Governor

Thou Shalt Not Speak Ill Of The Lord God Oil

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Every Monday, Wednesday and Friday morning, I take a brutal boot-camp type class at the Hollywood YMCA here in LA. 45 minutes of sheer hell, but as these things are measured, surely worth it. I’ve been going for the last year and a half at the prodding and urging of my friend Stacy “Beano” Johnson, a lively and lovely woman and an ex-pat Okie from outside Tulsa. Yesterday, I walked in to find her strecthing and she seemed, as you would imagine, distraught. Her state is devastated. Despite downward revisions of casualties, at least 24 people were killed by the storm and the cost to insurers will be over 1 billion dollars. Luckily, none of her family or friends were among the dead or wounded.

Because we are 1) good friends and 2) I am by nature very inquisitve, I asked her if her people back there were putting some of the cause on this particularly violent and early in the year twister on man-made climate change. Beano turned kind of reddish and responded “hell yeah they do. And why wouldn’t they? Summers are getting hot as hell there and it feels like it’s headed to 120 degrees when we go back for vacation. I know damned well it is”.

She isn’t a scientist and is also a self-proclaimed “California liberal” (by way of disclaimer). But this is nothing new to anyone with kin in “flyover country”–my younger brother has been telling me for ten years that the farmers in “Tornado Alley” where he is in Western Illinois talk about the heating and extremes and the effect on crops–and, as Beano has said, why wouldn’t they? 2010 was one of the hottest years on record, another freak tornado devastated Joplin MO in 2011, a drought nearly destroyed the entire Midwest’s crop output last year and now this. Yes–this is where tornadoes happen and they have been happening forever. But scientists warned us that “weather patterns are going to get more extreme and more violent” as the planet heats up and yes it has, and according to 97% of said scientists, the culprit is fossil fuels.

That no peer-reviewed publication has said otherwise and that the only “scientists” that claim that the jury is out tend to be on oil company payrolls isn’t exactly a new revelation. But in Oklahoma, were any politician to claim that the destruction in Moore was because of man-made climate change, they’d be demolished in the next election like so many of the homes were a few days ago.

And why? Because oil is one of the state’s biggest employers, in refining and extraction and logistics. Koch is king in the Sooner State. And even though the average Okie is beginning to see the light, they are willing to look the other way when their livelihood is concerned–their jobs are, in a way, literally to die for.

It is disgusting and sad and vile, but as Louisiana governor Bobby Jindal could tell you, there’s no percentage to ever attack the mighty hand of the petro-oligarchy. Despite the cheapskate idiocy by British Petroleum that nearly ruined that state’s fishing and tourism industries, at no point did Jindal demand that BP pay for all the damage they’d wreaked.

And so the oil companies continue their version of bullshit, as their exec’s declare that to destroy the planet is “God’s will” and their paid shills in broadcasting claim zero culpability, the planet roasts and the people of Moore are wondering where they’re gonna live. And if you think this is just far fetched lefty hand wringing, even the almighty insurance industry knows climate change is real and are changing their rates accordingly. These people play the “life and death odds” for a living in actuarial tables. They know.

Meanwhile, Oklahoma’s two Republican senators are asking for the same federal aid that they denied to Jersey and New York, “God’s will” is again invoked (by America’s #1 publicity hound family) and no one dares speak the truth, that black gold and natural gas are slowly cooking its users and that these same people will battle renewable and clean power with every trick in their arsenal even as it makes their grand-kids lives sheer misery. You might say that the denial is as high as an elephant’s eye in O-kla-Homa……

 

 

 

 

Brown raids cap-and-trade funds, delaying action on climate change

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Greenhouse gas concentrations in the atmosphere continue to rise to dangerous levels, but still our political leaders delay taking meaningful actions to address the looming crisis. The latest example: Gov. Jerry Brown is borrowing $500 million from the state’s new cap-and-trade program — money designated specifically for efforts to address climate change — to help balance the revised state budget proposal that he released today.

And the worst part was that Brown is raiding these funds even though there was no good reason to do so. “The Governor’s Budget reflected California’s most stable fiscal footing in well over a decade,” was the first sentence in the budget document, which admirably begins to restore education funding, partly because voters approved the Prop. 30 tax package last year.

While Brown said that the $500 million raid is just a loan that will be paid back with interest, the action highlights the short-term thinking that animates our political and business leaders, who seem content with hollow gestures and symbolic actions that fall far short of what’s actually needed to minimize climate change and sea level rise (even the cap-and-trade system itself is a business-friendly half-measure; simply capping then decreasing emmissions would have been far more effective).

There are a multitude of immediate needs for that “borrowed” money that would have big impacts to the carbon emmissions that our state continues to spew into the atmosphere, such as helping Muni and other urban transit systems overcome budget deficits that hamper their ability to provide good alternatives to private automobile use, which is one of the top sources of greenhouse gas emmissions.  

Environmentalists and advocates for social and economic justice — who have fought to direct some of these funds to reducing emmissions in low-income communities, where it is an acute public health issue on top of the long-term climate change threat — immediately criticized the governor’s move.

“The governor is playing a dangerous game that could wreck California’s push toward clean energy,” Greenlining Institute Legal Counsel Ryan Young said in a press release. “Voters of color turned out in force to protect AB 32, the clean energy law, when it was under attack by Prop. 23 [last year’s effort to repeal it], and they did it based on the promise that it would bring clean energy investments to polluted and struggling communities. These are the same voters who provided Jerry Brown’s victory margin when he ran for governor. Seizing these funds for other uses will hurt our state’s neediest communities, and it’s simply not necessary.”

Longtime Sierra Club legislative director Bill Magavern, who works with the Coalition for Clean Air, told Capital Weekly that the money is urgently needed for a variety of programs to reduce pollution in communities of color: “These important goals are now shunted aside as broken promises. The Governor has spoken of the urgency of addressing our climate crisis, but he has not put his money where his mouth is. It’s important to remember that none of the dollars in the Greenhouse Gas Reduction Fund come from taxes, and they were never intended to go to the General Fund.”

Another gauge is also telling: how do the polluters feel about the governor’s new budget? Well, here’s another press release we got on the governor’s new budget, from a conservative business organization that has long opposed meaningful efforts to address climate change: “California Manufacturers & Technology Association president Jack Stewart made the following media statement after Gov. Jerry Brown’s proposed ‘May Revise’ budget: ‘We congratulate Gov. Jerry Brown on a proposed balanced budget that will help California provide important government services. We appreciate that the Governor proposes the addition of a statewide sales tax exemption on the purchase of manufacturing equipment.  This will make California a more competitive place to scale up production.”

Same as it ever was.

A boost for Ammiano’s pot bill

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Assemblymember Tom Ammiano’s bill to create state regulations for pot clubs just got a boost: Although I disagree with the Supreme Court decision allowing towns to ban the dispensaries, it’s kicked local governments into gear. Now mayors from around the state are asking the Legislature to weigh in and craft “sensible marijuana policies.”

It’s tricky: The Department of Consumer Affairs, which might be the logical place for the regs, doesn’t want anything to do with pot, and Gov. Jerry Brown thinks we’re all too stoned to compete with China, so Ammiano’s looking to the Department of Alcoholic Beverage Control to create a new marijuana division. Logically, that makes sense, and it’s what Colorado is doing. Practically, a lot of people don’t like the ABC, but that’s a factor of bad agency leadership and poor priorities. It’s not a structural problem. If we’re ultimately going to legalize pot altogether, and we are at some point soon, then it makes sense to have regs in place — or at least a system for regs in place — that can give cities and counties direction.

And it might help a little with the Reigning Asshole of Prohibition, Melinda Haag.

I suspect this will make it to the governor’s desk. I hope he comprehends that we aren’t going to compete with China if we can’t even solve a simple regulatory problem.

Also: Ammiano’s bill to protect transgender students made it off the Assembly floor.

Hospital union targets UC executive pensions [VIDEO]

An update to this story has been posted below.

An ongoing labor rift is intensifying between frontline University of California hospital employees and the UC medical center system. UC administrators have minimized employees’ stated concerns about eroding patient care due to staffing rollbacks, saying the real issue at the heart of the dispute is AFSCME’s “refusal to agree to UC’s pension reforms.”

But now the union is striking a different note on pension reform, most recently taking aim at UC executive pensions – or what AFSCME 3299 spokesperson Todd Stenhouse glibly refers to as the “golden handshake protection program.”

AFSCME 3299 represents 13,000 UC patient care and technical workers. The union is expected to announce the outcome of a strike authorization vote, stemming from a contract negotiation that has been at an impasse for months, any day now.

Meanwhile, the hospital workers’ union issued a statement on May 3 pointing out that top-ranking UC executives, particularly longtime administrators whose robust retirement benefits were grandfathered in from a more bountiful era, stand to receive pension payouts that dramatically exceed the reduced retirement benefits most public employees can now expect.

“Our point is simply this,” Stenhouse explains. “How can you even pretend to have pension reform when you’re not capping executives’?”

UC spokesperson Steve Montiel noted that UC restructured its pension program several years ago. He justified the higher payouts, saying, “That’s something we see as being necessary to attract the best people at all levels, and to compete with others for the very best people.”

This past January, sweeping pension reform legislation took effect after winning bipartisan support in Sacramento. The new limits cap pensionable salary levels at $110,000 for public employees who earn Social Security, and $130,000 for those who don’t.

Yet the leaner retirement regime does not apply to employees in the UC system, which operates under a separate pension structure. Under the UC framework, pensionable salary levels are capped at $250,000, or $375,000 for employees hired prior to 1994.

“The cap on compensation for the governor of California is $110,000,” Stenhouse points out. “They say they want pension reform. Well, we want real pension reform.”

AFSCME is targeting Mark Laret, CEO of UCSF Medical Center, in particular. Since he was hired early enough to benefit from the higher pensionable salary cap, the hospital director, whose total annual compensation exceeds $1 million, is expected to earn more than $309,000 per year in retirement benefits.

In 2010, Laret joined 35 other UC executives in threatening to sue the Board of Regents if pension caps, mandated by the Internal Revenue Service, were not lifted. The IRS had offered to grant an exemption to the UC system but Regents ultimately determined that the caps should remain in place, despite executives’ objections.

In this clip, AFSCME 3299 President Kathryn Lybarger and Pathology/Lab Technician Margaret Mann confront Laret during his onstage address at the UC Health Center for Health Quality and Innovation’s Spring Colloquium, held at Oakland Marriott City Center on May 3. Video courtesy AFSCME.

Had they succeeded in lifting the caps, Laret could have received more than twice as much in annual retirement benefits, according to AFSCME estimates. (The medical center CEO recently co-authored an Op Ed in the San Francisco Examiner admonishing AFSCME for resisting “modest reforms” on pension contributions proposed by hospital management.)

Montiel emphasized to the Bay Guardian that contract bargaining negotiations are the central issue, noting that executive pensions haven’t figured into that discussion. “They haven’t raised this at the bargaining table,” he said. “If they wanted to propose caps on pensions for their units, we would look at that, but what they’re talking about is beyond what’s being bargained right now.” A key issue, he added, is a proposal for employees to contribute 6.5 percent toward retirement savings, up from 5 percent.

AFSCME has estimated that the UC system could save $35 million annually if executives were held to the $110,000 pensionable salary cap now in effect for a majority of state, county and municipal employees.

