Advertise Here
Deliver your message to thousands of readers every day.
Our readers are influential opinion makers - politicians, journalists and activists.
Our latest headlines
- Today’s California College Students: Indentured Servants?
- California Must Find the Funds to Feed Students
- PPIC Prop 8 Poll: Republicans and Evangelicals Motivated to Win
- Two Views on the Failure of the Campaign to Defeat Prop 8 and Optimism for Building a Structure for Victory in 2010
- Democrats Propose Majority Vote for California State Budget, Speaker Creates Accountability Committee
- Congressional Candidate Charlie Brown Concedes, Thanks Supporters, and Reflects on What Was Accomplished
- Looking Beyond Funding In Education Reform
About Us
The California Progress Report is published by Frank D. Russo, a longtime observer of and participant in California politics.
About Frank Russo.
About California Progress Report.
Got a news tip? Want to write a guest column? Contact Frank here.
Sponsors
Books
Prop 98 Erodes Essential California Environmental Protections; Prop 99 Protects Our Communities
By Susan Smartt
Executive Director of the California League of Conservation Voters
You may already have received your California absentee ballot. It could be sitting on your coffee table, or in that pile of mail. We want to remind you that the most important thing you can do today for the environment is pick up that ballot, fill it out, vote NO on Proposition 98 and YES on Proposition 99, and send it in.
If you are planning to vote at the polls on June 3, make sure to cast your vote No on Prop 98 and Yes on Prop 99.
Out-of-state property rights extremists who've spent millions to put Proposition 98 on the ballot want you to think it will protect homes—but in reality, legal analysis shows that hidden provisions in Prop 98 would:
• Erode environmental protections, from air and water quality to natural resource protection
• Destroy local land-use planning
• Eliminate other important protections, such as rent control
Here's How California's Environment is at Risk
Prop 98's language would prohibit laws and regulations that "transfer an economic benefit to one or more private persons at the expense of the private owner." The problem with that language is that courts have ruled that virtually all environmental protections technically impose costs on the affected party and transfer economic benefits to other private parties.
Therefore, Prop 98 would instantly gut a wide range of laws and regulations that protect our environment and regulate growth and development, such as:
• AB 32 Regulations to reduce greenhouse gas emissions and other laws to limit climate change;
• Water supply and water quality protections that ensure adequate supply and quality for species protection, such as waterfowl, salmon, and delta fish; or for maintaining the beauty of natural treasures like Lake Tahoe;
• Regulations to protect sensitive wetland areas, including limiting development on or near wetlands;
• Urban limit lines and other growth control measures intended to stop sprawl and uncontrolled development, and to protect open space;
• California Environmental Quality Act mitigations that cities, counties and public agencies require of developers to mitigate environmental impacts of developments;
• Protections of endangered species and their habitats;
• Protection of coastal areas, farmland, and ranchland, as well as cultural and historic sites;
• "Smart growth" regulations designed to promote compact, walkable, and transit-oriented communities that combine residential and commercial land uses;
• Ordinary zoning regulations, such as restrictions on the development of polluting industries, adult businesses, and "big box" megastores; and
• Regulations intended to protect old growth forests by limiting timber harvests.
Read the legal analysis by the respected environmental law firm of Shute, Mihaly & Weinberger that has found that hidden provisions in this measure would wipe out these regulations and laws intended to protect our environment.
Planning and Zoning Nightmares
Here are just a few examples of the planning and zoning nightmares it would create:
• Downtowns A local government decision to encourage development of its downtown could be attacked as creating an economic transfer to the downtown store owners at the expense of big box outlets that may want to open at the city’s periphery. But, a decision to permit the opening of a big box outlet could also be attacked by the downtown merchants as creating an economic transfer to the big box outlet at their expense.
• Liquor Stores. A local government decision to disallow liquor stores in certain residential areas could be attacked by the liquor stores as increasing residential property values at their expense. But, a decision to allow a liquor store could be attacked by the neighbors as transferring an economic benefit to the liquor store at the expense of their property values.
• New Subdivision. A decision to approve a new subdivision that will increase traffic significantly could be attacked by local neighbors as transferring an economic benefit to the developer as the expense of their property values. But, denial of the new subdivision could also be attacked by the developer as a transfer of economic benefit from it to the neighboring property owners.
• Hillside Protection. A local government decision to restrict development on steep hillsides could be attacked by the developer as an economic transfer from the hillside property to protect the views and values of the properties at the top of the hill. But, a decision to allow development on the hillside could also be attacked by the neighbors as an economic transfer to the developer that causes a reduction in their property values.
