California Indian Environmental Alliance Lobbying Workshop Draft Agenda

California Indian Environmental Alliance
Sponsored by
Environmental Health Legislative Working Group (EHLWG)

Legislation Education
&
Lobbying Workshop

DRAFT

Bill Montes-Pack
Legislative Analyst
bill@cieaweb.org

September 26, 2010
Orleans, California

Laser printer paper from sustainable souces, divider paper from 100% recycled

California Indian Environmental Alliance DRAFT

Agenda

Saturday, September 26th 2010

Noon Lunch and Chat

1:00PM Plenary: Mercury in Body & In the Environment
(1 ½ hours)
Sherri Norris, California Environmental Alliance

2:30PM Regulatory Update: TMDLs
Andria Ventura, Clean Water Action

OR

Legislation & Lobbying Workshop
Bill Montes-Pack, California Indian Environmental Alliance

3:00PM Who’s Doing What?

4:00PM Next Steps

Page 1 of 12

Legislation & Lobbying Workshop

1. Introduction
2. Understanding the CA State Legislative Process: How A Bill Becomes A Law
a. Legislative Process Game
i. Handout: EHLWG CA Legislative Process Summary
b. Legislative Calendar
i. http://www.legislature.ca.gov/the_state_legislature/calendar_and_schedules/calendar_schedules.html
3. Committees
a. Communicating at a committee hearing
i. Handout: Pesticide Watch’s Working with Committees
b. Committee Calendars
i. http://www.assembly.ca.gov/acs/defaulttext.asp click on Daily File
ii. http://www.sen.ca.gov/~newsen/schedules/scheduels.htp
4. Lobbying: Communicating Effectively with Legislators & Their Staff
a. Platform & talking points
i. Handout: CIEA’s example talking-points
b. Campaign
i. Telling your story
1. Handout: Pesticide Watch’s Telling Your Story
c. Collateral
i. Business cards
ii. Talking-points sheet
iii. Brochures
iv. Story
d. Lobbying (handout: ELHWG’s Guide to Communicating Effectively with
Legislators)
i. Lobbying exercise
ii. Lobbying tips
1. Submitting letters on bills
a. Handout: CIEA’s example to Schwarzenegger & Feinstein
2. Setting up meetings in Sacramento or home districts
a. Handout: ELHWG’s Meeting with Public Officials
5. Legislation updates
a. Proposition-18 ($11 billion water bond) pushed to 2012 ballot (A.B. 1265)
b. Tell the FDA That Genetically Engineered Salmon is Not OK!
c. Handouts: Factsheets
i. SB 1157 (DeSaulnier) – Healthy Schools Act of 2010
1. passed: to Governor
ii. AB 1963 (Nava) – Farm Workers Health Act
iii. SB 797 (Pavley) – Toxics-Free Babies and Toddlers Act (Product safety: bisphenol A)
1. active: Senate refuses to concur
iv. SB 929 (Pavley) – Cadmium-containing Children’s Jewelry
v. SB 194 (Florez) – Equitable Investment in Disadvantaged Communities’
1. Passed: to Governor

Page 2 of 12


The Legislative Process
If you want to create a law

1. Bill Idea
2. Find an Author
a. Author decides how to amend
b. Committees do not
3. Legislative Council
4. Rules Committee (senior leadership)
5. Policy Committees (issue areas)
6. Fiscal Committees (AKA Appropriations Committees)
7. First Reading
a. On record & given timeline
b. Read on floor of house of origin
c. Floor lobbying begins
d. Bill changes (amended)
8. Second Reading
9. Pass out of house of origin
10. Other Rules Committees
11. Other House’s Corresponding Policy Committees
12. Other Fiscal (Appropriations) Committees
13. Resolution of Differences (leadership)
14. Bill Goes to Governor (sign or veto)
a. Majority of legislators – 2/3 can override veto

