ag

enci

es, C

itiz

ens,

Gov

ern

or,

Lo

bby

ists

ASSEMBLYMEMBER

SENATOR

SECONDASSEMBLYREADING

THIRDASSEMBLY READINGDEBATE

VOTE

FIRSTSENATEREADING

COMMITTEE HEARING:Policy or Appropriations

CHAIRPERSONAND MEMBERS

TESTIMONY BY:BILL AUTHOR

CITIZENSEXPERTS

LOBBYISTS

THIRDSENATEREADINGDEBATE

VOTE

RevisedThirdReadingAnalysis

GOVERNOR

RETURN TO ASSEMBLY FLOORConcurrence in Senate Amendments

YES NO

CONFERENCE COMMITTEE3 AssemblyMembers

3 SenateMembers

CONFERENCE REPORT

ASSEMBLYand

SENATEAdopt

ConferenceReport

YES NO

*Follow sameprocedures

as in theAssembly

RETURN TO SENATE FLOORConcurrence in Assembly Amendments

LEGISLATUREHAS 60 DAYS(not includingjoint recesses)TO OVERRIDE

VETO WITH2/3 VOTE IN

EACH HOUSE

BILL IS CHAPTERED BYSECRETARY OF STATE

Bill becomes law January 1st of the following year unless it contains an urgency clause (takes effect immediately) or specifies its own effective date.

ProposedAmendments

PASSED WITH SENATE AMENDMENTS

WIT

HO

UT

SENATE AM

END

MEN

TS

SIGN

PASSED WITH ASSEMBLY AMENDMENTS

WIT

HO

UT

ASSEMBLY AM

END

MEN

TS

BECOMES LAW WITHOUT SIGNATURE

VETO

ProposedAmendments

RevisedThird

ReadingAnalysis

SECONDSENATEREADING

SECONDASSEMBLYREADING

** Assembly policy committeewill do Governor's Veto analysis

PASSAGE REFUSED

INTRODUCEDBY

MEMBER,NUMBERED,

FIRSTREADING,PRINTED

TO SENATE

PASSAGE REFUSED

HELD IN

COMMITTEE

COMMITTEERECOMENDATIONSPASS

RevisedThirdReadingAnalysis

ProposedAmendments

California Indian Environmental Alliance

Sponsored by Environmental Health Legislative Working Group (EHLWG)

Workshop Documents

Laser printer paper from sustainable sources, divider paper from 100% recycled paper

2010 TENTATIVE LEGISLATIVE CALENDAR COMPILED BY THE SECRETARY OF THE SENATE & THE OFFICE OF THE ASSEMBLY CHIEF CLERK

Revised 12-4-09

JANUARY

S M T W TH F S Interim Recess

1 2 Wk. 1 3 4 5 6 7 8 9 Wk. 2 10 11 12 13 14 15 16 Wk. 3 17 18 19 20 21 22 23 Wk. 4 24 25 26 27 28 29 30 Wk. 1 31

DEADLINES Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)). Jan. 4 Legislature reconvenes (J.R. 51(a)(4)). Jan. 10 Budget must be submitted by Governor (Art. IV, Sec. 12 (a)). Jan. 15 Last day for policy committees to hear and report bills introduced in 2009 for referral to fiscal committees (J.R. 61(b)(1)). Jan. 18 Martin Luther King, Jr. Day. Jan. 22 Last day for any committee to hear and report to the Floor bills

introduced in their house in 2009 (J.R. 61(b)(2)). Last day to submit bill requests to the Office of Legislative Counsel.

Jan. 31 Last day for each house to pass bills introduced in 2009 (J.R. 61(b)(3)) (Art. IV, Sec. 10(c)).

FEBRUARY

S M T W TH F S Wk. 1 1 2 3 4 5 6 Wk. 2 7 8 9 10 11 12 13 Wk. 3 14 15 16 17 18 19 20 Wk. 4 21 22 23 24 25 26 27 Wk. 1 28

Feb. 15 Presidents’ Day observed. Feb. 19 Last day for bills to be introduced (J.R. 61(b)(4), J.R. 54(a)).

MARCH

S M T W TH F S Wk. 1 1 2 3 4 5 6 Wk. 2 7 8 9 10 11 12 13 Wk. 3 14 15 16 17 18 19 20 Wk. 4 21 22 23 24 25 26 27 Spring Recess

28 29 30 31

Mar. 25 Spring Recess begins upon adjournment (J.R. 51(b)(1)). Mar. 29 Cesar Chavez Day observed.

