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[Environment] - Environmental Quality Study Council Progress Report, February 1970
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[Environment] - Environmental Quality Study Council Progress Report, February 1970
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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 Progress Report, February 1970 Box: P35 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/ PRESS State of California Environmental Quality Study Council Progress Report February 1970 State of California Environmental Quality Study Council Progress Report February 1970 STATE OF CALIFORNIA RONALD REAGAN, Governor ENVIRONMENTAL QUALITY STUDY COUNCIL SACRAMENTO February 1, 1970 Honorable Ronald Reagan Governor of California Honorable Howard Way President pro Tempore, and Members of the State Senate Honorable Robert Monagan Speaker, and Members of the State Assembly Gentlemen: It is my privilege to submit to you the progress report of the State Environmental Quality Study Council. The Council was created by the Legislature in 1968 for the purpose of inquiring into the condition of the quality of the state's physical environment, to recommend the appropriate action necessary to effectively protect, manage, and improve environmental quality on a long range basis, and to make recommendations for immediate action by state agencies. The legislation requires that a progress report be made to the Legislature on February 1, 1970. Since its activation in April of 1969, hearings have been held in six cities. Each involved extremely controversial environmental issues with statewide implications. In addition to the public hearings, numerous work sessions have been held. Council members have been extremely diligent and are committed to the task which has been assigned to them. The Council trusts that this report will prove helpful to the Governor and to the Legislature in addressing the serious environmental issues which confront the State. Submitted on behalf of all members of the Council. Respectfully David F Baber David David L. Baker Chairman -i- TABLE OF CONTENTS Page Council Membership > Preface 1 Recommendations Land Use 3 Air Quality 4 Noise Abatement 7 Water Resources 7 Council Activities The Public Hearings 8 Results - Palm Springs Hearing 9 Hearing Format 9 Study Sessions 11 Some Accomplishments 11 Fundamental Changes Required 12 The Future 13 Council Financing and Staff 13 Perspective 14 Committee Reports Land Use 15 Air Quality 31 Noise Abatement 41 Water Resources 47 APPENDIX Resolutions A-1 Schedule of Activities, 1969 B-1 Tentative Schedule of Hearings, 1970 C-1 -iii- YY # STATE OF CALIFORNIA ENVIRONMENTAL QUALITY STUDY COUNCIL COUNCIL MEMBERS DAVID L. BAKER, CHAIRMAN Supervisor, County of Orange LAND USE COMMITTEE NOISE ABATEMENT COMMITTEE Professor Frank J. Tysen, Edward M. Ross, Chairman Chairman - Program of Attorney, Little, Ross Urban and Regional Planning, and Pierson University of Southern California WATER RESOURCES COMMITTEE Arthur F. Pillsbury, Chairman AIR QUALITY COMMITTEE Director, Water Resources Albert Pearlson, Chairman Center, University of Attorney, Pearlson and California Pearlson Senator Tom Carrell Gordon C. Luce, State Samuel A. Egigian, President Secretary for Business and Southern District Refuse Transportation Removal Council Chester Morris, Attorney Dr. A. J. Haagen-Smit, Chairman Kerry Mulligan, Chairman, State Air Resources Board; State Water Resources California Institute of Control Board Technology Helen B. Reynolds, President Bruce J. Held, Sandia California Roadside Council Corporation Randolph E. Siple, Attorney Norman B. Livermore, Jr., State Gair and Siple Secretary for Resources EX-OFFICIO MEMBERS Louis M. Saylor, M.D., 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 J. Anderson, Supervisor Department of Parks and County of Riverside Recreation James V. Fitzgerald, Supervisor Ray Arnett, Director County of San Mateo Department of Fish and Game Thomas Bradley, Councilman James G. Stearns, Director City of Los Angeles Department of Conservation Maurice K. Hamilton, Councilman James Moe, Director City of San Bruno Department of Public Works Wesley McClure, City Manager William R. Gianelli, Director City of San Leandro Department of Water Resources Charles R. LeMenager, Director Department of Housing and Community Development STAFF SPECIALIST Eldon E. Rinehart V PREFACE The 1968 California Legislature, as an expression of the growing deep concern over the deterioration of the State's physical environment, enacted Part 14, Division 3, Title 2, of the Government Code, creating the State Environmental Quality Study Council. This report has been prepared in accordance with Section 16055 of the above, which requires that the Council submit a progress report to the Governor and the Legislature on February 1, 1970. The Council was convened on April 10, 1969, and after two months of organizational meetings commenced with its in-depth study. This report will relate progress made by the Council during the first nine months of its existence, together with an indication of how it intends to proceed during the next year. It hardly needs to be pointed out that the State's environmental problems are extremely complex and not prone to easy solutions. As a recent Christian Science Monitor cartoon put it: "It is getting too serious for just a mop-up." Recognizing this, the Legislature provided the Council with a broadly based set of duties. Briefly stated, the Council has been directed to study, in depth, State policies affecting environ- mental quality, to determine whether existing approaches are adequate, and to identify "unmet or inadequately met needs, undesirable overlaps, or conflicts in jurisdiction between or among Federal, State, regional and local agencies." In addition to being charged with developing long-range environ- mental quality goals and recommendations, it shall also make recommendations for immediate action. The Council's fact-finding and recommending tasks are thus of enormous breadth and scope. - 1 - - my RECOMMENDATIONS The following recommendations were adopted by the Council. It should be noted that other recommendations developed by the various Committees were taken under advisement. These will be found in the Committee reports. In the appendix are resolutions adopted by the Council dealing with specific environmental problems. LAND USE 1. Immediate adoption, in principle, of a population- distribution policy, together with a commitment to utilize the State's ability to influence water, power, transportation and other facilities in order to imple- ment such a policy. 2. Immediate adoption of a go-slow policy on all major public works projects whose adverse impact on the environment seems irreversible. State agencies responsible for any such project should prepare a report detailing its environmental consequences; e.g., on population density, air, water, noise, and visual pollution, loss (or gain) of open space and recreational facilities. Such reports should be submitted promptly to the newly formed cabinet-level State Environmental Policy Committee so that it can evaluate the impact on the environment, and provide for alternative courses of action, where necessary. 3. Adoption of a strategy for developing appropriate long- range policies for establishing and implementing highest-use criteria, based on environmental quality considerations, for the State's regions and sub- regions. Appropriate State Administration mechanisms should be established to implement such policies. This should be accomplished by a greater utilization of full time environmentally knowledgeable personnel. 4. Preparation, in the interim, of an emergency inventory of the State's regions and sub-regions for the purpose of establishing temporary criteria, indicating their possible highest use, environmentally. In this, the help of the Nation's most respected ecologists, planners, and other environmental professionals should be sought. - 3 - Recommendations 5. Adoption of a set of policies, upon completion of the emergency inventory, that will preserve areas from urban, commercial or industrial intrusions likely to change their character until a final "highest-use" policy has been established. 6. Immediate adoption of legislative and administrative directives to require all State and local agencies to incorporate environmental quality criteria as a part of all relevant decisions, including those of a regu- latory nature. AIR QUALITY 1. Mandatory preparation of a report on air quality impact by any agency involved in developing plans for new State facilities or freeways, or modification or additions thereto. The report shall include estimates of added vehicular traffic involved and emission rates of stationary sources, and shall be made available to the State Air Resources Board, counties, cities, and local air pollution control districts in the area affected, for comment. 2. Establishment of air basin control agencies within the State similar to the presently utilized water basin approach. Air quality standards should be set for each air basin, along with enforceable emission rates. Furthermore, areas within each air basin must be examined, intra-air basin control zones formed, and different standards set where health, economics, or other factors demand separate treatment. 3. Mandatory establishment of local air pollution control districts until such time as a basin approach is adopted. In areas with few problems at the present time, this requirement may be limited to just one part-time person who has the responsibility to see that State requirements are met. However, a responsible person whom the Air Resources Board can contact as the need arises is necessary in all counties. 4. Passage of appropriate State legislation requiring a permit from the Air Pollution Control District or from the basin, whichever has jurisdiction, for construction and operation of any new potential stationary air pollution source. It is further recommended that such legislation should include the following features: - 4 - Recommendations a. Construction of a potential stationary air pollution source may not commence until the construction permit has been granted. b. Operation of a potential stationary air pollution source may not commence until the operating permit has been granted. C. Variances should be good for only one year at a time (as is presently required in all local districts using the permit system). Renewals for variances should be referred by the local districts to the State Air Resources Board for approval. a. The State Air Resources Board should be given more authority in reviewing emission standards established by local districts. Furthermore, the Air Resources Board should have the authority to reject any emission standards which are not stringent enough to meet the State Air Quality Standards for an area. e. Stationary air-pollution source facilities failing to operate within the scope of the provisions of the operating permit requirements should be subject to fine on a daily basis as well as complete closure if corrective action is not taken within a specified number of days. f. The Air Resources Board should be given the authority and enforcement powers to control certain types of pollution which can only be done adequately on a statewide basis. For example, open burning at dumps and wrecking yards should be stopped throughout the State. Limiting other smoke and dust emitters is highly desirable within the next five years. The Air Resources Board should be consulted regarding the extent of this recommendation. g. A program of increasingly strict emission standards must be set for all types of emission sources (new and existing). Target goals for five to ten years ahead must be set now. 5. Encouragement by the State of nuclear power plants and discouragement of fossil-fueled power plants. This can be done by a two-pronged approach: a. The State Department of Public Health should be given the necessary funds for public information programs on the truth about nuclear power and the air pollution problem from fossil-fueled plants. - 5 - Recommendations b. The State must work with the U. S. Atomic Energy Commission to find suitable sites for nuclear power plants. The State should seriously consider the purchase of sites along the coast which could be turned into nuclear power plant parks. Site selec- tion can be in cooperation with the USAEC, conser- vation groups, and other interested organizations. The land can be leased to power companies for nuclear power plant construction sites, while the entire park complex stays under the direct guidance of the State. The plants can be located back from the beach SO that the beach area can be used by the public. C. The State of California Power Plant Siting Committee should be given statutory authority. 6. Immediate control of agricultural burning, as a source of pollution in the State, through two approaches: a. The Air Resources Board should immediately start a study program to determine means of disposal of agricultural waste without polluting the air. b. As an interim measure, the Air Resources Board should set up the conditions of burning in all air basins. For example, one rule might be that only thoroughly dry prunings may be burned. Furthermore, the Air Resources Board should assist the local agencies by forecasting days when burning is or is not permitted. 7. Encouragement and funding should be provided to institutions of higher learning to initiate or expand programs for training air pollution control personnel. Such training programs must include graduate, undergraduate, and AA degrees, as well as special technician training through night courses or special short-term courses. 8. Reduction of air pollution from motor vehicle sources by the following methods: a. The State should continue to seek emission control devices for older used cars (pre-1966). Present legislation states that for older cars, a device shall not be required unless it sells for $65 or less; however, it is believed that legislation should be flexible enough to raise the price if a promising device is found that costs somewhat more than $65. - 6 - Recommendations b. An incentive program for purchasing low emission vehicles should be started. The program might include lower tax rates for buying cars with emissions sub- stantially lower than presently required for the 1970 model cars. C. An inspection program should be instituted to assure that anti-pollution devices have not been disconnected and that the device is performing satisfactorily. An inspection sticker should be visibly displayed on the windshield, certifying compliance. 9. Adequate funding of the Air Resources Board to provide the staff and facilities necessary to conduct a good statewide air pollution control program. 10. Establishment of the Air Resources Board on a full time basis in the same manner as the State Water Resources Control Board. NOISE ABATEMENT 1. Coordination of the planning, siting, and construction of new highways in order to alleviate noise conditions in surrounding areas. -- The State currently has regu- lations regarding the allowable noise limits of vehicles; however, the laws now in effect do not take into consid- eration the number of automobiles traveling a highway, highway configuration, placement, or volume. 2. Mandatory inclusion in subdivision public disclosures of noise data comparable to warnings that are given relative to other possible deleterious factors concerning the proposed subdivisions. 