Ask the Scholar

Document scope · 1 page
doc
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory. For page-specific OCR and visual context, open one of the page chats.

Scholar Source Context

Document identity
localId
118564992
label
[Environment] - Environmental Quality Study Council Report, March 1972
core
doc
dtoType
document
pageCount
1
Source metadata
id
118564992
contentType
document
title
[Environment] - Environmental Quality Study Council Report, March 1972
identifierLocal
840
collections
Ronald Reagan's Governor's Papers of the Press Unit
Reports
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
118564992
coverageEndDate
logicalDate
1975-12-31
year
1975
coverageStartDate
logicalDate
1967-01-01
year
1967
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
5790c9d7e29146d4
ocrText
Ronald Reagan Presidential Library Digital Library Collections This is a PDF of a folder from our textual collections. Collection: Reagan, Ronald: Gubernatorial Papers, 1966-74: Press Unit Folder Title: [Environment] - Environmental Quality Study Council Report, March 1972 Box: P36 To see more digitized collections visit: https://reaganlibrary.gov/archives/digital-library To see all Ronald Reagan Presidential Library inventories visit: https://reaganlibrary.gov/document-collection Contact a reference archivist at: [email protected] Citation Guidelines: https://reaganlibrary.gov/citing National Archives Catalogue: https://catalog.archives.gov/ ENVIRONMENTAL QUALITY IN CALIFORNIA March 1972 ENVIRONMENTAL QUALITY IN CALIFORNIA A STRATEGY FOR ACTION REPORT OF THE STATE ENVIRONAL QUALITY STUDY COUNCIL March 1972 STATE OF CALIFORNIA RONALD REAGAN, Governor ENVIRONMENTAL QUALITY STUDY COUNCIL SACRAMENTO March 10, 1972 Honorable Ronald Reagan Governor of California Honorable Ed Reinecke Lieutenant Governor, and President of the Senate Honorable James R. Mills President pro Tempore, and Members of the State Senate Honorable Bob Moretti Speaker, and Members of the State Assembly Gentlemen: In compliance with Section 16055 of the Government Code, the 1972 Report of the State Environmental Quality Study Council is hereby submitted. The report covers the activities of the Council during 1971, and recommends legislative action for the current session. The Council trusts that its efforts, in proposing a long- term strategy for the control and enhancement of our environment and in recommending immediate measures for alleviation of our more crictical problems, will prove helpful. Submitted on behalf of the members of the Council. Respectfully David L. Baker Chairman TABLE OF CONTENTS LETTER OF TRANSMITTAL TABLE OF CONTENTS 1-4 COUNCIL MEMBERS 5-6 ACKNOWLEDGEMENTS 7 FOREWORD 9 I/ INTRODUCTION 11 II/ SUMMARY OF FINDINGS AND RECOMMENDATIONS 15 A/ GOVERNMENTAL ORGANIZATION 15 B/ LAND USE, POPULATION, AND TRANSPORTATION 15 c/ ENERGY USE 23 D/ AIR QUALITY 25 E/ NOISE 27 F/ OTHER ENVIRONMENTAL ISSUES 29 III/ DISCUSSION OF FINDINGS AND RECOMMENDATIONS 31 A/ GOVERNMENTAL ORGANIZATION 31 A New Organization 31 Responsibilities 31 Organization 32 Organization of Regional Boards 33 Land Use -- An Essential Element of Reorganization 34 Review of Public Projects 34 Environmental Quality Citizens Council 34 Other Organizational Recommendations 35 What Would Be Different? 35 B/ LAND USE, POPULATION, AND TRANSPORTATION 35 1 Rapid Growth -- The Basic Cause 36 Conservation and Development Plan 37 Population Growth and Distribution 38 Basin Carrying Capacity 40 Immediate Strengthening of State Role in Land Use 41 Loss of Prime Agricultural Land 41 Assessment Practices 42 Flood Control Policies 43 Open Space Program 43 Bond Funding Needed 46 Other Possible Methods of Funding Open Space 46 Transportation -- Providing a Balance 47 More State Involvement -- Increased Funding 48 Rural Development 48 California's Disappearing Coast 51 Geologic Hazards 52 The State's Land Use Role 54 Area-Wide Planning 56 Environmental Impact Statements 57 Land Use and Population -- Unresolved Environmental Issues 58 c/ ENERGY USE 58 Overall Energy Problem 59 Energy Use and the South Coast Basin 59 Electric Energy 60 Factors Contributing to Growth 61 Electric Energy Conservation 62 The Need for Additional Electricity 64 Nuclear Energy 65 Near-Zero Emission Electric Energy Alternatives 67 The Alternatives in Balance 68 Overall Energy Use Strategy 69 Research and Development 70 Funding of a Statewide Energy Use and 70 Power Plant Siting Program 2 A Parting Shot 70 D/ AIR QUALITY 71 Causes 71 Local Districts 72 State Program 73 Mulford-Carrell Act 74 Additional Board Responsibilities 74 New Motor Vehicles 75 Used Cars 75 Standards, Inspections 76 Fuel Composition 76 Voluntary Use of Gaseous Fuels 76 Gasoline Marketing 77 Large-Scale Conversion to Gaseous Fuels 77 Overriding Problem 78 Federal Law 79 State Implementation Plan 80 Engines Not Yet Controlled 82 Necessary Action 82 Implementation of State Control Strategy 82 A Long-Range Strategy 84 E/ NOISE 85 Air Transport 85 Airport and Aircraft Noise Regulations 85 The Funding of Corrective Action 86 Airport Land Use Commissions 86 Other Airport Development Considerations 86 Motor Vehicles 87 Additional Enforcement 88 Freeways and Highways 89 Occupational Noise 89 Community Noise 90 Equipment, Machinery, and Appliances 92 3 Education 93 F/ OTHER ENVIRONMENTAL ISSUES 94 IV/ COUNCIL ACTIVITIES 95 The Council's Third Year 95 Council Hearings 95 Proposed Remaining Activities 99 The Council's Role 100 v/ APPENDICES APPENDIX A - - SCHEDULE OF COUNCIL AND COMMITTEE ACTIVITIES, 1971 A-1 APPENDIX B - - PUBLIC HEARINGS, PARTICIPANTS Nuclear Energy B-1 Coastline Management B-1 Problems and Issues of North Coastal Region B-2 Airport Expansion B-2 Sonoma-Marin Aqueduct B-3 Energy Use B-3 APPENDIX C - SPECIAL MEETINGS AND STUDY SESSIONS, PARTICIPANTS EQSC Legislative Proposals C-1 Environmental Problems of the South Central Coastal Area C-1 Environmental Implications of Geothermal Development C-2 Air Quality, Riverside C-2 4 STATE OF CALIFORNIA / ENVIRONMENTAL QUALITY STUDY COUNCIL MEMBERS DAVID L. BAKER, Chairman, Supervisor, County of Ornage PETER H. BEHR, State Senator ALBERT PEARLSON, Attorney SAMUEL A. EGIGIAN, Southern at Law District Refuse Removal Council ARTHUR F. PILLSBURY ARLEN GREGORIO, State Senator Director, Water Resources A.J. HAAGEN-SMIT, Ph. D. Center, UCLA Chairman, State Air Resources HELEN B. REYNOLDS, President Board California Roadside Council ELLEN STERN HARRIS, Executive EDWARD M. ROSS, Attorney at Law Secretary, Council for FRANK J. TYSEN, Professor, Planning and Conservation Air Pollution Control BARRY KEENE, Attorney at Law Institute, School of Public NORMAN B. LIVERMORE, JR., Administration, USC State Secretary for Resources FRANK J. WALTON, State KERRY MULLIGAN, Chairman, State Secretary for Business Water Resources Control Board and Transportation EX-OFFICIO MEMBERS WILLIAM J. KURTZ, Acting Director, City and County Members of Department of Public Health Council on Intergovernmental JERRY FIELDER, Director Relations Department of Agriculture WILLIAM PENN MOTT, JR., Director, PAUL M. ANDERSON, Supervisor Department of Parks and Recreation County of Riverside RAY ARNETT, Director JAMES V. FIZGERALD, Department of Fish and Game Supervisor, County of San JAMES G. STEARNS, Director, Mateo Department of Conservation MAURICE K. HAMILTON, JAMES MOE, Director, Councilman, City of San Department of Public Works Bruno WILLIAM R. GIANELLI, Director WESLEY McCLURE, City Manager, Department of Water Resources City of San Leandro DONALD F. PINKERTON, Director, HOWARD H. WIEFELS, Mayor, Department of Housing and City of Palm Springs Community Development COUNSEL: NICHOLAS C. YOST, Deputy Attorney General STAFF: JOHN K. GEOGHEGAN, Executive Secretary ELDON E. RINEHART, Special Consultant CHRISTOPHER A. BROWN, Executive Intern, University of California, Los Angeles ROBERT C. BURNESS, Executive Intern, University of California, Davis VI RIEFSTAHL and KAREN PEARCE, Secretarial 5 COMMITTEES AIR QUALITY COMMITTEE WATER RESOURCES COMMITTEE Albert Pearlson, Chairman Arthur F. Pillsbury, Chairman Arlen Gregorio Peter H. Behr A.J. Haagen-Smit, Ph. D. Paul Clifton Ellen Stern Harris Ellen Stern Harris Barry Keene Kerry Mulligan Helen B. Reynolds Albert Pearlson LAND USE COMMITTEE WASTE MANAGEMENT COMMITTEE Frank J. Tysen, Chairman Samuel A. Egigian, Peter H. Behr Chairman Paul Clifton Kerry Mulligan Barry Keene Arthur F. Pillsbury Helen B. Reynolds Edward M. Ross William S. Weber Frank J. Tysen NOISE ABATEMENT COMMITTEE Edward M. Ross, Chairman Arlen Gregorio Samuel A. Egigian William S. Weber SCIENTIFIC ADVISORY GROUP ON NOISE * Dr. Robert W. Young, Chairman Dr. Walter W. Soroka Naval Undersea Research and Professor of Acoustical Development Center, San Diego Sciences, University of California, Berkeley David M. Green, Department of Psycology, University of Dr. John D. Webster California, San Diego Naval Electronics Laboratory, San Diego Jack B. C. Purcell Purcell-Noppe Assoicates, Dr. George P. Wilson Chatsworth Wilson, Ihrig & Associates Berkeley Ludwig M. Sepmeyer, Consulting Engineer, Los Angeles * All are members of the Acoustical Society of America. 6 ACKNOWLEDGEMENTS The Council expresses sincere thanks to In conveying our appreciation to those those who have aided and supported who have worked so tirelessly its activities over the past three years: with us for a better environment, members of the Legislature, their we would encourage their continuing committees and consultants; members of dedication to the enormous task the Administration; the environmentally of assuring a decent quality of life involved entities of state government; for us all. and the numerous conservation and environmental groups throughout the State. Very special thanks go to Californians for Environmental Quality, a statewide organization created for the sole purpose of advocating the Council's 1971 legislative proposals. The Council is also grateful to the many witnesses who gave of their time and expertise at our public hearings and study sessions. We appreciate the hospitality extended in those cities in which we have met. Regardless of the issues involved, the Council has been warmly and courteously received. We wish also to express thanks to the many citizens who have taken time to write to the Council. While we have not been able to hold a special hearing on each problem presented, these letters have given us a better insight into the many environmental concerns facing citizens of California. Under current enabling legislation, the Council will soon cease its function. 7 the 199 3 FOREWORD The State Environmental Quality Study AB 1056 (Z'berg) of the 1971 session, Council, consisting of 17 members and AB 681 (Z'berg) of the current appointed by the Governor and the Legis- session. The 1972 report contains a lature, was created by the California number of recommendations on a Legislature in 1968 to make an in depth variety of environmental subjects. But study of the state's environmental more important, it attempts to develop problems and to recommend, after a comprehensive strategy for dealing holding public hearings, such legislative with basic underlying issues of and administrative action and state, governmental organization, land use regional, and local governmental and population growth, balanced mechanisms necessary for coordinated transportation, and energy use. protection, management, and improve- ment of California's physical environ- This report does not cover all the ment. Since first convening in April state's environmental problems in depth. 1969, the Council has held 20 public Some have been studied in greater hearings throughout the State on detail and reported on by a number of such subjects as air pollution, land use, legislative committees and state coastline management, preservation departments. The Council did not feel of open space, transportation, noise the need nor have the time or resources abatement, and energy use. In addition, to duplicate these efforts. The the Council has held monthly business Assembly Science and Technology meetings, committee meetings, and Advisory Council's studies on the numerous study sessions at which question of population; the Assembly specific problems were considered. Committee on Environmental Quality's hearings on pesticides; the Assembly The Council was charged with reporting Committee on Natural Resources its findings and recommendations and Conservation's study of forest to the Governor and the Legislature practices; the reports of the Joint Com- annually. It first report, in February mittee on Open Space; the work of the 1970, contained a number of recom- 1970 Assembly Select Committee on mendations on land use, air quality, Environmental Quality in identifying and noise abatement. The February environmental problems and projecting 1971 report concentrated primarily on costs; the study of the 1970 Assembly the question of governmental organ- Committee on Revenue and Taxation on ization and formed the basis of emission taxes; the reports of the 9 Department of Conservation on second home subdivisions and problems of urban geology; the coastline studies of the Department of Parks and Recrea- tion; the report of the Department of Public Health on noise; the State Implementation Plan of the Air Re- sources Board; and the upcoming Environmental Goals and Policy Report of the Office of Planning and Research are but a few of the activities which, combined with the efforts of this Council, will hopefully serve to in- crease our understanding of the critical environmental issues facing the State and move us to take the necessary corrective action. 10 -/ INTRODUCTION I INTRODUCTION The Council's February 1970 report fashion, and much of it obliterated stated: beyond repair. If the present course is continued, our posterity "Environmental Quality: will inherit a vast wasteland. " A Losing Battle The February 1971 report stated: "The first six months of our in- depth study of California's "Population Distribution on environmental ills has revealed a National Scale an extremely pessimistic picture. Our beautiful State is in severe "Under the present state of tech- danger of being destroyed as a nology and our current mode of desirable place to live. Our lush living, not only has an environmen- orange and walnut groves, our tally sound carrying capacity of vineyards, our primeval sagebrush our metropolitan areas been chal- country, our secluded valleys, lenged, and even that of our great our meandering streams, our valleys, but the carrying capacity majestic mountains, and our wind- of the entire State as well. And, swept beaches are going -- and of course, smog is only one index. they are going fast, replaced With noise pollution, heavy largely by depressing urban sprawl. traffic congestion, and inadequate It is even questionable whether land use policies, an ever grow- major portions of the State will be ing array of environmental ills is capable of supporting tolerable endangering this State at an human life within several more accelerating rate. Population decades. distribution is still urgently needed, but it will no longer suffice to "Having been called upon for the design such policies within the past 25 years to accommondate State. The problem is national in one of the greatest bursts of inmi- scale. Urban growth and popu- gration and population growth lation influx must be encouraged the world has ever known, in those states where the proper California's legendary environ- balance between man and nature mental assets have been squan- can still be accommodated. It is dered in a grossly negligent obvious that California cannot 11 handle the problem of population of pollution control, there is little growth alone. action to report with regard to the under- lying issues of land use and population "The Growth Ethic or to organizational changes necessary to deal with environmental problems "Last year's progress report in a comprehensive way. During the described the pollution elements 1971 session of the Legislature the contributing to the 'moribund Council's main recommendation for a Los Angeles region'. We find strong governmental entity embodied this year conditions have even in AB 1056 was passed by the Assembly, worsened, not only there but in but failed in the Senate. This bill the San Francisco Bay Area would have created state and regional as well. In these critical air bodies with authority to deal with basins we have to change our statewide pollution problems of air, course drastically, and do SO now. water, solid waste, land use, popula- We simply have to slow down our tion growth, and other environmental growth and stabilize the popu- issues in an integrated manner. lation of these areas according to The coastline legislation aimed at the their carrying capacities. This preservation and rational use of this may be hard to accomplish, for scarce resource suffered a similar growth has served us well in this fate. country since its beginnings. But the harsh reality is that unre- Some advances were made to restrain strained growth and environmen- further exploitation of our scenic tal quality have become incompati- rural areas, and improvements were ble in California's metropolitan achieved in air pollution control. regions. " But these individual measures dealing with specific environmental problems, although useful elements of a broader 1972 - Present Solutions Are Not pollution control scheme, in them- Enough selves can only be viewed as interim steps. The overall situation has not improved significantly. While progress has been made in certain individual areas 12 A Comprehensive Long-Term Strategy capable of bringing some temporary relief, will not stand the test of the A cohesive strategy for improving and decades ahead. maintaining a reasonable level of environmental quality has not yet be- The Council strongly urges both the come a part of state policy. The Governor and the Legislature to act State has not addressed itself to the this year, and to act decisively, for problems of population growth and only the boldest and most imaginative the impact of such growth on our measures, implemented now, can natural resources or to the institutional prevent the ultimate deterioration of changes needed to face these issues the environment of this State to a head-on. This report, although con- level unacceptable by any standard. taining a number of recommendations for complementing specific environ- mental efforts (air and noise), attempts primarily to develop a much needed long-term strategy, the key elements of which are governmental organization, land use and population (including population growth and distribution policies, basin carrying capacity, and open space), balanced transportation, and energy use. Need for Action The major categories cited above are the essential elements of the com- prehensive environmental quality strategy SO desperately needed by this State. Any course that does not deal with each of these issues in the most aggressive way can only be viewed as short-term, and, although perhaps 13 I/ SUMMARY OF FINDINGS AND RECOMMENDATIONS II SUMMARY OF FINDINGS AND RECOMMENDATIONS A/ GOVERNMENTAL ORGANIZATION alternative approaches to organizing a State Environmental Quality Governmental organization at the state Board, which could accomplish equal- and basin levels, developed in a ly well the objectives recommended manner that will properly relate prob- by the Council. lems of air, water, solid waste, and transportation, with the basic underlying questions of land use, urban B/ LAND USE, POPULATION, AND growth, and population distribution, TRANSPORTATION and operating within the framework of a statewide conservation and Conservation and Development Plan development plan, remains the most critical unmet environmental quality The demand placed on California's need facing the State of California. resources by an increasing popu- lation has resulted in the degradation of its environment. The State must A New Organization play a new and strong role in land use, urban growth, and population The Council recommends the distribution by providing the policies creation of a State Environmental and common framework for deter- Quality Board and eight corre- mining how its resources are to sponding Regional Boards, with be allocated. well defined powers and respon- sibilities over water, air, solid The Council recommends that the waste, nuclear radiation, noise, proposed Environmental Quality pesticides, forest practices, Board be required to adopt and and land use. The State and present to the Legislature by Regional Boards would also be January 1, 1976, a comprehensive, empowered to review and under coordinated, and enforceable plan certain conditions disallow and management program for the projects of other governmental orderly long-range conservation agencies having significant and development of California's impact on the environment. natural resources, known as the California Conservation and The text of this report discusses Development Plan. Individual plan 15 elements would include environ- of similar regulation which is not mental goals and policy (including consistent with the adopted local a population growth and distri- conservation and development bution policy), land use, basin plans. carrying capacity, environmental quality (waste control), coastal Until such time as the Legislature zone, transportation, parks and has taken final action on the open space, natural resources California Conservation and De- conservation, critical historical, velopment Plan, proposed major scenic and wildlife habitat areas developments involving significant of statewide interest, and power and irreversible environmental plant siting. changes in the coastal zone and certain rural areas of unique state- Based on the state plan, each wide value would, in accordance regional board would be required with specified criteria, be subject to adopt by January 1, 1977, to an interim permit procedure with approval of the state board, administered by the state or re- a regional conservation and gional boards. and development plan which would include, in addition to those elements cited above, certain Population Growth and Distribution specified elements appropriate to the region. Based on the re- The development and implementation gional plan, cities and counties of state, regional, and local conser- would be required to adopt by vation and development plans will January 1, 1978, with approval of require the adoption of a comprehen- their regional board, a local sive policy to guide to what degree conservation and development and in what locations growth should plan. occur. Local planning and zoning would The Council recommends that continue essentially as at present. state government formulate and However, no city or county adopt explicit population growth would enforce any zoning ordin- and distribution policy aimed at ance, amendment, or other form achieving desirable long-term 16 social, economic, and environmen- distribution policy should be the natural tal goals for California. In the carrying capacities of the state's basins. formulation of such policy each major unit of state government, The Council recommends that particularly those concerned with state government undertake to de- transportation, resources, housing, termine the maximum carrying employment, and education, would capacity for each region, based on be directed to determine the impact the best of available information of present population trends on their relating to air, water, land, and activities and the impact of their other resources which are critical activities on population distribtion. to public health and environmental protection, and that the Environ- State actions, with respect to the mental Goals and Policy Report construction of public works developed pursuant to Section 65041 projects, the placement of educa- of the Government Code include: tional facilities, the location of (1) the estimated carrying capac- power plants, the development of ity, based on those factors resource management policies, and mentioned above, of the state's the conduct of other activities most critical basins; (2) a dis- should be carried out in a way which cussion of where and how much will influence population growth future growth should occur in the and distribution; and further that state's different regions, with Environmental Impact Statements particular emphasis on the coastal prepared in connection with various urban corridor between Santa Rosa projects and activities of federal, and San Diego; and (3) those state, and local agencies should be alternative patterns of regional expanded to include a description development which should be as to their impact on population encouraged, including "new towns" growth and distibution. and the expansion of existing smaller communities. Basin Carrying Capacity The major criteria in the development Immediate Strengthening of State Role of a statewide population growth and in Land Use 17 The important planning program capacity studies; and (5) be given described above should be started as the additional funding needed to soon as possible. The Council rec- carry out these and other tasks. ognizes, however, that the creation of the Environmental Quality Board and the new land use planning role for state Loss of Prime Agricultural Land government proposed herein will take a certain period of time to become The accelerating loss of our best reality. On the other hand, the Office agricultural lands is a particular ex- of Planning and Research, which ample of unwise land use, and policies would later come under the administra- that encourage this should be changed. tive jurisdiction of the proposed board, is presently functioning and could The Council recommends: begin, during the interim period, to assume the strong land use program That it be the public policy of the proposed by the Council. To do this State of California that agricul- stronger financial commitment and tural usage, the planting and grow- specific new direction will need to be ing of crops, be recognized as given it. the highest and best use of prime agricultural land, and that the The Council recommends that the assessed valuation of such land Office of Planning and Research: for ad valorem tax purposes be (1) be directed to begin prepar- based on the value its use gives it. ation of the California Conservation