The Compost: Big oil just scored a big win in the California legislature

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Apr 27, 2023

The Compost: Big oil just scored a big win in the California legislature

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Welcome to The Compost, a weekly newsletter on key environmental news impacting Southern California. Subscribe now to get it in your inbox! In today's edition…

The photo above captures a scenario that would be illegal in some states.

California is unique among major oil-producing states in having no minimum setback between oil wells and homes. The legislature last year passed a bill to change that, with Senate Bill 1137 mandating a 3,200-foot buffer between homes and new oil drilling or major retrofits to existing wells. But oil drillers in February qualified a referendum on the setback question for the November 2024 ballot. Voters now will get to decide whether the 3,200-foot buffer dies or takes effect in 2025.

Another bill aimed at protecting Californians who live near oil wells died before it could even come up before a vote in the legislature.

Citing research on how pollution from oil wells that leaks into the air, water and soil increases the risks that nearby residents might develop cancer, respiratory illnesses and birth defects, SB 556 would have given the more than 1 million Californians who live within 3,200 feet of active wells and who develop one of those health conditions the right to hold some oil drillers liable for up to $1 million. Sen. Lena Gonzalez, D-Long Beach, who authored the bill, put it like this as she championed the legislation before a recent committee decision: "Our communities bare the health impact of oil drilling daily, it's time polluters pay the bill."

However, State Sen. Anthony Portantino, D-La Cañada Flintridge, last week declined to let Senate Bill 556 advance out of the Appropriations Committee he chairs.

Some readers cheered that news. Mary Emily Smiley, an attorney who lives in Lawndale, said there wouldn't have been any way to definitively know whether such health conditions resulted from living near an oil well. "This sounds like another political hustle to convince people that they are victims and there is a pot of gold at the end of the rainbow," she said.

But advocates of 556 point to volumes of research that show people who live near oil wells have substantially increased risks of shorter life expectancy, preterm and low birth weight, and a variety of acute and chronic diseases. And reader Alexandra Nagy in a tweet called the bill's death under Portantino "suspicious," noting details from my story on how the senator has received thousands of dollars in political contributions from oil and gas companies over the years.

There's no future for SB 556 this legislative session, with only a slim chance it could get incorporated into a state budget trailer bill that might advance in coming weeks. Otherwise, advocates hope to get the legislation reintroduced next session. And with elections this fall bound to shake some things up, Jamie Court, president of Consumer Watchdog, said there's a chance Portantino will no longer be at the helm of the Appropriations Committee if the bill makes it back.

In the meantime, Court and others are waiting on an Assembly vote for AB 421, which will reform California's referendum process. That includes clarifying how referendums are worded on future ballots, replacing a confusing process where voters must mark "yes" to reject overturning a law with clearer language that asks them to choose between "keeping a law" or "overturning a law." Court hopes that might make next fall's decision on the oil well buffer referendum clearer for voters.

AB 421 could still come up for a vote this afternoon and must pass out of the Assembly by Friday to survive.

— By Brooke Staggs, environment reporter

⚡ ENERGIZE

Mixed bag: There are some pluses and minuses for clean energy in the tentative federal debt ceiling agreement announced over the weekend. Axios breaks down both sides in this explainer, highlighting how incentives for renewables remain intact while a controversial gas pipeline in West Virginia would get the green light if Congress approves the plan this week. …READ MORE…

Irvine sticks with OCPA: Last week, we keyed up an Irvine City Council vote on whether to leave the Orange County Power Authority, which provides a cleaner energy option for O.C. residents but has been riddled with controversy. Unlike the county and Huntington Beach, our Yusra Farzan reports Irvine opted to stick with the agency. …READ MORE…

Nuclear violations: Federal regulators issued a pair of violations at the San Onofre Nuclear Generating Station earlier this year. While they were both considered "very low safety significance," our Andre Mouchard looked at what the violations were and how they’ve been resolved. …READ MORE…

🚆 TRANSPORT

Train service resumes: Metrolink and Pacific Surfliners are running again between south Orange County and San Diego, after crews finished work to clear tracks and stabilize a crumbling hillside. Our Laylan Connelly has the story. …READ MORE…

Ford bets on Lithium Valley: Ford Motor Company just opted to invest in one of three companies working to extract lithium from the geothermal brine out at the Salton Sea. Janet Wilson with the Desert Sun said no dollar amount was given, but that the investment is expected to help EnergySource potentially hit full commercial production by 2025. …READ MORE…

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💧 HYDRATE

Details on Colorado River deal: The Compost had the news last week about Western states reaching a historic deal to conserve water from the Colorado River. Here's a helpful explainer from CalMatters’ Alastair Bland on what that deal means for California. …READ MORE…

Battle over Mono Lake: Pressure is building for Los Angeles to stop diverting water from Mono Lake to boost its own supplies. Bland is back with this deep dive on how L.A. ended up with access to this mountain lake in 1941, how that's impacted the lake over the years and arguments on both sides of the debate. …READ MORE…

🛡️ PROTECT

Coastlines threatened: By 2100, a new study estimates up to 70% of California's 1,100 miles of coastline may become completely eroded due to sea level rise scenarios. Our Laylan Connelly spent time at the recent Smart Coast California Policy Summit in Newport Beach, where leaders gathered to discuss threats and potential solutions. …READ MORE…

Consequences of wildfire risk: With climate change contributing to more frequent and intense catastrophic wildfires in California, insurance giant State Farm announced it will stop offering claims for new homes and businesses in the state. The Wall Street Journal's Leslie Scism looks at what means for the state and what can be done. …READ MORE…

Wetlands hung out to dry: The Supreme Court on Thursday sharply limited the federal government's authority to police water pollution into certain wetlands, the Associated Press reports. Environmental advocates say the decision will strip protections from tens of millions of acres of wetlands. …READ MORE…

🖋️ REGULATE

Shiny new ban: California just became the first state to ban chromium 6, a toxic substance that helps make wheels and bumpers of classic cars shiny. The chemical, which poisoned water supplies in the desert town of Hinkley, must now be phased out through 2039, Alejandro Lazo with CalMatters reports. …READ MORE…

Expanding a national monument: Rep. Judy Chu just introduced federal legislation that would add more than 100,000 acres of federal forest land to the San Gabriel Mountains National Monument and further protect threatened species. Our Steve Scauzilllo looks at the history of efforts to protect this area and what the new legislation would do. …READ MORE…

🎉 CELEBRATE

Meet P-113, P-114 and P-115: Biologists recently discovered three healthy, month-old female mountain lion kittens nestled in a dense patch of poison oak growing around large boulders in the Simi Hills. I spoke with Jeff Sikich, lead field biologist for a National Park Service study on area mountain lions, about the significance of the find and what's ahead for these sisters. …READ MORE…

Park updates: Parks all across Moreno Valley are getting upgrades, with the city spending $6 million through next year to add shade, renovate bathrooms, add pickleball courts and more. Our Monserrat Solis has the story on efforts to make it easier and more enjoyable for Moreno Valley residents to spend time outside. …READ MORE…

💪 PITCH IN

Spot misinformation: For this week's tip on how Southern Californians can help the environment… Want to be able to identify climate misinformation? Agence France-Press offers a free 45-minute course online that teaches viewers how to verify claims about climate change, how to spot "greenwashing," how to identify common types of misinformation and more. Give it a watch, then share with others to spread the word. And special thanks to Compost reader Gary Stewart for sharing this one with me!

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