3. Development of a statewide building materials code that would take into consideration the noise-deadening or transmittal capacities of various building materials. WATER RESOURCES During 1969 the Water Resources Committee worked with State Agencies and leading authorities, and participated in conferences, from which it developed concepts most useful in long-range planning to enhance environmental quality, as outlined in its report. These concepts are expected to form the basis of Public Hearings during 1970, from which recommendations will be developed. However, no recommen- dations are made at this time. - 7 - COUNCIL ACTIVITIES The Council's initial concern was to discover a fruitful way in which to proceed with its challenging task. One of the first actions of the Chairman was to establish four committees within the Council to expedite the Council's work. These were: Air Quality; Water Resources; Noise Abatement; and Land Use. This provided the Council with a useful mechanism to handle the enormous workload with greater efficiency than would have been possible otherwise. Four committees, working simultaneously, could obviously cover a great deal more territory in a shorter time than the Council functioning as one body. The next concern was what kind of priorities should be established among the various duties with which the Council has been charged. For instance, were recommendations for long-term action more urgent than recommendations for immediate action; should the first efforts be devoted to inventorying the State's environmental problems, or to examining relevant State policies? THE PUBLIC HEARINGS The Council's first public hearing, held by the Air Quality Committee in Palm Springs on June 26, 1969, showed how it might be possible to manage those various responsibilities simultaneously. The hearing, which was held at the request of the City Attorney of Palm Springs, was prompted by two oil refineries proposed for the San Gorgonio Pass, at the neck of the Coachella Valley. The Committee's major concern was how a unique air basin, relatively free of air pollution, could be adversely affected by a decision-making process taking place outside of the principally affected area. The hearing elicited a high degree of interest. Held at the Palm Springs City Hall with virtually no notice, the hearing drew a full house and received extensive coverage in the media. The hearing revealed the deep emotional concern of the population over the despoliation of their environment. It also indicated the great need for public forums at which the aggrieved can testify about their environmental problems. It soon became clear that many saw the Council as an Ombudsman, although such a function was hardly intended or anticipated. The specific environmental problem brought about by the proposed refineries proved uniquely designed for probing the obstacles to the maintenance of clear air standards in those areas as yet unaffected. The Air Quality Committee, - 8 - Council Activities realizing this value, recommended a full-scale hearing by the full Council on the subject, which took place in Palm Springs on August 14, 1969. The evidence gathered at these two hearings suggested several needed basic improvements in the organization of air pollution control enforcement, recommendations for which are contained in the report of the Air Quality Committee. Other recommendations derived from these hearings are contained in the Land Use Committee report. After both hearings had been concluded, the Air Quality Committee, fulfilling its obligation relative to immediate action, strongly recommended that a moratorium be placed on smog-producing industrial expansion in the Coachella Valley until data could be assembled as to what the impact would be on that valley's environmental quality. RESULTS - PALM SPRINGS HEARING The hearings were followed by several highly encouraging developments which have thus far averted the threat to the air quality in the Coachella Valley and other parts of Riverside County. Local government rose to the occasion. Coachella Valley cities banded together in a Regional Anti-Pollution Authority (RAPA) to protect its people and properties from environmental pollution This fine example of local leadership represented a broad-based coalition of city governments, chambers of commerce, and local residents. The County of Riverside took the initiative by announcing that it would take steps to ban smog-producing industries from the entire County. It also called together its neighboring counties, in October 1969, in Palm Springs, to explore the feasibility of establishing a joint powers authority of Southern California Counties for the purpose of adopting uniform air pollution regulations in this part of the State. Thus, it became apparent that these fact- finding missions not only greatly assisted the Council in discovering obstacles to pollution control as well as potential solutions, but also helped the understanding of virtually everyone else involved. HEARING FORMAT Having discovered the usefulness of examining specific environmental problem situations, it was decided to use others as topics for future hearings. It was stipulated, however, that such situations had to represent a class of problems common to other areas of the State, for only then would they be capable of assisting the Council in arriving at meaningful recommendations for both immediate and long- range action within the framework of the enabling Act. - 9 - Council Activities In an effort to make the most of a limited time period, the Council requested witnesses to submit solution-oriented testimony rather than a restatement of the problem. Even so, the Council and its committees turned down numerous requests for hearings which answered the criteria it had established. Time limitations, and the honorary status of the members of the Council who serve without remuneration, made it impossible to organize and hold all the hearings for which there was a demand. The requests, however, helped the Council and its committees to inventory major environ- mental quality problems which are reflected in the various committee reports. They also served as an index of the frustrations that environmental pollution has created among people of all walks of life throughout the State. There seems to be a definite need for a full-time environmental quality Ombudsman arrangement -- something which the Council is not really constituted to provide. Out of a total of seven public hearings, all but the Malibu hearing followed the Palm Springs format. Besides the Palm Springs hearings, which dealt with the threat of air pollu- tion to areas as yet relatively unaffected, the Council held a hearing in the City of Huntington Beach to investigate how additional air pollution might be prevented in already heavily polluted basins. It specifically considered the air pollution threats posed by new power plants and power plant additions. The Noise Abatement Committee held two hearings. One, in Inglewood near the Los Angeles International Airport, probed ways in which noise problems around existing airports might be abated. The other, in Palmdale, focused on the need for preventive noise abatement measures. The Land Use Committee held two hearings, in Los Angeles and Malibu, respectively. The Los Angeles hearing was concerned with the rapidly vanishing open-space and parks in urban areas. The Committee searched for ways in which to stem the tide. The Malibu hearing considered the environmental problems of areas located in the path of expanding urban centers. It also dealt with such basic questions as popu- lation distribution and the growth ethic. This was the Council's only two-day hearing and it employed a different format. Rather than consider a particular environmental quality problem, the Committee tried to trace the numerous private and public decisional processes and interrelationships which shape our expanding urban environment. Federal, State, and local officials involved in the Malibu environment were invited to tell the Committee how their agencies' operations affected the future of Malibu. This thorough, systematic approach proved useful to the Committee, but it also made excessive demands on the Council members and its staff. - 10 - Council Activities The hearing format based on the specific environmental problem situation remains a more productive fact-finding device. At any rate, the Council would not have been able to hold so many fruitful hearings without all the help it received from the several city governments and their residents. We are deeply indebted to the cities of Palm Springs, Inglewood, Huntington Beach, Palmdale, and the Malibu community for their assistance. STUDY SESSIONS The hearings were not the only fact-finding mechanism the Council and its Committees employed. The Council, in its regular monthly meetings in Sacramento, systematically acquainted itself. with the activities of State agencies concerned with the physical environment. These study sessions included meetings with such State agencies as the Department of Public Health (regarding noise), the Water Resources Control Board, the Air Resources Board, the Office of Planning, and the Governor's Task Force on Solid Waste Management, as well as the Los Angeles Air Pollution Control District. The various committees organized similar meetings with such diverse groups as the Acoustical Society of America and the San Francisco Bay Area Health Committee, and with knowledgeable individuals, including Dr. Kenneth Watt, Systems Ecologist of the University of California at Davis. In addition, the committees held periodic brain-storming sessions. This device was particularly employed by the Water Resources Committee which, at least for the time being, preferred this approach to the public hearing device. SOME ACCOMPLISHMENTS Having described the Council's activities and its approach, what have been its accomplishments during the past six months? Undoubtedly, its most visible accomplishments have been those of an immediate nature. The beneficial impact of the Council on the preservation of high air quality standards in the Coachella Valley has already been described. Not yet mentioned is the Council's role in the prevention of further deterioration of the air quality in the Los Angeles Basin. After the Huntington Beach hearing, the Air Quality Committee recommended that a moratorium be placed on the construction of fossil-fueled power plants in the Los Angeles Basin unless it could be demonstrated that they would not further deteriorate the quality of air in the - 11 - Council Activities basin. One immediate threat was a projected expansion of the Southern California Edison Company's generating plant in Huntington Beach. The expansion was denied by the Orange County Air Pollution Control District. The Board of Supervisors not only joined the Council in its mora- torium recommendation, but went several steps further by calling for a moratorium on the construction of all fossil- fueled power plants throughout the State. Shortly thereafter, the Los Angeles County Board of Super- visors passed Rule 67, aimed directly at limiting the amount of pollution to be emitted from power plants. This was followed by a halting of the Scattergood Power Plant expansion in Playa del Rey by the Los Angeles Department of Water and Power. It was during the Council's Huntington Beach hearing that it was uncovered that the Los Angeles Department of Water and Power had spent millions of dollars and had committed many millions more on this plant, without obtaining a permit from the Los Angeles County Air Pollution Control District. The Orange County Board of Supervisors also passed Rule 67, providing its residents, as well as those of neighboring counties in the basin, protection from further deterioration by air pollution. Again, the Council had been able to participate in preventing the increase of air pollution -- this time in an already heavily polluted basin. FUNDAMENTAL CHANGES REQUIRED By now many had begun to consider these stopgap Council activities as the very heart of its existence. Yet, as was pointed out before, the making of recommendations for immediate action constitutes only part of its charge. Such recommendations are extremely important, since the deterior- ation of the physical environment of the State often proceeds at great speed. Often the irreversible environmental consequences of certain decisions make immediate action seem paramount. Yet the Council is very much aware that many immediate solutions may in fact be only stopgaps, however essential and desirable they may be. Desperately needed are basic reforms of a long-range nature. Fundamental changes must be effected in both our state laws and our state administrative structure if we are to protect and improve California's physical environment. Some desirable changes have already been impiemented. The new State Water Resources Management System, which became effective January 1, 1970, under AB 413 (1969), is an important step in the direction of what might ultimately be a model for environ- mental control. It is important to recognize that this will be the first truly regional environmental management system in the State. - 12 - Council Activities Fundamental changes are not easily accomplished. Neither are they easily formulated. The Council has progressed a long way toward outlining the kinds of changes that will be necessary. Substantial evidence of its members' thinking in this area is contained in the four committee reports. Each contains a set of recommendations for meaningful changes. THE FUTURE Where do we go from here? There is an important need to consolidate knowledge and insights. As a first step in this direction, the Council decided that after the Malibu hearing, no more hearings would be held during December 1969 and January 1970. Although much ground was covered by the Council's committees, the emphasis now will be on Council activities rather than committee activities. The bulk of the hearings will take place away from Southern California, where all 1969 hearings have been held. One hearing, however, is planned for San Diego, and will consider the problems faced by an expanding metropolis in setting aside sufficient open space. Several others are slated to take place in the Bay Area, and will deal, respectively, with transportation planning and its relation to air pollution, and with the organization of local air pollution control districts. A tentative schedule of planned hearings is appended. It is our intention to continue the hearing format used thus far. The basic challenge facing the Council is not only to cover knowledge gaps, as indicated in the committee reports, but to integrate the accumulated insights of the members in order to fashion a viable statewide environ- mental quality policy by the end of the Council's tenure. It is apparent that agency coordination is a key element for effectively managing the physical environment. In this connection, the Council will make a thorough examination of, and work closely with, the state administrative structure and those state agencies involved with questions of environ- mental quality. No doubt certain recommendations will be forthcoming in this area. COUNCIL FINANCING AND STAFFING How well is the Council equipped to perform this task? The Act establishing the Council, AB 353 (1968), appropriated $25,600 to complete the two-year study. An additional - 13 - Council Activities $50,000 was appropriated by SB 249 (1969), which will finance the Council to June 1, 1970. The current administration budget contains $80,000 appropriations, which, if granted, would provide funds for another year beyond June 1, 1970. These funds enable the Council to maintain an Executive Secretary, a professional staff assistant, and two clerical personnel. This constitutes a doubling of the staff existing before October 1, 1969, but it remains a small staff for the enormous task at hand. Perhaps more crucial, however, is the time limitation