This is the land, in the most and Development Plan called for part, that is classed as recent herein, and to provide for adequate alluvium and as basin land. Such public participation in the prep- recognition, duly implemented, aration of same; (2) be given the would serve to create badly needed authority to develop criteria for "open space" and would help to determining the adequacy of local preserve the economic viability and regional plans; (3) be directed of California. to begin immediately the prepar- ation of a state population growth That present federal, state, and and distribution policy; (4) be local policies which fund flood directed to begin basin carrying control projects at general public 18 expense and therby provide a public use which should be preserved, subsidy for the urbanization of and establish priorities for open flood plains (which are usually prime space preservation. agricultural lands), be revised SO that the landowners benefitted incur That the Office of Planning and a more reasonable portion of the Research prepare by January 1974 costs of such facilities. a State Open Space Plan to become a functional element of the California Conservation and Open Space Development Plan and to augment and give substance to the state A well-designed open space program population growth and distribution can be a key to resolving major land policy. It should classify state use conflicts and is an essential element lands into open space categories, of the proposed state, regional, and indicate those areas which should local conservation and development remain as open space, designate plans. It can preserve lands needed to lands sufficiently important to the supply our resource needs, prevent State to require direct and immedi- the development of geologically hazar- ate action to protect or preserve dous areas, help meet our huge them, and outline a program and recreational demands, halt urban financial requirements necessary sprawl, and provide direction for urban to implement the plan. The growth. State Open Space Plan should also be designed to serve as a guide The Council recommends: in the preparation of basin plans. That an open space policy be in- That a bond issue in the amount of corporated into the State Environ- $250-million be placed on the mental Goals and Policy Report. November 1972 ballot to provide This policy would define the desir- funds for the acquisition of needed able objectives which should open space, threatened wildlife guide an open space program, habitats, and important scenic and delineate the areas of responsibility historic areas of statewide sig- at different levels of government, nificance. This measure should outline the broad categories of land also provide for grants to regional 19 and local agencies to assist in tion, with primary emphasis on carrying out the purposes of a the development of integrated mass statewide open space policy. transit systems for the major metropolitan areas, such plan to become a part of the California Transportation Providing a Balance Conservation and Development Plan. In the state's most critical air basins That additional funding be made the use of the automobile will have available to mass transit, giving to be substantially reduced if national consideration to a variety of ambient air quality standards are to funding sources, including gasoline be equalled or even closely approxi- taxes, exise taxes on automobiles, mated. To do this, acceptable alterna- and taxes on the increased value tives must be made available. Al- of property resulting from though legislation has been passed to development of mass transit give further assistance to public facilities. transportation agencies, new aggres- sive efforts are needed at the state level in terms of organization, plan- Rural Development ning, and massive funding if a truly balanced transportation system is to be Legislation passed during 1971 imposed provided. new requirements on local government and provided improved tools for deal- The Council recommends: ing with premature or second home subdivisions in rural areas. The situ- That a Department of Transporta- ation would be further improved by tion be created within the Business bringing certain of these areas under and Transportation Agency, and the interim permit jurisdiction of the that this department, in coordina- State and Regional Environmental tion with and subject to the Quality Boards as proposed in previous approval of the proposed Environ- recommendations. Short of that, mental Quality Board, develop however, additional measures regard- a comprehensive state master ing "finding of need" and strengthening transportation plan for California, local plans and ordinances can and analyzing all modes of transporta- should be taken promptly. 20 The Council recommends: ordinances to apply to all develop- ment. Since a significant number Legislation that would require as of lots are sold in rural areas a condition for approval of a land which do not come under the Sub- project as defined in Section division Map Act, cities and 11000. 5 of the Business and Pro- counties should also be required to fessions Code, that the local adopt minor subdivision ordinances agency make a finding, based on in order that all division of land, the "build-out" rate in the vicinity, or "lot splitting" can be regulated. the number of lots being offered for resale, and other market indi- That cities and counties be given cators, that there is a need for the authority to review all sub- the project. Certainly if only 200 divisions approved prior to the homes had been built over a six- Subdivision Map Act, and, where year period in a county where the little or no development has subdivision of some 15, 000 lots occurred, revert the unused lots had been approved, the need could to acreage, as provided for by be legitimately questioned and a Chapter 4, Part 2, Division 4, of finding made to that effect. the Business and Professions Code. That the Office of Planning and Research develop criteria for de- Coastline Management termining the adequacy of city and county general plans and that The Council has attempted to deal with appropriate procedures be de- the coastal zone by recommending veloped (which might include the that it be brought within the interim withholding of certain state permit jurisdiction of the proposed subventions to local government) State and Regional Environmental to insure that such criteria are Quality Boards. The Council recog- adhered to. nizes, however, that a governmental mechanism to protect the coastline is That cities and counties be re- long overdue and must stand on its quired to adopt adequate grading own in the event the creation of the (including maximum slopes) and State and Regional Environmental erosion and sedimentation control Quality Boards does not become a 21 reality this year. It is for this reason That, in order to provide a better that the Council strongly supports perspective for local government, legislation for the creation of a separ- the appropriate state departments, ate entity to develop a coordinated coordinated by the Resources plan for the coastal zone and to exercise Agency, be directed to prepare interim permit authority while the plan criteria for the use of local is under preparation. agencies in determining the suffi- ciency of soil and geologic con- ditions to accommodate develop- ment with a minimum landslide Geologic Hazards hazard and establish procedures for adherence to these criteria. Rapid urbanization of the State has often ignored the obvious threats to That the guidelines now being pre- life and property -- flood, earthquake, pared by the Council on Inter- and landslide. Legislation has been governmental Relations for the addressed to these problems, but fur- seismic safety elements (recently ther steps need to be taken to strengthen required as part of local general these provisions and to insure that they plans) include a definition of are properly implemented. earthquake risk, a classification of land into standard earthquake The Council recommends: hazard zones, and minimum design specifications for construc- That the Legislature expand the tion in different zones. provisions of the Cobey-Alquist Flood Plain Management Act to re- That it be a matter of state policy, quire that all lands which have contained in the Environmental been or may be inundated by flood- Goals and Policy Report, that the waters be subject to flood plain continued development of geologi- regulation, irrespective of the cally unstable land constitutes a existence of any federal flood con- threat to the cítizens of California, trol project report, and that and hence should be prohibited. those uses which are not compati- In addition, guidelines and criteria ble with flood plain lands be SO relating to landslides and earth- defined as part of the Act. quakes should also be incorporated 22 as part of the Environmental Goals statement on the population growth and Policy Report. and distribution implications of the action; and (5) require that the decision of the responsible entity Environmental Impact Statements adhere to the findings of the EIS unless, consistent with the intent The Environmental Quality Act of 1970 of the Act, it makes a specific provides that all state and local finding that the benefits to the entities of government submit an public outweigh the disadvantages Environmental Impact Statement (EIS) to the environment. on any project they wish to carry out which will have a significant impact on the environment. The Act has served c/ ENERGY USE as an effective tool in reducing the adverse effects of certain projects. It Energy use has become one of the most should, however, be broadened in critical environmental issues facing application. the State. Present attitudes and public policy have led to the unrestrained The Council recommends that the use of natural resources and excessive Environmental Quality Act of 1970 pollution. A clear cut energy use and be amended to: (1) specifically power plant siting policy, with em- apply to all "actions" of state and phasis on conservation of energy, the local government, including appropriate governmental mechanism special districts, which would have for implementing such a policy, and a significant impact on the environ- a coordinated state and federal re- ment; (2) specifically apply to search and development program on all regulatory activities as well as aspects of the problem is required. those that are being carried out by the entity itself; (3) require that The Council recommends: cities and counties prepare an EIS on any change of zoning or con- That an Energy Conservation and templated private project that will Power Plant Siting Commission be have a significant impact on the established to develop, in cooper- environment; (4) include as one of ation with the federal government, the elements of an EIS a detailed the proposed Environmental 23 Quality Board, and all other the California Conservation and appropriate agencies, organiza- Development Plan. The Com- tions, and individual citizens, an mission would test each proposal overall energy use and power plant for power development and siting policy and measures for transmission line routing against its implementation. Such a policy the approved master plan, as well should involve: (1) specific as various demand, environmental, measures for reducing the per scenic, and safety standards and capita use of energy and for using criteria, and, after holding public energy which is available in the hearings, have the authority to most efficient manner; (2) con- approve or reject the proposal. tinuing evaluation and provision of legitimate energy needs; (3) The Commission might also be developing all feasible and safe given the authority to purchase means for replacing, to the degree sites in advance of need and lease possible, the use of fossil fuels them back to utility companies. with near-zero emission electric energy; and (4) a program for That the federal government be massive research and development urged to embark on massive and new technology regarding research and development pro- alternative sources of power, the grams in connection with new siting of power plants, the trans- sources of energy, power plant mission of electric power, and siting, energy conservation, and the handling, processing, and other matters related to energy storage of wastes. policy administration. The Commission would also de- That a use tax (as well as an velop a statewide power plant increase in the basic rates) be siting plan, after appropriate pub- applied to the higher usage portion lic hearings, which would be of the utility rate structure to subject to the approval of the State finance the statewide energy con- Legislature and the Environmental servation and power plant siting Quality Board, and which would program. Present rate structures constitute a master plan of pre- for electric power begin at a few ferred sites and become a part of cents per kilowatt-hour and drop 24 to several tenths of a cent per kwh quality depend on the comprehensive as usage increases. A tax of one land use, transportation, and energy mill per kwh in the high-use use programs and policies mentioned brackets could raise as much as in other sections of the report. The $50-million. High volume energy recommendations cited below are users such as rapid transit of a more immediate nature intended agencies and those engaged in to bring relief as soon as possible other environmentally beneficial to the state's more critical air basins. activities should be exempt from such taxes or rate modifications. State Control Strategy The development of nuclear fission (present day and fast breeder reactors) The Federal Clean Air Amendments over the next 10 to 20 years, consid- of 1970 require state government to ering other alternatives, appears to be develop a control strategy for meeting the most feasible step toward meeting national ambient quality standards. the state's increased electrical de- The measures cited in the control mand, which at present is almost strategy will significantly improve air totally dependent on the use of fossil quality. Some, however, cannot be fuels. What is of utmost concern to implemented without additional legisla- the Council is that adequate steps be tion. The Council endorses the pro- taken to insure that this source of posed control strategy and urges that energy is developed in a way that the Legislature act in those areas minimizes the detrimental effects on which are necessary to the plan but the environment, conserves our fuel which are not now within the purview resources, and is safe. In particular, of the State Air Resources Board. continued development must be con- ditioned on finding suitable solutions to The Council recommends immed- the problems of radioactive waste iate legislative action on the handling, processing, and storage. following measures which are essential to the state's control strategy: D/ AIR QUALITY A program of mandatory periodic Essential long range solutions to air vehicle inspection, maintenance, 25 and repair to insure that required That some form of emissions tax smog devices are in proper as well as other incentives to working order. operate low emission automobiles, use cleaner fuels, and maintain A program to expedite the de- vehicles at a low emission level be velopment of evaporative control instituted. Such a tax could be devices for retrofitting 1966-69 administered in conjunction with vehicles, and to require the the proposed mandatory inspection installation of such devices at the program which would be necessary earliest date after their approval to determine an automobile's by ARB. level of emission. Proceeds from the tax would go to finance rapid A program to phase the lead out transit and clean air research and of gasoline to "traces only" by to assist lower income individuals 1977 in a manner that will not raise to properly maintain their cars. other undesirable emissions. That the best available means to used to substantially reduce Additional Recommendations for oxides of nitrogen emissions from Immediate Action: fossil-fueled power plants and large industrial furnaces using The Council recommends the natural gas. Devices are in use following additional measures now on a limited scale which which will strengthen the state's reduce these emissions by as much control strategy and help speed as 50 percent. the reduction in air pollution: That steps be taken to control That district hearing boards make vapors emitted in connection with an affirmative finding that the the transferring of gasoline applicant is making the maximum from the tank truck to the service effort to comply with air pollution station and from the service regulations before granting renewals of variances. station to the automobile through the use of vapor recirculation systems. That increased supplies of gas 26 and low sulphur fuel for the state's The Council recommends: critical air basins be obtained and that the proper federal author- The imposition of an aviation fuel ities be made aware of the tax, the proceeds to be used for extreme and critical need for such aircraft noise abatement and nec- fuel in these areas. essary land acquisition, preferably in the area where the tax is That the present tax incentives collected. now applicable to the purchase of gaseous fuels and the installation That regulations or legislation be of conversion kits for the use of adopted which would apply the gaseous fuels, which expire in same permit requirements and 1975, be extended to 1980. procedures to airport expansions as now exist for the construction of new airports. Such procedures E/ NOISE include provisions for holding of hearings and require that all Legislation to control airport noise, to environmental considerations be insure that adequate consideration is taken into account. given to the environment in connection with new airports and to regulate new That the Department of Education development in the vicinity of an and the State College Trustees airport has been adopted over the last be directed to investigate all pro- three sessions of the Legislature. posed acquisition of lands for school and state college use within Legislation was adopted during the eight miles in each direction along last session aimed at reducing noise the flight corridor of an existing from motor vehicle exhaust systems, or proposed airport, and report including off-highway vehicles, and their findings to the Legislature on motor vehicle tires. February 1, 1973. Major unresolved problems relate to That alternatives for the determi- airport expansion, jet overflights, nation of allowable residence occupational noise, building insulation, proximity to freeways be estab- and general community noise. lished. These should be: (1) 27 a 500-foot buffer zone; or (2) a ventilating, or air conditioning depressed freeway or barrier, equipment, or re-radiated noise or combination thereof, such that from fluid flowing in piping. the average A-weighted (A) noise level contour does not exceed 60 That each city and county be re- dB(A) and maximum levels do not quired to enact an ordinance exceed 70 dB(A) at the boundary setting fixed noise level limits, of any residential zoning. establishing criteria for consider- ing noise in connection with zoning That legislation be introduced to changes, and establishing quiet reduce the values in the General zones within certain park areas. Industrial Safety Orders to a maximum occupational noise level That the basic provisions of SB 692 of 85 dB(A) for an eight-hour day, (1971) requiring the adoption of by 1977, using a table of increased rules and regulations relating to noise levels for less than eight noise insulation for buildings hours of exposure, similar to the intended for human occupancy, be present Federal Occupational reintroduced in 1972, and be Safety and Health Act of 1970 Noise changed to identify the types of Exposure Limit Table. buildings which come under the bill's jurisdiction as "single and That the Health and Safety Code be multi-family dwelling units, amended to require that all code motels, hotels, and other resi- jurisdictions in California add a dential buildings." section on airborne noise and impact sound isolation in Group H That noise standards be set for and I occupancies, based on a construction equipment, office field performance standard which machinery, and appliances, con- shall be no less than the Federal sistent with technological and Housing Administration's rec- economic feasibility and product ommended criteria, as well as a utility, and that the appropriate section to the mechanical code set- state agency be given the authority ting a maximum noise level limit to certify, or refuse certification for interior noise in any dwelling of, those products for sale in unit, arising from heating, the State. 28 That sufficient funds be made avail- able to the University and State Colleges to establish and maintain a curriculum in environmentally- related acoustics and noise con- trol engineering; and further, that the State encourage and promote the upgrading of skill and knowledge among architects, engineers, and the appropriate segments of the building trades through increasing professional standards and by supporting on-the-job programs. F/ OTHER ENVIRONMENTAL ISSUES Specific recommendations on water resources, solid waste, pesticides, and assessment practices, and other un- resolved environmental issues are pending further Council hearings and study and will be the subject of in- dividual reports to be submitted prior to June 30, 1972. While the Council decided that the ques- tion of campaign financing is not within the scope of its legislative charge, some members felt that it is at the heart of many environmental problems and represents one of the most sig- nificant obstacles to the enactment of effective measures in this field. 29 ш/ DISCUSSION OF FINDINGS AND RECOMMENDATIONS III DISCUSSION OF FINDINGS AND RECOMMENDATIONS A/ GOVERNMENTAL ORGANIZATION A New Organization The Council therefore reaffirms its Introduction recommendation for a strong govern- mental organization not only to regu- late pollution but also to provide The Council's February 1971 report the mechanism, at the state and basin reflected the conviction that the major levels, to preserve open space, pro- void in the battle to restore and main- tect critical ecological areas, and tain a quality environment is the redirect, phase, and, where neces- state's lack of a governmental mecha- sary, limit growth to a level consis- nism capable of dealing with environ- tent with appropriate health standards mental problems in a comprehensive and an attractive environment. way. The Council recommends the creation of a State Environmental Based on the report and testimony re- Quality Board and eight corre- ceived since, and because this ques- sponding Regional Boards, with tion was not resolved during the 1971 well defined powers and responsi- Legislative Session, the Council is bilities over water, air, solid compelled to restate the problem in waste, nuclear radiation, noise, even stronger terms. pesticides, forest practices, and land use. The State and Regional Governmental organization at the state Boards would also be empowered and basin levels, developed in a man- to review and under certain con- ner that will properly relate problems ditions disallow projects of of air, water, solid waste, and trans- other governmental agencies portation with the basic underlying having significant impact on the questions of land use, urban growth, environment. and population distribution, and oper- ating within the framework of a state- wide Conservation and Development Responsibilities Plan, remains the most critical unmet environmental quality need facing The existing and future programs for the State of California. the control of air, noise, water, 31 solid waste, and, at the state level, government. land use, would be consolidated under the state board and eight regional boards, and be administered directly Organization by them. The new state and regional entities would assume the duties and The State Environmental Quality Board powers of the State Office of Planning would consist of seven full-time mem- and Research; the State Air Resources bers appointed by the Governor for four- Board and County and Regional Air year staggered terms. Each member Pollution Control Districts; and the would be qualified in the protection, State Water Resources Control Board management, and improvement of the and the nine Regional Water Quality environment. The state board would Control Boards. The state board have jurisdiction over Planning and would have the authority to coordinate Research, Land Use, Environmental the activities of, and review and set Impact Review, Environmental Regula- regulations for, pesticide use, nuclear tion (Noise, Nuclear Radiation, and radiation, and forest practices; but Pesticides), Air Quality, Water Quality, line administration and enforcement and Solid Waste Management programs. would remain primarily with those departments now responsible. An alternative approach to the state level organization (not regional) would In the case of land use, the regional be to confine the state board to rule- boards would be empowered to review making and adjudication, and vest with those projects having regional sig- an administrator appointed by the nificance, test these projects against Governor the authority to execute policy established regional environmental established by the board and to carry policies and objectives, and, if appro- out the day-to-day regulatory responsi- priate, disallow them or require bilities. As state government is necessary modification. Regional presently organized, such an adminis- boards would also have interim permit trator would most likely be a depart- authority over certain defined areas ment head operating under the adminis- of critical basin-wide or statewide trative coordination of an agency interest. Generally speaking, however, secretary, who in turn sits as a mem- day-to-day administration of land use ber of the Governor's cabinet. It matters would remain with local would be possible, however, to have 32 this department head report directly tive to environmental problems. to the Governor as does the Director of Others criticized it because