“I haven’t looked at the math on that,” Montiel said when asked about this potential source of savings. “The medical centers are supported by medical center revenue, so there’s really no state funding that is going into salaries there. … There are lots of savings that could be made. These are all things that have been taken into consideration for years as compensation levels have been set and so forth, but this is not part of the negotiations with AFSCME.”

Sen. Leland Yee has introduced legislation, SB 8, to prohibit pay increases for top UC administrators within two years of a tuition hike or when budget allocations are not increased. According to a fact sheet prepared by Yee’s office, the bill is meant to address a trend where “the UC and the CSU systems have historically hiked executives’ pay while raising student fees and have given new administrators more than double digit pay hikes.” The legislation is working its way through the approval process, currently in committee.

On this latest debate, Yee sided with the union. “I don’t see why, when state workers are in a pinch and tuitions are at record highs, UC executives should be pulling down $300,000 a year on their pensions,” he said. “This shows yet again the profoundly backwards priorities in the UC system.”

UPDATE: We just got word that AFSCME 3299 members voted to authorize a strike with 97 percent support. The union can lawfully call a strike any day now, but dates and duration of a strike have not been finalized.

Don’t vent, organize and “primary” a Democrat near you

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By Norman Solomon

Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.” He writes the Political Culture 2013 column.

Progressives often wonder why so many Republican lawmakers stick to their avowed principles while so many Democratic lawmakers abandon theirs. We can grasp some answers by assessing the current nationwide drive called “Primary My Congressman” — a case study of how right-wing forces gain ground in electoral terrain where progressives fear to tread.

Sponsored by Club for Growth Action, the “Primary My Congressman” effort aims to replace “moderate Republicans” with “economic conservatives” — in other words, GOP hardliners even more devoted to boosting corporate power and dismantling the public sector. “In districts that are heavily Republican,” the group says, “there are literally dozens of missed opportunities to elect real fiscal conservatives to Congress — not more ‘moderates’ who will compromise with Democrats. . .”

Such threats of serious primary challenges often cause the targeted incumbents to quickly veer rightward, or they may never get through the next Republican primary.

Progressive activists and organizations could launch similar primary challenges, but — to the delight of the Democratic Party establishment — they rarely do. Why not?

Here are some key reasons:

*  Undue deference to elected Democrats.

Members of Congress and other elected officials deserve only the respect they earn. All too often, for example, plenty of Congressional Progressive Caucus members represent the interests of the establishment to progressives rather than the other way around. 

*  Treating election campaigns more like impulse items than work that requires long-term planning and grassroots follow-through.

The same progressives who’ve spent years planning, launching and sustaining a wide range of community projects are apt to jump into election campaigns with scant lead time. Progressives need to build electoral capacity for the long haul, implementing well-planned strategic campaigns with candidates who come out of social movements and have a plausible chance to win on behalf of those movements.

*  Assuming that millions of dollars are necessary to win.

Yes, successful campaigns require effective fundraising — but money is often a less significant obstacle than a shortage of commitment and willingness to do painstaking grassroots organizing.

*  Self-marginalization by ignoring elections.

Some on the left prefer to stay out of electoral contests while focusing on the next protest demonstration — thus leaving the electoral field to battles between corporate Democrats and Republicans. One sure result: a progressive won’t win.

*  Self-marginalization with third-party efforts in partisan races.

In congressional races, Green Party and other progressive third-party candidates have a zero record of success in our lifetimes. In other races with party affiliations also on the ballot (such as governor and state legislature), victories have been almost nonexistent. In such races, the corporate-military complex is not in the slightest threatened by third-party candidates, who rarely get higher than a low single-digit percentage of the vote. In nonpartisan races, by contrast, there are examples of successful and uplifting campaigns by third-party candidates, as with Green Party member Gayle McLaughlin, the mayor of Richmond, California. 

By changing just a few words in the Club for Growth’s “Primary My Congressman” manifesto, progressives have a road map for electoral progress: In districts that are heavily Democratic, there are literally dozens of missed opportunities to elect real progressives to Congress — not more of those who go along with the Obama White House as it keeps compromising with Republicans.

Anyone serious about getting genuine progressives elected to Congress next year should be engaged in developing campaigns now. To avoid the impulse-item syndrome, that means identifying key races where progressives have a real chance to win, while remaining mindful that election campaigns should be subsets of social movements and not the other way around.

If there’s a defining issue that now separates the Obama party leadership from social decency, it is the president’s push to cut Social Security benefits. Less ballyhooed but also crucial is his push to cut Medicare benefits and the ever-present danger of cuts to already woefully-underfunded Medicaid. Meanwhile, Democratic leaders are unwilling to seriously cut the enormous military budget.

Any incumbent Democrat who is not serving progressive interests should be weighed as a possible primary target. And the most fruitful primary challenges are beckoning in heavily Democratic districts where there are many progressive voters and incumbents aren’t measuring up.

By that standard, the Congress members who may be vulnerable to a primary challenge include the 44 who tout their membership in the Progressive Caucus but have refused to sign the letter (initiated by Congressmen Alan Grayson and Mark Takano) promising not to vote to cut Social Security, Medicare or Medicaid benefits.

A good starting point to consider launching a primary challenge in your area would be to look at those 44 members of Congress who continue to refuse to make such a promise, leaving themselves wiggle room to vote for cuts in three crucial programs of the social compact. To see the list of those self-described “progressives,” click here. (Meanwhile, wherever you live, you can let your Congress member and senators know what you think of proposals for such cuts by clicking here.)

It’s fair to say those 44 members of Congress are among the many Democratic incumbents showing themselves to be more afraid of the Obama White House and the Democratic Party hierarchy than they are of voters in their own districts. Progressives in and around those districts need to do less venting and more organizing.

Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.” He writes the Political Culture 2013 column.

   

Ammiano’s on a roll

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Willie Brown, the former mayor and current unregistered lobbyist, has been trying to undermine Assemblymember Tom Ammiano for years. But take a look at two Ammiano bills this spring and you get a sense of how effective San Francisco’s veteran representative can be.

On April 23, the state Assembly Judiciary Committee passed Ammiano’s Homeless Bill of Rights, 7-3. That wasn’t easy; he had to amend the bill and work the committee hard. The League of California Cities, which has a lot of clout in Sacto, doesn’t like the bill; neither does the California Chamber of Commerce. This is a big deal; the bill would ban most “sit-lie” laws and guarantee everyone the right to use public space.

Then the Pubilc Safety Committee approved his marijuana regulation bill, 5-2 (despite Brown and Co. trying to screw it up). And his Domestic Workers Bill of Rights , which the governor vetoed last year, is headed for likely approval at the Labor and Employment Committee.

There’s still a long road ahead for all of these bills — more committees, Assembly floor, Senate, and then the guv (and who the hell knows where Jerry will be on anything these days). But it’s possible that, in his final term, Ammiano could have several landmark bills approved.

(Yeah, it’s his final term. Six years is all you get in the Assembly. Crazy what terms limits has wrought. The minute you get to the point where you really know how to do your job, and you can truly deliver for your constitutents, they shove you out the door.)

 

Newsom calls for marijuana legalization

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For all his flaws, Gavin Newsom has never shied away from taking a stand or showing leadership on emerging issues, particularly when the politicians are lagging behind public opinion. As mayor, he did it on same-sex marriage, temporary public art, and taking street some space from cars. And today, as the state’s lieutenant governor, he is calling for an end to marijuana prohibition.

“It is time for California to decriminalize, tax and regulate marijuana and decide who sells it, who can buy it legally, and for how much. When California became the first state to approve medical marijuana, we led the nation on progressive drug policies, and now it is time to lead again,” Newsom wrote in a Huffington Post column that was posted last night.

Newsom recites a case for legalization that the public has long supported, particularly here in California, citing how damaging and expensive it is to wage “war” on a substance that most Californians know is less harmful than alcohol or tobacco, peppering his column with compelling stats like this: “The U.S. leads the world in the incarceration of its citizens, with less than 5 percent of the world’s population but almost 25 percent of the world’s incarcerated population.”

The Drug Policy Alliance amplified Newsom’s column with a press release today, calling for other politicians to follow his lead and finally remove marijuana from its federal listing as a Schedule One narcotic, “where is current sits alongside heroin,” as Newsom noted. He closes by writing: “There is no reason why California cannot set the example for the nation in responding to drugs in a rational and sensible way. It is time to be bold enough to consider the science and the examples set forth by other states and nations. The time has come to decriminalize, tax and regulate marijuana — anything less is not enough.”

Drug Policy Alliance Executive Director Ethan Nadelmann praised the stand, writing, “What I find remarkable is that not one sitting governor or U.S. senator has spoken out in favor of legalizing marijuana notwithstanding the fact that a majority of Americans now support that approach. But I am confident that it’s only a matter of time until elected officials follow in Gavin Newsom’s bold footsteps as they did with marriage equality.”

Indeed, when Newsom unilaterally began issuing marriage licenses to same-sex couples in 2004, it was opposed by then-House Speaker Nancy Pelosi, US Senator Dianne Feinstein (in fact, all but two US Senators), and the official platforms of both major parties. Today, after a rapid upwelling of political support, it is supported by President Obama and half of the US Senate and it may be on the verge of being legalized by the US Supreme Court (we find out next month). Newsom showed foresight on that issue, and he’s doing so again with marijuana.

Washington and Colorado voters legalized recreational uses of marijuana last year, and they are well on their way to reviving their economies promoting what is already California’s top cash crop, despite its strained legal status. In fact, we also got a press release today from Gaynell Rogers, who handles public relations for Harborside Health Center, the Oakland medical marijuana dispensary that is currently waging an expensive fight for its life after a federal raid.

“Investors Gather to Fund the Most Promising Marijuana Companies in Seattle,” was the headline of a press release about an April 29 event where 40 wealthy investors will “hear pitches from the top entrepreneurs in the hot, new legal cannabis industry,” an event hosted by ArcView Investor Network, which includes many tech entrepreneurs and investors.

“Cannabis is the next great American industry,” said ArcView co-founder and CEO Troy Dayton. “Now that a majority support legalization, a geyser is about to go off. The question is: which companies will be seated on top of it? That is what’s being decided at this investor event.”

Similarly, as California wrestles with tight budgets and a overcrowded prison system, can we really afford to continue wasting money and lives criminalizing such an industry that already is already an important part of the state’s economy? Newsom says no, and so do we.

Fracking changes everything

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In December 2012, the federal Bureau of Land Management held an annual auction for oil and gas development rights on federal territory in California, offering up wild lands in Fresno, Monterey, and San Benito counties. It sold off leases to 15 parcels, totaling nearly 18,000 acres. One bidder was a subsidiary of Occidental Petroleum, an oil company that drilled 675 new wells in California in 2011 alone.

The BLM affair works like any other auction: Bids are made verbally, and leasing rights are awarded to the highest bidder. Every last acre was snapped up, locking companies in for 10-year leases.

The average bid per acre? $4.21. The highest bid per acre? Ten bucks. The total federal government revenue? Just over $100,000.

The fact that oil companies can buy up mining rights to such a vast area of public land, for the price equivalent of about a tenth of a house in San Francisco, is nothing new. But this land auction was significant because BLM turned a blind eye to fracking, an oil and gas extraction technique that’s fueled widespread opposition. BLM green-lighted the leases based on an official assessment projecting that no more than a single acre of land would be disturbed by the anticipated oil drilling, the same argument used to justify the previous year’s auction.