contained in the Council's enabling Act, under which the Council is to expire on February 1, 1971. It would be highly desirable if the Council's tenure were extended one more year -- particularly since the Council was not activated until April 1969, about six months beyond the schedule envisaged by the Act. PERSPECTIVE A final word should be said about the way in which the Council has been received. The areas of inquiry have been areas of conflict, highly controversial and charged with emotion. Economic interests are intimately involved. In many cases, public and private interests seeking to meet the needs of population centers are at odds with an aroused public - people from all walks of life who are concerned with what has happened or is about to happen to their surroundings. Predictably, the Council became involved in controversy, commended by some and criticized by others. Council members are not unmindful of the public and economic sensitivities which are involved. We are dealing in an area where solutions will not be easy. However, economic issues may well become moot unless we learn to manage our resources and our environment. - 14 - PROGRESS REPORT LAND USE COMMITTEE Frank J. Tysen, Chairman Samuel A. Egigian Chester Morris Albert Pearlson Helen B. Reynolds LAND USE COMMITTEE ENVIRONMENTAL QUALITY: A LOSING BATTLE The first six months of our in-depth study of California's environmental ills have revealed an extremely pessimistic picture. Our beautiful State is in severe danger of being destroyed as a desirable place to live. Our lush orange and walnut groves, our vineyards, our primeval sage- brush country, our secluded valleys, our meandering streams, our majestic mountains, and our windswept beaches are going -- and they are going fast, replaced largely by depressing urban sprawl. It is even questionable whether major portions of the State will be capable of supporting tolerable human life within several more decades. Having been called upon for the past 25 years to accommodate one of the greatest bursts of in-migration and population growth the world has ever known, California's legendary environmental assets have been squandered in a grossly negligent fashion, and much of it obliterated beyond repair. If the present course is continued, our posterity will inherit a vast wasteland. It is not that constructive action has been lacking to counteract the rapidly growing deterioration of our environ- ment. The very existence of the Environmental Quality Study Council constitutes a definite recognition of the State's environmental crisis by the Legislature. Also, steps have been taken to save the integrity of the San Francisco Bay, Lake Tahoe, and Northern California's Round valley. Tough water pollution legislation was adopted last year providing the State with its first truly regional environmental quality management system. Air pollution and pesticide controls have also been the subjects of recent progressive legislative actions. The simple fact is that the State's population continues to burgeon, so that despite stepped-up efforts to correct the problems, we continue to lose ground in the fight to maintain the quality of our physical environment -- let alone in our efforts to meet the challenge of improving the environment. From a population of 6.9 million in 1940, California has grown to 20 million. The forecast is for 50 million by the year 2000. 1/. This report is based, in part, on evidence presented at all Council and Committee hearings held to date. Membership of the Land Use Committee is represented on all Council Committees. - 15 - Land Use Committee Population growth, per se, must be to a major extent a national concern. It is, therefore, encouraging that President Nixon has announced plans to establish a Commission on population growth, and has already issued appropriate directives to various federal agencies to implement his concern. Such efforts must be stepped up. The State of California must play an increasing role in dealing with population growth - hopefully diminished -- in such a way SO as not to destroy California's environ- mental quality. There is an urgent need for the immediate adoption in principle of a population distribution policy. Unchecked urbanization will not only lay waste to our beautiful landscape, but will result in a way of life in which personal freedom and privacy will become increasingly extinct and peace of mind and body perpetually endangered, as exemplified in the ever-increasing occurrence of mental illness and in the rapid growth of major crime in California. URBAN SPRAWL: NO END IN SIGHT It is now clear that the forecasters of a continuous linear sprawl from Northern California to the Mexican border are absolutely right, for there is now no mechanism which can prevent this fro m happening. In the Committee's two-day hearing at Malibu on land use patterns, it became crystal clear that every buildable piece of land in this area would be urbanized in the path of both the northward expansion from Los Angeles and the southward expansion from Ventura. Once this area is filled in, this sprawl is destined to jump to the north of Ventura and on up the coast. In a hearing held in Palmdale on the proposed international airport, a pattern emerged of another major urban sprawl city bound to fill in buildable land between the Los Angeles Basin and Palmdale, to be followed by an ultimate northward march toward Bakersfield. The hearing in Palm Springs - a city located over 100 miles from Los Angeles --- left no doubt about the urbanizing pressures of the Los Angeles Basin in an eastward direction, in spite of its extreme summer heat. To counteract this will be extremely difficult, for specu- lative land practices have built expectations of large gains among many. If the dehumanized, sprawling megalo- polian monsters are to be prevented, the expectations of personal gains among those who have banked on such growth must inevitably be denied. Such an approach would be - 16 - Land Use Committee analogous to a set of anti-inflation policies which may deny investors in securities anticipated growth, or even decrease the value of their holdings, but which are justi- fied as serving the common good. Nevertheless, the obstacles to such policies are clearly self-evident. It is neither easy nor pleasant to adopt policies unpopular with powerful vested interests. It will take almost superhuman political will to do so, but it is not impossible, as other countries such as Holland have already proved. THE MORIBUND LOS ANGELES BASIN At the same time that the Los Angeles Basin is sprawling in all directions, the Basin itself is becoming increas- ingly more densely populated, which raises questions of human survival as we know it today - questions well beyond those of a desirable existence. With major new water resources on their way and numerous new power plants either planned or under construction, continued industrial and commercial expansion seems assured. This, in turn, encourages new in-migration to the Basin, and each new resident increases congestion and adds his share of pollution, particularly by his use of an internal- combustion-powered automobile. At the Council's hearing in Huntington Beach, the question was raised as to the carrying capacity of the Basin. Stated differently: how much human life can the Basin reasonably support? At this point, the question has not been answered; but the Committee would like to pursue this subject during 1970. The evidence being compiled strongly suggests, however, that there is a limit as to how much air pollution can be generated without serious health consequences. In fact, Professor Kenneth Watt, Systems Ecologist of the University of California at Davis, who met with this Committee in study session, has already predicted that by the winter of 1975-76, air pollution in the Los Angeles Basin will be at levels where mass mortality can be expected. An indisputable fact is that a comfortable existence in the Los Angeles Basin is already seriously endangered by smog, with State air quality standards for various kinds of pollutants exceeded numerous times a year, and the frequent warnings to school children not to exercise on certain days. Pollution by oxidants in the Basin, which is related to eye irritation, exceeds the State standards well over 200 days a year. Dr. Arie Haagen-Smit, Chairman of the State Air Resources Board and a member of the Council, has stated that the - 17 - Land Use Committee bucket is full and it is spilling over. This is irrefut- ably evidenced in the dying of the Ponderosa pines on the rim of the Basin. In the Lake Arrowhead region alone - located 6,000 feet high in the mountains, some 100 miles from downtown Los Angeles - millions of trees are doomed to die of smog in the next decade. But smog is only one form of pollution. Noise pollution is rapidly becoming a serious contender. During a hearing in Inglewood on noise abatement, it was learned how noise levels created by the operations of the Los Angeles International Airport have already forced the closing of several schools. Tapes were played to demon- strate how the noise levels in numerous other schools in the vicinity of the airport are now seriously hampering the educational process. Teachers and children are repeatedly forced to stop in the middle of a sentence as deafening aircraft noises fill the air. Witnesses from affected neighborhoods, many of which are located as far as 20 miles from the Los Angeles Inter- national Airport, testified to their rapidly deterio- rating living conditions, including loss of sleep due to ever-increasing noise levels. Already one million residents living in the vicinity of the airport are seriously affected by noise generated by airport opera- tions. But it will get much worse, and it will affect a great many more people as population growth calls for more airports and the expansion of existing ones. Los Angeles International Airport alone is slowly but surely absorbing several once desirable neighborhoods, such as Playa del Rey and Westchester. A recent study undertaken by graduate students of USC's Urban and Regional Planning Program has turned up some frightening predictions. Given projected population growth in the Los Angeles Basin, and the concomitant growth of air transportation, particularly VSTOL aircraft, noise levels will reach 95 pndb within twenty years throughout the Basin. Most people would consider such noise levels unbearable for normal daily living -- not to speak of the undesirable impact on their health. It is not necessary to dwell on the inability of the Los Angeles Basin freeway system to accommodate endless population growth or on the dangers inherent in a never- ending destruction of stable, established communities, and the resulting alienation. But the point should be clear. Continued growth of the Basin is sure to court disaster, or at best, considerably reduce the quality of human existence below the presently prevailing conditions. - 18 - Land Use Committee MORATORIUMS: THE NEED TO BUY TIME Two planned extensions of power plants in the Basin have been blocked by courageous action by the Boards of Super- visors of Los Angeles and Orange Counties, who concluded that the air quality of the Basin would simply not allow the additional pollution. These actions were consistent with a resolution of the Council's Air Quality Committee calling for a moratorium on additional fossil-fuel plants in the Los Angeles Basin, which was adopted after the Huntington Beach hearing. Assemblyman George Milias, Chairman of the Assembly Committee on Conservation and Natural Resources, has called for a similar moratorium on the State Water Project, as well as on other major environmentally questionable public works projects, especially those whose effects would be irreversible - at least until their environmental impact has been fully evaluated. Hailing from Santa Clara County, Assemblyman Milias is well aware of the potential dangers this plan poses to the ecology of Northern California, as well as to the water resources of the San Francisco Bay Delta -- something the Committee hopes to study during the coming year. The impact of the State water plan on the continued population growth of the Los Angeles Basin is particularly in need of consideration. We strongly hope that the Legislature will heed the advice of Mr. Milias, not only regarding the State Water Project, but concerning all State public works projects, for they provide the State with powerful tools to affect growth and development patterns throughout California. At Malibu it was demonstrated that the absence of a freeway had been a crucial reason for its relatively slow development. A decision to build a freeway in essence is a decision to stimulate growth along its path. The same is true for a decision to locate a major airport as was indicated at Palmdale - or for that matter to build a branch of a State university. The unfortunate fact is that most of the State's public works projects currently under way were planned in an era when there was little, if any, environmental consciousness. This is no attempt to place the blame on anybody or any group. For this shortsightedness we are all to blame. The important question is: should we continue with these projects if they may do serious harm to our environment, or perhaps even destroy portions of the State for tolerable human habitat? As was suggested above, present policies affecting the Los Angeles area may very well lead to the death of the Basin. - 19 - Land Use Committee Similar claims have been made for the San Francisco Bay Area. A recent report entitled Handbook of the San Francisco Region, by Dr. Robert H. Dreisbach, professor at the Stanford School of Medicine, warns that an environ- mental catastrophe is already in process in the San Francisco Bay Area. The Council intends to hold several hearings in the Bay Area to familiarize itself with the problems of that region. Meanwhile, there seems to be every reason to slow the pace of major state public works projects until it can be determined what exactly their environmental impact will be -- particularly to what extent they will foster dangerous population build-ups in already heavily congested areas of the State. The resources involved in such projects could, in fact, be redirected into activities that would enhance environ- mental quality. It hardly needs to be pointed out that a slowdown policy would be consistent with the current policy to control inflation. Such dislocations must be faced if we are truly serious about saving our environ- ment. We have little choice. This is the price that must be paid for years of neglect. The time is overdue for a searching re-examination of where our present projects and plans are taking us. POPULATION DISTRIBUTION OR STRANGULATION Concomitant with such measures, positive steps are needed to develop a well-thought-out population distribution strategy. If some areas of the State have already reached or exceeded their capacity to absorb people, where can additional people go? Where should growth be encouraged in order to alleviate the pressures on the already heavily congested areas? Directing population growth is by no means a new phenomenon in America. By the Homestead Act and the system of land grants to railroads, the Federal government played a significant role in settling this continent. Now the challenges lie in directing population growth away from congested areas. Again, the Federal government has begun to take up this challenge with a policy of rural economic development. The Presidential Task Force on Rural Development is currently preparing recommendations for reversing migra- tion patterns from the cities to as yet sparsely populated areas. These efforts have the full support of President Nixon, who