A bill sponsored by Senate President Pro Tem Kevin de Leon, D-Los Angeles, would have added three members to the South Coast Air Quality Management Board, which regulates air quality in Los Angeles, Riverside, San Bernardino and Orange counties.

And while that probably seems as dull as watching paint dry to nearly everyone who just read it, the measure had major implications for Republicans, local governments, business interests, environmentalists and residents of the broad district that has some of the most toxic air in the nation.

De Leon introduced the board-packing plan shortly after Republicans engineered a takeover of the board, swinging the focus from environmentalists to business interests. In December, the board disregarded SCAQMD staff recommendations and instead adopted rules on refineries backed by the oil industry, and in March it ousted the the longtime director who had been seen as anti-business.  

Representatives to the board are local city council members and county supervisors, appointed locally. De Leon’s bill would have added three seats to the 13-member board, appointed by the the Senate Rules Committee (which de Leon chairs), the Assembly speaker and the governor.

During floor debate, proponents argued that the measure was about adding diversity to the almost all-white board that had no Latinos, which defies the demographics of the heavily-Latino region. 

“Needless to say, I’m disappointed,” de Leon told CalWatchdog on Thursday. “Any time people of color are excluded from decision-making processes directly tied to their health and wellbeing, fundamental change is needed. This is a textbook example of institutional racism.”

De Leon added that Los Angeles County Supervisor Mike Antonovich, a Republican who also sits on the SCAQMD board, is termed-out and will soon be replaced by “someone far more progressive on the matter,” likely shifting the balance of power back to the environmentalists. 

However, of the current board’s ethnic composition, and the persistent lack of diversity, belies the fact that it’s largely been in Democratic, or environmentalist, control for years. De Leon did not say whether he’d reintroduce similar measures in the future.

Local control

Many opponents of the measure argued that the bill was a power grab by state policy makers at the expense of local control. And the large bloc of Democrats who either voted no or abstained suggest that the matter is not purely partisan.

“State versus local, that’s what this is about,” said Mike Madrid, a GOP strategist who helped devise the SDAQMD takeover. “It happened to be Republicans, but it was a state/local fight.”

But it was still a big win for Republicans, who are steadily slipping in their share of voter registration throughout the state, face the very real possibility of a Democratic supermajority in the Legislature next year and are not considered a consistent threat in any statewide election. For Republicans, local offices are where they can have a policy impact.

And despite several major policy victories for environmentalists, the defeat of the de Leon measure is a big win for the advocates of economic development. 

John Husing, the chief economist of the Inland Empire Economic Partnership, has been studying Southern California’s economy since 1964. His research suggests a correlation between the rise of poverty and the rise of environmental regulations in the state. Husing argues that while the policies have had a positive impact on air quality in the region, the policies are imbalanced in relation to business development and subsequently drive poverty, which affects health. 

“The whole air-quality, green initiative is having detrimental effect on moving people out of poverty and into the middle class,” Husing said of the SCAQMD region and the neighboring central valley.

Environment v. economy

Environmentalists have often said that any job loss associated with these air-quality policies would be offset by job creation in green sectors. However, Husing says statistics say that isn’t true, at least not in areas with high unemployment, like many communities in the SCAQMD.

Citing data from the California Employment Development Department and the U.S. Bureau of Labor Statistics, Husing said from 2010 to 2016 the U.S. added 836,000 manufacturing jobs, compared to California which added 42,500 — a mere 5.1 percent. While the growth rate is on pace with with the national average, it lags by over 50 percent behind the state’s share of gross state product.

Husing said that the sluggish growth of manufacturing jobs in the state is attributed to three factors: Companies leaving, companies growing beyond the state’s borders and out-of-state companies refusing to grow in the state.

“Whose affected by that? It’s not the companies,” Husing said. “They’re doing fine some place else. It’s workers whose jobs are never created. … So you’re basically cutting off routes to the middle class for those workers.”

The vote

The measure failed just before the stroke of midnight on Wednesday, 30-36. And while it is seen as a victory for Republicans, the measure was largely defeated by the 14 assemblymembers, all Democrats, who didn’t vote.