Such a scenario may have been realistic in 2006, when the governmental agency drafted the document it relied on to make such a rosy prediction. But technological advancement has transformed the fossil-fuel sector over the past six years, and the oil industry is buzzing about vast untapped potential contained within the Monterey Shale, a leviathan geologic formation that extends across a major stretch of California, including beneath the federal lands in question.

“The Monterey area has become a focal point,” says Brendan Cummings, “because, but for fracking, these areas would never get tapped for oil.” An attorney with the Center for Biological Diversity, Cummings splits his work between offices in Joshua Tree and San Francisco. He led the Center in a lawsuit against BLM over its 2011 oil-and-gas lease auction, which affected 2,500 acres, arguing that the government should have realistically assessed the environmental threats posed by fracking before it started handing out drilling rights.

“Fracking changes the economics of oil,” Cummings says. “Fracking changes everything.”

And it’s happening all over California, and growing at a rapid rate.

 

 

DRILLING ON STEROIDS

Sounding more like an approximate substitute to circumvent a television ban on profanity, “fracking” is short for hydraulic fracturing. It consists of pumping high-pressure fluids up to 15,000 feet underground and into “horizontal wells” that can fan outward for a mile or more, with the aim of smashing up the shale formations. While a form of fracking has been in use for decades to “rework” oil wells, the kind of high-pressure, high-temperature operations now being employed represent a departure from traditional methods.

The exact contents of the proprietary fracking fluids are mostly secret, but they’re known to contain high volumes of water, sand, and a patented blend of toxic chemicals, sometimes incorporating acid to make the rock brittle enough to fracture.

“Once they’ve fracked up the shale,” explains Adam Scow, California campaigns director at San Francisco-based Food and Water Watch, “they can pump indefinitely.” It’s a short-term, expensive operation, Scow says, amounting to “drilling on steroids.”

On April 8, a federal judge ruled that the Obama Administration had violated federal law in the 2011 BLM auction by failing to first conduct an environmental impact study on fracking. It’s too soon to say how this will affect the 18,000 acres auctioned off in December, but Cummings says he expects to be back in court before long.

Yet the ruling has no effect on the oil wells already dotting the landscape in places like Kern County, an area already marked by poor air quality that supports the highest concentration of fracking operations in California. And for every acre of federal land now tied up in court, there are thousands more private parcels susceptible to being radically altered by fracking.

The U.S. Energy Information Administration estimates that the Monterey shale formation, which extends from the northern San Joaquin Valley to Los Angeles County and westward to the coast, holds more than 15 billion barrels of oil.

It’s an astounding quantity that dwarfs that of the Bakken Formation, which has helped light up North Dakota’s economy with a fracking boom, or the Eagle Ford Shale in West Texas, each of which are estimated to contain between 3 and 4 billion barrels.

 

 

NO SPECIAL PERMIT REQUIRED

Once a company has obtained a permit to extract oil and gas, “the state doesn’t require companies to get a permit to frack,” explains Scow, so it’s unknown just how much it’s currently happening. Voluntarily reported industry data shows that at least 91 wells were fracked in California between January 2011 and April 2012. Yet in 2011 alone, state records show, 2,294 new wells were drilled, while 3,376 notices were filed to “rework” existing wells.

In California, oil and gas drilling is regulated by the Division of Oil and Gas Resources. Speaking at a forum at the Commonwealth Club hosted by Climate One on April 2, Mark Nechodom, director of the California Department of Conservation, said DOGR never required reporting on fracking because it’s “one short blip” in oil production.

“In our historical use of fracturing in California, we have had no evidence that there is any environmental damage or hazard to human health—no evidence, I am saying—and therefore we have not required reporting,” said Nechodom, whose agency presides over DOGR. “Now we are requiring reporting and we are in the middle of developing a regulation for that.”

Nevertheless, the prospect of a pending California fracking boom on top of the loosely regulated activity already underway has galvanized Bay Area environmentalists. A host of environmental organizations are planning to form a coalition in the next several weeks to push for a permanent ban on fracking, targeting Gov. Jerry Brown.

Unchecked fracking could unleash a host of problems, says Scow, including a high risk of tainted groundwater, harmful air emissions, a spike in atmospheric carbon from the release of underground methane, and possibly even more frequent earthquakes due to wastewater disposal deep below the earth’s surface, which can destabilize faults.

“The process is just too dangerous,” he says. “There’s no safe way to frack. In the long term, we want fracking banned.”

 

 

OIL AND WATER

Policy discussions about fracking often arrive at the “Halliburton loophole.” In 2005, the story goes, when the federal Energy Bill was being drafted under the Bush Administration, then-Vice President Dick Cheney orchestrated the inclusion of a perplexing provision exempting “hydraulic fracturing” from the Safe Drinking Water Act.

Cheney famously presided over Halliburton, a company that invented a precursor to modern-day fracking in the 1940s. Few understood what it meant at the time, but the ascendance of fracking has made it clear that the loophole amounted to a munificent gift to the oil industry, clearing the way for rigs to bore downward and outward with toxic underground fluid injections unencumbered by regulatory slowdowns — all to the detriment of safe drinking water.

“The Safe Drinking Water Act loophole has really created a problem for us,” Steve Craig, an olive rancher from Monterey County, noted while speaking at the Commonwealth Club panel.

Craig described the frustrating process of trying to get agencies to intervene in a fracking operation nearby his ranch, right along the Salinas River. “At this point, we don’t know what’s in the fracking fluids. How can you know if it’s a problem if you don’t know the content of the chemistry? It’s not fair to the public to hide behind that trade secret veil and expect us to live with it.”

The risk of groundwater contamination tops Scow’s list of nightmarish scenarios. Fracking fluids can contain benzene and other carcinogens, as well as compounds linked with kidney or nervous system problems. “Once fracking fluid is injected underground, much of it stays underground indefinitely,” a Food and Water Watch issue briefing notes. “There is a network of different pathways through which contaminants … could flow into and contaminate groundwater.”

And since groundwater is drinking water in some places, Scow says this possibility is a major concern. “Prevention is really the key here,” he says. “We’re talking about some nasty stuff that could be irreversible.”

 

TOUGH FIGHT AHEAD

On April 29, the Assembly Resources Committee is scheduled to take up two nearly identical pieces of legislation that would impose indefinite moratoriums on fracking. The practice has already been subject to moratoriums in New York and New Jersey, and was permanently banned in Vermont and nationwide in France and Bulgaria.

But there’s likely to be stiff resistance, because for oil companies, fracking may as well be California’s modern-day gold mine.

“We’ve been a major petroleum state for a number of years, and the governor has indicated strongly that we want to continue to do that,” Dave Quast, head of an industry association called Energy in Depth, noted at the Climate One panel. “It’s been done safely, and it will continue to be done safely, and we should all be excited about that,” because it’s preferable to importing oil from the Middle East or places with weaker environmental regulations, Quast said.

But there’s a larger question: Do we really want to be burning more oil? If every last barrel of oil were extracted from the Monterey shale, says Scow, it could indeed meet the nation’s total oil needs — but based on current consumption rates, it would be entirely burned up in less than three years.

“Burning the 15 billion barrels of oil — even if that were some kind of achievement,” Scow says with a wry laugh, “is still going to make our climate crisis worse.”

TRUST Act clears committee as immigration reform heats up nationally

It was late at night by the time New Latthivongskorn, then 22, finally started to make his way home from the University of California Berkeley campus after a long night of studying for midterm exams.  A third year molecular and cell biology major who was trying to keep up his grades in preparation for med school applications, Latthivongskorn said he noticed a man in a black hooded sweatshirt walking toward him as he approached his home. At first he didn’t think much of it – but just as he was about to unlock the door to his apartment, the young Thai student heard a voice. “Give me everything you’ve got,” the man commanded.

“I looked at him, and I looked down, and I saw a gun pointed straight at me,” Latthivongskorn recounted. Terrified, he tried to stay calm and simply cooperated; handing over his backpack and cell phone, silently feeling relieved that he hadn’t been carrying his laptop. Fortunately, Latthivongskorn was able to proceed into his apartment unscathed after the man who robbed him at gunpoint vanished down the street.

When his concerned housemate asked if he wanted to file a police report, Latthivongskorn faced a dilemma. “Yes, I wanted to report it,” he told the Guardian in a phone interview, “for me, but also for the community. That same man ended up mugging another individual later that night.”

But there was a problem. Latthivongskorn had moved with his family from Bangkok to Sacramento when he was just nine years old – and despite the fact that his entire life was rooted in California, he’d never obtained U.S. citizenship. Any interaction with police, he feared, could place him in jeopardy – even if he was approaching law enforcement as a crime victim.

“In the end, I couldn’t call,” he said. “What was going through my mind was thinking of all the sacrifices that my family had made for me … and I worked so hard to get to this point, and I’m still not there yet.” His decision not to report the armed robbery came down to “the simple fact that it could all end – that I could get deported.”

Fast-forward to today, and Latthivongskorn has graduated and earned a spot on the waitlist at Stanford while he awaits responses from a number of other med schools. He’s also active with ASPIRE, Asian Students Promoting Immigrant Rights through Education.

On April 9, he shared his experience of being mugged with California legislators at a hearing of the Public Safety Committee, and urged lawmakers to approve the TRUST Act.

Authored by Assembly Member Tom Ammiano, the bill seeks to “limit harmful deportations often stemming from trivial or discriminatory arrests,” according to a statement from Ammiano’s office.

As things stand, all arrestees have their fingerprints recorded and submitted to ICE, or U.S. Immigration and Customs Enforcement. Under the federal Secure Communities program, ICE can then direct local law enforcement to hold arrestees without bail, beyond the time they’d be detained under normal circumstances, for the purposes of immigration proceedings.

The idea is to hold and deport dangerous criminals, but in practice it’s proved problematic. “More than 90,000 Californians have been deported, with 70 percent not convicted of anything, or only of lesser crimes,” Ammiano’s office points out. “Some were never charged with crimes, and some were crime victims.”

The TRUST Act would “establish a statewide policy that says if the person has not been convicted of a serious or violent felony, they would no longer be held any longer than authorities would hold them otherwise,” explained Carlos Alcalá, a spokesperson for Ammiano. The idea is to draw a distinction between violent or serious offenders, and anyone else who could be swept up in the system and needlessly held without bail.

Also on hand to testify at the April 9 hearing was Ruth Montaño, a Bakersfield woman who was arrested and nearly deported after someone complained that her dog was barking too loud.

Alcalá recounted other horror stories that had made their way to the Capitol. There was the day laborer whose employer reported him to immigration authorities at the end of his shift when all he was expecting was a day’s wage, and the woman who was arrested outside of Walmart for trespassing – and nearly deported – for selling tamales. Then there were women who reported incidents of domestic violence only to be subjected to immigration proceedings (and their counterparts, who stayed mum about abuse because they feared deportation).

Members of the Public Safety Committee approved the TRUST Act 4-2, clearing the way for the bill to go to the floor of the Assembly as early as next week. An earlier version made its way to the desk of Gov. Jerry Brown last year, but was ultimately vetoed, leading to a revised version. “Because of last session’s history, we’re hoping to have more substantive discussions with the governor beforehand,” Alcalá told the Guardian.

The timing is significant. “Immigration changes are moving quickly at the national level,” Ammiano noted, “and California needs to make changes here to keep pace.”

Advocates expect a national proposal for immigration reform to be introduced in the Senate any day now, according to Jon Rodney of the California Immigrant Policy Center. West Coast activists are planning an event April 10 to mirror a mass rally and march for immigration reform planned in D.C.