APRIL

S M T W TH F S Spring Recess

1 2 3 Wk. 1 4 5 6 7 8 9 10 Wk. 2 11 12 13 14 15 16 17 Wk. 3 18 19 20 21 22 23 24 Wk. 4 25 26 27 28 29 30

Apr. 5 Legislature reconvenes from Spring Recess (J.R. 51 (b)(1)). Apr. 23 Last day for policy committees to hear and report to fiscal committees fiscal bills introduced in their house (J.R. 61(b)(5)).

MAY

S M T W TH F S Wk. 4 1 Wk. 1 2 3 4 5 6 7 8 Wk. 2 9 10 11 12 13 14 15 Wk. 3 16 17 18 19 20 21 22 Wk. 4 23 24 25 26 27 28 29

No Hrgs.

30 31

May 7 Last day for policy committees to hear and report to the floor nonfiscal bills introduced in their house (J.R. 61(b)(6)). May 14 Last day for policy committees to meet prior to June 7 (J.R. 61(b)(7)). May 28 Last day for fiscal committees to hear and report to the floor bills introduced in their house (J.R. 61 (b)(8)). Last day for fiscal committees to meet prior to June 7 (J.R. 61 (b)(9)). May 31 Memorial Day observed.

Page 1 of 2*Holiday schedule subject to final approval by Rules Committee.

2010 TENTATIVE LEGISLATIVE CALENDAR COMPILED BY THE SECRETARY OF THE SENATE & THE OFFICE OF THE ASSEMBLY CHIEF CLERK

Revised 12-4-09

JUNE S M T W TH F S

No Hrgs.

1 2 3 4 5 Wk. 1 6 7 8 9 10 11 12 Wk. 2 13 14 15 16 17 18 19 Wk. 3 20 21 22 23 24 25 26 Wk. 4 27 28 29 30

June 1-4 Floor session only. No committee may meet for any purpose (J.R. 61(b)(10)). June 4 Last day to pass bills out of house of origin (J.R. 61(b)(11)). June 7 Committee meetings may resume (J.R. 61(b)(12)). June 15 Budget Bill must be passed by midnight (Art. IV, Sec. 12(c)). June 24 Last day for a legislative measure to qualify for the Nov. 2 General Election ballot. (Elec. Code Sec. 9040)

JULY S M T W TH F S Wk. 4 1 2 3

Summer Recess

4 5 6 7 8 9 10 Summer Recess

11 12 13 14 15 16 17 Summer Recess 18 19 20 21 22 23 24

Summer Recess 25 26 27 28 29 30 31

July 2 Last day for policy committees to hear and report bills (J.R. 61(b)(13)). Summer Recess begins on adjournment, provided Budget Bill has been passed (J.R. 51(b)(2)). July 5 Independence Day observed.

AUGUST

S M T W TH F S Wk. 1 1 2 3 4 5 6 7 Wk. 2 8 9 10 11 12 13 14

No Hrgs.

15 16 17 18 19 20 21 No

Hrgs. 22 23 24 25 26 27 28

No Hrgs.

29 30 31

Aug. 2 Legislature reconvenes from Summer Recess (J.R. 51(b)(2)). Aug. 13 Last day for fiscal committees to hear and report bills to the Floor (J.R. 61(b)(14)). Aug. 16 - 31 Floor session only. No committee may meet for any purpose (J.R. 61(b)(15)). Aug. 20 Last day to amend on the Floor (J.R. 61(b)(16)). Aug. 31 Last day for any bill to be passed (Art. IV, Sec 10(c), J.R. 61(b)(17)). Final Recess begins on adjournment (J.R. 51(b)(3)).

IMPORTANT DATES OCCURRING DURING FINAL RECESS

2010 Sept. 30 Last day for Governor to sign or veto bills passed by the Legislature before Sept. 1

and in the Governor’s possession on or after Sept. 1 (Art. IV, Sec.10(b)(2)). Oct. 2 Bills enacted on or before this date take effect January 1, 2011 (Art. IV, Sec. 8(c)). Nov. 2 General Election. Nov. 30 Adjournment sine die at midnight (Art. IV, Sec. 3(a)). Dec. 6 2011-12 Regular Session convenes for Organizational Session at 12 noon

(Art. IV, Sec. 3(a)). 2011 Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)).

Page 2 of 2 *Holiday schedule subject to final approval by Rules Committee.

California Environmental Alliance (CIEA) is a tribal environmental health non-profit whose programmatic focus is building partnerships between tribes, agencies, and local governments. We provide health education and hold strategy conferences to build tribal capacity to address mining toxins, which are a threat to native cultures and traditions. Problem Statement: • It is estimated that 11-13 million pounds of mercury is working its way though California’s

rivers, lakes and streams from over 26,000 known abandoned mines left over from the California Gold Rush.