Those who didn’t vote were Luis Alejo of Watsonville, Joaquin Arambula of Fresno, Kansen Chu of San Jose, Jim Frazier of Oakley, Rich Gordon of Menlo Park, Adam Gray of Merced (who was not present), Kevin Mullin of South San Francisco and Shirley Weber of San Diego. The six who didn’t vote and live in the region were Ian Calderon of Whittier, Eduardo Garcia of Coachella, Mike Gipson of Carson, Roger Hernandez of West Covina, Chris Holden of Pasadena and Patrick O’Donnell of Long Beach.

The perceived retaliation came two months after the West Covina Democrat was asked to step down by the bill’s sponsor amid domestic violence allegations (that he’s denied) surfaced and after being placed under a temporary restraining order from his wife.

Background

The bill, SB1166, was a priority of the Legislative Women’s Caucus and especially its chairwoman, Sen. Hannah-Beth Jackson, who had called for Hernández to step down along with other members of the women’s caucus.

The bill previously passed three Senate committees and the Senate floor along party lines, making it a measure widely supported by Democrats.

Outside the Capitol, it was supported by women’s rights activists like Sandra Fluke, who made national news in 2012 after being called a “slut” and “prostitute” by Rush Limbaugh for advocating for women’s access to birth control at a Congressional hearing while a law student at Georgetown University.

Join me & my fellow #StrongerCA coalition mbrs to urge @Roger_Hernandez stand w/#CA families & supprt @SenHannahBeth #SB1166 #NewParentLeave

— Sandra Fluke (@SandraFluke) June 22, 2016

Another group, the Equal Rights Advocates, which describes themselves as “civil rights champions, fighting since 1974 to expand and protect the opportunities of all women and girls,” also urged support earlier in the day.

.@Roger_Hernandez we urge your 'aye' vote on #SB1166 in Assm. Labor today! All new parents & children need bonding time. #StrongerCA

— EqualRightsAdvocates (@EqualRightsAdv) June 22, 2016

Abstain = No

There were other liberal activists and groups tweeting support, but when the bill came up for a vote in the Assembly Labor and Employment Committee, four of the seven members abstained from voting, including Hernández, the chairman.

Bill was priority of@CaWomensCaucus Jackson had called on committee chair @Roger_Hernandez to step down following domestic abuse accusations

— Katie Orr (@1KatieOrr) June 22, 2016

Hernandez gave no indication at the hearing as to why he abstained from voting, and his office didn’t immediately respond to requests for comment later in the day from CalWatchdog.

.@Roger_Hernandez did not comment on the bill or explain way he abstained during committee hearing.

— Katie Orr (@1KatieOrr) June 22, 2016

How others “voted”

The other members who abstained were Democratic Assemblymen Kansen Chu of San Jose, Patrick O’Donnell of Long Beach and Eric Linder, a Republican from Corona.

Chu and O’Donnell’s offices did not immediately respond to requests for comment from CalWatchdog. A spokesman for Linder told CalWatchdog that Linder supported expanding family leave and the main thrust of the bill, but had concerns over certain provisions.

Democrats Tony Thurmond of Richmond and Kevin McCarty of Sacramento voted in favor of the measure, while Republican Jim Patterson of Fresno voted against. 

Hmm. An all-male committee kills a bill that was priority of the women's caucus. #SB1166 @1KatieOrr @SenHannahBeth

— Laurel Rosenhall (@LaurelRosenhall) June 22, 2016

.@Roger_Hernandez, abstained on #SB1166, preserving the right for employers to threaten new parents with termination if they take #paidleave

— jenya cassidy (@oneunionmom) June 23, 2016

Since the domestic violence allegations surfaced, Speaker Anthony Rendon, D-Paramount, has chosen not to take action against Hernández, including removing him from the Labor and Employment chairmanship. Rendon did not immediately respond to requests for comment about the hearing. 

Allegations

Hernández’s wife, Baldwin Park City Councilmember Susan Rubio, previously accused him of assaulting her 20 times over a three-year period. In divorce court last month, Rubio detailed eight alleged incidents that included being choked with a belt, being beat with a broom while on the ground and being threatened with a knife after having been accused of an affair. 

No charges have been filed against Hernández.

Hernández is termed out of the Assembly. He had hoped to win a seat in Congress held by fellow-Democrat Grace Napolitano, but failed to advance from the primary. Hernández recently blamed his primary failure on Rubio. 

Past allegations

Hernández has been accused of wrongdoing before. In 2012, an ex-girlfriend accused him of domestic violence, although charges were never filed due to insufficient evidence. 