In San Francisco, the march will begin outside Sen. Dianne Feinstein’s office on Post Street and then proceed to Civic Center, where a rally is planned for 5 p.m. Latthivongskorn plans to participate along with other organizers from ASPIRE, and a host of local and regional immigration reform advocates are getting involved.

Those joining the march “will carry 1,000 paper flowers,” Rodney said, “to represent 1,000 deportations that happen every day in the U.S. That’s one piece of Wednesday’s rally, is stopping deportations.”

Do we care?

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steve@sfbg.com

Teresa Molina faced abusive, belittling treatment on the job.

The 52-year-old immigrant from Sinaloa, Mexico, says she was paid $500 a month to provide 24-hour, live-in care to a girl in a wheelchair and her family. She wasn’t allowed regular breaks. She couldn’t eat what she wanted. Even her sleep was disrupted.

“I spoke up a couple times, but when I did, my employer told me I was dumb and good for nothing,” Molina, speaking Spanish through a translator, told us. “She would ask my immigration status, and I said that was not important, but she used that as a threat.”

Molina is a domestic worker — one of the only two professions (the other being farm work) exempt from federal labor standards.

Her experience, a common one among immigrant women in California, prompted Molina to get involved in last year’s California Domestic Worker Bill of Rights campaign, part of national effort that resulted in the first-ever protections being signed into law in New York in 2010.

Gov. Jerry Brown vetoed the California version of the bill late on the night of Sept. 30, 2012, the deadline for signing legislation, citing the paternalistic concern that better pay and working conditions might translate into fewer jobs or fewer hours for domestic workers.

“I was offended by how he did it, in the middle of the night on the last day, and he basically trivialized it,” Assembly member Tom Ammiano (D-SF), who sponsored the measure, told us. “Here in California, it’s a major workforce, but there’s no rules and there’s a documented history of abuses.”

But if anything, Brown’s veto has energized local activists, who say the battle for domestic worker rights is part of a much larger issue that women, children, immigrants, and their supporters are struggling against as they try to get society to value one of the most basic of social and economic functions: caring and caregiving.

Those in the caregiving professions are used to such defeats, but this one seems to be galvanizing and uniting several parallel movements — most of which have a strong presence here in the Bay Area — that want to apply human values and needs to an economic system that has never counted them.

It is, economists and policy experts say, a profoundly different way to measure economic output — and if the domestic workers and their allies succeed, it could have long-term implications for national, state, and local policy.

 

CARING DOESN’T COUNT

There are endless examples of how society undervalues caring and caregiving and other labor that has long been deemed “women’s work.” They range from nurses fighting for fair contracts to in-home support service workers fighting for their jobs. Many are jobs that have traditionally been done in the home — and in some cases, not counted at all as part of the Gross Domestic Product.

Social work, teaching, administrative support, caring for children or seniors, community organizing, and other jobs held predominantly by women and people of color are consistently among the lowest paid professions.

But the demand for those jobs is increasing — and the price of under-investing in education, caregiving, and child development is decreased productivity and increased crime and other costs for decades to come — so activists say they are critical to the nation’s future.

“It’s a different perspective. Caregiving isn’t transactional the way we think about other jobs,” said Alicia Garza, executive director of People Organized to Win Employment Rights (POWER), which has joined with other organizations nationwide for a Caring Across Generations campaign. “We’re a nation that has a growing aging population with no plan for how we’re going to take care of these people.”

In California today, caregivers find themselves under attack. Despite playing an important role in electing Brown as governor and in keeping Kaiser Hospital in Oakland and CPMC’s St. Luke’s Hospital in San Francisco open to the low-income residents they serve, the California Nurses Association is still stuck in a years-long contract impasse with those huge hospital corporations.

“We don’t think of ourselves first, we think of others first,” says Zenei Cortez, a CNA co-president who has been a registered nurse for 33 years, noting that patient care and advocacy standards have been key sticking points in their negotiations.

During each year with a budget shortfall, in-home support services for the sick, elderly, and disabled have been placed on the budgetary chopping block in California and many of its counties — including San Francisco, which has about 21,000 such workers — saved only by political organizing efforts and a longstanding lawsuit against the state (which was just settled on March 20 and will result in an 8 percent across-the-board cut in services).

“This program has been under assault for a full decade,” says Paul Kumar, a public policy and political consultant for the National Union of Healthcare Workers, calling that attack short-sighted, in both fiscal and human terms. “People get better care in a home setting.”

 

UNDERVALUED, ACROSS THE BOARD

If people generally act in their financial self interest, as economic theory holds, Oakland resident Lil Milagro Martinez would oppose the Domestic Workers Bill of Rights and its requirement that she pay her nanny at least minimum wage and allow for breaks and sick days.

After all, Milagro and her family are barely scraping by, with her husband working four jobs as she balances care for their infant son with coursework as a theology graduate student. Instead, Milagro said, she offers their nanny a living wage, benefits, and good working conditions.

“I wanted to feel that we were affirming her rights, so she would pass on that level of respect to my son,” Milagro told us. “If I can do this, and there are companies out there saying they can’t afford to do the right thing, that angers me.”

She was also angry when Brown vetoed the Domestic Workers Bill of Rights. She’s been working with a domestic worker employer group called Hand in Hand, a part of the larger National Domestic Worker Coalition.

“Our goal is to bring people together to create the kinds of worker relationships they want with people in their homes,” Danielle Feris, the national director of Hand in Hand, told us. “There will just be more and more people that need care in the home, so this touches all families.”

Milagro and other domestic worker employers say their stand is about much more than enlightened self-interest. They say this is an important step toward recognizing the important contributions that women and minority groups make to society and creating an economy focused on addressing human needs.

“Care, we can say, is undervalued across the board,” Feris said.

In addition to reintroducing the bill in Sacramento this year, the coalition is pushing similar legislation in Massachusetts and Illinois.

“I think the domestic workers have done a fantastic job at organizing across the country,” Ammiano said. “Making a movement of something isn’t easy, but once it gets traction then it’s tough to ignore.”

Like Milagro and Ammiano, Molina said she was bitterly disappointed by Brown’s veto, although all say it only strengthened their resolve to win the fight this year. “I felt very sad, depressed, and betrayed,” Molina said. “But we will win this…And I think the movement for women, workers, and immigrants will only grow from us winning.”

Domestic Workers Coalition campaign coordinator Katie Joaquin noted that the campaign is about triggering a cultural shift as much as it’s about winning legal protections, as important as they may be. “Once this bill passes and we have basic protections doesn’t mean the abuses will stop,” she said, noting that this is really about valuing care work.

“It’s bringing people together around the care we need,” Joaquin said. “These are conversations that are breaking new ground. The bill is really something that gets the ball rolling.”

Once some household work gets recognized, it’s not a big step toward a conversation about valuing all kinds of caring work and including that in our measures of economic progress.

“We definitely support the idea of valuing all care work, both paid and unpaid,” Feris said. “We all have something to gain by valuing each other.”

 

THE REAL WEALTH OF NATIONS

Author and researcher Riane Eisler has been a leading thinker and advocate for creating a more caring economy for decades, work that resulted in her seminal 1988 book The Chalice and the Blade, which sold half a million copies and was lauded as a groundbreaking analysis of the gender roles in ancient and modern history. She followed that with The Real Wealth of Nations in 2007, and the creation of the Center for Partnership Studies (CPS) and the Caring Economy Campaign.

Eisler takes issue with what most people call “the economy,” a wasteful and incomplete system that doesn’t actually economize in connecting what we have to what we need. She persuasively argues that it makes sense in both human and fiscal terms to value caring and caregiving, for one another and the natural world, providing myriad examples of countries, cultures, and companies that have benefited from that approach.

“In a way, the concepts are very simple. What could be more simple than saying the real wealth of nations isn’t financial? It consists of the contributions of people and nature,” Eisler told us by phone from her home in Monterey.

On March 20, Eisler gave a Congressional Briefing (attended by members and staffers in the Rayburn House Office Building) entitled “The Economic Return From Investing in Care Work & Early Childhood Education,” presenting a report on the issue that CPS and the Urban Institute released in December: “National Indicators and Social Wealth.”

“I think this is extremely timely,” Eisler told us, noting that the Republican Party’s currently aggressive fiscal conservatism must be countered with evidence that meeting people’s real needs is better economic policy than simply catering to Wall Street’s interests.

Her address to Congress followed ones that Eisler has given to the United Nations General Assembly and other important civic organizations around the world, and it was followed the next day by an address she gave to the State Department entitled: “What’s Good for Women is Good for World: Foundations of a Caring Economy.”

While Eisler said “there are people who are very excited about it,” she admits that her ideas have made little progress with the public even as the global economy increasingly displays many of the shortcomings she’s long warned against. “This is still very much on the margins.”

But that could be changing, particularly given the political organizing work that has been done in recent years around the rights of domestic workers and immigrants and on behalf of the interests of children and the poor, some of it drawing on the work of liberal economists such as Paul Krugman and Joseph Stiglitz.

“The Gross Domestic Product is a very poor measure of economic health,” she told us, noting that it perversely counts excessive healthcare spending, rapid resource depletion, and the cleanups of major oil spills as positive economic activity.

Erwin de Leon, a Washington DC policy researcher, opens “National Indicators and Social Wealth” with a quote from a speech that Robert F. Kennedy gave in 1968 criticizing GDP as a bad measure of progress: “It measures neither our wit nor our courage, neither our wisdom nor our learning, neither our compassion nor devotion to our country, it measures everything, in short, except that which makes life worthwhile.”

De Leon then writes: “An urgent need met by measuring a nation’s social wealth is identifying the attributes of a society that make it possible to create and support the development of the full capacities of every individual through the human life span. Social wealth indicators identify these drivers, with special focus on the economic value of caring for and educating children and the contributions of women and communities of color.”

The carefully documented report makes an economic argument that investment in caregiving and early childhood development more than pays for itself over the long run in terms of increased productivity and decreased costs from crime and other social ills, creating a happier and more egalitarian society in the process.

“Nobody talks about the work that immigrant women do and how it contributes to productivity. They free us up to do other things, but we don’t count it,” De Leon told us in a phone interview. “We put lots of value on numbers and the views of economists. The problem with the numbers is it’s an economic number that just values production.”

Eisler’s approach is neither liberal nor conservative, and she takes equal issue with capitalism and socialism as they’ve been practiced, labeling them both “domination-based” systems (as opposed to the “partnership-based” systems she advocates) that devalue caregiving and real human needs.

In fact, she seems to be even harder on progressives than those on the other end of the ideological spectrum, given the Left’s stated concern for women and communities of color. It was a point that Ammiano echoed: “There’s a lot of liberal guilt, but the follow-through has yet to happen.”

“What this entails is re-examining everything,” Eisler told us. “It starts with examining the underlying beliefs and values.”

 

INSTITUTIONAL SEXISM

Even in supposedly enlightened San Francisco, things are getting worse. On March 26, following a battle with SEIU Local 1021 that began last fall, the city’s Department of Human Resources submitted to a labor mediator its proposal to lower the salaries for new hires in 43 job categories, including vocational nurses, social workers, and secretaries.

The rationale: Those workers were paid more than market rates based on a survey of other counties. But it’s also true that those positions are disproportionately held by women and minorities. In the 1980s, San Francisco made a policy decision to raise the pay of what were traditionally female-dominated professions, part of a nationwide campaign to erase decades of pay inequity.