• Each of these mines will cost at minimum $1 million to cleanup. • Recent studies estimate that 74% of our lakes and reservoirs will require regulation, fish

consumption advisories, and remediation. Of these, 26% contain fish unfit for human consumption.

• To many people in our state, including California Indian tribal members, this severs our ability to practice our distinct cultures.

• We have a unique opportunity for tribes, agencies, communities, and legislators to work together to address this need - even in the face of our current economic crisis.

Solutions: CIEA holds annual mercury strategy meetings and is part of a number of working groups with agencies, medical health care providers, community based organizations, and tribes. The following points have become clear: • Cleanup efforts could be revenue generating through partnerships with tribes, agencies, state

government and communities. These can leverage federal funds and provide revenue to local economies. For example: tribes can include studies, community meetings, and/or mine cleanup in their annual federal funding, apply in partnership for new funding or use current regulatory mechanisms for dischargers to support community cleanup and habitat restoration projects.

• There are ways of integrating mercury health education into existing health care service programs such as those for diabetes, nutrition, and childhood lead prevention programs.

• The consultation requirement should take place earlier so that our work is initiated in a more transparent and effective way. In practice, state agencies do not often initiate “tribal consultation” early enough when planning or implementing projects affecting tribes. Consequently, these projects are delayed, cost more, require additional studies, are remanded, or must be reworked when federal approval or oversight begins.

We Invite You To: • Assist us in communicating with your office – join our Listserve and/or identify a point person in

your office for direct communication • Participate in upcoming strategy meetings with tribal representatives, agencies, and community

members

For more information contact us at (510) 848-2043 or by email at sherri@cieaweb.org.

August 28, 2008 Governor Arnold Schwarzenegger State Capitol Building Sacramento, CA 95814 Senator Dianne Feinstein United States Senate 331 Hart Senate Office Building Washington, D.C. 20510 Dear Governor Schwarzenegger and Senator Feinstein, The California Indian Environmental Alliance (CIEA) does not support the Feinstein – Schwarzenegger water bond proposal ABx2 8 slated for the November 2008 ballot. CIEA is a statewide alliance of California indigenous communities. Our mission is to protect and restore California Indian Peoples’ cultural traditions, ancestral territories, means of subsistence, and environmental health. Our program work specifically addresses the human health effects of mining toxins left over from the California Gold Rush by promoting fish consumption and the necessary healthy fish habitat as the best solution for California family health. The following reasons are why we cannot support the Feinstein-Schwarzenegger $ 9.3 billion water bond proposal also known as the ABx2 8 – Safe, Clean, Reliable Drinking Water Supply Act of 2008, A $ 9.3 billion bond is counter-productive in California’s current fiscal crisis Use the current $ 6 billion allocated in the 2006 water bond before taking on additional debt and authorize the $ 800 million in unspent water funds.

Water-conveyance is inefficient and environmentally damaging Previous water-conveyance projects have contributed to the current Delta, Sierra-Nevada and Klamath Watershed environmental catastrophes and statewide ecosystem collapse.

Any future dam and canal construction would create fish migration barriers and further endanger the collapsed Pacific Salmon and Delta Smelt populations. Additionally, dams would be rendered useless if climate change reduces the amount of precipitation and thus the water flowing downstream. Additionally, this bond proposal appears to support construction of the Sites Reservoir which would store water in sediment that contains mercury, providing yet another ecosystem which promotes methylation of this toxin and enables it to become bioavailable to fish and humans.

This bond proposal by-passes legislative and voter oversight We believe that creating a commission would create a conflict-of-interest situation with industry, large agribusiness and contractors and potentially lead to the construction the Peripheral Canal against the wishes of the California voters.

A state-wide, stringent water conservation plan is more cost-effective and sustainable Watershed restoration and improving underground water-storage is a more efficient use of funds and is sustainable. Implementing water conservation is far less costly than this $ 9.3 billion proposal. Currently, some large regional authorities such as the San Diego Water Authority have no plans to implement mandatory water conservation programs for residential or industrial users. These should be done first. Additionally, a strategic water policy that improves management of existing water storage, implements strict water conservation and encourages the recovery of fish populations is far more cost-effective and will provide future water savings far into the future. The health and survival of California Indian Peoples depend on the health of their traditional environment and subsistence resources and we therefore cannot support this expensive and destructive Feinstein – Schwarzenegger bond proposal. Sincerely,

Sherri Norris Executive Director California Indian Environmental Alliance sherri@cieaweb.org

Sample Letter:Sample letter from: S. Craig Tucker, Ph.D. Klamath Campaign Coordinator Karuk Tribe of California 530-627-3446 x3027 ctucker@karuk.us www.karuk.us

Honorable Chair Fran Pavley Senate Natural Resources Committee State Capitol Sacramento, CA 95814

Re: Support SB 670

Dear Senator Pavley and Members of the Committee,

I am writing to urge your support for SB 670, introduced by Senator Pat Wiggins to put a moratorium on motorized dredge mining pending a full scientific review and update of rules. Your Board has a key role in protecting our state’s water, and we believe that you are right to be concerned about the impact of suction dredging on the state’s water and native fish. This bill is scheduled to come before your committee on April 28, 2009.