they felt Finance. it would not be responsive government. The Board-Department Head approach One alternative is to have directly could be a workable one as has been elected representatives. Unless the demonstrated in the State of Illinois. districts were very small, however, However, in order to accomplish the seeking such an office would be costly. objectives sought by the Council, If the districts were made smaller, the act creating such an entity would to reduce campaign expenses, the necessarily have to provide for the boards in an area like the South Coast regional agencies and other substantive Basin would be too large and cum- powers called for in this section. bersome to be effective. Regional boards made up primarily, if Organization of Regional Boards not entirely, of (or selected by) per- sons presently holding office in city or In its 1971 proposal, the Council rec- county government is a second al- ommended that the regional boards ternative. This type of procedure is consist of five full-time members presently provided for in the Planning appointed by the Governor. Later this District Act of 1963, and would be was amended, giving the Legislature favored by local government. two of the five appointments. The idea of a small number of appointed board Another alternative is some combina- members determining the land use tion of membership such as with the policies of, for example, the South San Francisco Bay Conservation Coast Basin, in relationship to the mul- and Development Commission, which titude of competing economic and consists of about 45 percent local social considerations, and over ten elected officials (or their designees), million people, does not in retrospect 30 percent representatives of con- appear to be the most desirable cerned federal and state agencies, and approach. It is criticized by conser- 25 percent public members appointed vationists who fear that the appointing by the Governor and the Legislature. authority would have too much con- trol and may not be sufficiently sensi- Each of these alternatives has 33 advantages and disadvantages. Any of and locations of business centers. The them might be made to work effec- problem, however, is that there now tively. In the final analysis, the choice exists no organizational, planning, or will probably have to be made on the policy framework for attempting to basis of which is most politically influence these interrelationships in acceptable. any kind of comprehensive manner. To fill this void, the proposed Environ- Land Use -- An Essential Element of mental Quality Board would be re- Reorganization quired to prepare and adopt the State Conservation and Development Plan, Land use is covered in detail in the which is described in more detail in the Land Use and Population section of this following section of this report. report. However, it also must be recognized as a critical element in re- organizing government to deal with Review of Public Projects environmental problems. Basic deci- sions that must be made to maintain All state and local public agencies reasonable levels of environmental would be required to submit to the quality (primarily land use decisions) board an environmental impact report, are being made or influenced by in accordance with regulations pre- hundreds of governmental agencies at scribed by the board, on any major all levels. To achieve a desired proposed action which could have a sig- balance between environmental quality nificant effect on the quality of the and social and economic objectives environment. The board would be it is necessary to attempt to deal with authorized to modify or disapprove any numbers and distribution of people proposed action which fails to comply within a given basin. This is dependent with environmental protection re- on land use decisions. The numbers quirements. and location of people and industries determine (or are determined by) the location and size of freeways, de- Environmental Quality Citizens Council sign of public transportation, design of water and sewage systems, distribu- The Council would consist of eleven tion systems for gas and electricity, members: seven appointed by the 34 Governor; two by the Assembly and the laws that create it can serve as Speaker; and two by the Senate Rules the foundation for the constructive Committee, all of whom would have planning and action so desperately need- demonstrated interest in and know- ed. The new organization would be ledge of the protection, management, able to plan and regulate in a compre- and improvement of California's hensive manner on the basis of what physical environment. The Council is environmentally sound. It would would report annually to the Governor provide the mechanism for giving en- and the Legislature and to the board vironmental matters proper standing on California's environmental problems in the decision-making process and and the effectiveness of governmental a new stature and visibility for that agencies in solving environmental part of government responsible for en- questions. vironmental quality. The govern- mental changes recommended are an essential step toward achieving a Other Organizational Recommendations livable balance between man's demands and nature's limitations. It is one The Council has made additional rec- that should be taken immediately. ommendations dealing with the organization of state government which are covered in other sections of B/ LAND USE, POPULATION, AND the report. Specifically, these call TRANSPORTATION for creation of a Commission on Energy Conservation and Power Plant Siting (Energy Use section), and a Department Introduction of Transportation (Land Use, Popu- lation, and Transportation section). Land is our most basic resource. Upon it we build our networks of human activities. It provides our major What Would Be Different? sources of food, water, fiber, miner- als, and other needs to sustain and en- The Council fully recognizes that or- hance human existence. And the richly ganization alone will not resolve variegated landscape, created by the state's environmental problems. natural processes over eons of time, However, the appropriate organization provides us beauty and inspiration. 35 Given the numbers of people who now the demands of a burgeoning population, populate our planet, it is self-evident we have sprawled all over the country- that the use we make of our land is side, virtually oblivious to the con- critical to the well-being of society. straints of the environment or the ame- In simple terms, the allocation of land nities which make the State unique; resources is based on the needs and and, in the process, we have designed demands of society to provide for sus- for ourselves inefficient and some- tenance, shelter, circulation, and times untenable living patterns. As services. These demands predicate a part of the charge of the Council we complex fabric of physical uses to will in this section examine the land which land is put. The character of problems of California and their this fabric determines to a large degree causes, and recommend a set of pro- the quality of human environment. grams and policies designed to re- The density of urban metropolises, the solve those problems. convenience with which we move around in this fabric, our perception of its aesthetic qualities, our con- Rapid Growth The Basic Cause tinued ability to productively utilize natural resources, and indeed, our At the root of California's environ- overall health and welfare are depen- mental problems, particularly with re- dent in part on our ability to effectively spect to land use, is the rapid rate of integrate the patterns of human exis- population increase that the State tence with the character of the land. has experienced ever since the Gold Rush. The growth rate in California Over the past three years it has has consistently throughout the become clearly evident to the Council, Twentieth Century been over twice that in its process of examining California's of the rest of the United States. In environmental problems, that the 1940 the population was just under State as a whole has failed both to plan seven million. In 1960, following the adequately and to carry out plans for great boom of the 1950's, Californians accommodating its growth through the numbered fifteen million. The state wise allocation of land resources. population now is in the vicinity of In fact, California has squandered its twenty million people, and by 1980 it land resources in a grossly negligent has been forecast that it will rise to fashion. In our attempts to meet approximately twenty-six million. 36 Conservation and Development Plan interest; and power plant siting. The demand placed on California's Based on the state plan, each resources by an increasing population regional board would be required has resulted in the degradation of its to adopt by January 1, 1977, environment. The State must play with approval of the state board, a a new and strong role in land use, ur- regional conservation and devel- ban growth, and population distribution opment plan which would include, by providing the policies and common in addition to those elements cited framework for determining how its above, certain specified ele- resources are to be allocated. ments appropriate to the region. Based on the regional plan, The Council recommends that the cities and counties would be re- proposed Environmental Quality quired to adopt by January 1, 1978, Board be required to adopt and with approval of their regional present to the Legislature by board, a local conservation and January 1, 1976, a comprehensive, development plan. coordinated, and enforceable plan and management program for Local planning and zoning would the orderly long-range conser- continue essentially as at present. vation and development of However, under the Act, no city California's natural resources, or county would enforce any zoning known as the California Conserva- ordinance, amendment, or other tion and Development Plan. In- form of similar regulation which is dividual plan elements would not consistent with the adopted include environmental goals and local conservation and development policy (including a population plans. growth and distribution policy); land use; basin carrying capacity; Until such time as the Legislature environmental quality (waste has taken final action on the control); coastal zone; transpor- California Conservation and Devel- tation; parks and open space; opment Plan, proposed major natural resources conservation; developments involving significant critical historical, scenic, and and irreversible environmental wildlife habitat areas of statewide changes in the coastal zone and 37 certain rural areas of unique problems must necessarily involve a statewide value would, in accor- commitment to alleviate the pressures dance with specified criteria, be of uncontrolled growth. subject to an interim permit procedure administered by the This has been borne out by any number state or regional boards. of responsible studies on the question, the most recent of which, by the Assembly Science and Technology Population Growth and Distribution Advisory Council, states in part: Complicating the problem of numbers "California's growth has been of people is their distribution. Some characterized by an ever larger 80 percent of all Californians live proportion of population living in the San Francisco Bay Region and within a few metropolitan areas. the Los Angeles Basin. Over 90 Recent urban expansion has taken percent of the people live in metropol- place in sprawling, suburban itan areas. If present trends con- fringes of these areas. The urban tinue, most of California's future pop- settlement pattern has occurred ulation will continue to be channeled largely through the interplay of into our present urban areas. economic forces, and not through conscious public policies aimed The pressures generated by the phe- at influencing the rate and charac- nomenal growth rate in California ter of new urban development. have been sufficient to thwart construc- The present pattern of disorga- tive attempts to accommodate it within nized urban sprawl in California: the context of sound planning and (1) is inefficient and costly in environmental principles. Despite terms of public services; (2) is stepped-up efforts to correct the prob- dull, unattractive, and does not lems, we continue to lose ground in promote stable neighborhood the fight to maintain the quality of our patterns; (3) wastes land and physical environment, let alone in other resources; and (4) encour- our efforts to meet the challenge of ages unproductive land speculation. improving it. The Council is convinced Californians are becoming in- that any dedicated attempt to resolve creasingly dissatisfied with the our land use and other environmental quality of urban life at the same 38 time that accessibility to open tional facilities, the location of space and recreation areas for ur- power plants, the development of ban residents is decreasing. resource management policies, These conditions will not be solved and the conduct of other activities unless population growth is should be carried out in a way reduced. which will influence population growth and distribution; and further The development and implementation of that Environmental Impact State- state, regional, and local conserva- ments prepared in connection with tion and development plans would re- various projects and activities quire the adoption of a comprehensive of federal, state, and local agen- policy to guide to what degree and cies should be expanded to include in what locations growth should occur. a description as to their impact on population growth and The Council recommends that distribution. state government formulate and adopt explicit population growth and distribution policy aimed at The Council noted in its 1971 progress achieving desirable long-term report that the question of population social, economic, and environmen- distribution is national in scale and tal goals for California. In the that urban growth and population influx formulation of such a policy each must be encouraged in those states major unit of state government, where the proper balance between man particularly those concerned with and nature can still be accommodated. transportation, resources, During World War II, contracts were housing, employment, and educa- distributed throughout the country tion, should be directed to de- to reduce vulnerability to enemy attack. termine the impact of present pop- Now we must employ the same tactics ulation trends on their activities to protect large portions of this na- and the impact of their activities tion from a different kind of threat. on population distribution. The federal government should be urged to adopt policies consistent with state State actions, with respect to the population objectives and develop a construction of public works national population growth and distribu- projects, the placement of educa- tion policy. 39 Basin Carrying Capacity The Council realizes that the con- cept of a human carrying capacity, The major criteria in the development at least as applied to a particular of a statewide population growth and region, does not entail the distribution policy should be the natural designation of an unchanging and carrying capacities of the state's absolute value. As our technological basins. capabilities increase -- as hopefully we begin to alleviate our air The Council recommends that pollution crisis, for example -- - the state government undertake to de- carrying capacity in a given area termine the maximum carrying may increase. Moreover, the capacity for each region, based on determination of a carrying capacity the best of available information depends upon a multitude of relating to air, water, land, and varialbes, the interaction of many other resources which are critical of which are not completely under- to public health and environ- stood, and initial conclusions may mental protection, and that the necessarily tend to be arbitrary. Environmental Goals and Policy It does, however, seem that up to Report developed pursuant to this point continuing concentration Section 65041 of the Government of population in our most heavily Code include: (1) the estimated urbanized regions has caused deple- carrying capacity, based on those tion of vital resources beyond the factors mentioned above, of the capacity of natural processes to state's most critical basins; (2) restore them. In some instances the a discussion of where and how technical methods available now or much future growth should occur in the foreseeable future are insuffi- in the state's different regions, cient to restore levels of quality with particular emphasis on the which will assure freedom from in- coastal urban corridor between jury to health. So long as the tech- Santa Rosa and San Diego; and (3) nical methods remain unavailable, those alternative patterns of the natural carrying capacities regional development which should of these urbanized regions must be be encouraged, including "new regarded as the principal criteria towns" and the expansion of existing in the establishment of standards for smaller communities. the maintenance of public health. 40 Immediate Strengthening of State Role (2) be given the authority to de- in Land Use velop criteria for determining the adequacy of local and regional The preparation of a California Conser- plans; (3) be directed to begin vation and Development Plan, to- immediately the preparation of a gether with a population growth and state population growth and distribution policy and basin carrying distribution policy; (4) be di- capacity studies, is an essential task rected to begin basin carrying which should be started as soon as capacity studies; and (5) be given possible. The Council recognizes, the additional funding needed to however, that the creation of the Envi- carry out these and other tasks. ronmental Quality Board and the new land use planning role for state govern- Where appropriate, this new policy ment proposed herein will take a direction should be made a part of the certain period of time to become real- Environmental Goals and Policy ity. On the other hand, the Office of Report now being prepared by that Planning and Research, which would office. later come under the administra- tive jurisdiction of the proposed board, is presently functioning and could Loss of Prime Agricultural Land begin, during the interim period, to assume the strong land use program The accelerating loss of our best agri- proposed by the Council. To do cultural lands to urban development this stronger financial commitment is an outstanding example of unwise and specific new direction will need to land use in California. The State loses be given it. 375 acres of farmland a day to urban- ization. If this rate were to remain The Council recommends that the constant, half of the state's productive Office of Planning and Research: farmland would be destroyed in thirty (1) be directed to begin prepa- years, and if it continues to accelerate ration of the California Conserva- as in past years, 80 percent would tion and Development Plan be gone. called for herein, and to provide for adequate public participation Although there is no immediate threat in the preparation of same; of food shortages in the United States, 41 there is no guarantee that continued land, but should pay a tax in accor- increases in crop productivity and dance with the value given by its use. irrigable land acreage will indefinitely Further, when lands are assessed on counterbalance the loss of agricul- the speculation that their use will tural land. There is a diminishing change to urban purposes, government amount of additional land which can be is incurring a de facto obligation to converted to agricultural use in permit the change. Zoning to the con- California, and that use is dependent trary will ultimately be of no avail. upon massive water projects for which there is growing concern as to en- The basic problem is that much of the vironmental side effects. land that should be reserved for agriculture or that needs protection to preserve the aesthetic and recrea- Assessment Practices tional qualities of California is in pri- vate ownership. So long as these lands One public policy which tends to expe- continue to be taxed on the basis of dite the urbanization of agricultural "market value", on the speculation land has to do with assessment prac- that they will change to an urban use, tices. Although the Land Conservation government is recognizing the right of Act of 1965 (the Williamson Act) was the owners of that land to change its designed to offer relief in this area, it use and indeed encourages them to do has had little if any impact. It is so. No arm of government can be the policy now to assess land on the effective in resolving problems such as speculation that its use will change this until the basic public policies from agricultural or other usage to are corrected. urban usage. And urban usage is mis- takenly called the "highest and best The Council recommends that it be use". The basic purpose of the ad the public policy of the State of valorem tax on land is to provide for California that agricultural usage, people-oriented governmental services. the planting and growing of crops, Agriculture is a use of land that in- be recognized as the highest and volves very sparse populations, as do best use of prime agricultural essentially all uses other than urban. land, and that the assessed valua- Those lands should not, then, pay the tion of such land for ad valorem same tax as does densely populated tax purposes be based on the value 42 its use gives it. This is the land, present federal, state, and local in the most part, that is classed as policies which fund flood control recent alluvium and as basin land. projects at general public expense Such recognition, duly implemented, and thereby provide a public sub- would serve to create the badly sidy for the urbanization of flood needed "open space" and would help plains (which are usually prime to preserve the economic viability agricultural lands), be revised so of California. that the landowners benefitted incur a more reasonable portion of the costs of such facilities. Flood Control Policies Flood control policies in particular Open Space Program greatly encourage urban sprawl and con- tinued excessive population growth at The concept of open space includes the expense of prime agricultural land. three basic components. First, there Flood control is treated as a nonre- is positive open space those lands imbursable cost at the federal, state, with a positive value to society which and local levels. In other words, all should be preserved for affirmative people share in the cost of flood con- reasons dealing with th e characteris- trol, whether or not they live on lands tics of the land itself. Examples where there is an undue flood hazard. include resource production and con- And, it so happens in California that the servation areas such as forest land, valley and basin lands, the flood hazard agricultural land, watersheds, estu- lands, are also the prime agricultural aries, wildlife refuges, unique lands. Many of today's problems of geologic areas, historic and cultural urban sprawl would be abruptly halted sites. recreation land, and scenic by a reversal of this public policy. areas. On the other hand, negative Information is available now for much open space includes those lands such of the State to delineate precisely as earthquake zones, flood plains, the lands subject to flooding: and infor- and landslide areas which are danger- mation can be obtained for those lands ous to use for any urban purpose. not yet SO surveyed. Thirdly, open space can function as a greenbelt a band of open space The Council recommends that normally surrounding an urban area 43 but which also may divide portions of "b) That discouraging premature a greater metropolitan region. It and unnecessary conversion of offers a means of defining a community open space land to urban uses is a and serves to direct the growth of a matter of public interest and city. will be of benefit to urban dwellers because it will discourage non- The Council is convinced that a well- contiguous development patterns designed open space program can be a which unnecessarily increase the key to resolving major land use con- costs of community services flicts. If implemented with vigor, it to community residents. " could preserve lands needed to supply our resource needs, insure the main- tenance of public safety by prevent- The State has provided the rudiments ing the development of geologically of an open space preservation pro- hazardous areas, help meet our huge gram in the form of the Land Conser- recreational demands, halt urban vation Act of 1965 (the Williamson sprawl, provide direction for urban Act), which involves a contractual growth, and serve to more easily im- agreement between the county and the plement sound planning principles. landowner whereby the latter agrees not to develop his property for The State of California has recognized urban uses in return for lower taxes. the importance of open space in It should be emphasized, however, Section 65561 of the Government Code, that this program is voluntary and that which states as part of the legislative many property owners whose land is findings: in the path of development have chosen to avoid such agreements. "a) That the preservation of open space land is necessary not only The State has also required that local for the maintenance of the economy governments include an open space of the State, but also for the element in their general plans, that assurance of the continued avail- this element be supported by an imple- ability of land for the production of mentation program, and that all food and fiber, for the enjoyment actions of the city or county concern- of scenic beauty, for recreation, ing open space lands be consistent and for the use of natural resources. with the plan. 44 Although these laws are steps in the a functional element of the right direction, they cannot be regarded California Conservation and as sufficient to provide for our open Development Plan and to augment space needs. We cannot expect most and give substance to the state landowners at the rural-urban fringe to population