Areas of Influences
• Almost every step

Types of Influence
1. Call legislative office
2. Testify at committee hearings
3. Lobby
4. Letters & faxes

Page 3 of 12


Committees
If you want to support or defeat a bill

What is a committee?
Policy committee hearings are the forums for public input, the best place for citizens to
communicate their concerns about proposed legislation. Bills are heard in Standing Committees
which meet on a regular basis throughout the year. Many standing committees have Sub-
Committees that focus in more depth on particular issues. Select Committees and Special
Committees study California policy issues and problems in order to develop longer range solutions.
Joint Committees have membership from both houses and consider issues of joint concern.
(source: California State Senate, http://www.sen.ca.gov/~newsen/committees/committees.HTP)

Rules Committees
The Rules Committee decides what policy committee a bill will be assigned to based on the subject
area. E.g. a Senate bill dealing with health care will be first assigned to the Senate Health and
Human Services Committee for policy review
(source: EHLWG, California Legislative Process Summary)

Policy Committees
These are the committees where you will be providing your feedback regarding a bill that you either
oppose or support. The author of a bill will present that bill to the particular committee and
testimony will by heard by you. Bills can be amended many times. Letter of support or opposition
are important should be mailed to the author and committee members before the bill is scheduled to
be heard in committee. It takes a majority vote of the full committee for a bill to be passed by the
committee. Prior to a bill’s hearing, a bill analysis is prepared that explains current law, what the
bill is intended to do, and some background information.
(source: EHLWG, California Legislative Process Summary)

Each house has a schedule of committees on their websites:
Senate Committees
http://www.sen.ca.gov/~newsen/schedules/scheduels.htp

Assembly Committees
http://www.assembly.ca.gov
Click on Assembly Daily File

Fiscal (Appropriations) Committee
Bills that cost the state money must be heard in the fiscal committees: the Senate Appropriations or
Assembly Appropriations. Each house has a number of policy committees and a fiscal committee.

Page 4 of 12


Lobbying
How to influence a bill
1. Platform & talking points
a. Handout: CIEA’s example talking-point sheet
2. Campaign
a. Telling your story
i. Handout: Pesticide Watch’s handout: Telling Your Story
3. Collateral
a. Talking-points sheet
b. Brochures
c. Story
d. Business cards
4. Lobbying (Handout: ELHWG’s Guide to Communicating Effectively with Legislators)
a. Lobbying exercise (if time) – use CVAQ’s Story-telling cards
b. Lobbying tips
i. Setting up meetings in Sacramento or home districts
1. Handout: ELHWG’s Meeting with Public Officials
ii. Submitting letters on bills
1. Handout: CIEA’s example to Schwarzenegger & Feinstein

Your Story
1. Introduce yourself and your organization (if you are working with one)
2. Tell the representative the bill you support or oppose
3. Be brief, professional and inspirational
4. Use emotion to tell your personal story

When Meeting with Legislators or Their Staff
1. Introduce yourself and your organization if you’re representing one
2. Thank them for their past support
3. Distribute talking-points sheet & brochures
4. Update them on your efforts
5. Tell your story
6. Get feedback from them about your issue or campaign
7. Your “Ask” statement (what do you want them to do)
8. Thank you and leave your business card
9. Update your database and send a thank-you note

Submitting letters
1. Legislator’s use letters & faxes to determine public opinion
2. Subject line: support or oppose, bill #
3. Letters MUST have handwritten signature to be counted
4. Submit letters at critical states of legislative process, send to all who have influence

Page 5 of 12

Legislation Updates

Proposition-18 ($11 billion water bond) pushed to 2012 ballot (A.B. 1265)

Tell the FDA That Genetically Engineered Salmon is Not OK!
Please join the Center for Food Safety and send your comments about this important issue to
the FDA by Saturday, September 18. The hearing for approval is happening this Sunday,
September 19. Let the FDA know that genetically engineered salmon are a dangerous threat
to our environment and human health! As Native peoples, wild salmon are an integral part
of our traditions, cultures, and economies.