That same year, Hernández was arrested for drunk driving in a state vehicle, but was acquitted by a jury on one charge, while the jury was hung on another. 

And in 2015, allegations of political money laundering against Hernández were dropped by the Fair Political Practices Commission after two key witnesses were unable to testify — one had serious medical issues while the other had passed away. 

Chu’s bill to ask state voters if California should become the third state to opt out of changing the clocks once in the spring and once in the fall to maximize after-work daylight hours in warmer months won its first committee vote this month. He is optimistic about his chances.

The reason the move has to be ratified by state voters instead of just being imposed through the legislative process is because daylight savings time is mandated in California by a 1949 ballot measure. Proposition 12 was sold to voters with expansive arguments — that it would reduce juvenile crime, industrial accidents and car wrecks, and help agriculture and save water.

Chu questions such claims and notes that daylight savings time could lead to more energy use because of air conditioners being used by 9-5 workers who get home while it’s still hot. He also cites evidence that time changes are associated with accidents and health problems.

One argument cited by daylight savings fans in northern, colder states doesn’t hold here, especially in Southern California. It’s that since it’s cold most of the year and the sun goes down by 4 p.m. for several months a year, residents get a chance to maximize their time to go outside while it’s warm. 

Why Hawaii, Arizona disdain time change

But California has one of the nation’s mildest climates, at least among the most populated communities near the coast. And the closer one gets to the equator, the less difference there is between length of day in the summer and in the winter.

These arguments explain why Hawaii has never had daylight savings time since achieving statehood and why Arizona lawmakers voted to opt out of daylight savings in 1968 in their warm state — though Arizonans also emphasized the point Chu makes about air conditioning.

The bill, AB385, passed a Senate committee on a 9-2 vote, overcoming criticism from Sen. Connie Leyva, D-Chino, who said she looked forward every spring to the arrival of daylight savings. Assembly Speaker Anthony Rendon, D-Lakewood, told the Sacramento Bee that he liked the “variety” provided by daylight savings.

The state Senate Appropriations Committee will take up the bill next, but a hearing has not been scheduled yet.

AB385 passed the Assembly unanimously last year. But that was when it was a mundane measure addressing how local governments deal with solid waste. Chu gutted and amended the bill to use it as a vehicle to target daylight savings. The new version will get a new Assembly vote at some point in coming weeks, unless Rendon decides to use his authority as speaker to sideline it.

To become law, the measure needs to be approved by two-thirds of the Assembly and two-thirds of the Senate, then by signed by Gov. Jerry Brown. If that happens quickly enough, it could join one of the most crowded ballots in state history, with 18 or more initiatives expected to be put before voters in November.

A 2014 Rasmussen national poll of 1,000 Americans found 43 percent opposed to continuing with daylight savings. In an online, unscientific poll this February on the Sacramento Bee website, over 80 percent of voters backed California ending daylight savings.

Daylight savings ‘literally creates chaos’

Chu’s proposal is winning attention. A recent article by Riley McAtee on The Ringer — a Los Angeles-based website run by former Grantland boss Bill Simmons — argued that daylight savings was an established public health risk.

Obviously, humanity has to count time — it’s one way we make order of our chaotic existence. But daylight saving time runs opposite to this idea: It …  literally creates chaos: Car crashes, workplace accidents, and even heart attacks are more likely to occur on the first Monday after daylight saving time than on most other days of the year. And it doesn’t even save energy or help farmers, both of which are common misconceptions. Why the hell are we even observing this tradition? …

So, congratulations to California for questioning societal norms and pushing us toward a more efficient future. It’s nice that in a world that increasingly feels like “House of Cards,” there’s a pocket of political activity that more resembles “The West Wing.” Take a bow, Assemblyman Kansen Chu. This is the type of sweeping reform that young political activists everywhere dream of.

Richard Pan, a physician, took in just over $2,800 in gifts and travel payments, including a $440 outing at a San Francisco Giants baseball game, compliments of the Pacific Gas and Electric Co. Pan is now a Democratic state senator representing a Sacramento district.

And Jeff Stone, whose business, Innovative Compounding Pharmacy, is worth over $1 million, took 25 pages to document his property holdings, including a number of manufactured home rentals. The Riverside County Republican, too, is part of the state Senate’s freshman class.