growth and distribution voluntarily forego the potential eco- policy. It should classify state nomic gain of urbanization in favor of lands into open space categories, the Williamson Act, nor can we indicate those areas which should expect local governments to develop remain as open space, designate suitable open space programs on their lands sufficiently important to own. The Council believes that a the State to require direct and much greater level of involvement by immediate action to protect or pre- the State is necessary. serve them, and outline a pro- gram and financial requirements necessary to implement the plan. The State Open Space Plan should The Council recommends: also be designed to serve as a guide in the preparation of basin That an open space policy be in- plans. corporated into the State En- vironmental Goals and Policy Report. This policy would define The Council is aware that open space the desirable objectives which preservation does not necessarily should guide an open space pro- equate with land acquisition. While it gram, delineate the areas of is highly desirable to expand efforts responsibility at different levels to purchase land which has great value of government, outline the broad as open space, the use of the police categories of land use which power, principally zoning powers, will should be preserved, and estab- undoubtedly form the bulwark of open lish priorities for open space space regulation. Unfortunately, zoning preservation. has a rather poor record as a method of land use control. It is the feeling of That the Office of Planning and the Council, however, that the strong Research prepare by January 1974 wording of the legislation requiring a State Open Space Plan to become open space elements, to wit: 45 Any action by a county or city space, threatened wildlife habitats, must be consistent with and important scenic and his- the local open space plan toric areas of statewide signifi- No building permit may be cance. This measure should also issued, no subdivision map provide for grants to regional approved, and no open space zon- and local agencies to assist in ing ordinance adopted unless carrying out the purposes of a the proposed construction, sub- statewide open space policy. division, or ordinance is con- sistent with local open space plan Other Possible Methods of Funding " Every city or county, by Open Space January 1, 1973, shall adopt an open space zoning ordinance. " There is a practical limit to the general obligation bond approach to provides sufficient restraints on local financing open space acquisition. Other agencies that zoning can be used as methods need to be explored to supple- an efficient tool for implementing open ment this basic source. Such alterna- space plans, particularly if assess- tives as the unearned increment tax, ment practices are also changed. a one-time change-in-use tax, and a regional or statewide property transfer tax are some that have been pro- Bond Funding Needed posed. The question of open space requirements, and methods for financ- However, if a statewide open space ing acquisition of same, have been program is to be properly implemented, the subject of studies by both the massive acquisition of private lands Legislature and the Administration. at the expense of the general taxpayer The 1970 report of the Joint Commit- will be necessary. tee on Open Space is perhaps the most pertinent. This same committee The Council recommends that a will report again to the Legislature bond issue in the amount of $250- during the current session and antici- million be placed on the November pates covering in more detail the 1972 ballot to provide funds for critical question of open space funding. the acquisition of needed open 46 Transportation -- Providing a Balance has had a single-purpose assignment in highway construction. In the It is well known that the automobile is San Francisco Bay Area, there are at the major source of air pollution in least 15 overlapping agencies in the State. Although steps are currently addition to individual city and county being taken to minimize this condition, governments, all with some responsi- it is projected that in the state's most bility for transportation. The exis- critical air basins motor vehicle tence of many single-mode agencies usage will have to be substantially re- hampers the effective integration of duced if national ambient air quality transportation planning with other standards are to be equalled or even community planning and hinders coor- closely approximated. dination between the various modes. Regional planning agencies which in And there are still further problems theory are responsible for developing caused by reliance on the automobile. area-wide transportation plans as Travel demands in some of the part of their comprehensive planning major corridors may soon exceed the process have been largely ineffective practical capabilities of the present due to a lack of funds to perform highway program. Traffic projections transportation planning and a lack of in ten of the state's urban corridors, authority to implement plans they four in San Francisco and six in might develop. Los Angeles, indicate that as many as 14 to 22 freeway lanes may eventually The Council recommends that a be needed. Present plans call for Department of Transportation no more than 12. If even portions of be created within the Business and the projected future demand are to Transportation Agency, and that be met, alternative means of moving this department, in coordination people must be developed or we face with and subject to the approval of a choking off of our cities. the proposed Environmental Quality Board, develop a comprehensive Currently transportation investment state master transportation decisions are made by independent plan for California, analyzing all single-mode agencies or special dis- modes of transportation, with tricts at the state, regional, and local primary emphasis on the develop- levels. The Division of Highways ment of integrated mass transit 47 systems for the major metropol- comprehensive transportation planning itan areas, such plan to become a at the state and local levels and calls part of the California Conservation for the Secretary for Business and and Development Plan. Transportation to take a more active role in public transportation through Timely action is clearly required if the promulgation of rules and guide- California is to meet successfully lines for the use of local transportation these transportation challenges and funds provided by the bill. As a re- remain a leader among the states in sult, SB 325 provides both a require- developing an efficient transportation ment and to some extent the means system. Several other states, for the State to become more actively New York, New Jersey, Maryland, and involved in multi-modal transportation Massachusetts, for example, which planning, transportation research are facing similar problems have al- and development programs, and secur- ready reorganized their transportation ing federal funds for needed trans- agencies and have assigned to them portation facilities. However, far varying degrees of responsibility for more funding is required. conducting statewide transportation planning for all modes. Failure to do The Council recommends that so in California will almost certainly additional funding be made avail- result in further deterioration of the able to mass transit, giving environment as well as in the quality of consideration to a variety of fund- transportation services in the State, ing sources, including gasoline particularly in the urban areas. taxes, excise taxes on automobiles, and taxes on the increased value of property resulting from develop- More State Involvement - Increased ment of mass transit facilities. Funding The recent passage of SB 325 (Chapter Rural Development 1400, Statutes of 1971) makes the consideration of an integrated trans- California's land use problems unfor- poration organization especially timely. tunately are not restricted to urban This legislation provides approximately growth corridors. During the past $150-million in new funds to support decade a great land boom has originated 48 in the more remote rural areas of the accelerated erosion and sedimentation, State as the vacation home industry loss of vegetative cover, polluted has gained momentum. With added water, loss of fish and wildlife, over- leisure time, rising incomes and living use and loss of recreational areas, standards, more adults over age 60, diminished surface water, reduced more and better roads giving access to groundwater recharge, reduced stor- recreational areas, and more dis- age capacities in reservoirs, in- satisfaction with the frustrations of creased flood hazard, diminished urban living, there has been an inevit- grazing and timber lands, scarred able gravitation to vacation homes. landscape, greater fire hazard, sev- In 1971, one out of every ten new hous- ered access to public lands, streams ing starts in the United States was for and lakes, and intensified air pollu- a vacation home. Since 1957, land tion as being some of the more signifi- projects in California have been cant detrimental impacts. approved totalling 172, 497 lots on 341, 373 acres! It has been estimated Last year the Legislature passed three that in several northern California measures which it is hoped will insure counties existing lots could accommo- more adequate consideration of the date the established growth rate in environment by local government and those counties for the next one hundred provide better information on the to three hundred years. However, financial pitfalls of the premature sub- because the build-out rate (number of divisions to the prospective buyer. houses built in proportion to lots sold) is very low between one and three AB 1300 (Chapter 1399) extends to percent large tracts of land fourteen days the time period within throughout the State are virtual ghost which a buyer can rescind on an cities, with networks of streets and executed contract for purchase of a blocks of cleared and houseless lots lot within a land project. sitting in the middle of nowhere. In the past little attention has been given to the potential harmful environ- 1* "Environmental Impact of mental effects of the premature sub- Urbanization on the Foothill and division. A recent report of the Mountainous Lands of California," Department of Conservation 1* cited November 1971. 49 AB 1301 (Chapter 1446) provides that Short of that, however, additional no city or county shall approve a measures regarding "finding of need" subdivision map unless it is consistent and strengthening local plans and with the general or specific plans of ordinances can and should be taken the city or county, and that no city or promptly. county shall approve a land project unless a specific plan has been adopted The Council recommends: for the area to be covered by such project and unless such project is con- Legislation that would require as sistent with the adopted specific plan. a condition for approval of a AB 1301 also expands the grounds on land project as defined in Section which land projects and subdivisions 11000. 5 of the Business and shall be denied to include "substantial Professions Code, that the local environmental damage". It further agency make a finding based on provides that all city and county ordi- the "build-out" rate in the vicinity, nances shall be consistent with an the number of lots being offered adopted general plan by January 1, 1973. for resale, and other market indicators, that there is a need AB 1302 (Chapter 1327) provides that for the project. Certainly if only the Office of Intergovernmental Manage- 200 homes had been built over a ment shall serve as a clearinghouse six-year period in a county where for providing state expertise to cities the subdivision of some 15, 000 and counties requesting such service lots had been approved, the need in connection with a subdivision or land could be legitimately questioned project. and a finding made to that effect. The above legislation imposed new That the Office of Planning and requirements on local government and Research develop criteria for de- provided improved tools for dealing termining the adequacy of city with premature or second home sub- and county general plans and that divisions in rural areas. The situation appropriate procedures be devel- would be further improved by bring- oped (which might include the with- ing certain of these areas under the holding of certain state subventions interim permit control as proposed in to local government) to insure the Council's first recommendation: such criteria are adhered to. 50 That cities and counties be re- the open space and other amenities quired to adopt adequate grading that must be replaced. (including maximum slopes) and erosion and sedimentation control ordinances to apply to all develop- California's Disappearing Coast ment. Since a significant number of lots are sold in rural areas For the state's fourteen million resi- which do not come under the Sub- dents living within one hour of the division Map Act, cities and coast, it has unparalleled recreational counties should also be required significance. But of the 1, 272 miles to adopt minor subdivision ordi- of shoreline, a little over 400 miles nances in order that all division of is in public ownership, of which land, or "lot splitting" can be only about 300 miles are available for regulated. actual public recreational use. That cities and counties be given The same features which contribute to the authority to review all sub- the uniqueness of our coast also make divisions approved prior to the it very desirable for development, Subdivision Map Act, and, where and particularly in the South Coast, little or no development has where the pressure to "build, build, occurred, revert the unused lots build" has been tremendous. Nor is to acreage, as provided for by the threat restricted to Southern Chapter 4, Part 2, Division 4, of California. In the north, second home the Business and Professions Code. recreational subdivisions are prolif- erating along the accessible parts of AB 1304, which did not pass the 1971 the coast. In one 50-mile stretch Legislature, would have authorized between Dillon Beach in Marin County counties to impose a tax on the privi- and Del Mar Point in Sonoma County, lege to subdivide land at the rate of 33 miles are occupied by subdivisions 5 percent of full market value of prop- without even minimum public access erty within a land project sold to beyond mean high tide. In the Half another person. This concept should Moon Bay area of San Mateo County, be pursued not only because of the developers are poised to suburbanize cost that must be incurred to service most of the coast awaiting only these developments but because of the provision of domestic water. 51 Skirmishes and outright battles between the environmental integrity of the environmentalists and developers and coast. other powerful private interests, public utilities, single-purpose govern- The Council has attempted to deal with mental agencies, and, ironically, en- the coastal zone by bringing it within vironmental regulatory agencies, the interim permit jurisdiction of the have become commonplace in commu- proposed State and Regional Environ- nities along the entire coast. A mental Quality Boards. The Council random listing includes a proposal to recognizes, however, that a govern- dredge gravel from the mouth of the mental mechanism to protect the coast- Russion River at Jenner, proposed line is long overdue and must stand high density development on prime on its own in the event the creation of agricultural flood plains at the mouth the State and Regional Environmental of the Carmel River, large growth- Quality Boards does not become a promoting sewage treatment plants at reality this year. It is for this reason Bodega and Malibu, coastal freeways that the Council will strongly support near Eureka, Malibu, Santa Cruz, legislation for the creation of a separ- and Santa Barbara, and proposed nu- ate entity to develop a coordinated plan clear power plants at Bodega Head, for the coastal zone and to exercise Point Arena, and Davenport. Suffice interim permit authority while the plan it to say that with ever increasing is under preparation. momentum a battle is being waged on many individual fronts to protect the It should be understood, however, that environmental qualitites of the coast such an approach is temporary, from the onslaught of progress. necessitated only by the immediate threat of great irreversible damage to Given the relentless pressure of devel- a unique and limited resource, and opment focused on the limited land area that at the appropriate time it would be in the coastal zone, no immediate integrated into a broader framework measure of success can be expected for dealing with land use control. within the currently existing system of fragmented and undirected authority. It is clear that immediate and positive Geologic Hazards action is necessary to forestall further despoliation and preserve Rapid urbanization of the State 52 has often ignored the obvious threats to Code, which specifies that no govern- life and property -- flood, earthquake, ing body of a city or county shall and landslide. Legislation has been approve a tentative or final subdivision addressed to these problems, but fur- map if it is found that the site is not ther steps need to be taken to strengthen physically suitable for the proposed the applicable provisions and to insure type of development. It is the hope of that they are properly implemented. the Council that this provision will enforce adequate consideration of geo- The Cobey-Alquist Flood Plain Manage- logic and soil characteristics with ment Act of 1965 presently requires respect to landslides prior to the de- that flood plain regulations be adopted velopment of questionable areas. by local agencies only when a federal There is, however, a need to provide flood control project report has been local government with assistance in completed, and that such regulation evaluating such matters. need pertain only to the design floodway that portion of the flood plain which The Council recommends that, in is needed to provide for the construction order to provide a better per- of a flood control project. This Act spective for local government, the needs to be strengthened considerably. appropriate state departments, coordinated by the Resources The Council recommends that the Agency, be directed to prepare Legislature expand the provisions criteria for the use of local agen- of the Cobey-Alquist Flood Plain cies in determining the sufficiency Management Act to require that all of soil and geologic conditions to lands which have been or may be accommodate development with inundated by floodwaters be subject a minimum landslide hazard and to flood plain regulation, irre- establish procedures for adherence spective of the existence of any to these criteria. federal flood control project report, and that those uses which are not With the passage of SB 351 (Chapter 150, compatible with flood plain lands be Statutes of 1971), local jurisdictions SO defined as part of the Act. are required to include a seismic ele- ment in their general plans. However, The Legislature last year added Section there is very little agreement as to 11549. 5 to the Business and Professions what constitutes an acceptable 53 earthquake risk, and thus a widely contained in the Environmental divergent range of approaches to seis- Goals and Policy Report, that the mic safety regulations. The Council continued development of geolog- on Intergovernmental Relations is ically unstable land constitutes presently developing two demonstration a threat to the citizens of Calif- projects designed to formulate guide- ornia, and hence should be pro- lines for the preparation of the seismic hibited. In addition, guidelines safety element. The Division of Mines and earthquakes should also be in- and Geology, State Department of corporated as part of the Environ- Conservation, which has already done mental Goals and Policy Report. considerable work in this area, in- cluding a recently completed Master Plan for Urban Geology, will provide The State's Land Use Role assistance. These efforts, strength- ened by the recently created Governor's In 1959 the Legislature created the Earthquake Council, give the State an State Planning Office, which was excellent opportunity to give strong charge with the responsibility to "pre- direction to local government in this pare, maintain, and regularly review important area. and revise a comprehensive long range general plan for the physical The Council recommends: growth and development of the State". Ten years and four million dollars That the guidelines now being pre- later, the office produced the Calif- pared by the Council on Inter- ornia State Development Plan Program, governmental Relations for the which presented a wide range of seismic safety elements (recently social, economic, environmental, and required as part of local general political issues facing California, plans) include a definition of with recommendations for improving earthquake risk, a classification the ability of government to resolve of land into standard earthquake them. Although the Development Plan hazard zones, and minimum Program was valuable in establishing design specifications for construc- a perspective of California's problems, tion in different zones. it was not a comprehensive plan and did not provide a basis for guiding That it be a matter of state policy, growth in the State. 54 Office of Planning and Research - In Forest and agricultural lands which 1970, the Legislature replaced the are judged to be of major impor- State Office of Planning with the Office tance in meeting future needs for of Planning and Research (OPR). food and timber. This new planning entity, operating ------------------------- Areas which provide green space within the Governor's office, was given and open areas in and around high the primary responsibility to assist density metropolitan development. in the formulation, evaluation, and up- Areas which are required to provide dating of the long-range goals and needed access to coastal beaches, policies for land use, population growth lakeshores, and riverbanks. and distribution, urban expansion, - Areas which require special develop- open space, resources preservation ment regulation because of hazardous and utilization, and other factors which or special conditions, such as earth- shape statewide development patterns quake fault zones, unstable slide and significantly influence the quality areas, flood plains, and watersheds. of the state's environment, These en- vironmental objectives are to be trans- In addition to the primary responsibility lated into a State Environmental Goals of policy formation, OPR is given the and Policy Report. Prior to approval planning responsiblities to: (1) assist by the Governor, the report is to be in the preparation of short-range submitted to the Legislature for review functional plans by line agencies to and comment. guide programs such as water develop- ment, transportation, and open space In the preparation of the report, OPR which relate to the protection of the was instructed by enabling legisla- environment; (2) evaluate departmental tion to give "immediate and high programs and identify conflicts and priority" to the development of a land recommend measures to resolve con- use policy which was to consider flicts; (3) assist the Department of among other things: Finance in program budgeting to insure an integrated program of priority Areas of outstanding scientific, actions to implement functional plans recreation, and scenic value. and achieve statewide environmental Areas which are required as habi- goals; (4) coordinate the development tat for significant fish and of policies and criteria to ensure wildlife resources. that federal grants-in-aid advance 55 statewide environmental goals; (5) co- Area-Wide Planning ordinate research activities of state government pertaining to growth and The evolution of area-wide planning development of the State and preserva- unfortunately is a very slow process. tion of the environment; and (6) advise During the 1960's significant gains the Governor and his cabinet. were made with the formation of coun- cils of government, voluntary associa- It is evident from these provisions that tions of cities and counties, which the Legislature intended that OPR strove, through coordination of metro- assume a central planning role in state politan governments, to resolve re- government. But however sufficient the gional problems. There currently provision of statutory authority may exist in California four multi-county be, it is no quarantee that the delegated and ten single-county councils of responsibilities will be adequately governments of which the Association carried out. OPR has currently a staff of Bay Area Governments (ABAG) and of seven professional and three clerical the Southern California Association personnel, and a budget of approximate- of Governments (SCAG) are the most ly $180, 000, about 50 percent of which notable examples. Not all of them, is provided by the federal government. however, have the broad regional per- Most of OPR's efforts have been spective of ABAG and SCAG. Neither directed toward the preparation of Envi- do all the regions in the State have a ronmental Impact Statement guidelines, regional planning program. Most Phase I of the Land Use Policy, and important, they all lack any authority the Goals and Policy Report due the to implement an ongoing regional Legislature on March 1, 1972. planning effort other than by gentle per- suasion of local government. Should It is proposed by the Council that OPR a county or city hold fast to a develop- become a part of the previously recom- ment policy which conflicts with region- mended comprehensive statewide al policies and plans, the particular environmental entity. With additional council of government is powerless, and funding and specific new direction the the implementation of regional ob- office can, however, play a strong jectives thwarted. interim role and begin immediately on the important land use program recom- It is for this reason that the Council mended by the Council. advocates