told a recent convention of the American Farm Bureau: "There are 200 million Americans now. By the end of the century there will be 300 million. Where are those 100 million going to be? You can't pour them into New York, Los Angeles, into Chicago, and choke those cities to death It is going to be necessary for America to grow toward its heartland, toward the center." - 20 - Land Use Committee It is indeed encouraging to note that various California State legislators, including Assembly Speaker Bob Monagan, have already publicly expressed the need for such a policy in this State. As mentioned earlier, the State has sub- stantial powers to guide population through its public works. Once a given area is provided with adequate water and power resources, transportation facilities, and perhaps even a branch of the State university, industry and commerce can take hold. If necessary, a series of tax incentives could be estab- lished to attract industry to particular areas. People will follow. The outflow of people leaving California is sufficient evidence that many would gladly exchange life in such new town areas for their hectic existence in the crowded, sprawling metropolis where the California dream has long since been killed. But there must be decent jobs elsewhere before they can move. And California utilities, currently frustrated over the opposition to building power plants in the heavily populated portions of the State, would no doubt be happy to devote their efforts to providing power in these new towns. Flying from the State Capitol to the Los Angeles Basin along the western edge of the Sierras, it is clear that there is a great deal of beautiful country in this State for such developments. In fact, private enterprise is already showing the way by the construction of several major second- home developments in those areas, as well as in other sparsely populated portions of the State -- a phenomenon the Committee intends to study during the next year. It is not that the State's population density is so unfavor- able. In fact, it compares extremely favorably with many foreign countries and other U. S. states, such as New Jersey, which has the same population density as India. The problem lies in a highly inefficient utilization of our land resources due to the total lack of official guidance. One of the world's greatest problem cities has been described as "chance-directed, chance-erected". This description fits California all too well. A population-distribution policy could change that description, not by greater controls to keep people away from congested areas, but rather, by incentives which stimulate growth elsewhere. AN ENVIRONMENTAL STRATEGY FOR CALIFORNIA: A MUST In order to implement a population distribution policy we need to decide in some detail how to develop what is left of California. Before this can be done, the highest use of each of the regions and sub-regions that constitute the State must be determined. In this context, highest use - 21 - Land Use Committee does not necessarily mean the highest economic use, at least not in short-range economic terms, but the highest use environmentally speaking. For example, in the Coachella Valley where Palm Springs and numerous other desert resorts are located, the highest economic use in short-range terms might be to fill that valley with heavy industry and refineries, but this would mean a severe loss to California's environmental quality. The Coachella Valley, particularly the so-called "cove" communities such as Palm Springs, is blessed by a geography which is not only beautiful but unique. This provides the area with a clean, dry, healthful atmosphere as well as with a benevolent winter climate where temperatures are often 30 degrees higher than those of the coastal regions of metropolitan Los Angeles. Large open-space desert areas are found adjacent to the Valley's resort cities which not only provide visual relief, but help to maintain the Valley's clean air and relatively low noise levels. All this lies only two hours' driving distance from one of the world's largest metropolitan centers, containing eight million harassed city-dwellers very much in need of an occasional escape into the countryside. For those who suffer from respiratory diseases, it is an essential escape, a respite from dirty air. Moreover, the area's climate and soil conditions make possible the growing of certain "indigenous" fruits and other produce which has given it the name of "Date Capitol of the U. S." Thus the Valley is not only a unique State - and even national - resource as a rest and recuperation spa, but it is also a unique source of certain food items. Its value for the State's environmental quality is irreplaceable, as well-known planning consultant Simon Eisner told the Council at its August Palm Springs hearing. Its highest use, environmentally speaking, is for health, leisure, and certain kinds of agriculture. A similar argument could be put forth for California's coastline, and several other portions of the State. During our hearing in Malibu, it was suggested over and over again that most of this undeveloped coastal mountain range might have its highest environmental quality use as a close-in National Seashore to serve the recreational needs of the masses of Los Angeles as well as to provide a "lung" for the city. Our current "non-system" does not consider environmental quality in determining the future use of such areas. In fact, the continued existence of such unique areas as productive health, recreational, and agricultural resources is frightfully fragile. - 22 - Land Use Committee During two hearings in Palm Springs the Council examined ways to maintain air quality levels in those basins which are not as yet suffering from serious air pollution. It was clear that the future of the Coachella Valley was seriously endangered by a few perfectly natural and legal acts by a small city and a small oil company. The city, located at the neck of the San Gorgonio Pass, simply wished to broaden its tax base, and this desire coincided with the intentions of a mid-Western oil company which wished to build an oil refinery in California. So, the beginnings of a petro-chemical complex were launched. The Council's Air Quality Committee, in turn, felt justified to call for a moratorium on oil-refinery building until the full impact on the Valley's air quality could be ascertained. At present it appears that the refinery will not be built, largely due to vigorous opposition by Coachella Valley residents. Yet a similar major threat could re-emerge tomorrow, and the Valley's highest environ- mental-quality use may be endangered all over again. We should not be playing Russian roulette with our environ- ment. Drastic new approaches to the development of the State are necessary. Such approaches are within the power of State government to effectuate. EMERGENCY MEASURES IMPERATIVE Several local officials who testified at the Palm Springs hearings recommended that the State play a role in the location of refineries and other heavy industries. This apparently is already practiced to some extent in the Pacific Northwest States, which practice the Committee intends to investigate. The Committee also will take a closer look at Hawaii's experience in State land-use control. At this point it is not certain whether the Hawaii experience holds promise for California, but it does seem clear that the State must at once assume a greater role in protecting unique recreational and agricultural regions from undesirable urbanization. Already available are State tools to influence the development of water, power, and transportation facilities, but obviously other tools are needed -- and needed fast. Changes affecting environmental quality happen all too rapidly. There is an immediate necessity to inventory the State's regions and sub-regions to establish highest-use criteria based on environmental quality, and to protect those areas which qualify as unique resourses from industrial, commercial, or other intrusions likely to change their character. The help of the nation's most respected ecologists. planners, and other environmental professionals should be solicited - 23 - Land Use Committee for this task. At the same time we must begin at once to develop appropriate policies and plans to determine the ultimate highest use of each area. The urgency and importance of implementing short- and long-range highest use criteria cannot be overstated. If California is to survive as a viable State, we must develop bold policies for sensibly and sensitively developing our natural resources, supported by substantial financial commitments and mobilization of our finest talent. Also much needed is an appropriate State administrative mecha- nism to implement such goals. This should be accomplished by a much greater utilization of full time environmentally knowledgeable personnel. During the coming year the Council hopes to arrive at meaningful recommendations for such a mechanism. Meanwhile, the newly formed cabinet level State Environmental Policy Committee, chaired by the Lieutenant Governor, is an important step toward such a goal. It must be as if we were preparing for a major war -- a war for the survival of a great State. AN END TO THE GROWTH ETHIC Even if measures are taken to guide statewide growth, local growth may continue helter-skelter, and each day our envi- ronment will suffer further irreparable damage. There is a desperate need to save open space in crowded cities, where existing parks are vanishing at an alarming rate. At our Los Angeles hearing we witnessed the sacrifice of one of the last remaining park spaces in the city's crowded downtown area. City officials apparently saw nothing wrong in transforming the existing library park into a parking lot, despite the fact that an office-hotel complex is slated to soon pour an additional daily load of 50,000 office workers into that very area. The Committee has been beseiged with calls and letters from San Diego -- California's second largest city -- from citizens deeply concerned with the vanishing canyons and lagoons which attracted most of them to this area in the first place. Even the prehistoric Torrey Pines are threatened by the bulldozer. It seems that nothing is sacred. The Council is scheduling a hearing in San Diego to ascertain what might be done to help growing urban areas to set aside sufficient public space for a burgeoning population. In the meantime, the Legislature might well consider the adoption of emergency legislation preventing existing public parks from extinction or encroachment. The simple truth is that, in general, public activities not only fail to recognize environmental quality as an - 24 - Land Use Committee important consideration, but they often are in direct opposition to this goal. Our whole legal system has grown up over several centuries during which the all-important consideration was development. During this period the growth ethic was born and firmly established in our values and attitudes. And this goal was necessary in a society which wanted to settle a continent that often seemed hostile and uninviting. But the continent has long since been settled. Not only is the growth ethic no longer needed, but it has become destructive to a high-quality existence, as Professor Watt illustrated so eloguently during our Malibu hearing. The bulk of our public policies remain growth oriented: growth at any cost. This is why freeways have trampled neighborhoods and continue to do so, or at least residents of such communities as San Francisco, South Pasadena, and Santa Barbara think SO. The Committee received requests from the latter two communities to hold a hearing on this subject. Transportation planning will be considered at the Council's first Northern California hearing, to be held in Livermore. Neither Santa Barbara nor South Pasadena citizens are so much in opposition to freeways, per se, but rather to the way in which the location and design of freeways threatens to damage the environmental quality of their communities. Santa Barbara has been unsuccessfully trying to persuade the State for almost a decade -- in itself an incredible fact -- to provide a depressed freeway through a few blocks of its downtown area. Santa Barbarans are understandably concerned at losing their uninterrupted view of the ocean, an important amenity in that community. In South Pasadena, opponents to the route currently favored by the State feel that despite the recent improvements in freeway planning, this route continues to simply connect two points in the shortest possible way, ignoring the qual- ity of their community. One local urban design critic calls it a disaster. As he puts it: "This route cruelly divides a small, cohesive, long-established community, while brutalizing its urban fabric and destroying its open spaces." During the Malibu hearing, the Malibu Community Freeway Committee reported a long battle with the Division of High- ways to locate the freeway away from the ocean in West Malibu. A location close to the coast would seriously impair the unique beauty of this scenic area. The Highway Commission has under consideration new procedures which would incorporate environmental quality concerns in decision-making processes. These new procedures would also invite greater public participation. This is - 25 - Land Use Committee encouraging indeed, and it may help reduce the numerous skirmishes which aroused citizens have waged against the Division of Highways throughout the State. Such battles have been fought against government bodies on all levels, which must seem paradoxical in a democratic society where officials are theoretically responsible to the people. This is perhaps the reason for the numerous requests to the Council to hold hearings. We must alle- viate the sense of deep frustration so often found among the populace. Unmet frustrations can be a dangerous thing, as was brought out during our Inglewood hearing. At this hearing, an FAA official told the Council that in 1969 alone there had been a half dozen threats to bomb the control tower at the Los Angeles International Airport by individuals outraged by aircraft noises. People feel too often that they really do not count. One case brought to the attention of the Committee by a group of North San Fernando Valley residents indicated an almost total unwillingness by the Los Angeles Department of Water and Power to try to work out ways in which Chatsworth Lake could be transformed into a reservoir in such a way as to harmonize with its natural surroundings. The homeowners had no intention of trying to stop the transformation of the lake into a reservoir. All they wanted was to have environmental quality considerations included in the project. They were rebuffed. Government officials are often blamed unfairly, simply because existing laws do not allow them to take overall environmental quality into consideration. In fact, they are often specifically prohibited from doing so. This became clear at the Palmdale hearing on the proposed inter- continental airport, which has been granted a permit by the State Department of Aeronautics. Opponents have criticized the planned location because of the inadequate consideration given to the impact of noise on the existing community. Indeed, they have a valid argument, but the State Department of Aeronautics at the time it held its hearing, was not allowed by law to consider either noise or other environmental quality factors. They have since been given authority to develop airport noise regulations. Thus, the Council recommended that the Department of Aeronautics set aside its decision and schedule a rehearing to take environmental quality into consideration. To forestall such unhappy situations and to prevent increasing damage