Their financial information is part of the new filings of statements of economic interest for 2014, which went online Tuesday and are available for public perusal.

It’s the first filing for the freshman class of both the Assembly and the Senate — and for the public, it’s the first time to get a glimpse of their wealth as well as their perks.

Elected in November, taking gifts in December

Some got off to a quick start. Ling-Ling Chang, a new Republican assemblywoman from Chino Hills, declared $2,433 in travel payments over four days in December. In that period, she participated in an education symposium for the California Charter Schools Association for $1,258 and a policy summit for TechNet, a group that lobbies for tech giants with a hub in Los Altos, for which she claimed $1,175.

At the same TechNet event, freshman Assemblyman Bill Dodd, a Napa County Democrat, received $340. Both Chang and Dodd noted the money was for speech/panel participation.

Some like gifts in keeping with their interests. State Sen. Bob Hertzberg, a Los Angeles Democrat referred to as a “deal-making, cigar-smoking” guy in a 2004 L.A. Times profile, disclosed $765 in gifts involving cigars.

Hertzberg, a former speaker of the Assembly, is back in Sacramento after spending 13 years in the private sector.

Some of the financial disclosures are on the quirky side: Kansen Chu, a San Jose Democrat Assembly member, holds a financial interest of between $10,000 and $100,000 in NeuroSky, a company that sells a product that claims to use electrodes on your forehead to interpret brainwave electricity – and, yes, to read your mind.

Like most states, California requires annual disclosure of gifts as well as income and property interests. They are submitted to the state’s Fair Political Practices Commission, or FPPC, which also polices alleged violations of the state’s campaign laws.

At the state Assembly level, 18 of the 27 new state Assembly members come from the ranks of city councils. At the upper ranks, five of the 10 new senators are former Assembly members.

Lawmakers with a history of having hands slapped

The FPPC sends warnings to lawmakers who have violated the rules in the form of a public letter. And some taking new offices have already been warned of potential malfeasance.

Jeff Stone received a warning in 2010 about a 2009 vote when he was a supervisor in Riverside County, in which he “may” have violated conflict of interest provisions by awarding funds to a nonprofit that stood to benefit him.

“However, we have determined that an enforcement action for a violation is not warranted, because the funds awarded were restricted and could not be used for administrative costs of your source of income,” the note from the commission stated.

Pan has also received a warning about political behavior when he allegedly received services worth over $500 from a lobbyist who hosted a fundraiser for him in 2012.

Much is made of the staggering wealth of members of Congress, where California Sen. Dianne Feinstein is among the richest senators and Rep. Darrell Issa, R-Vista, is noted as the wealthiest among U.S. representatives.

At the state legislator level, wealth is not so easily tracked in California. Filers must note holdings in both real estate and stock ownership, which can indicate in increase in wealth.

Gifts, though, are more readily tracked. In California, the gift limit for 2013-14 was $440 for goods from a single source.

State Attorney General Kamala Harris in her filing for her final year in 2010 as district attorney in San Francisco reported no personal stock holdings. It was her last year before taking her current office and she received $1,869 in gifts, mostly flowers as a departure present.

In the previous year, 2009, she noted that her book, “Smart on Crime,” had earned her between $10,000 and $100,000 in royalties, although the book was released in October.

Book royalties are usually paid on a semi-annual or quarterly basis.

Newsom likes gifts; Harris, not so much

This year, Harris, the leading Democratic nominee in the race to replace retiring U.S. Sen. Barbara Boxer, has more holdings to declare due to her marriage in August to fellow attorney Douglas Emhoff.

Harris’ filing shows holdings in Comcast, Costco, Home Depot, Nike, Verizon and Visa, which she notes were held in Emhoff’s IRA and are held separately. Harris, as the state’s chief law enforcement officer, could potentially oversee activity involving some of those companies.

Her gifts this time around are more modest: just one receipt of flowers, from Fox Entertainment, declared at $101.

The man initially seen as her rival for Boxer’s U.S. Senate seat, Lt. Gov. Gavin Newsom, has for years accepted more lucrative gifts.

In 2010, Newsom’s last year as mayor of San Francisco, he declared $3,512 in gifts, including tickets to the opera, symphony, sporting events and Cirque du Soleil.

Last year, Newsom, who declared in January that he would not run for Senate, reported $3,781 that again included tickets to sporting events, a crystal trophy and a Christofle tray.