the creation of Regional 56 Environmental Quality Boards in each Local agencies are required to prepare geographic region of the State as a an EIS in connection with locally long range goal toward the establish- funded projects, but are only required ment of a strong land use planning to make a finding that the project is and regulatory program which balances consistent with the conservation local needs with overall state goals element of the city or county general and policies. plan, or, in the absence of such an element, submit the report to the local This proposal does not have to be planning agency. In such cases, how- viewed as a drastic change for the role ever, no agency is obligated to rule of local government. It simply rec- on the adequacy of the reports or ognizes the need for state and region- consider their findings. al leadership and the fact that present approaches are inadequate. This The Act is one of the most significant recommendation lays out a new part- environmental measures yet passed nership with local government in by the Legislature and has been an ef- the area of land use planning and built- fective tool in protecting the envi- in methods to insure that local and ronment. There are ways, however, regional entities perform in a manner by which the process could be consistent with statewide criteria strengthened. The Legislature de- and development goals. clared in the Act that: Environmental Impact Statements "It is the intent of the Legisla- ture that all agencies of the state The Environmental Quality Act of 1970 government which regulate provides that all state agencies, activities of private individuals, boards, and commissions submit an corporations, and public agencies Environmental Impact Statement (EIS) which are found to affect the on any project they propose to carry quality of the environment, shall out which could have a significant regulate such activities so that impact on the environment, and, if major consideration is given responsible for allocating state or fed- to preventing environmental eral funds to local projects, they are damage." obligated to require that the responsi- ble local agency submit an EIS as well. Unfortunately, the mandatory aspects 57 of the law limit the EIS requirement to decision of the responsible entity "projects", and local agencies have adhere to the findings of the EIS not been inclined to interpret it in any unless, consistent with the intent way that would go beyond this point. of the Act, it makes a specific The Environmental Quality Act of 1970 finding that the benefits to the (Section 21000 to 21151, Public Re- public outweigh the disadvantages sources Code) should be specifically to the environment. broadened in its application to cover public and private "actions" as well as Land Use and Population - Unresolved "projects", to require discussion of Environmental Issues the population growth implications of such actions and projects, and to Although the State has dealt effectively require the responsible public entity to in individual areas of environmental make appropriate findings. quality, the basic underlying questions of land use and population remain sub- The Council recommends that the stantially unaddressed. Hopefully the Environmental Quality Act of 1970 preceding discussion and recommend- be amended to: (1) specifically ations will pave the way toward a mean- apply to all "actions" of state and ingful process for dealing with these local government, including critical environmental issues. special districts, which would have a significant impact on the environ- C/ ENERGY USE ment; (2) specifically apply to regulatory activities as well as those that are being carried out by Introduction the entity itself; (3) require that cities and counties prepare an EIS In an attempt to better understand the on any change of zoning or con- conflict between environmental quality templated private project that will and a highly industrialized, fast growing have a significant impact on the society's ever increasing demand for environment; (4) include as one of energy and the fuels that produce that the elements of an EIS a detailed energy, the Council held four hearings statement on the population growth devoted to some aspect of this problem. and distribution implications of the action; and (5) require that the The first, on nuclear energy, was held 58 in Sacramento in January 1971. The period of time, particularly in areas second, on power plant siting, was like the South Coast Basin where their held in Santa Cruz in February 1971. use is concentrated. The third was on geothermal energy, in Lakeport, in August 1971; and the final Viewed on an international level, it hearing, on the overall question of appears that reserves of natural gas energy use, was held in Los Angeles are sufficiently limited that priorities in December of 1971. in utilization will have to be imposed in the near future. It further appears The following discussion is based on that oil and gas may be available in testimony from these hearings as quantities needed for heavy utilization well as other reports and information for another century. Coal appears supplied by those who were asked to to be sufficiently plentiful for several participate. It is an attempt to put into centuries of heavy utilization. It is perspective the whole question of ironic that the most plentiful of these energy use and to chart a course for fuels, coal, is the greatest atmos- needed change. pheric pollutant, whereas the least plentiful, natural gas, is the least polluting. Overall Energy Problem For purposes of this report, energy Energy Use and the South Coast Basin means all the primary sources for pro- ducing heat and motive power. Most The total annual energy release within of man's energy needs, including elec- the South Coast Basin translated to a trical energy, are dependent on fossil common frame of reference is 557 fuels, namely: gas, oil, coal, and billion kilowatt hours (kwh). The com- natural gas. Fossil fuels as a primary bustion of fossil fuels accounts for source of energy create two major 96 percent of this amount. The remain- problems: they are non-renewable re- ing 4 percent is electric power im- sources; and the combustion of these ported from outside the basin, and fuels causes, among other things, air human metabolism at the rate of 3200 pollution. Also, continued increase calories/day/person. 2* in the use of fossil fuels could further adversely affect climate over a 59 Of the fossil fuel consumed in the basin, Given the enormous amount of fossil 24 percent goes to operate electric fuels being consumed in the South Coast generating facilities, although electri- Basin, it is the conclusion of the En- cal energy itself accounts for only vironmental Quality Laboratory at the 8.5 percent of all energy produced. California Institute of Technology This means that of about 135 billion that, with the best possible application kwh of fuel burned to produce elec- of technology and assuming that all tricity, only 47. 8 billion kwh actually automobile emissions standards for becomes electricity, the remainder 1976 are met in 1975, ambient air being lost primarily from inefficient quality can only be improved temporar- conversion at the plant and in trans- ily and, unless new energy demand is mission. Of the remaining fossil fuels, absorbed by a non-polluting energy 30 percent is used for all forms of source, will again proceed to transportation, and 45 percent for deteriorate. 3* various industrial activities. In terms of air quality, the 30 percent devoted It is clear to the Council, based on to transportation constitutes about 80 testimony received, that consumption percent of the total tons per day of of fossil fuels has now become so emissions into the atmosphere. great that our ability to reduce emis- sion factors is being surpassed, and that steps must be taken to substan- tially reduce the use of fossil fuels as an energy source in the state's most critical air basins. The primary op- tion to the use of fossil fuels is electric energy supplied through the use of alternate sources. Unfortunate- ly, our present technology does not 2* "Energy and the Environment in permit us to do this without confronting Southern California, E. J. List, other environmental problems. Environmental Quality Laboratory, California Institute of Technology, Electric Energy in Council's Energy Use hearing, December 17, 1971. Electric generating capability in Calif- 3* Ibid. ornia has doubled each ten years for 60 the last thirty years and, as presently One power plant now operating in projected, could grow at this rate "Four Corners" consumes 7 million in the decades to come. This is an tons per year of coal, 20 million average of nearly 8 percent per gallons per day of water, and produces year, only one third of which can be 1-1/2 million tons per year of solid attributed to population growth. wastes, and at one time produced The other two thirds is caused by enough oxides of nitrogen to equal as increase in per capita demand. much as one-third of that produced Although other forms of energy use in Los Angeles. The consequences of have expanded at a nearly comparable meeting power needs in this manner rate, electric energy consumption are obvious. and its impact on the environment have been of increasing concern. And this concern and impact is more far Factors Contributing to Growth reaching than many had expected. A classic example of the relationship Electricity consumption is generally of electric energy demands, envi- analyzed according to commercial, ronmental degradation, and resources industrial, residential, governmental, depletion is the power complex and other. being developed in the "Four Corners" area of the Southwestern United Commercial uses accounted for about States. Because energy production 30 percent of the total electric con- in such places as the South Coast sumption in 1970, statewide, but run Basin is causing more pollution than as high as 40 percent, for example, the atmosphere can healthfully in the area serviced by Pacific Gas and handle, it has become necessary to Electric Company. The growth in this look outside the basin for supplies category is due to an increase in com- electricity. The fact that this mercial floor space of about 6 percent threatens to create an environmental per year and an increase in demand export-import problem of considerable per square foot of 4 percent per year, dimension was borne out in the brought about by more lighting, Council's December 1971 hearing by environmental conditioning, and the representatives of the State of New fact that a substantial amount (40 per- Mexico, the Black Mesa Fund, and cent in the South Coast Basin in 1970) the Navajo Indian Tribe. of new floor space is all electric. 4* 61 Industrial uses account for about 30 The basis of an overall energy use percent of total sales. Although in- policy for the future must be conserva- dustrial activity has been dropping off tion. Unfortunately, electric energy somewhat, overall growth amounts policy to date has totally disregarded to 7 percent annually. Part of the this element. The national policy growth in industrial consumption is for many years has been to provide caused by the same factors that affect abundant low cost energy. We are fast commercial use, while some is beginning to realize that this goal brought about by more intense manu- must be reevaluated. Electricity can facturing processes. 5* no longer be treated as an unlimited commodity, and, as with any other Residential use has gone from 17 per- valuable resource, its waste cannot be cent of total sales in 1950 to 27 percent tolerated. If we are to devote greater in 1970. This growth is due primarily amounts of future capacity to the to an increase in the number of single replacement of fossil fuels (including individual households (this trend, how- a portion of the 24 percent now being ever, is levelling off) and demand in used for electric power production home appliances and environmental in the South Coast Basin) and other en- conditioning, such as central heating vironmental efforts, we must develop and air conditioning. Between 1961 and 1969 average sales per customer have increased 6 percent per year -- from 3290 kwh to 5244 kwh. Since there is clearly room for growth in the 4* "California's Projected Electrical residential sector, it does not appear Energy Demand and Supply," Report likely that the 6 percent annual growth to the Assembly General Research rate will be significantly reduced. 6* Committee, California Legislature; Dr. Lester Lees, Environmental Government (buildings, street lighting, Quality Laboratory, California Insti- etc.) and other uses (farming, mining, tute of Technology, in Council's Energy etc.) have been growing at about 8 Use hearing, December 17, 1971. percent per year. 7* 5* Ibid. 6* Ibid. Electric Energy Conservation 7* Ibid. 62 measures to reduce consumption for Building Construction and Design -- - nonessential uses and use what is avail- There is a great deal that can be done able in the most efficient, nonpolluting in the area of building construction manner. Some measures for accom- and insulation. Recently the President plishing this are: directed the Department of Housing and Urban Development to develop stan- Pricing -- At present the per unit cost dards with this objective in mind, to of electricity goes down as the amount be applied to all federally assisted consumed goes up. The result is housing. This effort should be expand- that many large commercial and indus- ed into the area of building design trial developments treat electricity which, as was demonstrated at the as nearly a no-cost item. Rates should Council's hearing on Energy Use, offers include the environmental costs of tremendous potential. By taking ad- producing electricity and should be de- vantage of sunlight, shade, and prevail- signed to discourage waste. Certainly ing wind, much can be accomplished. a rate structure that facilitates the all-night lighting of large office build- Greater Efficiency - Every effort must ings has to be questioned. On the be made to get more efficiency from other hand, any rate modifications the energy that is expended. The ques- should not work hardships on lower tion of space heating has already been income groups or counteract efforts to mentioned as has the fact that of the replace the use of fossil fuels. 135 billion kwh of fuel burned in the South Coast Basin, only one third of Advertising -- Advertising, particular- this came "on line" in the form of elec- ly of the "all-electric" variety, has tricity. A simple incandescent bulb contributed significantly to increased that converts 90 percent of its energy consumption. It has also led to the to heat and only 10 percent to light inefficient use of electricity, particu- is another example of the problem. larly with regard to space heating. Efforts to get more efficiency from the Some utilities have recognized the production of energy, through trans- problem and have turned away from mission and to the point where it is promotional advertising. This trend converted to heat or motive power, should be expanded, and the future should be vastly expanded. Such efforts thrust of utility advertising should be should not be limited to electric energy. toward ways to conserve energy. There are many other processes, the 63 automobile, for example, where fossil including imports. If this is projected fuels are used in a very inefficient at a 7 percent annual growth rate, manner. taking into account a 20 percent margin (required for peak loading, shutdown Balancing Supply and Demand -- for maintenance, etc.), the State will Approximately one third of the state's need about 55, 000 MW(e) by 1980. electric energy-producing capability This means about 3, 500 MW(e) in new goes unused 95 percent of the time, electrical generating capacity each standing by to cover periods of peak year by 1975, and 5, 000 MW(e) of new demand. To the degree that this prob- capacity by 1980. 8* Using a 5 per- lem could be alleviated, a more cent growth rate figure plus 20 percent, proper balance between electric energy the requirement will be approximately supply and demand could be attained. 45, 000 MW(e) by 1980. Dr. Lester Lees has suggested that Hopefully new efforts and attitudes peak demand periods could be "shaved" regarding conservation of energy will by such measures as "rolling blackouts" prevent the 7 percent per year "self- (reducing power in certain areas for fulfilling prophecy" from materializing. one hour, and then moving to another However, it is not likely that we will area), heat storage, charging different reach the point in the foreseeable rates during peak demand periods, future where there is no longer the and putting nonessential appliances on need for new electric generating facil- separate circuits. ities, particularly if, as part of an overall energy policy, we intend to re- duce the use of fossil fuels. Even if The Need for Additional Electricity the growth rate were cut to 3.5 percent Although the State must move aggres- sively in the field of conservation, it must also be prepared to handle the expected need for future power plant facilities in an orderly manner. 8* "California's Projected Electrical Energy Demand and Supply, Report In 1970 California had an electric power to the Assembly General Research capacity of 32, 000 megawatts (MW(e)), Committee, California Legislature. 64 between 1970 and 1980 and to 2 percent fuel capable of meeting future demand between 1980 and 1990, 70, 000 MW(e) in the time required is nuclear energy. will be needed by the end of that There are, however, certain environ- period. Assuming that by 1980 the mental issues that have been raised very low growth figure of 2 to 3.5 per- in connection with full-scale develop- cent per year could be achieved, ment of nuclear power plants which some 2, 000 to 3, 500 MW(e) of new have not been resolved. electrical generating capability will be required each year beyond that Low-Dose Radiation -- This involves time. 9* the radiation that is emitted from normal operation. Dr. Arthur Tamplin, What is required is a strong program Lawrence Radiation Laboratory, of conservation combined with a Livermore, gave testimony on this strategy for developing all feasible, point at the Council's January 1971 safe, and environmentally sound hearing, asserting that a danger exists means for replacing, to the degree in this area and that the Atomic Energy possible, energy produced by fossil Commission should set more strin- fuels, as well as new technology and gent standards. The AEC is now in institutional mechanisms for carry- the process of adopting standards ing out these objectives. equivalent to those recommended by Dr. Tamplin. As a result, the ques- tion of low-dose radiation in connection Nuclear Energy with normal plant operation will be reduced in significance. The only planned alternative to fossil Reacter Safety -- Although great pre- cautions are taken in the construction and operation of nuclear reactors, there is no guarantee that an accident will not or cannot occur; and this 9* Dr. Lester Lees, Environmental fact continues to be a major concern Quality Laboratory, California Insti- in the minds of many who point to the tute of Technology, in testimony at possibility of an earthquake or an hearing on Energy Use, December 17, operating malfunction as a potential 1971. threat to the surrounding area. 65 Hopefully this problem can be lessened Thermal Effects -- Marine biologists by improved technology, better quality have raised serious objections with control during construction, new regard to the effects of warm water AEC seismic standards, and location discharges. Future plants will have to of plants underground or in remote be sited, designed, and operated in areas. a manner that will minimize these adverse effects and, where possible, Land Use and Plant Siting -- Because derive some recreational, municipal, of the tremendous water demands, and industrial benefits from warm the coastline is usually thought to be water discharges. the most economical and suitable location for nuclear power plants. Transportation -- Spent fuel or high- There is concern that, if most of our level wastes from nuclear reactors future power needs are to be met by must be transported to reprocessing nuclear energy, major portions of the plants where fuels are processed coast will be devoted to this purpose. for reuse and where wastes are stored. Other issues related to land use The high-level (highly radioactive) and siting are the need for transmis- wastes travel by truck or train in con- sion lines and the amount of related tainers that are expected to meet industrial and commercial development rigid testing procedures, under the that the location of power plants supervision of the AEC. Although might prompt. Perhaps this particu- transportation is tightly controlled by lar situation can be improved by regulation, increased activity brought consolidating facilities and thereby about by a growing number of nuclear reducing the number of sites, or per- power facilities will increase the haps locating the plants underground possibility of accidents. or in more remote, somewhat in- land sites, out of public view but near Fuel Reprocessing -- Reprocessing enough to the ocean to utilize this currently takes place at three locations source of water. Some non-ocean throughout the country. Although oriented sites can be justified regulated by the AEC, these plants will (such as Rancho Seco, 25 miles south- not be required to meet the new guide- west of Sacramento), but, because lines for low-dose radiation being pro- of water supply, they might be posed for power generating facilities. limited. Some concern has been expressed that 66 radiation standards and operating pro- Geothermal -- There are presently cedures should be more stringent, operational geothermal systems which particularly since increased construc- produce electric power by steam tion of nuclear reactors will undoubt- from underground heat sources. The edly require more fuel reprocessing only such system presently producing facilities. electricity in California is at The Geysers in Sonoma County, which is Waste Storage - - Nuclear energy advo- being counted on to supply 106 MW(e) cates and opponents alike recognize per year through 1979. There are waste storage as a problem that has other potential sites, the most signif- not been completely resolved. Because icant of which lies in the Imperial of the tremendous life span of some Valley. However, some complex tech- of the highly radioactive wastes, per- nical problems are as yet not re- manent storage and long-term steward- solved, and it may take up to ten years ship becomes critical. Presently all to produce just a few thousand MW(e). such wastes are being stored at the Certainly geothermal resources need three reprocessing plants, and no much more attention, but they can permanent type storage has been only be viewed as part of a total developed. This problem must be re- approach to meeting future demand solved if present day and fast breeder and not, as some have suggested, a reactors are to be developed to the way to "buy time" for ten or twenty degree contemplated. years. It is difficult to make a general state- Near-Zero Emission Electric Energy ment about the environmental impact of Alternatives geothermal development, because it varies by location. Some areas, like There are a number of other alterna- The Geysers, are readily developable, tive sources of clean electric energy while the Imperial Valley has many which can in varying degrees, and problems yet to be resolved. Other in some cases subject to a great deal potential sites are in areas of great more research and development, scenic beauty and should not be used play an important part in meeting for this purpose. future demands and in reducing the use of fossil fuels. The Use of Wastes -- Combustion of 67 liquid and solid waste material in The Alternatives in Balance connection with electric generating facilities (although not "near-zero The above alternatives, unfortunately, emission") is one approach to have to be considered limited as which more attention should be given. major sources of power at least during However, this type of integrated the 70's and 80's. However, in the system will probably have more cases of solar and geothermal energy, value for its waste disposal capabil- concentrated effort should be made to ities than as a future power source. maximize their potential in the short- est possible time. Solar Energy -- The energy continu- ously radiated by the sun is The development of nuclear fission potentially capable of supplying all (present day and fast breeder re- of man's energy needs. Unfortunately, actors) over the next 10 to 20 years, technology is many years away from considering other alternatives, ap- collecting and distributing this pears to be the most feasible step source in any significant amount. toward meeting the state's increased It has been demonstrated, however, electrical demand, which at present that it does offer more immediate is almost totally dependent on the potential for new residential construc- use of fossil fuels. What is of utmost tion for such things as space heating, concern to the Council is that ade- which demand a significant amount quate steps be taken to insure that of energy. this source of energy is developed in a way that minimizes the detrimen- Hydro Power -- The storage and use tal effects on the environment, con- of water for the production of elec- serves our fuel resources, and is tricity has played an important safe. In particular, continued devel- role in meeting demands in the past. opment must be conditioned on find- However, it does not emerge as a ing suitable solutions to the problems significant factor in terms of future of radioactive waste handling, pro- growth. Hydro power possibilities cessing, and storage. have largely been exhausted, and further developments would alter the Coupled with this, the Council urges free flowing character of the remaining a concerted national effort to develop rivers and streams. nuclear fusion (a reaction which 68 involves very little waste and is ex- implementation. Such a policy pected to produce electricity more should involve: (1) specific efficiently) as the