“The city is rolling back decades of historic work on pay equity in this city,” SEIU Political Director Chris Daly told us. “We were concerned about equal treatment of workers who were disproportionately women and people of color.”

DHS spokesperson Susan Gard told us, “The city is committed to that principal, equal pay for equal work, and we don’t think our proposal erodes that.” But she couldn’t explain why that was true. In reality, the move will lower the salaries for women that come to work for the city.

Those involved in the Domestic Workers Bill of Rights campaign mince no words when it comes to seeing the long history of sexism in political and economic institutions as one of the main obstacles they face.

“In so many ways, domestic work is women’s work, and women’s work has always been undervalued and underpaid,” Milagro said.

She even saw it growing up as child when she accompanied her father when he did housekeeping work, when he was treated “as nonentity, not human,” abuse and mistreatment that was exacerbated by the twin facts that he was an immigrant doing women’s work.

“Sexism has undervalued care work,” Feris said.

Ammiano likened the current struggle to the gay rights movement, and he said that when he started as a teacher back in the 1970s and wanted to teach in the early primary grades, he was told that was for women.

“It’s the feminization of labor,” Ammiano said. “When you have institutional sexism, you have to peel it back layer by layer.”

Eisler is equally direct: “We’ve all been taught to marginalize anything connected to the feminine,” she said.

She noted the vastly disproportionate global poverty rates of women compared to men and said “it’s because most are full or part-time caregivers,” work that isn’t often compensated.

Eisler said the current economic system “marginalizes and dehumanizes half the population,” asking how that could ever be considered ethical or equitable. She dismisses arguments that we can’t afford to value caregiving or work done in the home, noting that “there’s always money for the masculine values” of war and economic expansion.

Ammiano said the cultural blinders that prevent people from seeing how society discriminates against women and the work they do makes the problem more insidious and tougher to solve.

“If they’re doing it deliberately, it’s almost better because you can sink you teeth into it, but if it’s not deliberate then it’s tougher to corral,” he said.

Yet there could be subtle but important changes underway in how people value the roles of men and women in society.

There are indications that substantial majorities of people increasingly see men and masculine values as a big part of the problems the people of the world are facing. Author John Gerzema, whose forthcoming book is entitled Athena Doctrine: How Women (And the Men Who Think Like Them) Will Rule the Future, revealed some of the extensive polling research behind his book in a recent TED Talk.

Much of it points to what he called a “global referendum on men,” with strong majorities in countries around the world — with Canada the only exception — agreeing with the statements “I’m dissatisfied with the conduct of men in my country” and “The world could be better if men thought more like women.”

He and his research partners also had the tens of thousands of people they surveyed rate a list of traits as either masculine or feminine, and then later he had respondents state the traits they most wanted to see in their political leaders, finding that people around the world have begun to strongly prefer feminine traits to male ones in their leaders.

His conclusion: “Femininity is the operating system of 21st Century progress.”

 

THE SILVER TSUNAMI

The “silver tsunami” — Baby Boomers reaching old age and about to need more care — is about to break.

POWER, Senior Action Network, and many other San Francisco-based organizations in the Caring Across Generations campaign are part of a national push to increase access to and investment in caregiving, from early childhood development through care for those with disabilities to elder care.

“The caregiver industry is something we should invest in,” said POWER’s Garza. “We believe in a society that values care and we want to value that work.”

Yet with short-term, bottom-line thinking guiding the decisions, that requires a bold paradigm shift. Instead, the popular state In-Home Support Services program — which provides some compensation for caregivers of those with disabilities — is now facing an 8 percent cut as part of the recent settlement to lawsuits filed to prevent the 20 percent cut that then-Gov. Arnold Schwarzenegger had proposed.

The SF-based lawyer who filed the lawsuit, Stacey Leyton, told us this was the best settlement possible given the current political climate and the risk of deeper cuts if the Ninth Circuit Court of Appeals ruled in the state’s favor. But she thinks any IHHS cuts are short-sighted: “Any cuts to home care may balance the budget ledger now, but they can cause more costs later in the form of nursing home care and emergency room visits.”

James Chionsini, a community organizer with the Senior and Disability Action (SDA, formerly Senior Action Network), tells us that in addition to the sheer size of the “silver tsunami” coming through — which will require a huge influx of caregivers — efforts by the federal and state governments to contain medical costs could hurt the “upper-poor,” who are required to somehow pay a share of their MediCal health care costs.

That’s one reason why SDA, POWER, and other groups are supporting several campaigns aimed at creating a more caring society, from the Domestic Workers Bill of Rights to Caring Across Generations to basic, bread-and-butter political organizing efforts.

“Organizing is so important,” Garza said, while Chionsini said, “It’s about raising the profile of people who are providing care.”

Milagro said that if the immigrant women who do domestic work score a major victory, that could empower other marginalized groups. “It’s about a change in consciousness,” she said. “This can show a path for other movements to build, strengthen, and work together.”

Garza agrees that important, foundational changes are already underway, even though they will require lots of hard organizing work to bring them to fruition.

“There is a groundswell. This is happening,” she said, noting that it revolves around asking important questions. “How do you look at an economy not rooted in patriarchy? What would it look like if we had to compensate mothers?”

Next week: Part II, Do we care about the natural world?

Willie Brown and Ammiano’s pot bill

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Assemblymember Tom Ammiano’s new medical marijuana bill seems pretty straightforward. Almost everyone in the medpot biz thinks there ought to be some sort of statewide regulations for a growing industry that operates in a mish-mash of local jurisdictions with no overall rules. If nothing else, consumer-protection policies ought to be in place. And, of course, the more the dispensaries accept, and follow, reasonable regs, the easier it is to win the mainstream political support necessary to get the feds off all of our backs and ultimately follow Colorado and Washington.

All good, right?

So Ammiano, who has been on this issue for years, is proposing that the state’s Department of Alcoholic Beverage Control — which for all its problems has experience regulating mind-altering substances — draft and oversee medpot rules.

But the industry that makes a lot of money off the legalization of medicinal weed is famously fractured — and the politics of Sacramento are often nasty. Add in former San Francisco Mayor Willie Brown — who has his fingers in all sorts of business opportunities these days — and the story turns downright weird.
Ammiano’s been talking about Califonria and pot for years. He proposed legalization before the other states did, but frankly, this current state Legislature’s never going to have that kind of courage.

But he continues on with the effort. Last year, he tried to put pot under the Department of Consumer Affairs, which clearly didn’t want it; his bill died in the state Senate.

Normally, when new regulations are proposed for an industry, the Legislature holds what’s called a Sunrise Hearing, to bring all the stakeholders into a room and talk about what issues ought to be addressed. So Ammiano a few months back asked for a hearing in the Senate Business, Professions, and Economic Development Committee. No problem, said the chair, Curren Price, a Los Angeles Democrat.

But in February, five days before the hearing was set, Curran called the whole thing off. Turns out that the Governor’s Office and the Attorney General’s Office wanted no part of it, so it was hard to round up the essential players. Also, Curran was running for an open LA City Council seat and probably didn’t want the publicity. As Ammiano said at the time, “What’s up with marijuana? You can’t even have a hearing?”

Even without a hearing, he’s moving a new bill, AB 473, which would create under ABC a Division of Medical Cannabis Regulation and Enforcement. The bill is modeled on a successful effort in Colorado that has kept the feds at bay. Washington is also putting marijuana regulation under its liquor control authority.
“We’ve had not one federal intervention,” in Colorado, Matt Cook, a consultant who help write the rules in that state, said.

But just as Ammiano was preparing to line up support for his measure, another bill mysteriously appeared, in the state Senate. A “spot bill” with no actual content, the measure was set as a medical marijuana regulation placeholder. The authors: Senate President Darrell Steinberg and San Francisco’s Mark Leno.

Now: Leno’s been a big supporter of medical pot for years — but the bill wasn’t his idea. “Darrell told me he was going to do something about marijuana regulations, and he asked me if I would join him,” Leno told us.

What Leno didn’t know: Steinberg had been approached and asked to carry a bill by Willie Brown. Brown contacted the Senate president, sources tell us, and said that Ammiano was the wrong person to carry pot legislation.

Why? Who knows. Brown wouldn’t return my calls. But I can tell you with absolute certainty that Brown has been looking for ways to discredit Ammiano since 1999, when the then-supervisor challenged the mayor’s re-election in a legendary write-in campaign that galvanized the city’s left and created the momentum for the complete rejection of Brown’s politics and endorsed candidates a year later, in the first district elections.

And yes: Willie Brown carries a grudge. So it’s possible that he would go out of his way to make sure that Ammiano didn’t get credit for leading the way on what will evenutally be a huge sea chance in how California handles pot.

Now: This sort of thing isn’t viewed very highly in the hallowed halls of the state Leg, where people take their bills — and their history on issues — very seriously. Ammiano was furious, and talked to Steinberg, who (properly) apologized for stepping on his toes. Leno told us he had no intention of undermining his San Francisco colleague, that he had immense respect for Ammiano and all of his efforts, and that he wouldn’t move forward with any bill that didn’t have Ammiano’s input and support.

But it raises the question: Why is Brown even involved in medical marijuana? The only answer I can come up with is that he’s making money off it. Not as a dispensary owner or a grower, but as, in effect, a lobbyist.

When I heard Brown was messing around with the industry, I called Steve DeAngelo, who runs Harborside Health Center, the $22 million a year dispensary in Oakland. DeAngelo’s a promient leader on medical marijuana issues, and has built a respected business that pays taxes to Oakland, provides quality product, and is in many ways a model for what a dispensary should look like.

We talked for a while about Ammiano’s bill, and DeAngelo said he wants to be sure there’s community consensus. “The most important thing is that whatever passes addresses the issues and has broad supoprt in the industry,” he said. He agreed that regulation is needed, but stopped short of endorsing Ammiano’s bill, saying “there still needs to be further discussion.”

Then I asked him if he knew why Brown was talking to the state Senate president, and he told me:

“Willie Brown has been a political advisor to Harborside.”

I asked him if Harborside was paying Brown for his advice. He refused to say.

Okay then. But Brown doesn’t have much of a history of working on this issue pro bono, and is not known for serving as a “political advisor” (or doing much of anything else in the way of work) for free.

What does Brown think about the Ammiano bill? “He thinks,” DeAngelo said, “that it’s important it have a broad base of support.”

Willie Brown is not popular with the voters of California. His history of questionable (at best) ethics was among the reasons the voters approved terms limits for the Legislature. Hardly anyone on the left trusts him. A medical marijuana regulatory bill that has his fingerprints isn’t going to do much for “consensus” or “broad-based support.”

So maybe the best thing Brown could do for his client is stay the hell out of Sacramento.

Everybody likes Jerry; now what?

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For the first time in many years, Californians seem to like their governor. Jerry Brown’s approval rating is now above 50 percent; actually, it’s closer to 60 percent. And the Legislature is more popular, too. (Although ratings of the state Leg, like ratings of Congress, are pretty bogus — I may think the Legislature as a whole is doing a crappy job, because there are too many conservatives, but I think my own Assemblymember, Tom Ammiano, and my own state Senator, Mark Leno, are excellent. Republicans feel the opposite way. Nobody likes the body as a whole, because the body as a whole will never be liberal enough for me or conservative enough for Orange County.)

So here’s the question:

In politics, one of the things you do is build capital. You build it with your reputation, by doing things well (or at least things that make some group of constituents happy). You can’t keep it in the bank forever, or it gets stale and eventually starts to fade away; at some point, you have to use it.