The "fish" in question have been developed by AquaBounty Technologies and produce
growth hormones year round, completing an "advanced" and unnatural life cycle. The
impacts of escaped farmed salmon on wild salmon populations are enormous. Don't let the
FDA harm wild salmon populations or Native peoples any further!

For more information about this issue and to send your comments, please go to :
https://secure3.convio.net/cfs/site/Advocacy?cmd=display&page=UserAction&id=325

Handouts: Factsheets
• SB 1157 (DeSaulnier) – Healthy Schools Act of 2010
o passed: to Governor
• AB 1963 (Nava) – Farm Workers Health Act
• SB 797 (Pavley) – Toxics-Free Babies and Toddlers Act (Product safety: bisphenol A)
o active: Senate refuses to concur
• SB 929 (Pavley) – Cadmium-containing Children’s Jewelry
• SB 194 (Florez) – Equitable Investment in Disadvantaged Communities’
o Passed: to Governor

Page 6 of 12


Your Districts

Senate Districts Assembly Districts

Page 7 of 12

CA State Senators CA State Assemblymembers
http://www.sen.ca.gov/~newsen/senate.htm http://www.assembly.ca.gov

(Dist. 4 - Rep) (Dist. 1 - Dem)
Senator Sam Aanestad Assembly Member Wesley Chesbro

Capitol Address Capitol Address
State Capitol State Capitol
Room 3063 Room 2176
Sacramento, CA 94248-0001 Sacramento, CA 94249-0001
(916) 651-4004 (916) 319-2001

District Address District Address
200 Providence Mine Road Suite 108 50 D Street Suite 450
Nevada City, CA 95959 Santa Rosa, CA 95404
(530) 470-1846 (707) 576-2526

(Dist. 2 - Dem) (Dist. 2 - Rep)
Senator Patricia Wiggins Assembly Member Jim Nielsen

Room 4081 Room 6031
(916) 651-4002 (916) 319-2002

50 D Street Suite 120-A 280 Hemsted Suite 110
Santa Rosa, CA 95404 Redding, CA 96002
(707) 576-2771 (530) 223-6300

(Dist. 5 - Dem) (Dist. 3 - Rep)
Senator Lois Wolk Assembly Member Dan Logue

Room 4032 Room 4158
(916) 651-4005 (916) 319-2003

31 East Channel St. Suite 440 1550 Humboldt Road Suite 4
Stockton, CA 95202 Chico, CA 95928
(209) 948-7930 (530) 895-4217

Dist. 10 - Dem)
Assembly Member Alyson Huber

Capitol Address
State Capitol
Room 2179
Sacramento, CA 94249-0010
(916) 319-2010

District Address
218 West Pine Street
Lodi, CA 95240
(209) 333-5330

Page 8 of 12

Additional Resources and Links

Secondary committee schedule:
http://www.leginfo.ca.gov/todevnt.html

Regulatory: How to Participate in the Rulemaking Process
http://www.oal.ca.gov/res/docs/pdf/HowToParticipate.pdf

Federal: Tribal Court Clearing House
http://www.tribal-institute.org/

California Comprehensive Law
http://www.ll.georgetown.edu/states/california-in-depth.cfm

Regulatory: California Office of Administrative Law Homepage:
http://www.oal.ca.gov/
(includes schedule of public comment hearings)

Regulatory: List of State Agencies
http://www.ca.gov/CaSearch/Agencies.aspx

Page 10 of 12

Glossary of Terms
Amend: Formal proposal to change the language of a bill after it has been introduced.

Appropriations Committee: Both the Senate and the Assembly have Appropriations Committees. Any bill that
requires the expenditure of funds must be heard in one of these fiscal committees. This committee looks at how the bill
can be financially feasible.

Assembly: The lower house of the California Legislature, consisting of 80 members, elected from districts apportioned
on the basis of population, who, under term limits, can serve three two-year terms.