country's major measures for reducing the per source of power in the long-term capita use of energy and for using future. energy which is available in the most efficient manner; (2) con- tinuing evaluation and provision of Overall Energy Use Strategy legitimate energy needs; (3) de- veloping all feasible and safe Energy use has become one of the means for replacing, to the degree most critical environmental issues possible, the use of fossil fuels facing the State. Present attitudes and with near-zero emission electric public policy have led to the unre- energy; and (4) a program for strained use of natural resources and massive research and development excessive pollution. A clear cut and new technology regarding energy use and power plant siting alternative sources of power, the policy, with emphasis on conservation siting of power plants, the trans- of energy, the appropriate govern- mission of electric power, and mental mechanism for implementing the handling, processing, and such a policy, and a coordinated storage of wastes. state and federal research and develop- ment program on all aspects of the The Commission would also de- problem is required. velop a statewide power plant siting plan, after appropriate pub- The Council recommends that an lic hearings, which would be Energy Conservation and Power subject to the approval of the State Plant Siting Commission be Legislature and the Environmental established to develop, in cooper- Quality Board, and which would ation with the federal government, constitute a master plan of pre- the proposed Environmental ferred sites and become a part of Quality Board, and all other ap- the California Conservation and propriate agencies, organizations, Development Plan. The Commis- and individual citizens, an over- sion would test each proposal for all energy use and power plant power plant development and siting policy and measures for its transmission line routing against 69 the approved master plan, as well Exclusive of what the federal govern- as various demand, environ- ment must do in the way of research mental, scenic, and safety stan- and development, the state's re- dards and criteria, and, after sponsibilities for planning, develop- holding public hearings, have the ment, conservation, and research will authority to approve or reject require a substantial amount of the proposal. funding. The Commission might also be The Council recommends that a given the authority to purchase use tax (as well as an increase in sites in advance of need and lease the basic rates) be applied to them back to utility companies. the higher usage portion of the utility rate structure to finance the statewide energy conservation Research and Development and power plant siting program. Present rate structures for Massive new efforts in research and electric power begin at a few development will be required if we cents per kilowatt-hour (kwh) and are to meet future energy needs in an drop to several tenths of a cent environmentally responsible way. per kwh as usage increases. A tax of one mill per kwh in the The Council recommends that the high-use brackets could raise as federal government be urged much as $50-million. High to embark on massive research volume energy users such as and development programs in rapid transit agencies and those connection with new sources of engaged in other environmentally energy, power plant siting, energy beneficial activities should be conservation, and other matters exempt from such taxes or rate related to energy policy modifications. administration. A Parting Shot Funding of a Statewide Energy Use and The president of the board of directors Power Plant Siting Program of a large utility district recently 70 commented in response to a suggestion that air pollution is a serious menace from a fellow board member that the to the health of man and constitutes district should encourage ways to con- a state of chronic and increasing emer- serve energy through home insula- gency. Little more need be said by tion, "Our job is to sell electricity. this Council to justify the necessity That's what makes the cash register for strong and imaginative measures ring." to control air pollution than the fact that oxidant levels, in our more con- Hopefully we have moved beyond this gested areas, exceed by as much as point and a sound statewide program six times the air quality standards of energy use will be forthcoming. based on preservation of health set by the State Air Resources Board. D/ AIR QUALITY Causes Introduction The air pollution problem in California varies widely in terms of both char- The condition of the air we breathe acter and extent. In the South Coast continues to be the number one pollu- Basin and the San Francisco Bay Area, tion problem in the State. It is the major problem is photochemical certainly the most obvious index of air pollution, or smog, measured in environmental degradation and the terms of ambient oxidant concentrations. most difficult and complex to deal with. The primary ingredients of photo- It inflicts widespread and costly chemical air pollution (or photochem- damage on plant life and buildings and ical oxidants) are oxides of nitrogen materials. It dims visibility and and hydrocarbons, both of which are obscures city skylines and scenic principally of vehicular origin. The beauty. It produces undesirable odors, problem in these areas is compounded alters climate, and may even pro- by high atmospheric levels of carbon duce global changes in temperature. monoxide and particulate matter. However, most important is its threat to human health. Medical tes- In many of the state's more rural areas timony presented to the Council as air pollution is largely the result of well as to other public bodies indicates particulate matter emitted directly 71 from such sources as agricultural for coordinating and overseeing local operations, lumber production, min- control efforts. Local air pollution eral processing, and, to a lesser control districts have primary control degree, from motor vehicles. of emissions from nonvehicular sources. The problem of sulphur dioxide and soot that is typically associated with coal burning economies is generally Local Districts not present in California. In 1947 legislation was enacted en- The motor vehicle constitutes the abling each county to form an air major source of hydrocarbons (HC), pollution control district (APCD) as carbon monoxide (CO), and oxides of well as permitting the districts in nitrogen (NOX) emissions in two or more adjacent counties to California. In 1970 there were nearly unify. 13 million gasoline powered vehicles in the State using nearly 9 billion In 1955, the State Legislature adopted gallons of fuel annually. It is pro- legislation creating the Bay Area jected that there will be 14 million Air Pollution Control District, for such vehicles in 1975 and more than the purpose of controlling air pollution 16 million in 1980. Approximately on a regional basis. Six counties one half of the total vehicle population bordering the Bay (San Francisco, is located in the South Coast Basin, San Mateo, Santa Clara, Alameda, where it is said to be the source of Marin, and Contra Costa) became more than 70 percent of the photo- mandatory members. The counties chemical "smog", and contributes as of Napa, Sonoma, and Solano could much as 88 percent of the total tons join at their own option by the affirma- of emissions per day. tive vote of their respective boards of supervisors. They never chose to The responsibility for air pollution exercise this option; so, the law was control in California is currently amended in 1970, making it mandatory shared by the state and local agencies. that Napa County and portions of The State Air Resources Board (ARB) Sonoma and Solano Counties become is responsible for control of the active parts of the District. By 1969, emissions from motor vehicles and twenty-six of the state's fifty-eight 72 counties were in districts, covering enforcement have varied widely from about 50 percent of the state's land one district to the next. However, area and 90 percent of its population. the state implementation plan required by the Federal Clean Air Amendments Legislation in 1970 made it mandatory of 1970 mandates uniform programs that all counties be within an Air for each basin. Pollution Control District. This same legislation required the creation of Basin Coordinating Councils where State Program two or more APCD's exist within the same basin. These councils are re- In 1955, a state air pollution program quired to coordinate the activities was established within the Department of the local districts and to develop of Public Health (DPH). It included plans for meeting state air quality technical assistance to local agencies, standards. air quality monitoring in various areas of the State, establishment of Local districts must enforce certain motor vehicle emission standards, and minimum emission standards estab- promulgation of ambient air quality lished by state law. These include: standards. (1) a smoke limitation of Ringelmann No. 2, or 40 percent opacity; (2) In 1960, the Motor Vehicle Pollution certain public nuisances; (3) in county Control Act created the Motor Vehicle districts, all provisions of the State Pollution Control Board (MVPCB) Vehicle Code dealing with the emission and directed the board to implement of air contaminants; and (4) motor vehicle emission standards. agricultural burning regulations. This included the certification and testing of vehicle emission control The local districts may also adopt systems. rules and regulations to require the installation of smog control devices on 1955-65 model cars provided the Mulford-Carrell Act need to do SO is justified and the ARB has certified such a device. In 1967 the Mulford-Carrell Air Resources Act created a 14-member Until now, standards and levels of Air Resources Board (ARB) which 73 replaced the MVPCB and assumed Legislation enacted in 1970 strength- most of the air pollution related func- ened the ARB's authority to implement tions previously assigned to the DPH. statewide air quality programs and Among other things, this Act directed to insure that adequate emission stan- the ARB to divide the State into dards were being set and enforcement basins, adopt and implement air qual- practices adhered to at the local ity standards for each basin, adopt level. Legislation in 1970 also directed motor vehicle emission inventory the ARB to administer a $9. 25-million, sources and kinds of pollutants in each three-year, air pollution research basin, and monitor for air pollutants. program; adopt test procedures appli- The ARB was required to determine cable to new motor vehicles manu- the factors responsible for air pollution, factured for sale in California (this has to determine the effects of air pollu- since led to the establishment of a tion on vegetation and human and animal 100-percent assembly line testing pro- life, and to coordinate the efforts in gram by 1973); accredit used motor the State, including assistance to local vehicle pollution control devices for agencies. mandatory installation; establish agri- cultural burning guidelines and review One of the provisions empowered the and revise local district implemen- ARB to regulate emissions from motor tation plans developed in accordance vehicles statewide. This power was with these guidelines; study a state further delineated in the Pure Air Act periodic inspection program for all of 1968, which set minimum standards motor vehicles (this has been completed for emissions from motor vehicles and referred by the Legislature to beginning with 1970 models. Standards interim study); and set emission stan- have since been set by the Board dards for vehicles not previously which through 1974 are more stringent covered. than federal standards. Federal stan- dards, however, are more stringent Legislation enacted in 1971 expanded than those of the State for 1975-76 the ARB's authority to approve and re- models. quire devices for used cars and to deal more effectively with this major uncontrolled source. Legislation was also enacted reducing the ARB's Additional Board Responsibilities membership from 14 to 5 and providing 74 for more specific expertise among its in the South Coast Basin by 140 tons, members. 1971 legislation also or approximately what is being produced authorized the ARB to revoke variances by fossil-fueled power plants in issued by local districts. Los Angeles County. New Motor Vehicles Used Cars The most significant activities of the The last major unregulated source of Board have been with respect to the vehicle air pollution is the 1955-65 control of motor vehicles. The first used car. Emissions from these vehi- controls were for hydrocarbons (HC) cles are virtually uncontrolled except from the crankcase. In 1963 approved for crankcase devices which were crankcase emissions control devices required beginning in 1964 on 1955-62 were required on new automobiles reg- model cars in fourteen counties, istered in California. Control of HC upon transfer of ownership. and carbon monoxide (CO) from the exhaust started with 1966 models. In Prior to this time, the ARB was not 1970 the control of HC from fuel empowered to certify a control device systems began. The control of oxides for 1955-65 automobiles that would of nitrogen (NOX) from exhausts reduce only one of the three (CO, HC, appeared on the 1971 models. and NOX) pollutants. To be approved, a device had to reduce two of the However, as HC was being controlled three. This has inhibited development between 1966 and 1970, NOX (major of controls that could significantly precursor of photochemical oxidant) reduce the smog problem, particularly was rising substantially. Therefore the visible irritants produced by NOX legislation was adopted during the 1971 emissions. Therefore, legislation was session to require every 1966 through enacted during the 1971 session to 1970 model vehicle to be equipped give the ARB more freedom to decide by 1973 with an accredited exhaust if the benefits to be gained by one- emission control device to reduce NOX pollutant control devices is sufficient to approximately pre-1966 levels. to require installation on 1955-65 It is estimated that this will reduce models. Pursuant to this new authority, total daily emissions from all sources the ARB in December of 1971 certified 75 an NOX device for 1955-65 model cars gasoline sold in the South Coast Basin, to be installed upon transfer of owner- during certain time periods, and the ship, pending approval by the ARB volatility of gasoline sold throughout of distribution and marketing plans of the State. During the periods that vapor the applicant. If the experience is pressure is limited in the South Coast good, all such cars will be required to Air Basin, evaporative gasoline losses have the device by 1975. associated with gasoline marketing will be reduced by more than 50 tons per day, and losses from vehicles not Standards, Inspections equipped with evaporative emission control systems are expected to be re- With proper enforcement and testing duced by another 50 tons per day. provisions and with increasingly stringent standards, an overall reduc- tion in hydrocarbon fumes - - from Voluntary Use of Gaseous Fuels all cars, new and old -- of 80 percent by the end of this decade can be To provide an incentive for the use of achieved. However, there remains a low emission fuels, California has major unresolved problem. The 100- removed the 7-cent-per-equivalent- percent assembly line testing of new gallon state fuel tax on liquid petroleum cars by 1973 will be instituted. But and natural gas when such fuels are not yet approved is a mandatory pro- burned in vehicles equipped with conver- gram for periodic inspection of sion systems certified by the ARB. vehicles to insure that the cars and Also, the cost of installing an approved devices are working properly from an conversion system is excluded from air quality standpoint. the market value of the vehicle for pur- poses of determining the vehicle's license fee. These tax exemption pro- Fuel Composition visions will remain in force through 1975. Related to the problem of automobile pollution is fuel composition and Programs which are not moving as well handling. The ARB has adopted regu- are attempts to "get the lead out" of lations to reduce evaporation by gasoline. Not only will such a move limiting the degree of unsaturation of eliminate undesirable contaminants 76 from the air but it will facilitate the improvement can be realized by direc- efficient operation of the more advanced ting the vapor-laden air displaced as smog control devices needed to meet each tank is filled into the tank which future standards. Although the Legis- is filling, through the use of some lature has been unable during the type of vaporized gas recirculation last two sessions to enact legislation system. The vapors would be trans- to curtail the use of lead, such a move ported sequentially from the vehicle has been taken by individual counties tank, to the service station storage and should continue to be pursued. The tank, to the tank truck, and then to the Federal Environmental Protection bulk plant. The vapor received at Agency is also expected to take action the bulk plant would then be reconsti- to limit quantities of lead in gasoline tuted back to gasoline for subsequent nationally. However, it must be remarketing. handled in such a manner as to obviate undesirable side effects. The foregoing scheme is presently required by local districts in the South Coast Air Basin for the filling of tank Gasoline Marketing trucks. These rules and regulations could be extended to the service station The emissions of HC which result storage tanks and to the vehicle tanks. from gasoline tank filling losses (tank Such requirements are estimated to trucks, service station storage tanks, be capable of reducing emission of re- and vehicle tanks) have been reduced active hydrocarbons in the South somewhat during the critical smog Coast Air Basin by over 50 tons per periods by the state's regulation of gas- day. oline volatility. Even further reduc- tions will be realized as a result of recent state legislation requiring the Large-Scale Conversion to Gaseous use of submerged filler pipes or other Fuels approved means for the control of filling losses for gasoline storage tanks The tax incentives currently available installed subsequent to December 31, to encourage the conversion of motor 1970, although this requirement has vehicles to low emission gaseous been in effect in Los Angeles County fuels has already been mentioned. for some time. However, further However, it will have to be greatly 77 accelerated if the full potential of this improvement in air quality is not option is to be realized. Although generally apparent except where year- certain drawbacks to the use of such to-year weather changes have a bearing. fuels (having to do with costs, scarcity While readings for certain elements of supply, limited range of gaseous in one location have gone down, concen- fueled vehicles, the large space re- tration of those same and other ele- quirements of fuel tanks, and the ments might be showing an increase in drastic changes required for marketing other areas. Even assuming that air facilities) have been argued, they are pollution may be on the decrease over- not insurmountable. This is particu- all, measures contemplated to bring larly true in the case of fleet vehicles, about this decrease between now and which consume 30 percent of the the mid-1980's will soon give way gasoline in the South Coast Basin. to growth, and overall emissions will The mandating of the conversion of begin to rise. fleet vehicles over a certain time period could have a significant impact, What has been of even more sobering and should be pursued. It is in fact concern is the relationship between being advocated in the State Implemen- emissions and the basin ambient air tation Plan. The state plan also quality standards adopted by the Air recommends conversion of 1970-73 Resources Board, based on health vehicles upon transfer of ownership preservation. The Board's Technical and provides car owners a choice of Advisory Committee reported in conversion or installation of retrofit November of 1970 that in some in- devices for pre-1966 vehicles. stances the standards designed to as- sure freedom from injury to health cannot be attained by the application of Overriding Problem technical methods available now or in the foreseeable future. Yet our control The discussion of control efforts to effort has been devoted almost entirely this point has centered on measures to technical methods, even though that have been taken with respect ambient air standards based on health to emissions, fuels composition, and can, according to the same report, testing for compliance. The over- "be resolved only by drastic changes riding problem is that with measures in life patterns in the most heavily that have been instituted to date, populated areas.' 78 On the theory that each air basin has Federal Law a limited amount of air in which to dilute its pollutant emissions, when Prior to 1970, federal air quality stan- this limit is reached, the Committee dards were not a significant factor in reported, "further production of pol- California's battle to clean its air, lutants must be stopped by whatever except where waivers had to be obtained means are available not excluding by the State in order to move ahead limitations of population and economic with its own more stringent program. growth within the State. It was for All this changed with the enactment of this reason that the Council's 1971 re- the Clean Air Act of 1970, as amended. port contained recommendations for This Act, referred to also as the the adoption of two concurrent resolu- 1970 Clean Air Amendments, is an tions which the Council classified as exacting federal statute which required "necessary immediate action". One every state to develop an adequate (SCR 78, introduced by Senator air pollution abatement plan by January Peter Behr) would have directed the 30, 1972. The plan must provide for Department of Public Health to conduct the implementation, enforcement, and a study to determine, from a health maintenance of national ambient air standpoint, the natural carrying capac- quality standards as promulgated by ity of the South Coast Basin and the the Administrator of the Environmental San Francisco Bay Area. The other Protection Agency (EPA). These air (SCR 86, introduced by Senator quality standards must be attained Arlen Gregorio) would have directed within three years of the date of approv- the Air Resources Board to conduct al of such a plan, although the intensive studies to determine means Administrator of EPA may, in his of bringing the earliest possible re- discretion, grant an extension of up to lief to the most critical air basins and two years in the time allowed for to determine what long-range con- attainment. tinuing measures are necessary to cope with existing and future air pollution Under final EPA requirements for levels imperiling health. Neither of preparation, adoption, and submittal these resolutions was adopted by the of implementation plans, states must Legislature because of concerns develop a far-reaching control strate- raised by those entities responsible gy for attaining the national primary for carrying out the assignments. air quality standards. "Control 79 strategy" means a combination of endangerment to health. measures designated to achieve the aggregate reduction of emissions The Act provides also that any person necessary for attainment and mainte- may bring a civil action against any nance of a national standard, including, person alleged to be in violation of an but not limited to, land use and trans- emission standard or limitation under portation control measures deemed the Act, or an order of the Adminis- necessary. trator or a state with respect to such a standard or limitation. A person may Regions such as the South Coast Basin also bring suit against the Administra- where existing ambient levels of tor for failure to perform an act which pollutants exceed the levels specified is not discretionary, or to intervene by applicable national standards, must as a matter of right in an action brought develop a plan that will bring about a by the Administrator or a state. real improvement in air quality. Such a plan " shall set forth a control Thus the Clean Air Act of 1970 (as strategy which shall provide for the amended) requires prompt and effective degree of emission reduction necessary action to develop a viable air pollution for attainment and maintenance of abatement plan for the various basins such national standard, including the within the State. If the state and local degree of emission reduction necessary districts do not develop comprehensive to offset emission increases that can plans, the federal government is reasonably be expected to result from empowered to develop such plans. If projected growth of population, in- the Administrator does not act, pri- dustrial activity, motor vehicle traffic, vate citizens and groups can sue to or other factors that may cause or force compliance. contribute to increased emissions. " The Administrator, EPA, may order State Implementation Plan any state to enforce the plan if he finds that the state has failed to act, and Pursuant to the new federal Act, the the Administrator has been given emer- State prepared a proposed Implementa- gency powers to restrain immediately tion Plan for Achieving and Maintaining any person causing or contributing to the National Ambient Air Quality pollution which constitutes a substantial Standards in the State of California -- 80 November 7, 1971. Included with this -- Basin-wide implementation of the package were implementation plans most stringent standards for station- for each of the state's eleven basins, ary sources now in effect in any on which hearings were held throughout district in the State or proposed in the State. Based on these hearings, any given county as part of the basin the ARB issued a State Implementation implementation plans. (In effect, Plan, Revised Control Strategy - this means that, with only two or January 10, 1972. This plan was sub- three exceptions, standards now on mitted to the EPA February 21, 1972. the books or