to the States environmental quality, administrative directives and legislative authority should be provided promptly to require all State agencies to include environmental quality considerations in their decision-making, both in their own activities and in - 26 - Land Use Committee regulatory actions. The time has come for environmental quality to have primacy over development. There is also a necessity to provide greater public participation in the actual decision-making processes. Ultimately, all existing legislation should be carefully examined and changed as necessary so as to be made consistent with environmental quality objectives. The outcome may require greater expenditures in some cases, and it may not always coincide with other so-called practical considerations. But that is what must be done if we are seriously interested in promoting environmental quality. TRADITIONAL PLANNING OBSOLETE The Committee especially recommends an early re-evaluation of the present State enabling legislation governing local planning activities. We have found local planning especially deficient in view of the new concern for the environment. It is even doubtful whether one can honestly use the term "local planning", and it is equally doubtful whether this will change without pressure from the State. It has often been said that Houston, which lacks a zoning code, does not look any different from most cities with a zoning code. Indeed, there are many indications that local planning is sadly deficient in California. At the Los Angeles hearing on urban park space, it was learned that there is no master plan to guide the growth of the rapidly developing downtown area. Belatedly, the City has allocated $250,000 to develop such a plan, which it is asking the business community to match. Even so, it would take several years before a plan would be available. In view of this, the Land Use Committee asked the City to postpone any actions that would eliminate downtown park land until a plan for the area would have been prepared; but the City chose to ignore this recommendation. Meanwhile, all those skyscrapers are going up without either a plan, or a concept of what the downtown area should become. The state of county planning appears to be at least equally discouraging. During the Malibu hearing, a dozen public officials were heard from, most of whom represented Los Angeles County, although some State and Federal officials were represented. It became evident that they shared no common concept of how Malibu should grow. Each agency pursues its own narrow objectives, as required by law, which, as we have seen, generally fails to consider envi- ronmental quality. Urban development, in most instances, is shaped by a series of unrelated decisions by public officials such as the county tax assessor, county engineer, the county sanitation district, etc. - 27 - Land Use Committee Unfortunately, the role of the County Planning Department is a minimal one, and even more unfortunate, the main thrust of its activities seems to be to react to already existing problems, while satisfied to accommodate as much growth as possible. A lady testifying at the Malibu hearing on behalf of the Palos Verdes Peninsula Advisory Council described the county planning process as "stuffing a Christmas turkey and attempting to get as much stuffing in it as possible." With such a philosophy, natural features assume little value and must always yield to accommodate more people. For example, this is the basis for ordinances which allow the cutting up of our hills and mountains into building pads. It is usually not the fault of the individual planner, for he is simply following the directives given him. There is an obvious great need to incorporate ecological values in the local planning process. Land-use decisions directly affect the quality of air and water in a given area as well as many other important factors. In fact, they determine the very quality of life in that area. A decision to plan for certain kinds of industrial growth or a higher residential density may, in fact, be a decision that results in the deterioration of the total environment. We must plan for the overall quality of a particular environ- ment, which means that the quality of air, water, and other environmental values must help determine our land-use decisions. This, in turn, will require an ecological inven- tory of an area as a prerequisite to land-use planning, an approach that the Council will study this year. Human settlements must be planned to be in harmony with their natural environment. The State should require, through its local planning enabling legislation, that such considera- tions be incorporated in the planning process. This might go a long way toward correcting the current "turkey stuffing" process. A BATTLEFIELD OF VESTED INTERESTS This report would not be complete without a brief discussion of the obstacles which will have to be overcome if, indeed, we are to have a high-quality environment. Unfortunately, despite much lip-service, not everybody is wholeheartedly in favor of environmental quality. It may require public officials to alter established procedures or habits with which they feel comfortable. Moreover, it may actually diminish their jurisdiction and powers. These are important obstacles that must be overcome. But perhaps the most important deterrents come from outside government. Resistance from individuals holding land investments which they anticipate will increase in value has already been - 28 - Land Use Committee mentioned. It is only natural to expect them to disagree with any public policies which might upset such expectations. Yet, in some instances it may well be necessary to do so in order to preserve environmental quality for all. For instance, measures to save the Tahoe Basin by holding down growth to a level that will not destroy the lake and its environs -- in other words, to keep the growth within the basin's carrying capacity -- may hurt certain landowners. If it ever came to pass that the internal combustion engine were outlawed, this would certainly not benefit automobile stocks for several years to come. Needless to say, the retooling costs would be enormous. The point is that almost every time environmental quality concerns are advanced, some- body or some group suffers. When the Council's Noise Abate- ment Committee held its hearing in Palmdale on the proposed intercontinental airport, it made some people very happy and others very unhappy. Even a slight realignment of airport borders could mean substantial financial losses for those whose holdings might then be placed at a greater distance from the proposed airport. A FINAL CALL FOR BOLD LEADERSHIP At one time, when America had fewer people and the frontier seemed limitless, everyone seemed somehow to be able to pursue his own self-interest without getting into the next person's way. Unfortunately, those days are over. During a recent speech, Speaker of the California Assembly, Bob Monagan, quoted 19th Century Scottish essayist, Thomas Carlyle: "You won't have any trouble in your country as long as you have few people and much land. But when you have many people and little land, your trials will begin." Our trials have begun. There is an increasing competition for the rapidly decreasing resources of fresh air, clean water, and open space. As time goes on, we will be forced by a set of increasingly more difficult choices: whose interests are to be sacrificed? We won't be able to please all. It is extremely important that this dilemma is recognized, as an outraged populace clamors for a quality environment. There is every indication that this clamor will grow louder. It might even become violent, as mentioned earlier. This is why tinkering with the fringes of the problem is no longer enough. We must also be careful to avoid "tokenism". Both are natural reactions, but they would only compound the problems. Instead, immediate and drastic actions are imperative. At times the task at hand will seem an almost impossible one. Wise, courageous states- manship is of the essence. - 29 - Land Use Committee RECOMMENDATIONS In summary, the Committee's major recommendations to the Legislature and the Administration are: 1. Immediate adoption, in principle, of a population- distribution policy, together with a commitment to utilize the State's ability to influence water, power, transportation, and other facilities in order to implement such a policy. 2. Immediate adoption of a go-slow policy on all major public works projects whose adverse impact on the environment seems irreversible. State agencies responsible for any such-project should prepare a report detailing its environmental consequences; e.g., on population density, and on air, water, noise, and visual pollution, loss (or gain) of open space and recreational facilities. Such reports should be submitted promptly to the newly formed cabinet level State Environmental Policy Committee so that it can evaluate the impact on the environ- ment, and provide for alternative courses of action, where necessary. 3. Adoption of a strategy for developing appropriate long-range policies for establishing and implementing highest-use criteria -- based on environmental quality considerations -- for the State's regions and sub- regions. Appropriate State Administration mechanisms should be established to implement such policies. This should be accompanied by a greater utilization of full time environmentally knowledgeable personnel. 4. Preparation, in the interim, of an emergency inventory of the State's regions and sub-regions for the purpose of establishing temporary criteria, indicating their possible highest use, environmentally. In this, the help of the Nation's most respected ecologists, planners, and other enwironmental professionals should be sought. 5. Adoption of a set of policies -- upon completion of the emergency inventory -- that will preserve areas from urban commercial or industrial intrusions likely to change their character until a final "highest-use" policy has been established. 6. Immediate adoption of legislative and administrative directives to require all State and local agencies to incorporate environmental quality criteria as a part of all relevant decisions, including those of a regu- latory nature. Environmental quality must have primacy over development. - 30 - PROGRESS REPORT AIR QUALITY COMMITTEE Albert Pearlson, Chairman Dr. A. J. Haagen-Smit Bruce J. Held Edward M. Ross Frank J. Tysen AIR QUALITY COMMITTEE The major effort by the Air Quality Committee of the Environmental Quality Study Council has thus far been directed toward stationary sources. This has been due primarily to two "emergency conditions" which occurred in Southern California. The first problem was encountered in the Coachella Valley during June in regard to the proposed construction of an oil refinery by the Clinton Oil Company. A meeting of the Air Quality Committee and the City of Palm Springs was held in June at the request of the City Attorney. The city found itself powerless to stop construction of the refinery which would add further to the smog levels in that resort community. The city was and is already threatened by having its entire economy jeopardized from increasingly higher smog levels. The smog coming in from Los Angeles and San Bernardino could ruin Palm Springs as a resort and health area. The refinery would certainly have worsened a bad situation. As a result of the meeting, a public hearing was arranged and held in August by the full Council An in-depth probe on how the situation developed and the impact of a refinery on that area (or similar areas in the State) gave the Council some insight into the deficiencies of existing legislation in the realm of environmental quality. It became readily apparent that different areas have different problems. Legislation must take into account that require- ments differ from area to area. To relieve the immediate local problem of the threat of a refinery in the Coachella Valley, the Committee passed a resolution recommending a moratorium on any industrial expansion in the Valley until technical data is available to permit formulation of an effective regulatory program (Appendix, pg A-1). The Riverside County Air Pollution Control Officer denied the petition for an operating permit a few days after publication of the Resolution. No appeal by the oil company has been attempted to date. The other public hearing on air pollution was held at Huntington Beach on October 20, 1969, by the full Council. of immediate concern was the planned construction of two 750-million watt oil-fueled power plants by Southern California Edison. However, the entire question of power plants and their contribution to air pollution was studied. Testimony was given by four major utilities concerning their present and future plans in California. of the four - 31 - Air Quality Committee (San Diego Gas and Electric Company, Southern California Edison Company, Los Angeles Department of Water and Power, and Pacific Gas and Electric Company), only Pacific Gas and Electric appears to be totally committed to nuclear power plants in the years to come. The Council was also disturbed to discover that the Los Angeles Department of Water and Power had an oil-fueled power plant under construction at Playa del Rey without receiving a construction or operating permit from the Los Angeles Air Pollution Control District. The apparent attitude of the LADWP was that the additional power capa- bility was necessary and the LAAPCD would have to issue a variance to their air pollution regulations if emission standards could not be met. As a result of the hearing, the Air Quality Committee of the EQSC passed a resolution opposing the addition of the two power plants at Huntington Beach, recommending a moratorium on the issuance of any construction or operating permits for fossil-fueled power plants in the Los Angeles Air Basin, where further deterioration of air quality must be stopped before a disaster occurs, and recommending that the State Attorney General take legal steps to enforce the resolution upon request by the EQSC or the Air Resources Board (Appendix, pg A-3). In action after this resolution was passed, the Los Angeles Air Pollution Control District denied the application for the construction and operating permits by the Los Angeles Department of Water and Power after presentation and passage of Rule 67 by the Los Angeles County Board of Supervisors. The Air Quality Committee of the EQSC testified at the hearing on behalf of the passing of Rule 67, an ordinance which drastically reduces emission standards from fossil- fueled power plants. Denial of the permits and presentation of Rule 67 to the Los Angeles County Board of Supervisors was done in part on the strength of the resolution by the Air Quality Committee of the EQSC, according to Louis Fuller, Air Pollution Control Officer, Los Angeles County. The Air Quality Committee has scheduled a public hearing in the City of Livermore on March 7, 1970. Livermore has had the highest air pollution levels recorded in Northern California. Almost all of the pollution originates from motor vehicles. The valley in which Livermore is located is now threatened with two additional freeways plus the opening of a new State recreational area. The recreational area alone is expected to add one million additional cars per year during the time of the year when air pollution is at its worst. Other hearings now in the planning stage are - 32 - Air Quality Committee with automobile manufacturers and on petroleum-industry- produced air pollution in the Richmond area. As a result of the hearings, study of available literature and meetings with air pollution control officials, problem areas begin to emerge. Some specific recommendations for immediate action are presented in this report, and problems on which the Air Quality Committee will devote future consideration are also noted. RECOMMENDATIONS 1. It has become all too obvious that many State and local agencies do not consider air pollution (or environmental quality in general) in project planning. Examples of this are freeway and highway planning, location of recreational facilities, and establishment of industrial parks or zoned areas. Recommendation In developing plans for new State facilities or freeways, modifications or additions thereto, or any other actions which could affect the air quality, the State agency involved shall prepare a report on the impact of the action or facility on the air quality of the area involved. The report shall include estimates of added vehicular traffic involved and emission rates of stationary sources. The report shall be made available to the cities and counties in the area affected, local air pollution control districts, and the State Air Resources Board, along with requests for comments. 