The typical younger politician builds capital for future races — you get high marks as a city council member or county supervisor and you cash in some of that to get elected to the state Leg, then maybe to statewide office or Congress. But our guv isn’t typical in any way, and he’s not young; he might have one more term in office, which at this point he would win easily if he seeks it. But that’s almost certainly the end of the line. For better or for worse, I just don’t see a President Jerry Brown in our future.

So what’s he going to do with his political capital? What are the Democrats in the state Leg, who finally have the confidence of the voters, going to do?

If Jer thinks he’s going to build a couple of giant tunnels under the Delta to move more water south, he’s even battier that we think; that’s never going to happen. The entire environmental world is against it, it’s way too expensive, it will wind up getting delayed by lawsuits until long after Brown is out of office, and there’s no guarantee a future governor will keep Jerry’s Big Dig alive.

He’s got high-speed rail, a much better use of money that has widespread support, but that’s also a long-term project.

So what about reforming Prop. 13? He knows it’s a policy disaster. It’s not going to be repealed, but with the governor’s support, a split-role measure or some other credible reforms could transform local government and do more for the public schools than any pointed-headed “education reform” plan will ever do.

Or single-payer health care. Everyone knows that California’s getting screwed by the insurance industry. We have to write new rules for implementing Obamacare anyway. Twice, the state Leg has passed single-payer bills that were vetoed by the governor (not this governor).

It’s actually possible to lead the way to some changes that people will remember for decades. Jerry: You won’t get this chance again.

 

 

 

 

Finally, a way to get toxics out of furniture

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Gov. Jerry Brown has finally done what the state Legislature refused for six years to do: He’s eliminating the requirement that household furniture and children’s cribs, car seats, and strollers be treated with toxic flame-retardant chemicals.

State Sen. Mark Leno has been working on this since 2006, and has introduced four different bills that were aimed at the chemicals that are known to cause serious health problems and are prevalent in coaches, chairs and other furniture. At one point, he simply sought to protect kids; he later gave up on banning the chemicals and sought simply to allow manufacturers to use other, less toxic forms of fire retardants. But the chemical industry launched a high-powered lobbying effort to protect the mandates, and all of his bills were defeated.

The standards that California uses were written 40 years ago, when state officials were worried about the danger of furniture fires, primarily started by smokers leaving lit cigarettes on a coach or chair. They’ve become a de facto national standard, since nobody wants to build furniture that can’t be sold in the nation’s biggest market.

But there’s now abundant evidence that the chlorinated and brominated chemicals used to treat polyurethane foam, which is prevalent in upholstery, are linked to cancer, reproductive problems and learning disabilities.

Alternatives to those chemicals are available — and, along with the emergence of self-extinguishing cigarettes and the widespread use of smoke detectors, the old rules have become obsolete.

Now Brown’s Department of Consumer Affairs has rewritten the regulations, allowing for a more effective standard that can be met without dangerous chemicals. The new regs are complicated (try reading this and making sense of it) but what they say, in essence, is that products designed for children no longer have to meet the old standards — and adult furnishing can meet a more modern standard that doesn’t require the use of chlorides and bromides.

“This is a landmark day,” Leno told us. “This will not only change the way California deals with fire safety; it will impact the rest of the country.”

Leno said that as soon as the new rules take effect, he will try to get the Legislature to adopt them as law, so a future governor can’t go backward.

The chemical industry tried to derail the governor’s effort, too — and enlisted the help of Leno’s colleague, state Sen. Leland Yee.

A Jan. 9th letter signed by 20 state Legislators urges Brown not to change the existing standards. Reading like a handout from the chemical industry, it refers to the “alleged chemical risks” and suggests that the governor instead have those chemicals further studied — a process that could delay any changes for some time.

That’s crazy: “Endless scientific studies (including a recently released report that makes a connection between exposure to flame retardants and reduced IQ and higher rates of autism) and every environmental advocacy group that these chemicals are known to be toxic and harmful to human health and development,” Leno said.

Yee is among the mostly conservative, pro-industry signatories.

We contacted Yee for comment more than a week ago, but he hasn’t called. His chief of staff, Adam Keigwin, told us the letter “it is consistent with his position that all chemicals should go through Green Chemistry Council to leave the conflicting science to the experts rather than politicians. In addition, it is consistent with the position of the all the major burn centers and doctors, including those in San Francisco, who believe this fire retardant is necessary to save lives.”

Actually, the science isn’t “conflicting” at all; it’s entirely consistent. And the state regulators have concluded that alternatives to toxic substances can provide even greater fire safety.

In fact, Andrew McGuire, one of the pre-eminent burn specialists in the country, told us Yee’s statement was off the mark. “I know that’s not what the doctors at San Francisco General think, and that’s where my office is,” he said. “The top burn doctors belong to the American Burn Association, and that group’s position is not in support of toxic flame retardants.”

 

 

 

City College forum questions new reforms as deadline looms

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More than 300 of City College of San Francisco’s students and faculty piled into a meeting hall at the school’s Mission campus last night, Feb.7, all waiting to hear the answer to one question: What can we do to save City College?

CCSF failed to meet a list of six requirements to improve the school that the Accrediting Commission of Community and Junior Colleges gave it to complete in 2006, notably in measuring student learning outcomes and in managing its finances. Failing to meet those deadlines, the ACCJC told City College last June that it had until March 15, 2013 to fix their school, or it would face losing its accreditation — which means the college would lose state funding, and the degrees it offered from that point on would be almost worthless.

Concerned for the future of their college, a coalition of students, faculty and community members started “Save CCSF,” the group that organized the teach-in at Mission campus.

Students occupied every chair, standing shoulder-to-shoulder in the back of the hall. The meeting was about education, the first speaker announced, meant to inform students about the crisis. How did CCSF come under threat of closure? Who is the accreditation body that posed the threat? The answers were complicated, and filled with accusations against the ACCJC, and the school’s own Board of Trustees.

We do accept there are deficiencies at City College,” student Inder Grewal, 20, said to the crowd. “But the administration is making change at a pace that is hurting faculty and students at our school.”

Notable speakers came out to show their support for the diverse students at City College. Wisconsin State Senator Spencer Coggs, one of the “Wisconsin 14” who fled the state to deny Governor Scott Walker quorum in the senate over his union-busting legislation, spoke in his support of City College’s labor force.

We believe in justice for workers rights, correct?” he said to the crowd, to cheers. “You in California supported us in Wisconsin, we in Wisconsin support you in California.”

State Assemblyman Tom Ammiano, who represents San Francisco, sent a representative to show his support for the Save CCSF coalition. “We have been working on this issue,” Kimberly Alvarenga, Ammiano’s district director, said to the coalition supporters. “Last week we had a meeting with Assemblymember Ting, labor, and a rep from the [California Community College] state chancellor’s office to get a conversation started. We’re in solidarity with you.”

Just today, Ting held a press conference to support City College. Notably, CCSF faculty union leader Alisa Messer, staff union head Athena Steff, and SF Labor Council head Tim Paulson spoke as well, perhaps signaling Ting’s support of labor at the college.

At the press conference, college spokesperson Larry Kamer acknowledged the disagreements within the college, and offered to find middle ground.

There’s a lot we don’t agree on,” he said. “But one thing we do agree on is we want City College to remain accredited, we want people to recognize the work that’s been done, we want them to appreciate what we still have to do. But the headline today is we want people to enroll.”

Above, video of the press conference courtesy of The Guardsman, the newspaper of City College of San Francisco

The makeup of the crowd of currently enrolled students at the coalition meeting last night was a good indicator of exactly who stands to lose in City College’s shakeup. Easily half the room was filled with Latino students of every age and stripe, and many of them answered that they were English as Second Language students worried about their future.

I was a dishwasher, a janitor, everything,” said a man who wanted to be identified only as Jose because he is an undocumented student. Jose emigrated from El Salvador 10 years ago, and decided to take ESL classes at City College so he could get a new lease on life. He hasn’t decided on his major yet, maybe natural sciences, creative writing, or social science. The world is open to him, he said, because of his ESL classes.

If I hadn’t taken classes at City College, I couldn’t be talking to you now.”

He and other students were there for answers, and the answers they got were alarming.

Changes for the worse

The Save CCSF coalition urged the hundreds of students and faculty in attendance to bring anyone they could to rally at City Hall on March 14 — the day before City College is set to deliver its “show cause report” to the ACCJC. The report is a detailed report of the progress the college has made to address the ACCJC’s requirements for change. You can read the draft here.

In order to meet the ACCJC’s requirements, the board of trustees and administration have been making stark changes to the college, ones that the people in the meeting that night said were harming students.

Who’s been to the Bayview district?” Shanell Williams, associated students president, asked the crowd. Easily 30 hands went up. “There was a van students were using to get to their campus without getting shot, that the college cut out of the budget. It’s about access.”

The college is cutting funds wherever it can, and the private bus that shuttled students across gang lines in the Bayview was only the first of many changes. The Save CCSF coalition also told the crowd that they were fighting to restore the jobs of the over 30 classified staff and 50 faculty that weren’t rehired for this school year — essentially let go.

Use the Proposition A funds as promised,” Tarik Farrar, chair of African American studies said. He was referring to the language in Prop. A that went before San Francisco voters last November saying the $14 million parcel tax would be used to stop faculty layoffs at City College. “It’s explicit, not vague. The interim chancellor and special trustee does not have the right to use the money as they choose.”

Protecting labor isn’t strictly about protecting teachers because ultimately, the loss of faculty shrinks class offerings and class sizes.

Farrar was especially concerned that the belt tightening at the school would shrink the population it sets out to serve, something the college has already put into writing, by rewriting its mission statement.

“If you turn CCSF into a school of 20,000 students it will not be accessible,” he said. “The students that will be hurt disproportionately by this school will be the students I teach, people who look like this room, mostly.”

It is important to note that City College is still open, and is still accredited. The school is currently under-enrolled to the tune of about 3,000 students. The loss of that many students could possibly result in the state withdrawing funds for the school to the tune of at least $5 million, according to school officials in public meetings.

For further reading on the City College crisis from the students themselves, check out the following:

Can City College students transfer to SF State if the college closes
?

25 percent of community colleges in California are under sanction

Pot hearing cancelled — but why?

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The state Senate Business, Professions, and Economic Development Committee was slated to hold a hearing Feb. 11 on Assemblymember Tom Ammiano’s efforts to create a regulatory framework for medical marijuana. That’s a fairly common practice when a new set of professional regulations is proposed; it’s called a “sunrise” hearing, and the idea is to get all the players in the room and see what kinds of concerns they have. A bill Ammiano introduced last year, AB 2312, would have put the authority to set state regs under the Department of Consumer Affairs; it died in the state Senate, but it will come back in some form or another.

So the committee chair, Sen. Curren D. Price, a Los Angeles Democrat, set the hearing, and committee staff went about rounding up witnesses — and then five days before the gavel dropped, the whole thing was called off.

What happened? Couple of things.

For starters, the office of Gov. Jerry Brown officially doesn’t like marijuana. And the DCA is part of the governor’s office. And the attorney general, Kamala Harris, has been awfully careful about getting into the medical marijuana fray. And the feds — or at least, the US attorney for Northern California — officially hates anything to do with the devil weed.

And all of those people should have been part of the regulatory discussion, except that somehow, they couldn’t quite make it to the hearing. “We had difficulty getting representatives of the administration and the attorney general to come,” Committee Consultant G. V. Ayers told me.