being proposed in Los Angeles County will be the basin-wide In the January 10 revised plan, the ARB standard by a certain prescribed indicates that the national ambient air date. In one case a new standard quality standards for oxidants, 08 was imposed which is not yet appli- parts per million (ppm), can be met in cable anywhere in the State. In an- all of the state's air basin except the other case, a standard now in effect South Coast Basin by 1977. In the in San Diego County will be imposed South Coast Basin, a 18 ppm reading throughout the South Coast Basin.) can, according to the plan, be -- The continued implementation and achieved by 1975, a. 15 ppm reading enforcement of all new motor vehicle by 1977, and a 13 ppm reading by control measures previously men- 1980. However, reaching these levels tioned, including the meeting of the in the South Coast Basin, as well as stringent federal standards for 1975- the national standards in the Bay Area 76 models and 100-percent assembly and San Diego Basins, is based on the line testing. following rather ambitious control The control of used cars in the strategy, for which the ARB must be manner described previously, in- commended: cluding retrofitting all 1955-62 cars with crankcase devices, 1955-65 Basin-wide enforcement of all state- cars with exhaust devices, 1966-70 wide regulations concerning station- cars with exhaust devices for NOX, ary sources. (These include smoke and pre-1970 cars with evaporation regulations, abatement of contin- devices. ued nuisance, and regulation of or- The control of fuel composition as chard heaters, open waste disposal previously discussed, including fires, and agricultural burning.) the use of low lead fuel. 81 -- The control of aircraft recently pre- Necessary Action empted by the federal government. - Mandatory periodic vehicle inspec- Essential long range solutions to air tion and maintenance. quality depend on the comprehensive -- Conversion to gaseous fuels in the land use, transportation, and energy manner previously described, use programs and policies mentioned designed to replace one-third of the in other sections of the report. The gasoline now used in the South recommendations cited below are Coast Basin. necessary in order to bring relief as - Reduction of traffic by 20 percent soon as possible to the state's more through increased use of public critical air basins. transit, car pooling, staggered working hours, reduced work week, and parking limitations in certain Implementation of State Control areas. Strategy Pursuant to the Federal Clean Air Amendments of 1970, the ARB has de- Engines Not Yet Controlled veloped a control strategy aimed at meeting national ambient air quality An additional program still under standards. The measures cited in the development and not yet included as control strategy are ambitious and, part of the state's control strategy if accomplished, will significantly im- is the control of emissions from prove air quality. Some, however, engines of less than 50 cubic inch cannot be implemented without addi- displacement, motorcycles, power tional legislation. The Council and construction equipment, endorses the proposed control strategy recreation vehicles, and stationary and urges the Legislature to act in engines, which together are estimated those areas which are necessary to to use 10 percent of the gasoline the plan but which are not now within consumed statewide. The ARB is the purview of the ARB. presently funding a study to determine the amount of pollution emitted The Council recommends immedi- by these sources and the feasibility ate legislative action on the of controlling them. following measures which are 82 essential to the state's control the use of vapor recirculation strategy: systems. A program of mandatory periodic That some form of emissions tax vehicle inspection, maintenance, as well as other incentives to and repair to insure that required operate low emission automobiles, smog devices are in proper use cleaner fuels, and maintain working order. vehicles at a low emission level be instituted. Such a tax could be A program to expedite the de- administered in conjunction with velopment of evaporative control the proposed mandatory inspection devices for retrofitting 1966-69 program which would be necessary vehicles, and to require the instal- to determine an automobile's lation of such devices at the ear- level of emission. Proceeds from liest date after their approval by the tax would go to finance rapid the ARB. transit and clean air research and to assist lower income individuals A program to phase the lead out of to properly maintain their cars. gasoline to "traces only" by 1977 in a manner that will not raise That the best available means other undesirable emissions. be used to substantially reduce oxides of nitrogen emissions from fossil-fueled power The Council recommends the plants and large industrial following additional measures furnaces using natural gas. De- which will strengthen the state's vices are in use now which control strategy and help speed reduce these emissions by as the reduction in air pollution: much as 50 percent. That steps be taken to control That district hearing boards make vapors emitted in connection with an affirmative finding that the the transferring of gasoline from applicant is making the maximum the tank truck to the service effort to comply with air pollu- station and from the service sta- tion regulations before granting tion to the automobile through renewals of variances. 83 That increased supplies of gas and E/ NOISE low sulphur fuel for the state's critical air basins be obtained and that the proper federal authorities Introduction be made aware of the extreme and critical need for such fuel in The State Department of Public Health, these areas. in "A Report to the 1971 Legislature on the Subject of Noise, Pursuant to That the present tax incentives now Assembly Concurrent Resolution 195, applicable to the purchase of gas- 1970, " indicates that noise can cause eous fuels and the installation of hearing loss, induce physiological conversion kits for the use of gas- stress, interrupt sleep, interfere with eous fuels, which expire in 1975, speech, and generally degrade the be extended to 1980. quality of life. Yet, Dr. Alvin F. Meyer, Jr., Director of the Office of Noise Abatement and Control, Federal Environmental Protection Agency, A Long-Range Strategy states: The above measures, unfortunately, "Noise differs from most other en- can only be viewed as temporary vironmental pollutants in one very solutions in combatting air pollution. important aspect - - the knowl- No combination of remedies will be edge and technology exists now to successful that does not include a control almost every indoor or strong land use program for properly outdoor noise problem. As a guiding, and where necessary, matter of fact, this is one instance limiting growth; a comprehensive where the knowledge of control policy of energy use and conservation techniques exceeds the knowledge aimed at reducing our rate of fuel about effects on human life as and energy consumption; and a well as the environment. " program of balanced transportation aimed at reducing our reliance on Following is a discussion of past and the automobile. It is to this proposed necessary future legislation long-range strategy that a total com- relating to four particular types of mitment must be made. noise problems: air transport (at 84 airports and overflights); motor vehi- program was delayed until December cles; occupational noise; and com- 1, 1972. munity noise. The objective of the statute is to reduce noise exposure at airports and make Air Transport surrounding development compatible with the noise levels specified. This With the advent of the jet age, air statute requires airport operators, transport noise has been added to the under the supervision of the particular long list of environmental woes. county, to define, by actual monitor- As jets have become larger and faster, ing, noise impact boundaries which aircraft noise has become a major delineate the point at which the actual nuisance and a hazard to health. The noise level is equal to the noise level problem is most acute and perhaps allowed for that particular type of paramount in those communities bor- aircraft, for residential areas. The dering major urban airports and community equivalent 10* (integrated) located under flight corridors. noise levels are: 65 decibels (dB), A-weighted (A) for new airports and vacated military airports being con- Airport and Aircraft Noise Regulations verted to civilian use; 70 dB(A) for existing civilian airports until In 1969, AB 645 (Public Utilities Code, December 31, 1985, after which it Article 3, Chapter 4, Part 1, Divi- sion 9) became law and directed the State Department of Aeronautics to adopt noise standards by which the operation of aircraft and aircraft en- gines at California airports could be regulated. These regulations were drawn up and adopted by the Department in final form on November 28, 1970, 10* Community Noise Equivalent and were to go into effect December 1, Level (CNEL) -- Composite scale de- 1971; however, as provided by AB 1608 signed to account for the noise of in- (Chapter 1734, Statutes of 1971) the dividual flights as well as the number effective date of portions of the and percentage that occur at night. 85 would drop to 65 dB(A); 80 dB(A) for the proceeds to be used for air- commercial airports with at least craft noise abatement and neces- 25, 000 annual air carrier operations, sary land acquisition, preferably dropping to 75 dB(A) on January 1, in the area where the tax is 1976, 70 dB(A) on January 1, 1981, collected. and 65 dB(A) on January 1, 1986. Airport Land Use Commissions The Funding of Corrective Action Land use planning, perhaps the most It will be the responsibility of the effective tool for controlling the impact operators of the airport to take what- of aircraft noise, was further enunci- ever corrective action is necessary ated in AB 2357 (Chapter 1085, Statutes to diminish the noise impact on people of 1971). This legislation provides residing within the noise impact that all land in the vicinity of new air- boundary, or remove from within the ports, and existing airports where boundary any existing residential incompatible uses have not already uses, including single-family and been established, be zoned for compat- multi-family dwellings, trailer parks, ible uses, based on the above men- and schools of standard construction. tioned noise regulations. Such action Those uses that may be permitted has been made the function of county- within the noise impact boundary have wide airport land use commissions. been determined to be agricultural, These commissions, consisting of open space, industrial, commercial, elected city and county officials, air- and high-rise apartments meeting port managers, and representatives of certain standards for exterior noise. the public at large, in effect have Taking the necessary corrective been given the responsibility for con- action, particularly in the area of land trolling land use on vacant land in the acquisition, in some cases will be a vicinity of airports, superseding the very costly venture and one that should authority of other local governmental be borne primarily by the "skyway" entities. user. The Council recommends the im- Other Airport Development position of an aviation fuel tax, Considerations 86 Another significant step in the control 1971) prohibits landing and take-off of airport development was SB 1108 within the State (except in emergency (Chapter 1293, Statutes of 1970 -- situations) of any new private or Public Utilities Code, Sections 21664- commercial aircraft which produces 21666), sponsored by the Council. noise in excess of designated federal This legislation requires the Depart- certification limits for subsonic jet ment of Aeronautics to take into transport aircraft. account such environmental factors as noise, air pollution, and the traffic The State Department of Education and burden on the surrounding area, in the State College Trustees were di- evaluating applications for permits for rected by 1961 legislation (Education new airports or vacated military Code, Sections 15005-15005. 6) to airports being converted to civilian investigate all proposed acquisition of use. Before approving such permits, lands for school and state college use the Department must find that the within two miles of an airport. It advantages to the public outweigh the is the opinion of the Council's scien- disadvantages to the environment. tific Advisory Group on Noise that this Still needing further attention, however, distance should be increased to eight is the question of airport expansions. miles. The Council recommends that The Council recommends that the regulations or legislation be adopt- Department of Education and the ed which would apply the same State College Trustees be directed permit requirements and proce- to investigate all proposed ac- dures to airport expansions as quisition of lands for school and now exist for the construction of state college use within eight new airports. Such procedures miles in each direction along the include provisions for holding flight corridor of an existing or of hearings and require that all proposed airport, and report their environmental considerations be findings to the Legislature on taken into account. February 1, 1973. Further steps were taken by the 1971 Legislature to curb aircraft noise. AB 1054 (Chapter 1770, Statutes of Motor Vehicles 87 Two major revisions of the California -- AB 2342, Chapter 1816, requires Vehicle Code, adopted in 1970, pro- identification plate to be issued by vide for the lowering of vehicle noise Department of Motor Vehicles level limits. The first specified noise for all off-highway vehicles not sub- level limits for motor vehicles under ject to registration, with fees de- any condition of grade, load, acceler- rived therefrom to be divided ation, and deceleration (Section 23130). between the State Department of The second made it unlawful to offer Parks and Recreation and local for sale a motor vehicle which pro- governments for funding of recre- duces noice exceeding the specified ational areas for use of such vehi- maximum level limits (Section 27160). cles, and prohibits such vehicles In 1971 the following additional mea- from highways. sures were enacted, designed to - - AB 1043, Chapter 1197, requires reduce noise emissions from this Department of California Highway source: Patrol to adopt regulations setting noise standards for pneumatic -- AB 1044, Chapter 1444, lowers tires. vehicle noise limits (new vehicles) -- AB 1003, Chapter 503, makes it to maximum of 70 dB(A) after 1987. illegal to operate a vehicle with ex- -- AB 1045, Chapter 1256, and AB haust system modified to amplify 1865, Chapter 1261, revise limits noise. for on-the-road vehicles; extend test procedures to residential areas Even with the progressive legislation of urban cities. cited above, there are still and will -- AB 1046, Chapter 1769, requires continue to be many unusually noisy study by the Department of Califor- vehicles on California's highways, nia Highway Patrol and adoption particularly heavy duty diesel trucks, of regulations setting standards for which could be significantly quieted certification of vehicular exhaust simply by installing better mufflers. systems. Additional effort is needed in this area -- AB 519, Chapter 714; AB 2365, to bring some of these noisier vehi- Chapter 735; and SB 1012, Chapter cles down to acceptable noise levels. 952, extend control of vehicular exhaust systems to off-highway vehicles. Additional Enforcement 88 There is a great deal of noise created thereof, such that the average A- by passenger cars and motocycles weighted noise level contour does with obviously modified or defective not exceed 60 dB(A) and maximum exhaust systems which are in violation levels do not exceed 70 db(A) at of existing laws. As a general rule, the boundary of any residential these vehicles are easily identified zoning. without expensive noise measurement devices, and increased enforcement against such violators by local author- Occupational Noise ities could not help but improve the situation. In 1964 the U. S. Department of Labor held public hearings on the proposed revision of the Walsh-Healey Public Freeways and Highways Contracts Act. At that time an overall limit of noise level of 85 dB(A) was Every effort must be made to reduce recommended. Since persons most noise levels at the source. However, likely to suffer hearing loss are those the aggregate of noise produced by subjected to extreme noise intensities many individual sources creates a over prolonged periods, the revised major noise problem on our heavily noise level limits adopted in 1970 travelled roadways. Whenever possi- were graded in accordance with the ble, freeways and highways should duration of exposure to noise from 90 be isolated from residences and dB(A) for eight hours to 115 dB(A) schools by noise attenuation barriers, for one-fourth hour. California has right-of-way design, or by a distance adopted the same limits, which are sufficient for the lowering of the written into the General Industrial noise level to acceptable limits. Safety Orders (Article 55), with a pro- vision requiring that personal pro- The Council recommends that tection equipment be worn when levels alternatives for the determination exceed those stipulated. of allowable residence proximity to freeways be established. These In reviewing these regulations, con- should be: (1) a 500-foot buffer sideration must be given to a number zone; or (2) a depressed freeway of important factors to obtain a better or barrier, or combination understanding of the actual 89 physiological response to noise. One it is felt that this level is a necessary major fact was expressed in the 1970 compromise and will have a much report of the State Department of better chance of passage in the 1972 Public Health to the Legislature, which Legislative Session. It should be noted stated that the standards pro- that this level (85 dB(A) for an eight- vide only incidental and limited protec- hour day) was originally recommended tion for hearing frequencies above in 1957 by the Subcommittee on Noise 2, 000 cycles per second, which is of the Committee on Hearing, American essential to some attributes of life Academy of Ophthalmology and Otolar- other than understanding speech. 11 The yngology, in reference to the national Department therefore recommended occupational noise standards. that the Legislature "set the basic cri- terion for occupational noise exposure at 75 dB(A), and make this level Community Noise mandatory for all industry by January 1, 1980. " AB 2356, to implement In its first progress report (1970) the this recommendation, failed passage Council noted the problem of "com- in the 1971 session. munity noise" and the need for a state- wide building code that would insure The Council recommends that a measure of privacy and quiet in multi- legislation be introduced to reduce family dwellings. Steps that have been the values in the General Industrial taken since have unfortunately not Safety Orders to a maximum obviated the need for further action at occupational noise level of 85 the state level. dB(A) for an eight-hour day, by 1977, using a table of increased AB 2300 (Chapter 1436, Statutes of noise levels for less than eight 1970) requires that all building code hours of exposure, similar to the changes made by California code present Federal Occupational authorities conform to the Uniform Safety and Health Act of 1970 Noise Building Code (UBC). Regrettably, the Exposure Limit Table. UBC is mute not only on standards for sound and impact noise transmis- Although the recommendation of the sion between dwelling units in Group H State Department of Public Health's and I occupancies, 11* but also on Advisory Committee on Noise is sound, standards for interior noise levels 90 arising principally from heating, ven- has published a Model Noise Ordi- tilating, and air conditioning equipment. nance for dealing with community noise. Although the International Conference However, judging by the number of of Building Officials (ICBO) recently cities that have moved in this direction, developed such regulations, since they it may be some time before very many will be in the appendix and not the people will be living in communitites body of the UBC, their application is covered by this type of legislation. not mandatory. In addition, the pro- There is also some concern that the posed sound control regulations are League Model, in its present form, inadequate in that the degree of sound will more nearly have the effect of in- isolation is too low, and the reference creasing rather than reducing com- standard is based on laboratory test munity noise. Since the Legislature has results rather than on actual field now scheduled the decrease of motor performance. vehicle noise, presently in most places the pervading source of community The Council recommends that the noise, it is necessary that local juris- Health and Safety Code be amended dictions be required to institute meaning- to require that all code jurisdic- ful noise control legislation as well. tions in California add a section on airborne noise and impact sound isolation in Group H and I occupan- 11* Group H - Hotels, apartments, cies, based on a field performance convents, and monasteries; Group I - standard which shall be no less Dwelling and lodging houses. than the Federal Housing Adminis- tration's recommended criteria, 12* Grade III in Tables 10-2 and 10-3 12* as well as a section to the of the HUD publication, "Guide to mechanical code setting a maximum Airborne, Impact, and Structure Borne noise level limit for interior noise Noise Control in Multi-Family Dwell- in any dwelling unit, arising from ings", FT/TS-24, January 1968. heating, ventilating, or air con- 13* Not to be greater than that corre- ditioning equipment, or re-radiated sponding to the octave band levels of noise from fluid flowing in piping. a preferred noise criterion curve of 31, 13* or, for enforcement purposes, its equivalent A-weighted sound level of The League of California Cities 40 dB(A). 91 The Council recommends that each to identify the types of buildings city and county be required to which come under the bill's juris- enact an ordinance setting fixed diction as "single and multi- noise level limits, 14* establish- family dwelling units, motels, ing criteria for considering noise hotels, and other residential build- in connection with zoning changes, ings. " and establishing quiet zones within certain park areas. Equipment, Machinery, and Appliances Two bills were introduced during 1971 which dealt with community noise. Legislation (SB 689) was passed during SB 691 (Chapter 775, Statutes of 1971) the last session, aimed at controlling requires city and county general plans noise from various types of equipment, to contain noise elements associated machinery, and appliances. Since with transportation elements. This Act this measure was vetoed, it remains a will allow for better understanding significant category of yet uncontrolled of community noise problems at a state noise sources. level and could lead to improved plan- ning of air and motor vehicle transpor- tation systems. The second bill, SB 692, which would have required the adoption of rules and regulations re- lating to minimum standards of noise insulation of new buildings designed or intended for human habitation, was vetoed by the Governor on December 1, 1971. 14* Based on a community noise The Council recommends that the survey conducted in accordance with basic provisions of SB 692, re- the standards established by the quiring the adoption of rules and American National Standards Institute regulations relating to noise (ANSI). Such limits shall not exceed insulation for buildings intended the 50th percentile A-weighted sound for human occupancy, be reintro- level for each time of day in each duced in 1972, and be changed appropriate zone or area. 92 The Council recommends that results are critically dependent on noise standards be set for con- many small details of construction. struction equipment, office ma- This makes the building mechanic the chinery, and appliances con- key man in building processes, along sistent with technological and with the foreman, inspector, and economic feasibility and product plan checker. The latter must be able utility, and that the appropriate to recognize adequate, or inadequate, state agency be given the authority design, and the others must be able to to certify, or refuse certification execute adequate design properly. of, those products for sale in the State. The Council recommends that sufficient funds be made available to the University and State Colleges Education to establish and maintain a curric- ulum in environmentally-related To a large degree our environment is acoustics and noise control engi- shaped by architects and planners - neering; and further, that the State SO much so that we have established encourage and promote the up- "Schools of Environmental Design". grading of skill and knowledge Yet it is a regrettable fact that gradu- among architects, engineers, and ates of curricula can and do complete the appropriate segments of the their studies without the slightest building trades through increasing exposure to one course in acoustics -- professional standards and by even at the several campuses of the supporting on-the-job programs. University of California. In the quest for quiet and privacy in One immediate step in this direction multi-family dwellings, there is a could be to complete the acoustical great need to train working level laboratory at the University of Califor- people in the building industry in the nia at Los Angeles and make it a fundamentals of building noise control. joint facility between the Department While building code requirements are or Physics and the School of Engineer- necessary to establish minimum ing and Applied Science, with the pro- performance standards, it is unfortu- vision for sufficient funds to properly nate that in noise control, the equip the laboratory. 