Author of a Bill: A Senator or Assembly Member who agrees to take leadership on a bill idea through the legislative
process.

California Code: Bound volumes of law organized by subject matter. The code sections to be added, amended, or
repealed by a bill are identified in the title of the bill.

Concurrence: The approval by the house of origin of a bill as amended in the other house. If the author is unwilling to
move the bill as amended by the other house, the author requests "nonconcurrence" in the bill and asks for the formation
of a conference committee.

First House: The house where the bill originated; determined by the author being either a Senator or Assembly
Member. For instance, if a Senator is the author, then the first house will be the Senate. If an Assembly Member is the
author, then the Assembly will be the first house.

Floor: The Assembly or Senate Chambers.

House of Origin: Either the Assembly or the Senate, depending on whether a Senator or an Assembly Member is the
author of the bill.

Legislative Counsel: A person who acts as the Legislature’s lawyer, who is directly involved in the drafting of
proposed legislation.
Legislation: The same as a bill. A proposed law introduced in the Assembly or Senate and identified with a number.

Policy Committee: Each house of the Legislature has a number of committees referred to as “policy” committees.
These committees hold public hearings where stakeholders can offer testimony in support or in opposition of bills. The
committee members then vote in favor of or against passing the bill to another policy committee or to the floor of the
house. Examples of policy committees are: “Assembly Committee on Environmental Safety and Toxic Materials” or
“Senate Committee on Natural Resources and Water.”

Reading of a Bill: When a Senator or Assembly member presents a bill before their own house during a floor session.

Rules Committee: A committee that reviews bills and decides which policy committees they should be sent to. This
committee also reviews bills to make sure they are going through the correct and appropriate legislative process.

Second House: Once the bill passes through the house or origin, it must then go through another house before it can
become law. For instance, if a bill passes out of the Senate, it must then go to the Assembly and vice versa.

Veto: The Governor's formal rejection of a measure passed by the Legislature. The Governor may also exercise a line
item veto, whereby the amount of an appropriation is reduced or eliminated, while the rest of the bill is approved. A
veto may be overridden by a two-thirds vote in each house.

Senate: The upper house of the California Legislature, consisting of 40 members elected from districts apportioned on
the basis of population, one-half of whole are elected or re-elected every two years. Under term limits, can serve two
four-year terms.

Page 11 of 12

THE LIFE CYCLE OF LEGISLATION
From Idea into Law
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COMMITTEE HEARING: CO Policy or Appropriations CO
INTRODUCED Policy or Appropriations IN IN
ASSEMBLY RULES Bill may not LD THIRD CHAIRPERSON LD
BY CHAIRPERSON HE HE
BILL COMMITTEE be heard by SECOND ASSEMBLY AND MEMBERS
MEMBER, AND MEMBERS FIRST RULES THIRD
PREPARED committee COMMITTEE ASSEMBLY READING COMMITTEE SECOND
ASSEMBLY NUMBERED, ASSIGNS TESTIFY: SENATE ASSIGNS SENATE
BY
FIRST BILL TO until 31st RECOMENDATIONS READING DEBATE TO SENATE READING BILLS TO TESTIMONY BY: RECOMENDATIONS SENATE READING
MEMBER LEGISLATIVE COMMITTEE day after
BILL AUTHOR PASS
VOTE BILL AUTHOR
PASS
READING
READING, CITIZENS COMMITTEE DEBATE
COUNSEL introduction CITIZENS
PRINTED EXPERTS VOTE
EXPERTS
LOBBYISTS PASSED WITH SENATE AMENDMENTS
LOBBYISTS

Revised Revised
Proposed Third Proposed Third RETURN TO ASSEMBLY FLOOR

WITHOUT SENATE AMENDMENTS
Amendments Reading Amendments Reading Concurrence in Senate Amendments
SUGGESTIONS FOR NEEDED LEGISLATION FROM

