December 2009 California Today, PLanning and Conservation League Newsletter

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    CALIFORNIA TODAYCALIFORNIA TODAYNews l e t t e r o f th e Pl ann ing & Conse r va t i on League PLANNING AND CONSERVATION LEAGUEPLANNING AND CONSERVATION LEAGUE FOUNDATIONDecember 2009 Volume 39, Number 4

    Legislative Wrap-up: What Started With Hope Ends With aWhimpeBy: Tina Andolina

    The Building

    This year started with great hope since our golden state

    finally had a partner in Washington committed to

    championing environmental protections and advancing public

    health. However, in 2009, it was California lagging far behind

    other states and missing important opportunities to advance

    clean energy and tackle pollution and toxics.

    While the State Legislature was lackluster in the bills theysent to Governor Schwarzeneggers desk this year, he was

    aggressive with his veto pen -- rejecting most of the top

    environmental bills on his desk, including measures aimed at

    improving the quality of life for all Californians and boosting

    our economy through the creation of local and sustainable

    green jobs.

    Left on the cutting room floor was a landmark package of

    bills designed to establish the first-in-the-nation 33% renewal

    energy standard. The major pieces of the package, SB 14

    (Simitian) and AB 64 (Krekorian) were the result of countless

    hours of negotiations between a vast array of organizationsand businesses interested in Californias energy policy. By not

    signing these landmark bills the Governor has cost California

    an opportunity to send a strong message to Washington, D.C.

    at a time when the nation is debating energy and climate policy.

    State Parks also saw no mercy from the Governor and his

    menacing pen. After threatening to close parks throughout

    California before backing away and simply slashing the State

    Parks budget to the bone, the Governor added salt to the

    wound by vetoing two critical bills aimed at protecting our

    states parks. SB 372 (Kehoe) and SB 679 (Wolk) would h

    increased protections for state parks at a critical time w

    efforts to dismantle our states natural heritage seem relentl

    The Governor also vetoed Assembly Member Rusk

    Human Right to Water measure, AB 1242. This comm

    sense legislation enjoyed bipartisan support and would h

    finally directed the state to prioritize funding to ensureCalifornians have clean drinking water. And despite the

    need for new jobs in California, and the promise the new gr

    economy holds in helping us out of this recession,

    Governor vetoed a critical green jobs bill, AB 1404 (DeLe

    This would have ensured global warming emissi

    reductions and its generation of green jobs in California.

    While the Governor deserves no praise for his actions

    year, we are pleased with two bills that were signed. AB 1

    (Evans), a bill sponsored by the Planning and Conserva

    League, California Council of Land Trusts and the Califor

    State Parks Foundation, will ensure conservation projaffected by the freezing of state payments earlier this year

    remain viable. Also, AB 920 (Huffman) allows customers w

    generate extra solar power to finally get paid to send t

    excess power back to the grid.

    Overall this year, the Governors green batting averag

    unimpressive. We hope that in his final year at the helm,

    Governor will strive to up that average and leave Califor

    a better, greener state than he found it.

    CALIFORNIA TODAY Planning and Conservation League & PCL Foundation

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    Dear Friends,

    California AffiliateNational Wildlife Federation

    CALIFORNIA TODAY(ISBN 0739-8042)is the quarterly newsletter of the

    PLANNING AND CONSERVATION LEAGUEAND THE PCL FOUNDATION

    1107 Ninth Street, Suite 360, Sacramento, CA 95814

    PHONE: 916-444-8726 FAX: 916-448-1789

    E-MAIL ADDRESS: [email protected]

    WEB ADDRESS:http://www.pcl.org

    Membership to PCL is $35 a year and includes a

    subscription to CALIFORNIA TODAY.

    Periodicals postage paid at Sacramento, CA. Published at

    other additional offices.