Currently recreational dredge miners are damaging fisheries around the state by using motorized suction pumps to literally vacuum up our river beds and spawning grounds. The rules that govern this practice are woefully outdated.

California Department of Fish and Game was ordered by the California courts to undergo a CEQA review and rule change as a result of a Karuk Tribe lawsuit filed in 2005. The courts ordered DFG to complete the review and make appropriate rule changes by July 2008, but they have not met this deadline.

SB 670 would place a temporary moratorium on the issuance of dredge permits by the Department of Fish and Game until a thorough scientific review of the impacts is completed and regulations are revised.

Our native fish are going extinct and our water quality is being diminished on our watch. With SB 670 we can begin reverse this trend.

Sincerely, Your name and organization

Cc: Senator Wiggins Governor Schwarzenegger

Gold Mining, Mercury and Suction Dredging Excerpts from “Minings Toxic Legacy” by

The Sierra Fund 2008

An estimated 26 million pounds of mercury were used to extract gold from ore in California, most of it in the Sierra Nevada Gold Country(1). Of this, an estimated 10 million pounds were lost to the environment in placer mining operations and another 3 million pounds were lost from hard rock mining(2).

Elemental mercury or “quick-silver” is still commonly encountered in Sierra watersheds. Recent studies by the Delta Tributary Mercury Council indicate that runoff and erosion from gold mines in the Sierra are a significant source of mercury to the Sacramento Delta(3).

In the suction dredging process miners remove gravels from the riverbed with a suction hose powered by an engine, and then use pans or other methods to retrieve the gold. Suction dredgers often encounter mercury and gold-mercury amalgam, which tend to fall into the cracks of the riverbed like gold. Suction dredges re-suspend and “flour” mercury, increasing the surface area and making it more readily available for bacteria to methylate(4).

Dredgers collect the mercury and amalgam, and retort it or treat it with nitric acid to release any gold that may have amalgamated with the mercury. They then recover the mercury and usually store it, though some miners dispose of it in an unauthorized manner, such as pouring it back into the river, onto the ground, or in to municipal sewer systems.

The full text of “Mining’s Toxic Legacy” can be downloaded from The Sierra Fund’s website: www.sierrafund.org/campaigns/mining

(1)Alpers, C., P. R Hunerlach, J. T.May, and R. Hothem. (2005a). Mercury Contamination from Historical Gold Mining in California. U.S. Geological Survey Fact Sheet 2005-3014

(2)Churchill, R. K. (2000). Contributions of Mercury to California’s Environment from Mercury and Gold Mining Activities–Insights from the Historical Record. Extended abstracts forthe U.S. EPA-sponsored meeting, Assessing and Managing Mercury from Historic and Current Mining

(3)Delta Tributary Mercury Council. (2002). Strategic Plan for the Reduction of Mercury-Related Risk in the Sacramento River Watershed. DeltaTributary Mercury Council http://www.sacriver.org/subcommittees/dtmc/documents/DTMCMercuryStrategyPlan.pdf.

(4)Humphreys, R. (2005). Mercury Losses and Recovery during a Suction Dredge Test in the South Fork of the American River. California State Water Board Staff Report. Sacramento, CA.

For more information contact: Debbie Davis (916)743-4406 debbie@ejcw.org or Vern Goehring (916) 444-8194 vern@cal.net

AB 1242 [RUSKIN] –THE HUMAN RIGHT TO WATER Co-Sponsors: Alliance for Democracy, Community Water Center, Environmental Justice Coalition for Water, Food and Water Watch, Unitarian Universalist Legislative Ministry Action Network - CA,

Unitarian Universalist Service Committee, Urban Semillas Support: la Asociación de Gente Unida por el Agua (AGUA), AGUA Youth, Breast Cancer Action, California League of Conservation Voters,