2. Many areas of the State have no local air pollution control districts, although air pollution of one form or another is found everywhere, statewide. In those areas without control districts, there is no one to establish or enforce regulations that may be needed locally or required by the State. Recommendation Establishment of local air pollution control districts be made mandatory on a statewide basis. In areas with few problems at the present time, this requirement may be limited to just one part-time person who has the responsibility to see that State requirements are met. However, a responsible person whom the Air Resources Board can contact as the need arises is necessary in all counties. - 33 - Air Quality Committee 3. The use of construction and operating permits varies from fairly effective control, but with the privilege of variances in some air pollution control districts such as in Los Angeles County, to no permits required whatsoever, such as in the Bay Area. Recommendation The State pass appropriate legislation which requires a permit from the Air Pollution Control District for construction and operation of any new potential stationary air pollution source. It is further recommended that such legislation should include the following features: a. Construction of a potential stationary air pollu- tion source may not commence until the construction permit has been granted. b. Operation of a potential stationary air pollution source may not commence until the operating permit has been granted. C. Variances should only be good for one year at a time (as is presently required in all local districts using the permit system). Renewals for variances should be referred by the local districts to the State Air Resources Board for approval. d. The State Air Resources Board should be given more authority in reviewing emission standards estab- lished by local districts. Furthermore, the Air Resources Board should have the authority to reject any emission standards which are not stringent enough to meet the State Air Quality Standards for an area. e. Failure to operate a stationary source within the scope of the provisions of the operating permit requirements should draw a fine on a daily basis plus complete closure of the facility after a certain number of days. f. The State Air Resources Board should be given the authority and necessary enforcement powers to control certain types of pollution which can only be done adequately on a statewide basis. For example, open burning at dumps and wrecking yards should be stopped throughout the State. Limiting other smoke and dust emitters is highly desirable - 34 - Air Quality Committee within the next five years. The State Air Resources Board should be consulted regarding the extent of this recommendation. g. A program of increasingly strict emission standards must be set for all types of emission sources (new and existing). Target goals for five to ten years ahead must be set now. 4. The Air Resources Board has divided the State into air basins and set air quality standards for the State as a whole; however, both the basins and the air quality standards are meaningless because the Mulford-Carrell Act did not give the Air Resources Board authority to do anything further in meeting the standards. Furthermore, air quality standards must necessarily vary between areas for health and economic conditions. For example, Palm Springs is a resort area which attracts people for health reasons and its pure fresh desert air. Thus, the air quality in Palm Springs plays a direct part in the economics of the region. Until the entire State can have unpolluted air, those areas with good air must be completely protected. Recommendation Establish air basin control agencies within the State as has been done with the water basins. Air quality standards should be set for each air basin along with enforceable emission rates. Furthermore, areas within each air basin must be examined, intra-air basin control zones formed, and different standards set where health, economics, or other factors are involved. 5. Fossil-fueled power plants are one major stationary source of particulate matter, sulfur dioxide, and nitrogen oxides for which a satisfactory control method must be found. Increasing power demands force power companies to plan for more power generating facilities. Recommendation The State must take the lead in encouraging nuclear power plants and discouraging fossil-fueled power plants. This can be done by a two-pronged approach: a. The State Department of Public Health should be given the necessary funds for public information programs on the truth about nuclear power and the air pollution problem from fossil-fueled plants. - 35 - Air Quality Committee b. The State must work with the U. S. Atomic Energy Commission to find suitable sites for nuclear power plants. It is the opinion of the Air Quality Committee that the State should seriously consider purchase of two or three sites along the coast, which could be turned into nuclear power plant parks. Site selection can be in cooperation with the USAEC, conservation groups, and other interested organi- zations. The land can be leased to power companies for nuclear power plant construction sites, while the entire park complex stays under the direct guidance of the State. The plants can be located back from the beach so that the beach area can be used by the public. 6. Disposal of agricultural wastes by burning is a cause of air pollution in many areas of the State. This type of pollution is becoming the subject of growing concern. Some areas prescribe the time of burning to reduce effects during unfavorable weather conditions. Recommendation Two approaches must be started immediately to control agricultural burning as a source of pollution in the State: a. The Air Resources Board should immediately start a study program to determine means of disposal of agricultural wastes without polluting the air. b. As an interim measure, the Air Resources Board should set up the conditions of burning in all air basins. For example, one rule might be that only thoroughly dry prunings may be burned. Furthermore, the Air Resources Board should assist the local agencies by forecasting days when burning is or is not permitted. 7. The lack of technically trained people to man the State and local air pollution control programs presents diffi- culties in implementing these programs. Recommendation The State college and university system should be encouraged and funded to initiate or expand programs for training air pollution control personnel. Such train- ing programs must include graduate, undergraduate, and AA degrees, as well as special technician training through night courses or special three-month courses. - 36 - Air Quality Committee 8. The motor vehicle is recognized as the leading contrib- utor to air pollution in the State of California in all urban areas. While it is recognized that the Pure Air Act of 1968 sets stricter standards for emissions from motor vehicles beginning with the 1970 models, it is believed that further controls are necessary to reduce vehicular pollution on a faster scale. Recommendation Gaps existing in the control of motor vehicle emissions must be closed immediately to reduce air pollution, by the following methods: a. The State should continue to seek emission control devices for older used cars (pre-1966). Present legislation states that for older cars a device shall not be required unless it sells for $65 or less; however, it is believed that legislation should be flexible enough to raise the price if a promising device is found that costs somewhat more than $65. b. An incentive program for purchasing low emission vehicles should be started. The program might include lower taxes for buying cars with emissions substantially lower than presently required for the 1970 model cars. C. An inspection program should be instituted to assure that anti-pollution devices have not been disconnected to get better gas mileage and that the device is performing satisfactorily. An inspection sticker should be visibly displayed on the windshield. Two types of inspection programs might be considered by the State. The first is similar to that used in New Jersey, where the State built inspection stations. A safety and air pollution emission check is required every six months. A fee is required which is sufficient to cover the cost of the station and the state employees. The second system is like that used in Pennsylvania, where the State licenses garages to perform the safety inspection. The State splits the fee between itself and the garage owner. While Pennsylvania does not measure emissions as does New Jersey, an emission measuring device can be installed either by the State of California or the garage owner for approximately $1,000. The inspection programs described would have a number of advantages. First, they would allow for the - 37 - Air Quality Committee inspection of all vehicles to enforce emission control. Second, they would insure that 100 percent of all cars in the State would be inspected for safety, instead of a random sample as is now done by the Highway Patrol. Third, the cost would be borne by the car owner and not by the State, as is currently the practice. Fourth, it would free the Highway Patrol from conducting the program, as is now being done in California, and release them for patrolling the highways. 9. The Air Resources Board is grossly under-funded for the work that must be done. Implementation of any of the recommendations already made will require additional funding. The air pollution problem is spreading into new areas of the State. Additional air monitoring is needed to continually inventory the extent and degree of the problem. Recommendation The Air Resources Board should be adequately funded to provide the staff and facilities necessary to conduct a good statewide air pollution control program. 10. The State Air Resources Board is, at present, a part- time board. The extent of the air pollution problems make it appear that a full-time board may be desirable. Recommendation The Air Resources Board should be established on a full-time basis in the same manner as is the State Water Resources Control Board. FUTURE PROBLEMS The Air Quality Committee of the EQSC has a number of problems which must be considered in the coming months. They are given here as an indication of the legislative recommendations that the Committee is considering. 1. Motor Vehicles a. What further controls are necessary? b. What emission standards should be set for diesel- powered trucks and buses? C. Are the emission rates of the Pure Air Act of 1968 sufficient to offset potential pollution problems in areas with rapidly growing popu- lations? - 38 - Air Quality Committee d. What penalties for violations are in order? 2. Pollution from Other Means of Travel Should emission standards be set for planes, trains, and boats? 3. What is the proper relationship between the State Air Resources Board and the local Air Pollution Control Districts? 4. What stationary sources must yet be controlled? 5. Other Air Pollutants How serious is the problem of pollutants such as pesticides, lead and other metals, and odors? 6. How much research is still necessary in air pollution control? Are present measuring devices adequate (e.g., the Ringelmann test developed around the turn of the century) ? - 39 - PROGRESS REPORT NOISE ABATEMENT COMMITTEE Edward M. Ross, Chairman Albert Pearlson Frank J. Tysen NOISE ABATEMENT COMMITTEE IDENTIFICATION OF PROBLEM The first charge to the Noise Abatement Committee was to define the scope of activity and to identify noise problems facing the State of California. To attempt an identification of the problems, members of the committee conducted public hearings in Palmdale and Inglewood, consulted at various times with acousticians prominent in the area of community noise abatement, and consulted with federal authorities and with authorities of other states supposedly conversant with the area and problems of state regulation of community noise. As a result, the committee has concluded that there is virtually no state regulation of community noise in the country. In the State of California, recognition has been taken of this problem, but to date, and outside of the activities of this committee, few actions have been taken to identify, cure, or eliminate the problems caused by community noise pollution. The committee has identified community noise problems ranging from the exhaust of motorcycles to that of jet engines. Excluded from consideration has been the problem of industrial noise, that is now encompassed within the charge of the State Department of Industrial Relations. This is noise, mostly contained within buildings, that affects the health and welfare of workers. It is felt that this aspect of noise is already adequately regulated. Community noise problems may be considered in at least two aspects. The advent of the jet airplane has created its own particular set of noise problems. Then there are a whole host of other sources of "community noise". These problem areas are discussed in the next section, and possible solution of the problems, in the context of a need for State action. NEED FOR STATE ACTION The ever-increasing use of the jet airplane, the coming of the SST, the jumbo jet and V/STOL aircraft, have given rise to a conspicious extent an ever-increasing degree of commu- nity concern over the effects of the noise pollution. The major obstacle to local solution of this problem, and hence the need for state action, is that a landing or take-off pattern may cut across dozens of jurisdictional boundaries. It is elementary to note that the economic benefit to an area may lie in favor of one jurisdiction geographically, - 41 - Noise Abatement Committee while the burden of that economic benefit may be spread over dozens of jurisdictional areas. It is not surprising to find, therefore, that the political entity in whose jurisdiction an airport lies, and hence the reaper of the economic benefits, is hesitant or unwilling to control the actions of the airport or aircraft operators. Other commu- nities that share the burden of the noise pollution have no effective means of achieving relief. The problem is compounded, of course, by the question of federal preemption of airspace routes. While the committee is aware of the passage of AB 645, no opinion can be expressed as yet regarding its eventual effect. Another obstacle, which is the corollary of the need for State action, is that industry has not generally been concerned about the noise of its products. Increasing congestion of people, together with a technology that is producing ever more sources of noise, and accompanied