    POSTMASTER: Send address changes for

    CALIFORNIA TODAY to the PCL Office:

    1107 Ninth Street, Suite 360, Sacramento, CA 95814

    PCLF BOARD OF TRUSTEESDAVID HIRSCH, Chairman

    RALPH B. PERRY III, Vice Chairman

    DANIEL S. FROST, Secretary-Treasurer

    COKE HALLOWELL, Trustee

    GERALD H. MERAL, Trustee

    PCL EXECUTIVE COMMITTEEBILL CENTER, President

    KEVIN JOHNSON, Senior Vice President

    LYNN SADLER, Senior Vice President

    SAGE SWEETWOOD, President Emeritus

    JOHN VAN DE KAMP, President Emeritus

    REGIONAL VICE PRESIDENTSELISABETH BROWN

    JAN CHATTEN-BROWN

    PHYLLIS FABER

    RICK HAWLEY

    FRAN LAYTON

    DOUG LINNEY

    DAVID MOGAVERO

    STEPHANIE PINCETL

    TERESA VILLEGAS

    TERRY WATT

    BILL YEATES

    ORGANIZATIONAL BOARD MEMBERSBig Sur Land TrustBreathe California, Sacramento-Emigrant Trails

    California Association of Local Conservation Corps

    California Oak Foundation

    California Trout

    Greenspace - The Cambria Land Trust

    Golden Gate Audubon Society

    The Laguna Greenbelt, Inc.

    Mono Lake Committee

    Mountain Lion Foundation

    Sierra Nevada Alliance

    Southern California Agricultural Land Foundation

    Train Riders Association of California

    The Trust for Public Land

    PCL/PCL FOUNDATION STAFFTRACI SHEEHAN, Executive Director

    TINA ANDOLINA, Legislative Director

    EVON CHAMBERS, Water Policy Assistant

    CHARLOTTE HODDE, Water Policy Specialist

    DR. MONICA HUNTER, Central Coast Water Project Manager

    JONAS MINTON, Senior Water Policy AdvisorJONATHAN BERNSTEIN, Administrative Manager

    PAUL GILLIGAN, Sierra Nevada Americorp Member

    MIGUEL LUNA, Water Policy Consultant

    DAVID MAURIER, Water Policy Analyst

    AMBER SCHMAELING, Membership & Development Coordinator

    MATT VANDER SLUIS, Global Warming Project Manager

    MELANIE SCHLOTTERBECK, Grants & Outreach Consultant

    California is known for our green and gold policies -- our successful policie

    promoting both the environment and our economy.

    Despite this balanced and successful approach, deep in a recession, we saw

    Governor and some members of the California Legislature take short-sighted

    misguided actions that will have a negative impact on the economy

    environment.

    At the end of the Legislative session this year, the Legislature tunprecedented actions that not only undermined Californias landm

    environmental laws, but also meddled in the courts jurisdiction for the first ti

    ever. These decisions will have repercussions for the next decade. Heres what they

    1. Allowed two highly contentious local decisions to stand, despite the fact t

    both were challenged in the courts for violating the California Environmen

    Quality Act (CEQA). How did they do this? They simply exempted both proj

    from CEQA. Nearly 40 years old, CEQA, is considered Californias prem

    environmental law, allowing local residents to be involved in the decisions t

    impact their community. When projects get

    a CEQA exemption it means no review, no

    analysis, no local input. And these were not

    small projects with minimal impacts. The

    projects that will move forward include a

    massive NFL Stadium in the San Gabriel

    Valley (east of L.A.) and new power plants in

    Southern California. Now, with this

    precedent, we should expect more project

    proponents, big and small, to rush to the

    Legislature next year asking for an

    exemption for their project.

    2. On November 11th, when most folks were sleeping, the Legislature pusthrough a package of bills and a bond that rewarded bad actors instead of solving

    water needs of real people and the environment. The corner piece of the new de

    an $11.1 billion taxpayer-funded scheme that will appear on the November 2010 ba

    Instead of making progress on our states water issues, the Legislature capitulate

    pressure from big corporate water interests and passed a package full of outdated id

    and the same policies that have lead to the current water crisis that we face.

    In the end of session, the Governor vetoed most of the environmental bills

    came to his desk.

    What does it all mean for 2010? A lot. We need to change this tide befor

    sweeps away the important gains weve made to clean our air and water, protect

    natural resources, and improve the quality of life for Californians. Look out for wyou can do at our yearly Legislative Symposium in January and stay in touch w

    our upcoming blog and Insider updates by visiting www.PCL.org.