California Nurses Association, California Rural Legal Assistance Foundation, California Teachers Association, Californians for Pesticide Reform, Catholic Charities – Stockton Diocese, Center for Environmental Health, Clean Water Action, Comité Civico Del Valle, Committee for

a Better Alpaugh, Committee for a Better Seville, El Quinto Sol de America, Fort Ord Environmental Justice Network, Federation of Retired Union Members of Santa Clara County, Green LA Coalition, Movement Generations, Natural Resources Defense Council, Pacific Coast

Federation of Fishermen’s Associations, The Plainview Mutual Water Company, Pesticide Action Network North America, Planning and Conservation League, San Francisco City and County, San Jerardo Cooperative, Santa Clara FORUM, Sierra Club California, Southern

California Watershed Alliance, Unidos Para Cambio en Tooleville, Vecinos Unidos, West County Toxics Coalition, West Goshen Mutual Water Company, Wildcoast, Winnemem Wintu Tribe, The Women’s Foundation of California, Women’s International League for Peace and Freedom,

several hundred individuals

IN BRIEF More than 150,000 California residents lack safe water for drinking, bathing, and washing dishes. Even more have water service disconnected because they cannot afford to pay their water bill. This legislation will establish the right of every human to have access to clean water for basic human needs as a State policy and instruct State agencies to conform their practices and programs to this policy. THE ISSUE More than 11.5 million Californians rely on water suppliers that faced at least one violation of State Drinking Water Standards. As many as 8.5 million of us rely on supplies that experienced more than five exceedences in a single year. In far too many communities, whose sole water supply is contaminated, families unable to afford treatment are often left entirely without safe water. The Central Valley and Central Coast regions, where more than 90% of the communities rely solely on groundwater, are at particular risk. In addition to public health threats, Californians are faced with rising water bills to treat contamination and upgrade old infrastructure, which if neglected could even offset the benefits of treatment. California does not have a universal statewide lifeline water rate or allocation – similar to our lifeline rates for energy and phone service – so when costs become excessive, families cannot pay their bills and, thereby, they risk losing water service entirely. EXISTING LAW Existing Public Utilities Code Section 739.8 establishes “access to an adequate supply of healthful water [as] a basic necessity of human life, and shall be made available to all residents of California at an affordable cost.” This statute applies to all water providers regulated by the California Public Utilities Commission. Dozens of state agencies have some regulatory authority over potable water availability and quality including the Department of Public Health, the State Water Resources Control Board, and the Department of Water Resources. FIRST STEP SOLUTION AB 1242 creates a policy of the State that includes all State agencies, in addition to those agencies regulated by the PUC, that share responsibility for the quality and supply of potable water. By doing so we ensure that all agencies appreciate their

role in ensuring that every person has access to clean, affordable water. Adding a provision to the Water Code explicitly stating that access to an amount of clean water necessary for basic human needs is a “right” of every Californian and instructing State agencies, dealing with water resources, to conform their programs and practices to this policy will pave the way to ensure that every Californian will someday be able to confidently fill a glass of water from their tap and serve it to their families. LONGER TERM SOLUTION By setting a clear priority on providing clean affordable water for basic human needs, the Legislature will unmistakably focus State efforts on closing the existing gap that persists between protecting drinking water and ensuring all residents have a sufficient supply of clean water so as to sustain healthy living. In addition, this bill will help identify and generate solutions to hurdles that frustrate the provision of clean drinking water to all people, including:

• Lack of long-term monitoring of drinking water quality. • Apparent conflict between the State’s interest in ensuring

public health and the view that ground water is a local issue. • Inadequate understanding of the trade-offs and integration

in decisions regarding the use of ground water or surface water.

• Gaps in regulating the quality of ground water used largely for drinking and other personal uses.

• Lack of consideration given to the cost of actually providing, or not providing, clean drinking water to people’s residences, including, health costs, student illnesses, lost worker productivity, etc.

• Inability of some communities to be self-sufficient in providing clean water due to inadequate financial resources and inappropriate allocation of costs.

• Need to ensure maximum value from the allocation and use of existing and future funding.

• Inappropriate allocation of costs to ensure a reliable supply of clean drinking water to meet everyone’s basic health needs.

California Indian Environmental Alliance DRAFT

Page 9 of 12

Questionnaire

1. Will you be engaging in lobbying, campaigning for an issue?

2. Was the workshop informative?

3. What did you like best about the training?

4. How can we improve the training?

5. On a scale of 1-10 how helpful was the legislative game? _________

6. For the next legislative workshop would you be interested in:

Federal legislation & regulations? ( Y / N ) State regulations? ( Y / N ) International treaties? ( Y / N ) Litigation? ( Y / N ) Case law ( Y / N )

7. Anything else to add?

Thank You!