93 The cost of noise abatement is nominal State to bear on the problem in the when compared to the effects noise magnitude and to the degree that it has on human life. Noise may adverse- deserves. ly affect or interfere with the normal speech range, the physiology of hearing, the ability to sleep comfortably, and F/ OTHER ENVIRONMENTAL ISSUES the psychological stability of a person subjected to intense noise. Further- Specific recommendations on water more, disease other than loss of hear- resources, solid waste, pesticides, and ing may be linked to noise, including assessment practices, and other un- heart attack and duodenal ulcers. resolved environmental issues are pending further Council hearings and Noise is as deadly and pervading a study and will be the subject of in- threat to the health of the citizens of dividual reports to be submitted prior this State as sulphur in the air or to June 30, 1972. untreated sewage in our waters. Be- cause it is invisible, of relatively While the Council decided that the short, albeit continuous duration, and question of campaign financing is not moves swiftly across governmental within the scope of its legislative boundaries (indeed, with the speed of charge, some members felt that it is sound), noise has not received the at the heart of many environmental attention given other more apparent problems and represents one of the forms of pollution. It may, however, most significant obstacles to the enact- prove to be a bigger menace to the ment of effective measures in this environmental well-being of our citizens field. than any of these other forms. We must look forward not only in the preventive areas as set forth in this report, but also in the area of further research to more clearly ascertain the effects of noise. Only when its full impact as a health deterrent is known will it be possible to bring the full political and financial support of this 94 OSÒA IV/ COUNCIL ACTIVITIES IV COUNCIL ACTIVITIES In its attempt to respond to the charge hearings, numerous committee meet- given it by the 1968 Legislature, the ings and work and study sessions. State Environmental Quality Study Whenever and wherever the need was Council has conducted a rather ambi- demonstrated, the Council has held tious program of meetings, public on-site hearings on specific problems hearings, study sessions, and com- with statewide implications. mittee meetings throughout the State. Because of the limited time and staff One of the most important efforts dur- available, the Council has attempted to ing the year was the active support utilize the expertise SO generously of legislation introduced to implement provided by governmental agencies, the Council's February 1971 recom- the private sector, and citizens mendation to create a State Environ- organizations. All of these sources mental Quality Board. Much time and aided immeasurably in the Council's energy on the part of both the Council efforts to develop a comprehensive members and the staff was expended in plan to deal with the state's environ- working with legislators and others mental problems. in attempting to bring about passage of this important legislation. The Council's 1970 and 1971 progress reports describe in detail the activities and actions which took place during Council Hearings its first two years of operation. This section relates those activities which Nuclear Energy The Council's first occurred during the past year and 1971 public hearing was held in how they have contributed to the find- Sacramento on January 21, on nuclear ings and recommendations of this energy. At this hearing testimony report. dealt with such matters as: the federal role in nuclear energy; California's power requirements; alternative power The Council's Third Year sources; plant siting; radiation; thermal effects; and the state's regula- During 1971 the Council continued its tory role. From this testimony it studies of California's environmental was apparent that the basic power prob- problems, holding six regular public lem facing California is one of supplying hearings, two combination meetings and the ever-increasing power demand in 95 a manner compatible with the preserva- on April 16. Testimony was heard on tion of the state's environment. the impact of transportation facilities, water conservation and development, Coastline Management -- On February forest management, recreational 18 the Council held a hearing at subdivisions, and economic develop- Santa Cruz, on coastline management ment in this part of the State. The and power plant siting. The purpose Council felt that if some of the basic of this hearing was to explore current development problems could be re- policies, standards, and criteria solved now, while the area is compara- and those that should be instituted to tively undeveloped and sparsely popu- guide both public and private actions lated, perhaps many of the environ- in these areas of regional and state- mental consequences which have re- wide interest. sulted from poorly planned development elsewhere could be avoided. In addition to exploring the general problems related to the California Airport Expansion - - On April 29, the coastline, the Council considered cri- Council held a hearing in San Jose teria utilized in determining the lo- to consider the impact of the proposed cations of such specialized facilities expansion of the San Jose airport on as nuclear power plants. The Council adjacent areas. Testimony was heard heard testimony from experts in the from expert witnesses on land use, fields of land use, power development, noise abatement, and air quality; and coastline management, geology, and recommendations received on legisla- seismic safety. This hearing brought tive and administrative actions neces- into clear focus the present problems sary to protect, manage, and improve associated with coastline protection environmental quality in such a and development and the need for a situation. better coastline management system at the state and regional levels. Following the hearing the Council adopted Resolution 71-1, urging the Environmental and Economic Problems City of San Jose to curtail all planning, of the North Coast -- Because of the acquisition, or construction activi- unique nature and the special problems ties connected with the proposed ex- of California's north coastal region, pansion until such time as an adequate the Council held a hearing in Eureka environmental impact statement is 96 submitted and studies presently being the top. It was feared that the pro- conducted by the Association of Bay posed routing would obliterate a road Area Governments relative to air of scenic value, threaten a grove of transportation needs for the entire unique Bishop Pine, and have other un- San Francisco Bay Area are completed. desirable environmental effects. Environmental Problems of the South Another problem brought before the Central Coastal Area - - The Council Council in this meeting concerned a held its monthly meeting in Santa proposal to mine rock phosphate in the Barbara on July 22, devoting the Los Padres National Forest. Oppo- morning session to regular agenda nents of the proposal contended that the items, and the afternoon to discussion massive earth-moving effort, which with interested citizens and public would require the mine and plant to officials of several environmental operate 24 hours per day, 7 days a issues of the South Central Coastal week, would increase runoff, result in Area. The first was a proposed urban erosion and silting, destroy plant development in the Las Posas Valley, life, and create excessive noise. They in Ventura County, which is the were further concerned the California second largest producer of leaf veg- Condor flyway would be adversely etable specialty crops in Southern affected; and that three existing camp- California. Witnesses indicated that sites, a trail, the springs, and the the proposed development will not only water supply would be destroyed. take much prime agricultural land out of production, but also the in- Following the Santa Barbara session, creased vehicular traffic with its re- the Council adopted three resolutions. sultant air pollution will seriously Resolution 71-2 dealt with the pro- threaten the remaining leaf vegetable posed mining operation within the Los crops and citrus groves in the valley. Padres National Forest. Because of the possible adverse environmental The second problem concerned the en- impact, the Council urged the De- vironmental impact of a proposed partment of Interior to postpone issu- freeway near the City of Lompoc, ance of a lease until such time as which would require a cut at the sum- the applicant could demonstrate a need mit, 187 feet deep, 134 feet wide at for production of phosphate and until road level, and 600 to 700 feet wide at the Department could determine the 97 magnitude of environmental costs reports, could make a specific finding associated with the proposed mining that the benefit to the general public activity. would outweigh the apparent environ- mental and aesthetic disadvantages. Resolution 71-3 requested the County of Ventura to delay the development of prime agricultural lands in the Geothermal Development -- On August Las Posas Valley until: (1) all other 19, in conjunction with its regular appropriate areas have been urbanized; monthly meeting, the Council held a and (2) the Ventura County Air Pollu- hearing in Lakeport, on the environ- tion Control District plan for achiev- mental implications of geothermal ing air quality has been approved. The development proposed for Lake County. Council also urged the State College Testimony was heard on the types of Board of Trustees to abandon plans geothermal reservoirs, the geothermal for a state college on prime agricul- energy potential, associated environ- tural lands in western Las Posas mental problems, types of pollutants, Valley. and means of control. While geother- mal energy is considered to be rela- Resolution 71-4 requested the Board tively clean, without proper controls of Supervisors of Santa Barbara County there can be problems of air, water, and the State Highway Commission and noise pollution, as well as un- to delay any final decision on approval pleasant odors and unsightly scars on of the proposed Harris Grade Freeway the landscape. Although the geother- until: (1) the Division of High ways mal resource is being developed by could present an environmental impact the private sector, the State does have report that included quantitative data an interest and has regulatory powers regarding the environmental effect on through the Division of Oil and Gas, the Lompoc area; (2) a report on the Department of Conservation. effect of the freeway on the environ- mental element of the Lompoc area by This and other hearings have demon- Hancock Junior College was com- strated the need to expand the defini- pleted and reviewed; and (3) the Board tion of the term "project" for purposes of Supervisors and the Highway of environmental impact statements Commission had carefully evaluated under Section 21000 of the Public the above reports and, based on said Resources Code. 98 Sonoma-Marin Aqueduct - On October of the state's Implementation Plan 27, the Council held a hearing in San recently submitted to the Federal En- Rafael on the proposed Sonoma-Marin vironmental Protection Agency. Aqueduct. Citizens in the area, particularly in Marin County, had been Energy Use -- The Council's last hear- questioning many environmental as- ing in 1971 was held in Los Angeles pects of the project. Foremost seemed on December 17, and dealt with the to be whether the project was based vital matter of energy use. This hear- on a comprehensive land use plan or ing was broadly based to cover the rather would it predetermine thekind subjects of electric power consumption, of development that would occur and what factors contribute to the present thereby influence the final plan. eight percent annual increase in energy Since then, voters in Marin County use, and what measures, such as have voted decisively against the ex- building design, life style, rate struc- tension of the aqueduct into that ture, etc., might reduce energy County. demand. Witnesses included experts from the academic field, conservation Air Quality in Riverside - The groups, the power industry, and Council's Air Quality Committee held others concerned with the total energy a study session in Riverside on Novem- situation. ber 9, to again consider the serious air pollution problems in that area. Following this hearing the Council Testimony presented by many in atten- adopted Resolution 71-5, requesting dance suggested that the situation has public officials in the South Coastal grown worse since the committee's Basin to adopt policies that will curtail meeting of the year before. Following importing power if it is to mean ex- this session, the Air Quality Committee porting pollution to other areas. recommended to the Governor and to each Mayor, City Council, and County Board of Supervisors in the South Proposed Remaining Activities Coastal Basin that all motor vehicles in the basin be converted, over the During 1972, the Council will continue next five years, to run on either natu- to explore environmental issues ral gas or propane. Such an approach throughout the State and to search for has since been incorporated as part solutions. Another concerted effort 99 will be made to develop legislation to means for generating information. create a State Environmental Quality Both theory and study of a 'study' Board. The Council recognizes that council suggest that ombudsman governmental organization alone is not and advocate could serve as a panacea for all our environmental valuable environmental watchdogs. ills, but believes that the proper kind More important, these institu- of organization is essential to the tions could help make citizens the more comprehensive approach so badly most effective watchdogs of all. " needed. 15* The Council plans hearings in 1972 on: The Council is not funded beyond the assessment and other tax policies current fiscal year. It is our earnest and practices affecting land use; water hope that the concept of citizen par- resources: and solid waste manage- ticipation in the effort to better our ment. Supplementary reports of find- environment will not be abandoned, but ings and recommendations will be perpetuated in the Environmental submitted to the Governor and the Quality Citizens Council proposed Legislature on these subjects. herein. The Council's Role In the course of its activities, the Council has served as both an environ- mental ombudsman and an environ- mental advocate. Eschewing self- evaluation, the Council quotes James E. Krier, Professor of Law, University of California at Los Angeles. "EQSC served as a catalyst, an agent that helped interests to 15* "Environmental Watchdogs: Some coalesce. It was a focal point, a Lessons from a 'Study' Council, lever, a source of advice, en- Stanford Law Review, Volume 23, couragement, and support, and a No. 4, April 1971, pg 675. 100 V/ APPENDICES **** i APPENDIX A / SCHEDULE OF COUNCIL AND COMMITTEE ACTIVITIES, 1971 Date Activity Location January 7 Twentieth Regular EQSC Meeting Sacramento January 21 Public Hearing -- Nuclear Energy Sacramento February 18 Public Hearing -- Coastline Manage- ment; Power Plant Siting Problems Santa Cruz February 25 Twenty-first Regular EQSC Meeting; San Francisco Session with Community and Conservation Leaders re EQSC Legislative Proposals March 18 Twenty-second Regular EQSC Meeting Sacramento April 16 Public Hearing -- Problems and Eureka Issues of North Coastal Region April 29 Public Hearing -- Airport Expansion San Jose May 27 Twenty-third Regular EQSC Meeting Sacramento June 24 Twenty-fourth Regular EQSC Meeting Sacramento July 22 Twenty-fifth Regular EQSC Meeting; Santa Barbara Session re Environmental Problems of the South Coastal Area August 18 Tour of the Geysers, Sonoma County Lakeport and August 19 Twenty-sixth Regular EQSC Meeting; vicinity Session re Geothermal Development September 8 Meeting, Scientific Advisory Group Los Angeles on Noise September 22 Meeting, Scientific Advisory Group Berkeley on Noise October 7 Twenty-seventh Regular EQSC Meeting Sacramento October 27 Public Hearing -- Sonoma - Marin San Rafael Aqueduct November 9 Meeting, Air Quality Committee Riverside November 10 Meeting, Scientific Advisory Group Los Angeles on Noise December 9 Twenty-eighth Regular EQSC Meeting Sacramento December 17 Public Hearing -- Energy Use Los Angeles December 28 Meeting, Water Resources Committee Sacramento A-1 APPENDIX B / PUBLIC HEARINGS NUCLEAR ENERGY Date: January 21, 1971 Place: Sacramento Participants Honorable James T. Ramey, Commissioner, U.S. Atomic Energy Commission Dr. Robert Rex, Director of Geothermal Resources Project, University of California, Riverside Mr. David E. Pesonen, Executive Secretary, Northern California Association to Preserve Bodega Head and Harbor Mr. Walter L. Cavagnaro, Chief Electrical Engineer, Utilities Division, State Public Utilities Commission Mr. W.B. Murray, Vice President, Business Development, Atomics International Division of North American Rockwell Mr. B.W. Shackelford, Chief Civil Engineer, Pacific Gas and Electric Company Dr. Charles A. Washburn, Professor of Mechanical Engineering, Sacramento State College Dr. Arthur F. Tamplin, Lawrence Radiation Laboratory, Livermore Dr. Harvey Amster, Nuclear Engineering Department, University of California, Berkeley Mr. Alexander Grendon, Biophysicist; Consultant Dr. Don Erman, Professor of Wildlife Fisheries, University of California, Berkeley Dr. Wheeler North, Marine Biologist, California Institute of Technology Dr. Everett D. Howe, Professor Emeritus Dr. Simon Kinsman, Chief, Bureau of Radiological Health, State Department of Public Health Donald E. Watson, M.D., Chairman, Clean Air Coordinating Committee COASTLINE MANAGEMENT Date: February 18, 1971 Place: Santa Cruz Participants Mr. Harold D. Bissell, Program Manager, Comprehensive Ocean Area Plan, State Department of Navigation and Ocean Development Dr. Charles Washburn, Professor of Mechanical Engineering, Sacramento State College Mrs. Celia Von der Muhll, California Coastal Alliance Mr. Louis B. Muhly, Planning Consultant, University of California, Santa Cruz Mr. B.W. Shackelford, Chief Civil Engineer, Pacific Gas and Electric Company Mr. Ryland E. Kelly, President, Hare, Brewer and Kelly, Inc. Mr. Sidney Liebes, Professor of Physics, Stanford University Mr. Carl M. Wentworth, Jr., Research Geologist, U.S. Geological Survey Mr. Gary Griggs, Assistant Professor of Earth Sciences, University of California, Santa Cruz B-1 PROBLEMS AND ISSUES OF Date: April 16, 1971 NORTH COASTAL REGION Place: Eureka Participants Honorable Gilbert S. Trood, Mayor of Eureka Mr. Jack Civil, Director of Planning, City of Eureka Honorable Raymond Peart, Supervisor, County of Humboldt Mr. H.G. Larsen, District Engineer, District 1, State Division of Highways Mr. C. Raymond Hudson, Environmental Quality Coalition, Redwood Valley Mr. David Van de Mark, Consultant to Sierra Club, Trinidad Mrs. Virginia Hechtman, California Coastal Alliance Mr. Dwight O'Dell, Executive Board, Humboldt County; Eel River Water Council Mr. John H. Grobey, Department of Economics, Humboldt State College Mr. Michael W. Johnston, Publisher, Eureka-Times Standard Dr. W.F. Murison, Dean of Public Services, Humboldt State College Mr. John Yarnell, Humboldt Bay Ecological Society Mrs. Nancy Hilfiker, President, League of Women Voters, Eureka Mr. Glenn E. Delisle, State Department of Fish and Game Mr. William Van Fleet, Architect, Eureka Mr. Albert Rasmussen, Humboldt Bay Ecological Society Mrs. Jacqueline Casson, Economist, Humboldt State College Mr. Gary Smith, Humboldt State College AIRPORT EXPANSION Date: April 29, 1971 Place: San Jose Participants Honorable Norman Y. Mineta, Mayor-elect, City of San Jose Mr. James Nissen, Manager, San Jose Municipal Airport Mr. Walter Gifillan, Study Director, Bay Area Study of Aviation Requirements Mr. Don Woodside, Manager for Economic Development, Association of Metropolitan San Jose Dr. Kenneth Hayes, Save Our Valley Action Committee Mr. Carl Hand, Federal Aviation Administration Mr. Eberhard Thiele, San Jose State College; Executive Director, United New Conservationists Mr. Jerome Smith, Vice Chairman, Planning Policy Committee of Santa Clara County Mr. Daniel Kane, Attorney at Law, San Francisco Mr. C.E. Schmale, Assistant Superintendent of Schools, San Jose Unified School District Mr. Victor Calvo, Chairman, Bay Area Air Pollution Control District Mr. Richard Dyer, State Department of Aeronautics Captain Herbert Sherman, Airline Pilots Association Mrs. Janet Grey Hayes, Councilman-elect, City of San Jose Mrs. Edith Braley, League of Women Voters Mr. Godfrey Baumgartner, United Taxpayers Mr. Robert L. Gray B-2 SONOMA-MARIN AQUEDUCT Date: October 27, 1971 Place: San Rafael Participants Mr. Gordon Miller, Chief Engineer, Sonoma County Flood Control and Water Conservation District Mr. William R. Seeger, General Manager and Chief Engineer, Marin Municipal Water District Mr. Robert Nicholson, Assistant Planning Director, Sonoma County Mr. Sol Silver, Acting Chief, Advance Planning, Marin County Mr. Tom Thorner, Marin Alternative Mr. Rex Silvernail, Chairman, Citizens Committee for Measure "B" Mr. Harold Gregg, President, Marin Conservation League Mr. Eugene Huggins, U.S. Army Corps of Engineers, San Francisco District Mr. Patrick Hefferman, Marin Alternative Honorable Skip Stewart, Coucilman, City of San Anselmo Dr. John Lee, Marin County (Environmental Health Committee of County Medical Society) Mesdames Iva Warner, Helen Libeu, and Virginia Hechtman, and Dr. Brad Lundborg, Sonoma County Coalition Messrs. Fred Smith, William Kortum, Richard Lee, and Trent, unscheduled participants from the audience ENERGY USE Date: December 17, 1971 Place: Los Angeles Participants Drs. Lester Lees, E.J. List, and Jerome Weingart, Environmental Quality Laboratory, California Institute of Technology Mr. David J. Fogarty, Vice President in Charge of Electric Systems and Environmental Planning, Southern California Edison Company Mr. James Hopper, Black Mesa Fund, Santa Fe, New Mexico Mrs. Miriam Crawford, Navajo Tribe, "Four Corners" Area Dr. Michael Williams, New Mexico State Environmental Council Mr. Larry Moss, Southern California Representative, Sierra Club Honorable Thomas Bradley, Councilman, City of Los Angeles Dr. James N. Pitts, Jr., Statewide Air Research Center, University of California, Riverside Mr. Ralph Knowles, School of Architecture, University of Southern California Dr. Ronald Doctor and Mr. Deane N. Morris, The Rand Corporation Mr. William Cole, Vice President, Gas Supply Department, Pacific Lighting Service Company Mr. William Sells, Assistant Chief, Electrical Engineering, Los Angeles Department of Water and Power B-3 APPENDIX C / SPECIAL MEETINGS AND STUDY SESSIONS EQSC LEGISLATIVE PROPOSAL Date: February 25, 1971 Place: San Francisco Participants Mr. Larry Bryan Mrs. Ruth Church Gupta Zero Population Growth California Federation of Mr. James D. Somers Business and Professional Stamp Out Smog, Orange County Women's Club Dr. Donald E. Watson, and Mr. William Roberts Mr. C. William Moore Tuberculosis and Respiratory Clean Air Coordinating Diseases Association Committee, Livermore Dr. Robert Girard Mr. Daniel Jones Santa Clara County Committee on Clean Air Now, Riverside Open Space and the Environment Mr. Wayne M. Swan Mrs. Janet K. Adams, and American Institute of Planners Mr. William W. Schultz Mrs. Grant B. Mursch California Coastal Alliance League of Women Voters, Mrs. Leona Egeland Bay Area Environmental Task Force Mrs. Ann Cotman Mrs. Suzanne Kuehl Friends of Newport Bay American Association of Mrs. Claire Dedrick University Women Peninsula Conservation Center Mr. Roger Sperling Mrs. Dorothy W. Erskine University of California, Berkeley Open Space Action Mr. Jon Livingston Mr. Gerald W. Gleason Mr. Dan Rosenberg, Planning and Conservation Mr. Lowell Smith, and League Mr. John H. Zierold Mr. Anthony Anderson Sierra Club Group Against Smog Pollution Mr. Ralph McGill (GASP) California Refuse Removal Council ENVIRONMENTAL PROBLEMS OF THE Date: July 22, 1971 SOUTH CENTRAL COASTAL AREA Place: Santa Barbara Participants Mr. Richard Bozung (re Las Mrs. Patricia D. Weinberger, Posas Valley Development) Environmental Coalition Mrs. Arnetta Crossman, PLUS Mrs. Ann Van Tyne, (re Harris Grade Freeway) Mr. Fred Eissler, Sierra Club; and Miss Eileen Kadesh, Ecology Mr. Robert Easton, Santa Barbara Action, UC, Santa Barbara Trails Advisory Committee (re recycling of solid waste) (re phosphate mining in Mr. E.D. Marshall (re proposal Los Padres National Forest) to build oil tanker unloading Mr. Thomas R. Mitchell (re environ- facility off Ormand Beach) mental problems, Goleta airport) C-1 ENVIRONMENTAL IMPLICATIONS OF Date: August 19, 1971 GEOTHERMAL DEVELOPMENT Place: Lakeport Participants Honorable Junior C. Wilds Mrs. Carol White Chairman, Lake County Board Chairman, of Supervisors Lakeport County Geothermal Mr. David N. Anderson, Control Council Supervisor of Geothermal Dr. John A. Brookes, Biology Operations, Division of Oil Department, San Diego State and Gas, State Department College of Conservation Dr. Carel Otte Dr. Robert W. Rex, Director, Manager, Geothermal Resources Project Geothermal Division University of California, Union Oil Company Riverside Mr. Harry W. Falk, Jr., Dr. John T. O'Rourke, Vice President Engineering Geologist Magma Power Company AIR QUALITY COMMITTEE MEETING Date: November 9, 1971 Place: Riverside Participants Mr. Donald Bauer, Clean Air Dr. Ward Elliott, Coalition for Now (CAN) Clean Air Colonel Art Krause, Assistant Gerschen L. Schaefer, M.D. to the Mayor, Riverside Riverside County Medical Mr. Arthur L. Littleworth, Association President, Riverside Unified Dr. W.A. Schuck, Assistant School District Director, Air Pollution Mr. James F. McCarty, Project Research Center, University Engineer, TRW Systems of California, Riverside Mr. Donald F. Zimmer, Ad Hoc Mr. Terry Winckler, Environmental Protection Tuberculosis and Respiratory Committee Diseases Association Mrs. Marian Carpelan, Citizens Mr. William Spindler, Committee on Freeways and Comprehensive Health Planning Transportation Association Mr. James Somers, Stamp Out Mr. Lyle Gaston, San Gorgonio Smog, Orange County Chapter, Sierra Club C-2 Report Design Consultant: George Louie, Designer 1 &