by a growing public indignation at this offense to the sensi- bilities, have led us to where we are. It is the opinion of this committee, that local areas, including but not limited to county jurisdictions, cannot control the community noise problem, at least not from aircraft. It cannot be stressed enough that a local community will not control noise that affects nearby communities while the area perpetrating the noise -- or permitting it -- reaps economic benefit from it to the degradation of a surrounding area. Control of noise pollutants that may affect multiple jurisdictions must be taken out of the hands of local municipalities. Lacking statewide controls, or at least state standards, the obstacle to the solution of community noise pollution will be insurmountable. It is to be noted also, that in some areas, particularly that of the jet airplane, even state control may be too narrow an answer. For example, in October 1969, one hundred and fifty representative cities, states, and even foreign countries met in Washington, D. C., to found the first nationwide noise pollution control organization. This organization, named the "National Organization to Institute a Sound Controlled Environment", was organized by various local governments. While composed mainly of cities and affected areas, it also includes representatives from the State Attorney General's offices of New York and Illinois, as well as representatives from Canada. No delegate from the State of California was present at the initial meeting, although it is contemplated and urged that the State of California be represented in this nationwide organization. - 42 - Noise Abatement Committee SHORT RANGE SOLUTIONS At the public hearing held in Inglewood on September 23, 1969, it was repeatedly demonstrated that much jurisdictional confusion existed concerning governmental regulation of the aircraft-produced community noise problem. It was therefore requested in EQSC Resolution No. 69-3 that the State Attorney General render an analysis of the authority and responsi- bility of Federal, State, and local governmental agencies having jurisdiction over the community noise problem, with emphasis on the voids and overlaps that might exist. The Council requested by resolution dated December 18, 1969, that the State Attorney General intervene in actions seeking injunctive relief against further expansion of the Los Angeles International Airport until it could be demonstrated that this would not result in a noise producing level unduly detrimental to the surrounding communities. The Inglewood resolution stemmed from the finding of the Noise Abatement Committee that there existed a complete lack of coordination between the various governmental agencies concerned with the operation of the airport. It was suggested, for example, that changes in flight patterns might alleviate or eliminate much of the noise damage to the surrounding areas. The Inglewood hearing demonstrated problems inherent in a developed area. The Noise Abatement Committee suggests that the State consider forbidding establishment of airports or increased use of existing airports in developed areas, unless use can conform with noise limits established within pre- existing zoning uses and requirements. At a hearing in Palmdale on November 12, 1969, the Noise Abatement Committee heard testimony that crystallized the situation to be found in a new undeveloped area. The committee found an appalling lack of coordination between those State and local agencies that should be concerned with the development of an area and the protection of its people, and those interests that were coupled with the economic development of the area. The Noise Abatement Committee feels most strongly that to allow the expansion of the Palmdale International Airport as proposed, without a thorough evaluation of the ecological and environmental results that will follow, would be a disgraceful and abhorrent surrender of the State's police power to the economic interests apparently present in and around the City of Palmdale. It should be made clear that it was beyond the scope of this committee's function to judge the question as to whether or not the proposed international airport should - 43 - Noise Abatement Committee be located in or about the City of Palmdale. To this question the committee has no recommendation. It was apparent, however, and demonstrated time and again during the course of the public hearing, that a massive airport was proposed to be established, which would irrevocably change the ecological and environmental status of the area; and WITH NO CONSIDERATION GIVEN TO THE ENVIRONMENTAL EFFECTS OF THE IMPOSITION OF THE AIRPORT ON THE AREAS SURROUNDING THE PROPOSED AIRPORT. It was repeatedly and forcibly brought home to the committee that no State or local entity that one might presume to have jurisdiction over this question would admit to having the responsibility for considering the environmental effects of the airport. This committee, while again emphasizing that it has no opinion as to whether or not the proposed site is a proper location, could not condone the massive construction and operation of such an airport without careful consideration of the ecological and environmental consequences. It was brought out at the hearing that the State Department of Aeronautics had issued a permit for the airport only weeks before legislation went into effect which would enable the Department to consider environmental effects as a condition to granting approval of the proposed site. This new authority was not available at the time of the initial hearing, although it apparently was prior to the time of issuing the permit. Consequently, the Council resolved on November 20, 1969, that the State Department of Aero- nautics set aside the approval previously given to the location of the Palmdale International Airport and schedule a new hearing to take into account the environmental aspects of the airport upon the surrounding areas. The Department of Aeronautics has not acted on this recom- mendation. It is inconceivable to this committee that the Department of Aeronautics will not schedule a rehearing to consider the environmental aspects of the airport prior to the purchase of land and construction, and at a time when there is apparently nothing to lose by the thorough consid- eration of such factors. The alternative may well be an irrevocable and irreparable potential loss to a large geographic area of California. LONG RANGE SOLUTIONS The need for State action in the regulation of noise pollu- tion, aside from the actions indicated above, can be divided as follows: 1. Automobiles -- The State currently has statutes control- ling the allowable noise limits of vehicles. These are - 44 - Noise Abatement Committee inadequate inasmuch as they do not take into consider- ation such things as the number of automobiles traveling a highway, highway configuration, placement, or volume. There should be better coordination in the planning, siting, and construction of new highways in order to alleviate noise conditions in surrounding areas. 2. Subdivision public disclosures should provide noise data comparable to warnings that are given relative to other possible deleterious factors concerning the proposed subdivisions. 3. A State noise pollution board should be created to estab- lish noise zones and to promulgate noise standards on a statewide basis, in a manner comparable to air basin and air quality standards. 4. A statewide building code should be established that would take into consideration the noise-deadening or transmittal capacities of various building materials and construction practices. - 45 - PROGRESS REPORT WATER RESOURCES COMMITTEE Arthur F. Pillsbury, Chairman Bruce J. Held Chester Morris Kerry Mulligan WATER RESOURCES COMMITTEE The Committee commends the California Legislature for passing the Porter Cologne Act of 1969. This well conceived document, now in the initial stages of implementation by the State Water Resources Control Board, and by the several State Regional Water Quality Control Boards, provides admirably for solution of the more immediate water quality control needs of California. Because of this, the Committee felt that it was unnecessary to hold public hearings during 1969, and instead, devoted its limited time to the formu- lation of concepts most likely to have optimum long range favorable impact on California's environment. These concepts can be summarized as follows: 1. The concept that something must be done to alleviate the tremendous population growth that California has experienced. Various alternatives have been explored. Policies directly aimed at stopping or limiting growth in any part of the State seem certain to result in some type of environmental deterioration that is not acceptable. There are, however, vast areas east of California, from the Canadian to the Mexican borders, where further development is severely limited by lack of adequate water supplies. Massive water development throughout the West is the instrument that can make these areas attractive places to live, esthetically and economically. Because of trade interdependencies, California would benefit economically while promoting the growth of all other western states in this manner. Further, the concept of optimism for the future is, in our view, most important now, as it has been to the past. 2. The concept that man's "thirst for energy" has been a vital force in the shaping and growth of the Nation. We question whether or not the United States in general, and California in particular, could continue to be a dynamic society with concern for the environment and the quality of life unless man, in his ingenuity, can continue to develop ever new ways to utilize energy. In large part, man depends upon fossil fuels for his energy needs, and his use of fossil fuels is the basic cause of essentially all air and noise pollution, and a major factor in land and water pollution. The non- renewable fossil fuels are essentially for lubricants, for chemicals, for rubber, and for plastics. There are sources of energy -- nuclear power for steady load, and hydro-power for peaking -- that can in time substitute more and more for the combustion uses of fossil fuels. A vast instrument for environmental - 47 - Water Resources Committee enhancement could be policies which give relatively clean electric power an ever stronger competitive position over fossil fuels for the ever growing energy needs of man. Electric power today is only a small fraction of the capacity needed for the future. The water essential for cooling needs in electric power generation, exists in the West now only (a) along the Pacific Ocean shore, and (b) in and north of the Columbia and Missouri River systems. There is also inadequate water for essential pump storage in the same region. For these reasons alone, massive water development with maximum attention to the interior regions is essential now. Attention is also brought to the fact that there is urgent need for reasonable nuclear power plant siting criteria, and such criteria must make it feasible to locate plants in and near urban developments. Nuclear energy developed as a bomb, and the public is unaware of the remarkable safety characteristics of nuclear power generation. This calls for a vital educational campaign. 3. The concept of disparity in land utilization and population. While your Committee has only given consideratio to this where water is a prime consider- ation - preservation of the flood plains and basins for agriculture, greenbelts, etc. there is need, if the quality of life is to be enhanced, of establishing policies to insure continuation of a wide range of population densities. of necessity, the wildlands, with little or no population and severe utilization limitation, must be lands of low economic value, but of high esthetic value to some segment of the population. Also, there appears need to have urban populations more compact and denser than at present, but with nearby greenbelts and other open spaces (agriculture represents a definite greenbelt). However, successful policies to establish land utilization disparity must be based on rational physical criteria. The interpretive soil surveys, developed originally for agriculture but broadened to encompass all manner of non-agricultural capabilities, along with largely available geologic and climatic information, definitely have the potential to supply the rational physical criteria on which policies can be based. 4. The concept of dispersion. The report brings out that the land, specifically its soil mantle, and the oceans have developed over the eons the ability to ameliorate and beneficially utilize all manner of residues from - 48 - Water Resources Committee former plant and animal life. Most of man's environmental problems pertain to the fact that, in his efficiency, he concentrates all manner of his wastes. Many solutions rest in proper dispersal of the concentrated wastes, or in adopting policies that do not result in concentrations. This pertains particularly to liquid and solid waste disposal, to noise, and to land degradation. However, as to air pollution, there is evidence that the total of earth's air is so limited that the concept of dispersion can no longer be applied. The total world-wide emissions must be reduced. However, it has been said that the oxides of nitrogen produced in fossil fuel production would convert to nitrates, and the subsequent fallout of this nutrient would "pollute" our streams. More probable, and because of the tremendous dispersion in the atmosphere, any such fallout would more likely be on the positive side - a very slight increase in the fertility available to all plants, and a very slight increase in utilization of CO₂ and a very slight increase in the release of 02. Like other valuable resources, nitrates become pollutants only when unduly concentrated. 5. The concept of massive water supply development for the West. A massive water supply development for the West has already been suggested as a mechanism to provide new places for man to live that are attractive economically and esthetically. This is a mechanism that will aid rather than detract economically from California because of trade interdependencies, but it should relieve popu- lation pressures, and give environmental quality a chance for enhancement. In consideration of matters such as economy of scale, capital repayment, and the optimization of the development potential for all areas affected -- areas of origin and areas of need alike -- it was concluded that all future water development must be a completely integrated massive project. There has been a cry for "500 new cities" to alleviate the problems of the central core of cities, and only massive water development through- out the West can provide the economic basis for new cities. There is further the historical evidence that agriculture is the vital precursor of urban development. As a city grows, agriculture may move farther and farther away, but agriculture grows as the city grows. There certainly is question today whether or not a city can grow and flower without such an agricultural base. The need for greatly augmented water development to provide a clean source for man's ever expanding energy needs has already been mentioned. There is another problem related to water resources development. That concerns the gradual mineralization of all developed ground water basins. In the interior, -49- Water Resources Committee the only solution now on the horizon is to provide greatly augmented supplies, which will solve the problem through dilution. 