    Sincerely,

    Traci Sheehan

    Executive Director

    CALIFORNIA TODAY Planning and Conservation League & PCL Foundation2

    The stadium is proposed at the juncture of tw

    already overcrowded freeways -- the 57 and 60

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    Texas-based Plains Exploration and Production

    Company (PXP) is continuing its well financed PR effort

    to drill in state waters for the first time in decades. PXP

    claims to offset its risky and destructive plan with

    purported environmental benefits, but Californians

    should not be fooled and this misguided drilling proposalmust be defeated.

    Over 100 environmental groups including Sierra

    Club, Surfrider Foundation, the Planning and

    Conservation League, the Natural Resources Defense

    Council, Audubon, and Environment California oppose

    PXPs plan to drill in California Sanctuary Act waters,

    just three miles off the coastline in Northern Santa

    Barbara County.

    PXP is attempting to reassure the public with terms

    like the best technology and the most advancedscience. Never mind that the 1997 spill from the same

    platform spewed 7,000 gallons of oil, killing at least

    1,450 birds and leaving a 17-mile coastal stain that took

    10 years to clean up.

    This advanced science has resulted in a continuing

    spill in Australia which began on August 21 averaging

    16,800 gallons a day. The state-of-the-art rig, built in

    2007, has been pouring oil into the sea for more than two

    months producing an oil slick that has grown to nearly

    4,000 square miles. The rig is now on fire.

    PXPs plan calls for up to 28 new wells and weshould expect more and larger spills. How long do you

    think it would take for a PXP spill to reach our beaches?

    Who can guarantee it wont happen?

    PXP promises environmental benefits, but, as the

    Los Angeles Times put it, The problem with these

    promises is that they were written in the sand at low

    tide. The State Lands Commission (SLC) and the

    Attorney Generals Office concluded that the

    environmental benefits of the project could not be

    reliably enforced. Dont count on the 4,000 acres of

    donated land PXP promised for this deal any time soon.

    PXP acknowledged to the SLC when talking about the

    property that there are insurmountable title issues. The

    SLC concluded that title problems could prevent some of

    the donations from occurring at all.

    PXP also dangles oil drilling end date. They dont

    tell you that only Congress can impose an end date on

    federal leases. There is no reason to believe this will

    happen. The U.S. Minerals Management Service (MMS)

    has stated that it would refuse to approve a Developm

    and Production Plan for use of Platform Irene for [

    PXP project] if it included an end date.

    Fortunately, in January 2009, the SLC saw th

    flaws and rejected the first new lease in Califor

    Sanctuary Act waters in 40 years. After its loss at SLC, PXP tried to shove its deal into the state bud

    through last-minute, dark-of-night legislat

    skullduggery. Again, the Los Angeles Times wrote, T

    states financial crisis should not be used as an excuse

    force a dubious deal on offshore oil drilling. Assem

    Democrats agreed and decisively defeated t

    ill-conceived bill.

    This oil company spent millions to defeat a ba

    initiative revenue plan (Proposition 87, 2006) that wo

    have turned California away from fossil fuels and plaus on the road to renewable energy. I am confident P

    will spend millions again to avoid paying its fair sha

    as mandated by my bill Assembly Bill X6 1 that institu

    an oil extraction tax, which will move us to a green

    stronger California.

    PXP will never agree to the same sort of reve

    Alaska, Texas, and every other major oil-producing st

    -- except California -- receives from oil companies

    reasonable contribution from oil companies that drill h

    could generate $1.5 billion annually for funding crit

    public safety, health, and social programs that hsuffered drastic cuts over the last two years. This is

    times more than PXP says it will pay for its sweethe

    deal to drill and pollute off our coast.

    California deserves better than what PXP ha

    trade. Both the State Lands Commission, the Califor

    State Assembly and every leading environmental gr

    has told PXP that its deal is not for us.

    .................................................

    Pedro Nava, a former prosecu

    currently represents the 35th Assem

    District (Ventura and Santa Barba

    is the Assembly representative on

    California Ocean Protection Cou

    and is a member of the Nati

    Caucus of Environmental Legisla

    California and Off-Shore Oil DrillingBy: Assembly Member Pedro Nava

    From the Office of Pedro Nava

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    2010 Symposium: Greening Californias LandscapesBy: Melanie Schlotterbeck

    Greening Californias LandscapeSmart Solutions for a New Era

    We invite you to attend the Symposium on Saturday,

    January 30, 2010 to bring new solutions to the table and green

    Californias many landscapes.