Then there’s the fact that Price is running for Los Angeles City Council (funny — in San Francisco, the supervisors want to be in the state Legislature. In LA, the state legislators want to be on the City Council. Possibly because there are no term limits, and there’s a huge city budget). And the election is in March. And anything Price (who has supported medical marijuana in the past) said or did that suggested he loves loco weed might get slung at him in the waning days of a long, expensive campaign.

So in 2013, everyone’s still afraid of pot. “What’s up with marijuana?” Ammiano asked me. “You can’t even have a hearing?”

Apparently not.

Life after the death penalty

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Tell me: Does any sane person really believe that the world would be a better and safer place if Rick Stevens had been executed by the state of California?

The guy was all fucked up on drugs when he shot three men. Horrible crime. He spent most of his adult life in prison. And now, at 72, he’s out on the streets — where the odds that he will ever hurt anyone again are infintessimally small.

Instead of spending millions and millions of dollars to kill him, the state gave him a life sentence, with the possibility of parole, which was finally granted. It’s hard to argue that justice wasn’t done.

This was the legacy of the Rose Bird Court, the most progressive Supreme Court in California history, from back when Jerry Brown was a young governor. Bird and her colleagues didn’t like the death penalty, and ultimately ruled that the state’s executiion process was unconstitutional. So people like Stevens got a second chance.

Not saying he should have gone free; nobody says that. But the state saved money, and saved a life, by failing to carry out the ultimate punishment. And I think we’re all better off for it.

Our freak of a governor

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We all know this, but I have to say it again: Jerry Brown is one strange agent.

His State of the State address was blessedly short: Jer doesn’t waste a lot of time. In fact, a few minutes in, the crowd in the state Assembly chambers was applauding for the second or third time, and he told them to stop; “this is my longest speech and we’re not going to get out of here.” I clocked it, applause and all, at about 16 minutes.

But lordy, lordy, what a crazy amalgam of stuff he packed in. From Montaigne to the Little Engine that Could, the Ten Commandments to Pharoh’s dream about the seven cows, Franklin Roosevelt to Gaspar Portola … all over the map would be a gentle way of describing it.

And that was the political message, too: We can do great things, spend billions on a massive underground peripheral canal and high-speed rail — but we can’t backfill the cuts that are leaving tens of thousands in poverty because we have to live within our means. The mandate for renewable energy is great, but we shouldn’t just keep on passing laws:

Constantly expanding the coercive power of government by adding each year so many minute prescriptions to our already detailed and turgid legal system overshadows other aspects of public service. Individual creativity and direct leadership must also play a part. We do this, not by commanding thou shalt or thou shalt not through a new law but by tapping into the persuasive power that can inspire and organize people. Lay the Ten Commandments next to the California Education code and you will see how far we have diverged in approach and in content from that which forms the basis of our legal system.

Serious, Guv? “Constantly expanding the coervice power of government?” That’s channelling your inner Ronald Reagan, no? Oh, and weren’t you the mayor of Oakland who let the cops do pretty much anything they wanted in the name of public safety — and who is the darling and best pal of the prison guards union? Talk about the coercive power of government. And one of the bills you’ve never supported is Assemblymember Tom Ammiano’s effort to legalize marijuana — eliminating a particularly troubling “coercive power of government” — because you’re worried that we can’t compete with China if everybody’s stoned.

I like high-speed rail, and investing in education, and I agree that there’s too much emphasis on one-size-fits-all standardized tests and measurement tools in the public school system. The school funding formula is, generally, a good idea. And I am utterly on the side of our tightwad leader in the battle to keep tuition from rising at CSU and UC.

So on some of the substance, Brown’s speech made sense. But I’ve been a Jerry watcher for many, many years, and he never ceases to baffle me. I supose that’s part of his point.

Let’s remember: Brown grew up in a wealthy patrician family, and he’s never had to worry about working for a living or finding an affordable place to live. He’s way out of touch with what millions of Californians face every day — and that’s why it’s easy for him to sit up in Sacramento and talk about “living within our means.”

The end of landlines?

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news@sfbg.com

The market for smart phones has reached the saturation point in the United States; it’s hard to find anyone who doesn’t have a mobile device. Hard, maybe — but not impossible. There are still thousands of people, many of them seniors, who rely on that old-fashioned, low-tech landline for their inexpensive connection to the world — and they’re about to lose out.

The deregulation of the telecommunications industry has reached the point where phone companies in California and elsewhere are getting ready to pull out and disconnect the copper wires that support traditional landlines — which, by law, have to be made available at dirt-cheap rates to low-income people.

And while so-called Lifeline rates for cell phones are coming, they aren’t available yet.

“It’s extremely important,” Nick Pasquariello, a senior and low-income resident of San Francisco who uses a landline with a Lifeline rate, told us. Like many seniors, Pasquariello says his old phone is cheaper, more reliable and simpler than a wireless plan.

“The technology and rates are changing all the time. It’s confusing,” he says, adding that the end of landlines would be detrimental to many people. “I haven’t heard of Lifeline for cell phones.”

So over the next year or two, seniors could find themselves disconnected. “It’s clear to us that companies like AT&T and Verizon are planning to get rid of their copper networks,” said Paul Goodman of the Greenlining Institute in Berkeley, which conducts public policy research and advocacy. Telecom companies have spent years lobbying to retire those lines, arguing that they’re expensive to maintain, which explains why they’ve been remiss when it comes to their upkeep.

“The phone companies are not repairing or maintaining old copper networks. They don’t want the responsibility,” Goodman explained.

Basic utilities like phone service have long been considered necessities and legislators have ensured that every household has access to them.

But replacing copper with newer technology makes better business sense. “It’s more lucrative to operate the VoIP and wireless networks,” Mark Toney, Executive Director of The Utility Reform Network, or TURN, told us. “They’re able to charge more per month and the profits are greater.”

The deregulation of phone service is nothing new; it started back in 1984 with the break up of AT&T. But it’s reaching the point where there’s little oversight at all.

In 2011, lawmakers in Wisconsin passed the Telecommunications Modernization Act and last year, virtually eliminating state regulation of phone companies. In New Hampshire, Governor John Lynch signed a similar bill into law. In California, SB 1161 went into effect a few months ago, lifting the California Public Utilities Commission’s regulatory power over internet-based phone services like VoIP and IP, among other things.

The bill’s passage caused consumer advocates to argue that deregulation would lead to price gouging and unfair business practices like cramming (or unauthorized third party charges found on a customer’s bill).

“We’re concerned with making sure consumers and seniors still have their protections which we think should apply regardless of the technology,” said Michael Richard, associate state director of advocacy for AARP.

Right now, Lifeline service is only offered through landlines. Retiring copper wire networks, and thus traditional landline service, could eliminate Lifeline altogether.

As the telecommunications industry has upgraded its products and services to accommodate newer technology, the CPUC has been forced to rethink its idea of what basic service looks like. Bill Johnston, Telecommunications Advisor to CPUC Commissioner Catherine Sandoval, told us the commission is working to make improvements.

“The earlier definition of basic service was from 1996 so there was a need to update that definition to include wireless service,” said Johnston, adding that the commission approved redefinition of “basic service” in December. That redefinition included offering Lifeline to “wireless and non traditional providers.” The definition reads: “Any basic service provider offering basic service must offer Lifeline rates on a non-discriminatory basis to eligible customers within the region where the provider offers basic service.”

But the service isn’t yet available for wireless or VoIP — and some fear that the current program will eclipse before a new one is in place. Johnston said a meeting is set for January 29 to discuss the scope of rules for Lifeline, and public hearings will be held around the state later this year to address this and other issues related to telecom deregulation.

The argument that landline phones are dying out may have some validity, but their benefits and practicality are evident — take for instance weather emergencies. After Hurricane Sandy struck the Northeast a few months ago, many towers providing service to cell phones went down. Landline users, however, were unaffected and still able to get in touch with family and emergency services.

According to Johnston, the commission is well aware of the benefits. “They want to make sure the wire line remains available because it has traditionally been the more reliable service.”

The notion that landlines phones are becoming obsolete has some consumer advocates rolling their eyes. “Most people in California have both cell phones and landlines,” said Toney.

Arnold’s baaaack! Plus more new movies

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Get to the theatah! California’s (thankfully, former) Governor returns to the multiplex to do what he does best: speak in one-liners and carry a big gun. My review of The Last Stand below the jump, along with short takes on the Mark Wahlberg-Russell Crowe crime drama Broken City, and more.

Also this week: Hellbound?, a doc about damnation at the Yerba Buena Center for the Arts (Dennis Harvey’s take here); the Mostly British Film Festival (my round-up here); and the Guillermo del Toro-endorsed horror flick Mama, starring Jessica “Zero Dark Oscar” Chastain. Plus, tonight, the original Django (1966) screens at the Castro! More here.

http://www.youtube.com/watch?v=tCYaWxHJ_BU

Broken City Catherine Zeta-Jones’ measured performance and killer wardrobe run away with this uneven political thriller about a made-up Manhattan with real(-ish) problems. Russell Crowe is only slightly improving his record post-Les Mis, as he plays another harried and morally confused agent “for the people.” Here, he’s Mayor Hostetler, a swaggering politico with fingers in New York’s real estate cookie jar and the sort of “get shit done” directive that results in bodies lying in NYC’s overfilled gutters. Good thing he has Mark Wahlberg in his back pocket, a cop who slipped a murder wrap and now scrapes the bottom for gigs as a private detective. Seven years ago Billy Taggart (Wahlberg) was seeking vigilante justice for the victim of a rape-murder in the city’s biggest ghetto. The victim became a household name but the killer was let off, leading to cries about the validity of NY’s justice system and to allusions to the Central Park Five. Broken City is less about a broken City and more about broken Men, and there are certain elements that seem too subtle for a story built on such bald-faced and predictable strategy. Between a script that’s struggling to demonstrate moral compromise and integrity, and direction (by Allen Hughes) that’s as sensitive to nuance as a border collie, it’s hard to find much beyond Zeta-Jones’ shoe stylings to admire. (1:49) (Sara Maria Vizcarrondo)

