A little-noticed California ballot initiative would “erect significant barriers” to funding state environmental and public health laws, according to a new study.
Proposition 26 “could have substantial and wide-ranging impacts on implementation of the state’s health, safety and environmental laws,” according to a Tuesday analysis by the UCLA School of Law.
Prop 26 would expand the definition of “tax” under state law to include certain state and local fees and require them to receive two-thirds backing in the state legislature instead of just majority support.
State environmentalists fear that the ballot initiative would undermine implementation of California’s landmark climate-change law — Assembly Bill 32 — which is also targeted by the higher profile Proposition 23. Environmentalists argue that, at a minimum, there is no telling exactly how much Prop 26 would affect the climate-change and other environmental laws.
The UCLA study underscores their argument.
“Legislative changes or updates to existing fees, which currently fund many environmental and public health programs, would require a 2/3 supermajority vote to enact unless they fall into one of the Proposition’s exceptions. The scope of the exceptions is both narrow enough and vague enough to risk the future of many fees,” according to the analysis.
Prop 26 would undercut the state’s “polluter pays” principle, where the government charges polluters upfront fees for external costs on the public due their impact on health and the environment, according to the analysis. Prop 26 would also likely repeal state programs aimed at preventing bulky products and certain chemicals from entering landfills if they are required to receive two-thirds support, the analysis states.
Prop 26 supporters have touted an analysis by a former general counsel of the California Environmental Protection Agency to underscore their argument that it would not affect regulation of state environmental law, including AB 32.
Specifically, they contend it would not affect “reasonable regulatory fees necessary to implement and enforce California’s environmental laws,” according to a “fact sheet” supporters are handing out.
By Darren Goode
Article url: http://thehill.com/blogs/e2-wire/677-e2-wire/126147-study-californias-prop-26-undermines-green-health-laws