    Every year, through the Symposium, we educate decision

    makers, business leaders, community members, non-profit leaders,attorneys and planners about environmental issues. By

    combining our individual and collective experiences and

    perspectives we can envision a greener landscape, and unleash

    innovative remedies for some of our most critical problems.

    We need experts and stakeholders from all walks of life and

    on all sides of the issue to contribute to this discussion. Bring

    your skills, your ideas and your energy to this solutions-oriented

    event as we contemplate and create new ideas to move

    California in a greener direction.

    More information is available online at: www.PCL.org

    The Symposium Details

    Date: Saturday, January 30, 2010

    Symposium: 9:00 AM - 5:00 PM

    Cocktail Hour: 5:00 PM - 6:00 PM

    Location: Sacramento Convention Center

    Ballroom Level

    1400 J Street, Sacramento, CA 9581

    Session Highlights

    THE PROS AND CONS

    OF DESALINATIONWith recent decreases in costs of reverseosmosis membrane technologies, the prospectof relatively large scale seawater desalinationplants is now on the minds of water districtmanagers throughout California. But, theprocess is fraught with legal and technicalhurdles. Desalination plant proponentsessentially have three arenas within whichregulatory and environmental concerns must be

    addressed: Local Government, CoastalCommission, and Regional/State Water Boards.Participants will hear the legal, economic andagency viewpoints of desalination and discoverpossible solutions to adequately mitigatingconcerns over desalination plant environmentalmpacts. MarcoGonzalez, Coast Law Group Steven Kasower, Strategic EconomicApplications Company

    KevinWattier, Long BeachWater DepartmentCM I 1.25 I Law

    CLE

    FROM SEEDLING TO SPRUCE:

    GROWING GREEN JOBSIn addition to climate change and otherenvironmental crises, the Golden State currentlysuffers from some of the worst unemployment inthe states history. Many of our low paying jobsare part of the grey economy, damaging theenvironment while exposing workers to unsafeconditions. Growing Californias green jobs isnot a luxury; its an imperative. How do weconvert grey jobs into green jobs? How do wepull people out of poverty and into the greeneconomy? Are we missing opportunities tocreate green jobs in the formulation ofenvironmental policy and vice versa? Threegreen economy experts will discussmechanisms for promoting social equity andenvironmental protection through expandingCalifornias green job supply. Rafael Aguilera, Verde Consulting Group Joshua Bar-Lev, BrightsourceEnergy TimRainey, California Labor Federation

    HOW TO... CREATE A TRANSIT

    ORIENTED DEVELOPMENTSince World War II, California cities, have given their form -- suburban sprawl -- byhighway system. Now we have a hchallenge: the greener cities of the generation must be shaped by transit. Thegeneration of planners and builders mrediscover the lost arts of shapingregions, cneighborhoods, streets, blocks and buildaround transit. In this session, youll heastory of how one Bay Area city seizedinitiative to re-shape itself around transit. Lhow form-based zoning codes, structured pparticipation and redevelopment finance transform how Californians build their habitat. Youll also hear how neighbors future residents are getting involved in doof planning processes for neighborhoods transit across the Bay Area. Jeff Hobson, TransForm SteveLawton,City of Hercules

    CM I 1.25

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    REGISTRATION FORM

    Name

    Organization

    Address

    City, State Zip

    Phone

    Email

    Meal Selection: Italian Stuffed Chicken Stuffed Portobello Mushroom Vegan Dish

    RegistrationOption: CLE AICP

    Payment Options:

    Member Code: ______________ Amount: $_____(printed above the mailing label)

    1. Credit Card: register online at: www.PCL.org or fill out thi

    form and fax it to: 916-448-1789, ATTN:Amber Schmae

    Credit Card # (Visa/MC) Exp. Date

    2. Check- make payable to PCL and mail with form to:

    Planning and ConservationLeague

    Attention:AmberSchmaeling

    1107 9th Street, Suite 360

    Sacramento CA95814

    E-NewslettersAs part of registering for the Symposium you will be subscribed to our free, weee-newsletter, the PCLInsider. Know that you may remove your name from our at any time by following the unsubscribe link provided in the newsletter.