The Last Stand With gun control issues dominating the news, what better time to release a movie that lovingly glorifies the wonders of excessive firepower? Fortunately for star Arnold Schwarzenegger, making his return to leading-man status after that little fling with politics, The Last Stand is stupidly enjoyable enough to make any such PC-minded realizations relatively fleeing ones. When a Mexican drug lord (who also happens to be an expert race-car driver) escapes from federal custody and begins speeding home in a super-Corvette, the lead FBI agent (Forest Whitaker, slumming big-time) realizes his only hope is a teeny Arizona border town that happens to be overseen by Sheriff Schwarzenegger. (Other residents include a couple of hapless deputies; an Iraq war vet; and a gun nut played by a cartoonishly obnoxious Johnny Knoxville.) Can this ragtag crew hold off first the drug lord’s advance team (led by a swaggering Peter Stormare), and then the head baddie himself? Duh. The biggest surprise The Last Stand offers is that it’s actually pretty fun — no doubt thanks to the combo of Korean director Kim Jee-woon (2008’s eccentric The Good, The Bad, and the Weird; 2003’s spooky A Tale of Two Sisters) and the heft of Schwarzenegger’s still-potent charisma. (1:47) (Cheryl Eddy)

http://www.youtube.com/watch?v=a-NeApCGEDE

The Law in These Parts Ra’anan Alexandrowicz’s documentary is a rather extraordinary historical record: he interviews numerous retired Israeli judges and lawyers who shaped and enforced the country’s legal positions as occupiers of Palestinian land and “temporary guardians” of a Palestinian populace living under foreign occupation. The key word there is “temporary” — in using here a different (military rather than civil) justice from the one Israeli citizens experience, Israel has been able to exert the extraordinary powers of an invading force in wartime. But what is “temporary” about an occupation that’s now lasted nearly 45 years? How can the state justify (under Geneva Convention rules, for one thing) building permanent Jewish settlements that now house about half a million Israelis on land that is as yet not legally Israel’s? By constantly changing the terms and laws of occupation, they do just that. If many policies have been perhaps necessary to control terrorist attacks, one can argue that they and other policies have created the climate in which oppositional fervor and terroristic acts were bound to flourish. That, of course, is a political-ethical judgement far beyond the public purview of the judges and others here, whose dry legalese admits no personal culpability — and indeed sometimes seems almost absurdly divorced from real-world ethics and consequence, which of course serves an increasingly rigid governmental stance just fine. Without preaching, The Law in These Parts raises a number of discomfiting questions about bending law to suit an agenda that in any other context would seem frankly unlawful. (1:40) Roxie. (Dennis Harvey)

http://www.youtube.com/watch?v=BWleS2KfRY0

Let Fury Have the Hour Though its message — that creative expression is a powerful, meaningful way to fight oppression — is a valuable one, Antonino D’Ambrosio’s Let Fury Have the Hour covers turf well-trod for anyone who has ever seen a documentary about punk rock and social justice. (Especially when it contains usual suspects like Ian MacKaye, Shepard Fairey, and Billy Bragg waxing nostalgic about how nonconformist they were in the 1980s.) In truth, Fury is more collage than doc, pasting together talking-head interviews (also here: Chuck D, John Sayles, Van Jones, Tom Morello, Boots Riley, and Wayne Kramer, plus a few token women, chiefly Eve Ensler) with a mish-mash of sepia-toned stock footage that more or less thematically compliments what’s being discussed at the time. A more focused examination of D’Ambrosio’s thesis might have resulted in a more effective film — like, say, an in-depth look at how Sayles’ politically-themed films (here, he reads from the script for 1987’s Matewan in a frustratingly brief segment) are echoed in works by contemporary artists and citizen journalists, particularly now that the internet has opened up a global platform for protest films. Listen: I admire what the film is trying to do. I am OK with watching yet another doc that contains the phrase “Punk rock politicized me.” But with too much lip service and precious little depth, Fury‘s fury ends up feeling a bit diluted. (1:40) Balboa. (Cheryl Eddy)

http://www.youtube.com/watch?v=uyvfVyV1eq0

LUV Baltimore native Sheldon Candis drew from his own childhood for this coming-of-age tale, which takes place in a single day as 11-year-old “little man” Woody (Michael Rainey Jr.) tags along with his uncle, Vincent (Common), recently out of jail and rapidly heading back down the criminal path. With both parents out of the picture, Woody’s been raised by his grandmother (Lonette McKee), so he idolizes Vincent even though it’s soon clear the short-tempered man is no hero. Of course, things go horribly awry, bloody lessons are learned, tears are shed, etc. Despite the story’s autobiographical origins, the passable LUV suffers greatly by inviting comparisons to The Wire — the definitive docudrama examining drug crime in Baltimore. Most blatantly, sprinkled into an all-star cast (Dennis Haysbert, Danny Glover, Charles S. Dutton) are supporting characters played by Wire icons Michael K. “Omar” Williams (as a cop) and Anwan “Slim Charles” Glover (as a meaner Slim Charles, basically). Perhaps if you’ve never seen the show this wouldn’t be distracting — but if that’s the case, you should really be watching The Wire instead of LUV anyway. (1:34) (Cheryl Eddy)

http://www.youtube.com/watch?v=wk6IB_Kgl4E

The Rabbi’s Cat A rabbi, a Muslim musician, two Russians (a Jew and a boozy Christian), and two talking animals hop into an antique Citroën for a road trip across Africa. No, it’s not the set-up for a joke; it’s the premise for this charming animated film, adapted from Joann Sfar’s graphic novel (the author co-directs with Antoine Delesvaux). In 1930s Algiers, a rabbi’s pet cat suddenly develops the ability to talk — and read and write, by the way — and wastes no time in sharing opinions, particularly when it comes to religion (“God is just a comforting invention!”) When a crate full of Russian prayer books — and one handsome artist — arrives at the rabbi’s house, man and cat are drawn into the refugee’s search for an Ethiopian city populated by African Jews. Though it’s not suitable for younger kids (there’s kitty mating, and a few bursts of surprising violence) or diehard Tintin fans (thanks to a randomly cranky spoof of the character), The Rabbi’s Cat is a lushly illustrated, witty tale of cross-cultural clashes and connections. Rockin’ soundtrack, too. (1:29) (Cheryl Eddy)

Texas and tax cuts suck; CA leads job growth

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How many times have we heard that jobs are leaving California for Texas? How many times have big-business groups and the polticians who play to their needs said that lower taxes and corporate welfare make states more “competitive” and are good for the economy?

So look, for a moment, at California and Texas. Who has the lower taxes and the governor who will do whatever employers want? And who has the more robust job growth?

Just goes to show: Tax breaks do not a health economy make. What companies look for when the make location decisions is much more complicated. An educated labor force (which, by the way, means spending tax money on schools and colleges), access to transportation (again, a public-sector concern) and yes, a decent place where the executives want to live are bigger factors than things like the payroll tax.

That’s what studies have shown repeatedly over the years — and it’s playing out now in CA.

No Oscar for the guv’s budget

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OPINION Given that Gov. Jerry Brown put out his proposed budget the same day that Oscar nominations came out, it’s tempting to make some comparisons.

Brown’s budget, like the nominated musical “Les Misérables,” has plenty of numbers, and will make some people cry.

But I take the new budget seriously, the same as every budget I’ve seen since I got to Sacramento. Unlike most of the recent budgets, this one doesn’t feature a big deficit. Give the Governor some credit for that, but let’s look at how he’s done it. Not all of it is pretty.

To start with, education gets a boost. That’s clearly what California’s voters wanted when they passed Proposition 30 in November. The budget will give more generous increases to the school districts that have more education challenges, and it boosts funding for higher education. We can cheer that.

It also funds the next steps for implementing federal health care reform. That bodes well for efforts to make sure all Americans and all Californians are insured. Under ideal circumstances, of course, we’d be talking about single payer.

There are other, less cheerful things in our future.

There’s an across-the board 20 percent cut to In-home Health Supportive Services beginning in November. This comes from an odd “optimistic” assumption from the governor that the courts that kept him from making those cuts earlier will let him do it now.

Child care funding is flat, which would be tolerable if it weren’t for past cuts. It’s hard to find a better investment in our state than child care. Kids in good child-care programs do better when they get to school. Child care allows more people to work and attend job training. Restoring child-care funding is critical for the state.

Keeping CalWORKS benefits at half of what they used to be is similarly shortsighted, as are cuts to the AIDS Drug Assistance Program, reductions in Medi-Cal provider rates and funding changes for students in higher education.

While preaching austerity, Brown keeps pouring money into a prison system that needs more reform. Sentencing and release programs could be altered to reduce the need for overstuffing prisons without risk to Californians. Overcrowding continues, with one women’s prison in the Central Valley at 180 percent of capacity. This is not stewardship that inspires confidence.

Prison programs to help people beat drug addictions and find jobs when they come out are gone. We are missing a chance for long-term reductions based on rehabilitation. Instead we continue to shuffle bodies around.

Spending choices are not the only problem. The governor skipped some ways of boosting revenue. What about the rules surrounding Proposition 13? Local jurisdictions would benefit from closing loopholes that allow corporations to avoid reassessment when property changes ownership.

I also want discussion of an oil severance tax. Here in the Bay Area — in Richmond and San Bruno — we’ve seen and lived with major downsides of the energy industry. I think it’s time that the oil producers who continue to make big profits pay a tax for the oil that’s taken out of California.

You can see that the Governor’s “director’s cut” budget doesn’t deserve a little gold statue — even if it is the best picture (fiscally) we’ve seen in a few years. We’ll look for silver linings when the Legislature starts working on our playbook.

Assemblymember Tom Ammiano represents the 13th District.

The downside of Jerry Brown’s budget

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The guv is quite proud of his new budget: He’s eliminated the chronic deficits, he’s giving some more money to the schools, and he’s vowing that the state will live “within its means.” Which sounds like no more taxes. And gee, just about everyone in Sacramento is singing Kumbaya; the praise is coming not just from Democrats but from Republicans.

But there’s a downside to the Brown budget: He has, to his credit, stopped the red ink, and he’s presenting things in a brilliant way that makes him look like the grownup the state has needed for many years — but he’s doing very little to replace the the money that services for the poor have lost in the past five years.

“At first blush, it has some good things,” Assemblymember Tom Ammiano told me. “But I don’t see restoration of the cuts for the disenfranchised.”

Ammiano is calling for closing Prop. 13 loopholes and passing an oil severance tax as part of the budget process. And with Democrats holding a two-thirds majority in both houses, those kinds of changes are possible. At the very least, it seems, the progressives ought to demand from Brown a plan to backfill what social service providers have lost. If it can’t all happen this year, it ought to be part of the future budget process.

State Sen. Mark Leno, who chairs the Senate Budget Commitee, was a bit more politic than Ammiano, but he also is concerned that the budget move the state forward:

“With the improvement of our fiscal outlook comes the opportunity to continue our work to restore California. While our recent efforts have focused largely on making cuts in the least harmful manner possible, we will now have more capacity to refine our work to improve essential programs and analyze the role of government and its effectiveness. I look forward to working with Governor Brown and my colleagues in the Legislature to evaluate this year’s budget to help ensure it is the best possible plan for a state on the mend.”

On the mend is right — because the state of California is in way worse shape than it was when Arnold Schwarzenegger took over and screwed things up, and the goal shoudn’t be to keep at a steady state that’s unacceptable. It ought to be returning California to its role as a leader in progressive policy. Sorry, Jerry: A balanced budget alone isn’t good enough.

Oh, and Californians United for a Reponsible Budget, which seeks to cut prison spending, points out that this budget is hardly tough on the bloated corrections budget:

The administration has deserted plans to shrink California’s over-sized prison population, ignoring clear messages from voters. The proposed budget increases prison spending $250 million including a $52 million General Fund increase, bringing the total Corrections budget over $11 billion. Despite the passage of Prop. 36 and continuing realignment,  It also projects an increase in the prison population by 2,262 people over the 2012 Budget Act projections. ”If the Governor believes that ‘we can’t pour more and more dollars down the rat hole of incarceration’ then why is he increasing spending on Corrections, planning for more prisoners rather than fewer and defying the demands of the Federal Court and the voters to further shrink the prison system?” asked Diana Zuñiga, Field Organizer for Californians United for a Responsible Budget.

It’s no surprise that the prison guards’ union is happy.

UPDATE: An analysis by Ammiano’s office shows a few other lowlights of the budget: It reduced AIDS Drug Assistance Program money by $16.9 million. It doesn’t restore any of the deep cuts to the state’s Welfare to Work Program. It cuts community college funding by tying state money to student completion, not student enrollment. It offers no additional funding for child care programs. It caps the number of courses students are allowed to take if they want to receive Cal Grants.

The Leg needs to take a hard look at this before it signs off on all these cuts.