Why Renters Should OPPOSE Prop. 98: The Landlords’ Hidden Agendas Scheme to Eliminate Rent Control and Renter-Protections
Wealthy apartment and mobile home park owners are spending millions on a deceptive campaign to pass Prop. 98 for their own financial gain. Their hidden agenda is to eliminate rent control so they can make hundreds of millions of dollars by raising rents on seniors and working families.
Unless defeated, Prop. 98 — The Landlords’ Hidden Agendas Scheme — would:
Eliminate rent control and other renter protection laws. Proposition 98 would phase out rent control in California. It would prohibit future rent control laws and abolish rent control on units once existing tenants move. As a result, Prop. 98 would jeopardize affordable housing for thousands of seniors and widows on fixed incomes, single mothers and working families.
Attack protections for mobile home owners. Under Prop. 98, mobile home park owners could not be prevented by state or local governments from pursuing what are called “condo conversions.” Under condo conversions, park owners can force mobile homeowners to buy the space their home occupies at a cost of hundreds of thousands of dollars per unit. This would leave mobile homeowners stuck in a lose/lose situation - forced to pay hundreds of thousands of dollars for the land underneath their units, or tens of thousands to relocate. Unable to pay either of these costs, many seniors and low-income mobile homeowners could be forced out of their homes altogether.
Destroy value of mobile homes. Because Prop. 98 would eliminate rent control as soon as the current tenant vacates the property, mobile home owners will face extreme difficulty trying to sell their units. Potential buyers will be discouraged from purchasing the mobile home because rent control protections on space will be lost when units are sold – destroying the equity in these life-long investments for many seniors.
Gut laws that protect renters. Proposition 98 would also jeopardize dozens of laws that protect renters. It would:
• Jeopardize laws requiring the fair return of rental deposits
• Jeopardize laws requiring 60-day notice before forcing renters out of their housing
• Outlaw local affordable housing and “inclusionary zoning” requirements
• Jeopardize laws that protect seniors and the disabled from drastic rent increases and that require landlords to give them ample notice before forcing them out of rental housing
On June 3 (or on your absentee ballot), remember to vote NO on Proposition 98 and to vote YES on Proposition 99.
Also on the June ballot is a real eminent domain reform measure (prohibiting government from taking homes to transfer to private developers): Prop 99, the Homeowners Protection Act. Prop 99 is straightforward reform without the hidden agendas and adverse consequences of Prop 98. Prop 99 is supported by a broad coalition of homeowners, business, labor, cities, counties and environmentalists.
Because turnout is expected to be low on June 3, your vote is especially critical to stop Proposition 98 and elect environmental champions. Read more about what's at stake on June 3.
Take action today: Forward this article, talk to your friends--and remember to vote.
The California League of Conservation Voters works to elect the best environmental leaders, keep them accountable, and implement strong environmental laws in California. Candidates know that their endorsement is one of the premier environmental endorsements in the state, because their endorsement process is so rigorous. (CLCV routinely elects over 90% of the candidates it endorses.) When CLCV advocates for strong environmental laws, legislators and public officials take note of more than three decades of success and the more than 20,000 CLCV members who stand behind their work.
Comments
Stop the lies! The California Superior Court and the Legislative Analyst have both flatly rejected the claim that it undermines environmental regulations. You guys are omitting a very important part. It prohibits regulations that are enacted IN ORDER TO (for the express purpose of) transfer an economic benefit... Environmental regulations do result in some fringe benefit transfer, but they are enacted IN ORDER TO benefit the public
99 is bogus, and it codifies existing practice in California's Constitution. If you believe rent control is worth defending, vote no on both. But don't believe the lies about 98 affecting all kinds of regulations. It's simply not true
Posted by: Ben at May 18, 2008 06:38 AM
Ben: You are just flat out wrong--if you take the time to read or at least look at the letter referened in this article by a respected law firm. This is why all sorts of environmental organizations, a wide coalition, and our Republican Governor all oppose this overreaching ballot proposition. Be careful before you call someone a liar.
Posted by: Frank D. Russo at May 18, 2008 07:15 AM
I think Ben is right on...
According to the Ca Superior court Prop. 98 does not include regulatory takings provisions that require compensation to property owners for all financial damages to their property. State’s ballot summary says that Prop. 98’s net fiscal effects “probably would not be significant".
"Gut laws that protect renters"... Prop98 would phase out rent control after a tenant moves out. Prop 98 would not effect California state landlord/tenant laws because they are separate from local rent control laws. Mobile home park owners should be able to use their land how ever they wish. That's the way it should be in America.
Prop.98.is the real deal Prop.99 is a scam!
Posted by: Bill at May 18, 2008 03:10 PM
Post a comment
Get Email Updates
Want the California Progress Report by email? Once a week, we'll send you the latest and greatest headlines.
© 2008 California Progress Report Our copyright and fair use policy.
Powered by Mandate Media. Logo design by Jane Norling.
RSS 