    Photographs & Videos: Please be aware that PCLand PCLF will be takingphotographs of the event, which will be used in our publications and on the webmay possibly record videos of the event as well.

    CLE & AICP CM Credit

    This year AICP members can earn Certification

    Maintenance (CM) credits for many activities at this

    event. PCL and PCLF certify that this activity has also

    been approved for 4.5 hours of CLE credit by the State

    Bar of California.

    Award Winners

    PCL and PCLF will celebrate and pay tribute to the

    work of the environmental heroes of 2009 during anAwards Luncheon:

    Assembly Member Pedro NavaLegislator of the Year

    Bill YeatesCarla Bard Award for Individual Achievement

    Mother Lode Chapter, Sierra ClubDavid Gaines Award for Non-Profit Work

    Debbie DavisEnvironmental Justice Advocate of the Year

    Martha DavisDorothy Green Water Policy Advocate of the Year

    Small Business CaliforniaEnvironmental Business of the Year

    Event Sponsors (to date)

    Kenyon Yeates Chatten-Brown & Carstens AFSCME Local

    2428 California Association of Conservation Corps Camp

    Lotus DMB Associates East Bay Municipal Utility District

    Mogavero Notestine & Associates Laguna Greenbelt, Inc.

    Linda & Byron Sher Phyllis Faber Rossman and Moore LLP

    Shute, Mihaly & Weinberger Terry Watt Carole & Peter

    Clum Community Conservancy International Inland Empire

    Utilities Agency Marin Conservation League M.R. Wolfe &

    Associates P.C. National Wildlife Federation Tejon RanchCompany Breathe California California Interfaith Power &

    Light California Oaks Foundation California Transit

    Association Ebbetts Pass Forest Watch FANS Friends of

    Harbors, Beaches & Parks Friends of Swainsons Hawk

    Green LA Coalition Greenspace-Cambria Land Trust San

    Diego River Park Foundation Valley Land Alliance California

    Environmental Law Section of the California State Bar Clover

    Valley Foundation Sierra Office Supply & Printing

    Conservation Clarity Focal Point Images

    Registration FeesConference fee covers a continental breakfast, lunch,

    refreshments, hors doeuvres, and all Symposium materials.

    Fees are as follows:

    Before Dec. 31 After Dec.

    PCL Member (discount code required) $90 $115

    Non-Member $125 $150

    CLE $250 $275

    Student $40 $50

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    Greetings PCL members and

    supporters! Hopefully by the time

    you read this, the U.S. Senate will

    have passed significant climate

    change legislation. My fear is that

    they havent and there is very littletime to act. Heres where we stand.

    This summer, the House of

    Representatives passed legislation

    that would reduce carbon dioxide

    from all major U.S. emitters 17% by

    2020 and 83% by 2050 (compared to

    2005 emissions). This fall, the Senate

    Environment Committee passed a

    similar bill at 20% by 2020 and 83%

    by 2050 levels that scientists agreeare necessary to avoid the worst

    impacts of global climate change.

    However, the Senate bill has to go

    through three or four more

    committees before it can come to a

    full vote. As of press time, Senator

    Kerry had been pushing for a

    Thanksgiving deadline for all

    committees to pass their provisions

    so that, at the very least, President

    Obama can go to Copenhagen inDecember and show the international

    community that the U.S. is ready to

    take action.

    In order to pass the Senate bill,

    we need to secure 60 difficult votes to

    avoid a filibuster. Getting this done

    before Copenhagen would be ideal;

    getting this done before we get into

    the heat of an election year is

    necessary. We must act soon!Luckily, California has two

    senators leading the charge.

    However, if you have friends and

    relatives outside of California, please

    tell them to contact their senators to

    pass this bill as soon as possi

    Regardless of what you think of

    and trade, this bill represents

    only chance that Congress has to

    emissions in the near term.

    Because of NWFs work, bbills also include unprecedented s

    and federal funding for wild

    habitats to cope with climate chan

    If we dont pass the bill soon,

    latest IPCC report warns that in

    lifetime of a child born today, 20

    30 percent of the worlds plant

    animal species will be on the brink

    extinction. That is not an accepta

    compromise for inaction. Thank for your assistance on what may

    the most significant legislation

    this century.