6. The concept of implementation through a taxing policy. It is suggested that State agencies continue to function more or less as at present, except that the State Water Resources Control Board, and its Regional Boards, need far more substantial funding if they are to fully implement the Porter-Cologne Act of 1969, and except that several departments (probably Public Health and Water Resources) should have increased funding in order to carry on proper and necessary activities in water quality monitoring. On the matter of taxes it is suggested that the ad valorem tax on land be a tax reflecting the use value of the land. This would serve to prevent agriculture from being driven away from the urban fringes by speculative value taxes. There might be substituted for present taxes a high one-time " change in land use" tax particularly appli- cable to the flood plains, basin land, and possibly to certain wildlands. This should be high enough to prevent urban sprawl. Further taxes recommended include a flood control tax, a water use tax, a waste discharge tax based on total BOD loading plus any refractory materials loading, and a recreational use fee. It is further suggested that there be a tax on all fossil fuels utilized for combustion purposes. Such a tax could go into a fund to subsidize nuclear power and hydro power development. The concept of "power parks" is challenging. The State could provide coastal land in which nuclear power plants could be located, but much of which might be developed as parks. Power parks might also be developed where pump storage projects might be developed, when and if an adequate supply of water becomes available. In a few coastal urban centers, reclaimed waste water might even now supply a source. The Water Resources Committee is pleased to submit this summary report. It recommends to the Council that the above concepts form the basis for public hearings during 1970, as a mechanism for developing firm policies. -50- APPENDIX Page RESOLUTIONS No. 69-1 Air Quality A-1 No. 69-3 Noise Abatement A-2 No. 69-4 Air Quality A-3 No. 69-5 Noise Abatement A-5 No. 69-7 Noise Abatement A-6 SCHEDULE OF ACTIVITIES, 1969 B-1 TENTATIVE SCHEDULE OF HEARINGS, 1970 C-1 RESOLUTION NO. 69-1 RELEASE: September 11, 1969 STATE OF CALIFORNIA ENVIRONMENTAL QUALITY STUDY COUNCIL AIR QUALITY COMMITTEE RESOLUTION WHEREAS, the Clinton Oil Company has indicated their intention to build an oil refinery in the Coachella Valley near Beaumont, California; and WHEREAS, in public testimony before the State Environmental Quality Study Council it was clearly demonstrated that insufficient technical data exist to properly evaluate the impact of the refinery on the air quality of the valley; and WHEREAS, it was also clearly demonstrated at this same hearing that considerable legitimate doubt exists concerning the adequacy of the regulatory program govern- ing the air quality of the area: Therefore be it RESOLVED, That the Air Quality Committee of the State Environmental Quality Study Council strongly redommends that a moratorium be called on industrial expansion in the Coachella Valley, of the type that can produce air pollution, until adequate background technical data is available to permit formulation of an effective regulatory program. THIS RESOLUTION SHALL BECOME EFFECTIVE FORTHWITH. Air Quality Committee Albert Pearlson, Chairman Albert Pearlson, Chairman Attorney at Law Air Quality Committee A. J. Haagen-Smit, Ph.D. Chairman, State Air Resources Board Date: September 5, 1969 Bruce J. Held, Group Leader, Industrial Hygiene, Sandia Corporation Edward M. Ross, Attorney at Law Frank J. Tysen, Professor, Urban and Regional Planning University of Southern California - A-1 - RESOLUTION NO. 69-3 RELEASE: Immediate STATE OF CALIFORNIA ENVIRONMENTAL QUALITY STUDY COUNCIL RESOLUTION WHEREAS, in testimony before the Noise Abatement Committee of the State Environmental Quality Study Council at a public hearing in Inglewood, California, on September 23, 1969, it was repeatedly demonstrated that much jurisdictional confusion exists concerning governmental regulation of the aircraft-produced community noise problem: Therefore be it RESOLVED, That the State Environmental Quality Study Council request of the State Attorney General an analysis of the authority and responsibility of Federal, State, and local governmental agencies having juris- diction, with emphasis on the voids and overlaps that might exist. David of Baber David L. Baker, Chairman Environmental Quality Study Council State of California Date: September 30, 1969 - A-2 - RESOLUTION NO. 69-4 RELEASE: October 21, 1969 STATE OF CALIFORNIA ENVIRONMENTAL QUALITY STUDY COUNCIL AIR QUALITY COMMITTEE RESOLUTION WHEREAS, it is apparent from testimony presented to the State Environmental Quality Study Council at public hearings, including that held in Huntington Beach on October 16, 1969, that inadequate consideration has been given to the severe air pollution effects of fossil fueled power plants in the Los Angeles Air Basin (Los Angeles, Ventura, Orange, and parts of Santa Barbara, San Bernardino, and Riverside Counties), and WHEREAS, insufficient effort has been exerted by the major utilities in the area to develop non air- polluting alternatives, such as nuclear power plants, and WHEREAS, it has become painfully apparent that the Los Angeles Air Basin has passed the saturation point relative to air pollution and that the situation has truly reached the crisis state: Therefore be it RESOLVED, That the Air Quality Committee of the State Environmental Quality Study Council strenuously opposes the proposed addition of two 750-megawatt fossil fueled power units by Southern California Edison Company at Huntington Beach; and be it RESOLVED further, That the Air Quality Committee of the State Environmental Quality Study Council strongly recommends the institution of a moratorium on the issuance of construction and operating permits for fossil fueled power plants in the Los Angeles Basin until and if it can be clearly demonstrated to the satisfaction of the State Air Resources Board that the quality of the air in the Basin is in conformance with the statewide air quality standards recently adopted by the State Air Resources Board, and that the addition of fossil fueled power plants will not further deteriorate the quality of the air in the Basin; and be it - A-3 - Resolution No. 69-4 State of California Environmental Quality Study Council Air Quality Committee RESOLVED further by the Air Quality Committee or the State Environmental Quality Study Council: That the State Attorney General be directed to take appropriate legal steps to enforce the effect of this resolution, upon request thereof by the State Air Resources Board or the State Environmental Quality Study Council. THIS RESOLUTION SHALL BECOME EFFECTIVE FORTHWITH. Air Quality Committee Albert Pearison, Chairman Albert Pearlson, Chairman Air Quality Committee Attorney at Law A. J. Haagen-Smit, Ph.D., Chairman, State Air Date: October 20, 1969 Resources Board Bruce J. Held, Group Leader Industrial Hygiene, Sandia Corporation Frank J. Tysen, Professor Urban and Regional Planning University of Southern California - A-4 - Resolution No. 69-5 RELEASE: October 30, 1969 STATE OF CALIFORNIA ENVIRONMENTAL QUALITY STUDY COUNCIL NOISE ABATEMENT COMMITTEE RESOLUTION WHEREAS in testimony before the Noise Abatement Committee of the State Environmental Quality Council at a public hearing in Inglewood, California, on September 23, 1969, considerable information was presented concerning the severe community noise problem which exists in Inglewood due to jet aircraft operations in and out of the Los Angeles International Airport; and WHEREAS no substantive testimony was presented by any governmental body reflecting positive plans for corrective measures in the immediate future, and WHEREAS community noise quite obviously is not a major consideration in the airport expansion decision making process: Therefore be it RESOLVED, That the Noise Abatement Committee of the State Environmental Quality Study Council respectfully request intervention by the State Attorney General to seek injunctive relief in the form of modification or termination of jet air- craft operations on existing runways, to the extent necessary to reduce community noise to acceptable levels in Inglewood and other affected areas and cessation of construction of new jet aircraft runways until it can be demonstrated that their use will not result in unacceptable noise levels. Noise Abatement Committee Counth.,Nu Edward M. Ross, Attorney at Law, Edward M. Ross, Chairman Chairman Noise Abatement Committee Albert Pearlson, Attorney at Law Frank J. Tysen, Professor, Urban and Regional Planning, Date: oct. 23,1969 University of Southern California - A-5 - Resolution No. 69-7 Release: December 5, 1969 STATE OF CALIFORNIA ENVIRONMENTAL QUALITY STUDY COUNCIL RESOLUTION WHEREAS in testimony before the Noise Abatement Committee of the State Environmental Quality Study Council at a public hearing in Palmdale, California, on November 12, 1969, no substantive information was presented which would indicate adequate consideration of the environmental quality problems, such as community noise and air pollution, which would result from the proposed Palmdale International Airport, and WHEREAS considerable testimony was presented which strongly suggests that severe environmental quality problems, such as excessive noise levels in seven schools in that area, will result from aircraft and related operations at this airport, and WHEREAS it was pointed out that at the time of the public hearing, on March 10, 1969, and April 29 and 30, 1969, by the State Department of Aeronautics, said Department did not have the statutory authority to consider environmental quality problems such as community noise; but that, effective November 10, 1969, the Department now does have said authority, pursuant to Section 21666 of the Public Utilities Code: Therefore be it RESOLVED, That the State Environmental Quality Study Council recommends that the State Department of Aeronautics proceed posthaste to develop and promulgate rules and regula- tions, as authorized by Section 21666 of the Public Utilities Code, to insure adequate consideration of environmental quality problems in the planning, design, and operation of airports; and be it further RESOLVED, That the State Environmental Quality Study Council recommends that the State Department of Aeronautics set aside the approval decision reached at its aforementioned hearing on the proposed Palmdale International Airport and reschedule said hearing so that thorough evaluation can be made of the environ- mental quality problems that are involved and an equally thorough review made of proposed corrective measures. world S Baber David L. Baker, Chairman Environmental Quality Study Council Date: 12-1- - A-6 - STATE OF CALIFORNIA ENVIRONMENTAL QUALITY STUDY COUNCIL SCHEDULE COUNCIL AND COMMITTEE ACTIVITIES April 10 - December 31, 1969 Date Activity Location April 10 First EQSC Meeting - Orientation Sacramento May 8 Second Regular EQSC Meeting - Sacramento Organization and Planning -- Appointment of Committees June 5 Third Regular EQSC Meeting - Sacramento Planning of Committee Activities; Analysis of AB 413 (California Water Quality Act of 1969) i Presentation on Noise, Department of Public Health June 12 Air Quality Committee Planning Beverly Hills Meeting June 12 Noise Abatement Committee Beverly Hills Planning Meeting June 24 Air Quality Committee Planning Beverly Hills Meeting June 24 Noise Abatement Committee Beverly Hills Planning Meeting June 26 Air Quality Committee Public Palm Springs * hearing regarding Proposed oil Refinery in Coachella Valley, near Palm Springs June 29 Fact-Finding Trip by Chairman, Washington, D.C. thru Noise Abatement Committee, to and Rutgers July 1 confer with Federal Officials University and Technological Experts on Noise Problems and Controls July 7 Water Resources Committee Sacramento Meeting with Water Resources Control Board -- Drafting of Committee Report - B-1 - State of California Environmental Quality Study Council Schedule - Council and Committee Activities Through December 31, 1969, continued Date Activity Location July 9 Land Use Committee Planning Sacramento Meeting July 10 Fourth Regular EQSC Meeting - Sacramento Presentation, Air Pollution Control Officer, Los Angeles County July 22 Noise Abatement Committee Inglewood Meeting with Acoustical Society of America -- Educa- tional Seminar August 7 Meeting re Ad Hoc Committee Commerce Report on State Regulations and Practices, Oil and Gas Operations, and oil Pollution, Chaired by Mr. Samuel A. Egigian, appointed by Chairman Baker to review Report August 14 Public Hearing (Full Council) Palm Springs * on Effects of Proposed Oil Refinery on Air Quality of Coachella Valley August 19 Meeting of Executive Secretary Riverside with Riverside County Board of Supervisors (at their request) re Air Pollution Controls August 21 Fifth Regular EQSC Meeting - Sacramento San Francisco Bay-Delta Sewege Disposal Plan; Power Plant Crisis September 5 Water Resources Committee Meeting Sacramento with Water Resources Control Board -- for preparation of Report September 17 Land Use Committee Public Hearing Los Angeles re Proposed Blacktopping of Los Angeles Library Park September 23 Public Hearing, Noise Abatement Inglewood * Committee - largely concerned with Airport Noise September 25 Sixth Regular EQSC Meeting -- Sacramento State Air Resources Board Presentation - B-2 - State of California Environmental Quality Study Council Schedule - Council and Committee Activities Through December 31, 1969, continued Date Activity Location October 3 Land Use Committee Meeting with San Francisco Planning Experts, and UC, Davis, Ecologist, Dr. Kenneth E. F. Watt October 7 Air Quality Committee Meeting San Francisco with Bay Area Health Committee re Future Hearing in SF Bay Area October 16 Public Hearing (Full Council) Huntington Beach * re Effect of the Growth of the Power Industry on Environmental Quality October 20 Air Quality Committee Meeting - Beverly Hills to review above Hearing October 23 Seventh Regular EQSC Meeting -- Sacramento Water Resources Control Board Presentation October 28 Land Use Committee Planning Malibu Meeting w/Malibu Citizens preparatory to Hearing November 3 Water Resources Committee Sacramento Meeting with Water Resources Control Board to finalize report draft November 4 Land Use Committee Meeting with Malibu Malibu Business Community - preparatory to Hearing November 12 Noise Abatement Committee Palmdale * Public Hearing re proposed Palmdale International Airport; Emphasis on Planning and Decision- Making Process November 14 Water Resources Committee Sacramento Meeting with Water Resources Control Board -- to complete report November 20 Eighth Regular EQSC Meeting - Sacramento State Office of Planning Presentation - B-3 - State of California Environmental Quality Study Council Schedule - Council and Committee Activities Through December 31, 1969, continued Date Activity Location December 3 Public Hearing, Land Use Malibu * and Committee, focusing on December 4 Population Distribution; Existing Land Use Policies; Alternatives December 12 Special EQSC Meeting - to Sacramento Discuss Future Activities; Scheduling; and Operating Philosophy December 18 Ninth Regular EQSC Meeting --- Sacramento Presentation of Report from Governor's Task Force on Solid Waste Management * Denotes public hearing - B-4 - STATE OF CALIFORNIA ENVIRONMENTAL QUALITY STUDY COUNCIL TENTATIVE SCHEDULE OF HEARINGS -- 1970 February 13 San Diego -- Land Use and Water March 7 Livermore -- Air Quality, Water Resources, and Land Use Other hearings contemplated; place and time to be determined 1. Automobile Industry 2. Petroleum Industry 3. Population Distribution 4. Open Space and Agriculture 5. Regional Environmental Quality Management 6. Water Resources and Ocean Pollution - C-1 - $ P