This op-ed originally appeared in the Flashreport
It’s tough for Republicans to feel relevant in Sacramento. The overwhelming Democrat majority in both houses of the legislature and the total lock on every constitutional office in the state ensures that we are seldom needed for more than a one-off deal. To be sure, every session a few Republicans experience an “opportunity” to vote for higher taxes to obtain much needed reforms to budgeting, regulation and other impediments to state solvency and job growth. And, every session the state sinks deeper into debt and increased state spending as a result of a “compromise” that is quickly forgotten.
This year’s opportunity was to increase state taxes by $1 billion on selected industries by passing the mandatory single sales factor. For that swap our Republican (s) “negotiated” a comprehensive California Environmental Quality Act reform that President Pro-Tem of the Senate, Darrell Steinberg, supports. Senator Steinberg is an avid supporter of AB 32 and Cap and Trade, authored SB 375 that mandates crippling regulations for building and transportation statewide. He supports central planning and one size fits all for land use, transportation, and of course, reduction of green house gas emissions, alternative fuels, automobiles, and “green jobs.” So it seems counter-intuitive that he would also support trimming CEQA in a manner that is a developer’s dream and an environmentalist’s nightmare.
It would be nice to have a bi-partisan approach to state issues, but with 52/25 majority of Democrats to the 27/15 Republicans, we are constantly reminded that the ruling party does not need us to govern. We can get used, if we allow our caucus members to be picked off one at a time, but we don’t set the agenda or terms of the negotiations or debate. Nor do we control the unintended consequences and the rapid unwinding of the negotiations once the Majority has what it needs.
So, I can envision the floor debate this week, while 2 Republican Senators rationalize casting their vote for the tax increase in exchange for comprehensive CEQA reform that Republicans will have a hard time not supporting. The Democrats will not be able to convince 41 of their 52 members in the Assembly, nor 21 of their 25 members in the Senate to pass the reforms. Their core constituents in the bay area and the environmental community would “throw the bums out” in the November election.
But the other side of the Democrat coin, State Labor, needs the $8 billion in state debt and federal funds approved for high speed rail out of litigation fast. A perpetual large, debt-funded infrastructure project is what they need for the future. Existing CEQA lawsuits pose a huge impediment to ripping through the Central Valley to build 100 miles of un-electrified track, with no train, no plan and no future funding, which would destroy prime agricultural land, businesses, homes and water infrastructure. They also might be able to squeak out funding for planned proposed tunnel project, promising water to Southern California that would never be delivered, but that we could all pay for, before the CEQA window shuts.
If history is any predictor of the future, the CEQA reform will be whittled away with 41 and 21 votes in the Assembly and Senate respectively, cast by the Majority party, as soon as convenient. Already 33 Democrat Legislators have written a letter of opposition to CEQA reform. No Republican votes will be needed to reverse the CEQA “deal”.
But, allowing that this time may be different, then “trust but verify” should be the prevailing principal on casting a vote for CEQA reform. Republicans can verify in one of three ways:
- Let the majority party put up all the votes to pass the proposed CEQA reforms – if they are in earnest about the need for reform, and keeping their word, this is a simple test; or
- Condition the CEQA reform to be prospective, not retrospective. It should not affect existing project CEQA litigation. We are a rule of law society, but it’s tough to follow rules that are subject to constant manipulations; or
- Exclude the proposed 4th revision of the revised business plan of the California High Speed Rail Authority from the CEQA reform. It should not be difficult to exclude a multi-billion dollar project that has no real business plan, and lacks public support, adds debt and violates the voter approved Prop 1A, $10 billion bond promises from this “compromise.”
We cannot legislate from the minority. In this important election year, we should not allow ourselves to be whipsawed and further diminished when we have no control over outcomes or future changes. Those of us that understand our job as the minority party is to build a bench of like-minded legislators and increase our fold, have a much easier time dealing with the constant temptations. Governed from the devils triangle, San Francisco, Berkeley, Sacramento, “Trust but verify” could never be more applicable to our business community, constituents and our Party.