    National Climate ChangeLegislationBy: Matt Little, National Wildlife Federation

    Every year we need to publish our Statement of Circulation, as required by the United States Post Offic

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    Its hard to pinpoint when Mike became interested inprotecting the environment or dedicating his life to it,but it seems his story began when he literally ran awayfrom home at 16 years old and joined the CivilianConservation Corps in Michigan. There he planted treesin the wilderness. It was a life altering experience thatsowed a seed which would come to fruition later in

    Mikes life. Years later, Mike spent a few months in afoxhole in Northern France during World War II, wherehe pledged that he would never camp out again. But asa father Mike lead his son Larry and his Boy Scout troopbackpacking in Sequoia National Park where he spentmany nights sleeping under the stars and fell in lovewith the High Sierras. Many of us enjoy our outdoorexperiences, but not all of us take action. Mike tookaction.

    Mike Jacobs was a long-time Board Member of thePlanning and Conservation League. He and his wife

    Grace attended and were active at League boardmeetings for over 20 years. His commitment and actionslead to the League hiring the first environmentallobbyist in the building, something he was very proud of.

    Even his business was about the environmentheowned an organic farm in the Santa Cruz area. But thatwas just a small piecehis heart and life were dedicatedto making the environment better. Mike cared aboutpeople and how they live. He cared about communityand the quality of the living environment. He saw what

    In Memoriam:Michael Jacobs(June 2, 1916 to October 21, 2009)

    mattered, and did the right thing, not caring for retuor attention, but teaching his family and all of us whais to live an extraordinary life.

    His son Robbie remembers growing up and helphis Dad on different efforts, most notably AB 147landmark bill to protect Californias coast. Mike andson took to the beach in Santa Monica to colsignatures building support for the legislation. Mike w

    also a leader in working to stop a proposed freewthrough Malibu Canyona proposal that would hdestroyed what is now a state park. While his effowere not always successful, Mike was blessed witvision of what was possible and, in his quiet way, alwknew how to go about making it happen.

    Mikes wife Grace perhaps put it best. He wouldeverything and anything for the environment. He wasorganization.

    Thats a legacy that we would all like to leave.

    From the family of Mike Jacobs

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    PLANNING AND CONSERVATION LEAGUELANNING AND CONSERVATION LEAGUE FOUNDATION

    107 9TH STREET, SUITE 360 SACRAMENTO, CA 95814

    VISIT US ON THE WEB: www.PCL.org or www.PCLFoundation.org

    Newspapers up and down California are advising

    voters to reject the $11.14 billion water bond that the

    Legislature will put on the ballot next November. The

    package sets aside $3 billion for new dams and does not

    address the over-allocation of water that threatens

    Californias fragile ecosystems.

    The Orange County Register wrote, The Legislature

    and [G]overnor seem oblivious to state Treasurer Bill

    Lockyers warning that the annual repayments of up to

    $800 million for the water bond will add to the states

    annual debt service, now at $6 billion and growing.

    Without the new obligation, debt service payments are

    projected to escalate from the current 6.7 percent to 10

    percent of the states general fund budget by 2015.

    In Our View: The bond is full of waste, the Merced

    Sun-Star highlighted that, [t]he state will have to pay

    hundreds of millions of dollars in interest each year that

    could go to education.

    And the Stockton Record wrote that they

    infuriated by the Governors staggering display

    insensitivity and his presumption that this region

    such an afterthought that it really doesnt matter whet

    its residents swallow the transparent greenwashing

    legislative charade

    The tally is in and it is not good. After the legisla

    all-nighter that forced the water package through,

    costly projects added to garner last minute votes

    receiving greater attention. At its peak the bond wo

    cost the state over $800 million a year in debt service

    up to 30 years, taking funding away from Californ

    schools, health care, firefighters, police officers, st

    parks, prisons and other social services. Califor

    already carries $130 billion in debt and the lowest cre

    rating in the 50 states.

    Next November, it will be up to voters to say no to

    taxpayer rip-off and unnecessary projects that se

    special interests, rather than the public.

    Statewide Rejection of Water BondBy: David Maurier

    Shasta Da