Analysis Analysis

LEGISLATURE
HAS 60 DAYS
THE CALIFORNIA LEGISLATURE (not including
Agencies, Citizens, Governor, Lobbyists

YES NO
joint recesses)
A S S E M B LY R U L E S C O M M I T T E E TO OVERRIDE VETO
VETO WITH
2/3 VOTE IN CONFERENCE COMMITTEE
Although the procedure can become complicated, this chart shows the essential EACH HOUSE 3 Assembly 3 Senate
steps for passage of a bill. Members Members
** Assembly policy committee
will do Governor's Veto analysis
Typical committee actions are used to simplify charting the course of legislation.
CONFERENCE REPORT

Some bills require hearings by more than one committee, in which case a
BILL IS CHAPTERED BY
committee may re–refer the bill to another committee. For example, bills with SECRETARY OF STATE
monetary implications must be re–referred to the proper fiscal committee in each
Bill becomes law January 1st
House before they are sent to the second reading file and final action. of the following year unless it
contains an urgency clause
(takes effect immediately) or
SIGN GOVERNOR YES ASSEMBLY
and
NO

A bill may be amended at various times as it moves through the Houses. The bill SENATE
specifies its own effective Adopt
must be reprinted each time an amendment is adopted by either house. All bill date. Conference
Report
actions are printed in the DAILY FILES, JOURNALS and HISTORIES.

WITHOUT ASSEMBLY AMENDMENTS
If a bill is amended in the opposite House, it is returned to the House of Origin for *Follow same
concurrence in amendments. If House of Origin does not concur, a Conference procedures
as in the
Committee Report must then be adopted by each House before the bill can be Assembly
sent to the Governor. BECOMES LAW WITHOUT SIGNATURE

RETURN TO SENATE FLOOR
D Concurrence in Assembly Amendments

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COMMITTEE HEARING: C OM COMMITTEE HEARING:
C OM
SENATE INTRODUCED IN Policy or Appropriations IN PASSED WITH ASSEMBLY AMENDMENTS
BY Bill may not
Policy or Appropriations LD RULES CHAIRPERSON LD
BILL RULES CHAIRPERSON HE THIRD HE
MEMBER, COMMITTEE be heard by COMMITTEE AND MEMBERS THIRD
PREPARED AND MEMBERS SECOND SENATE FIRST COMMITTEE
NUMBERED, ASSIGNS committee COMMITTEE ASSIGNS SECOND ASSEMBLY
SENATOR BY TESTIFY: SENATE READING TO ASSEMBLY ASSEMBLY RECOMENDATIONS
FIRST BILL TO until 31st RECOMENDATIONS BILLS TO TESTIMONY BY: ASSEMBLY READING
LEGISLATIVE BILL AUTHOR PASS READING DEBATE READING PASS
READING, COMMITTEE day after COMMITTEE BILL AUTHOR READING DEBATE
COUNSEL CITIZENS VOTE
PRINTED introduction CITIZENS VOTE
EXPERTS
EXPERTS
LOBBYISTS
LOBBYISTS

Revised Revised
Proposed Third Proposed Third
Amendments Reading Amendments Reading
Analysis Analysis

Sponsored by
Environmental Health Legislative Working Group (EHLWG)

Workshop Documents

Laser printer paper from sustainable sources, divider paper from 100% recycled paper

2010 TENTATIVE LEGISLATIVE CALENDAR
COMPILED BY THE SECRETARY OF THE SENATE & THE OFFICE OF THE ASSEMBLY CHIEF CLERK
Revised 12-4-09

DEADLINES
Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)).

Jan. 4 Legislature reconvenes (J.R. 51(a)(4)).
JANUARY
Jan. 10 Budget must be submitted by Governor (Art. IV, Sec. 12 (a)).
S M T W TH F S
Jan. 15 Last day for policy committees to hear and report bills
Interim 1 2 introduced in 2009 for referral to fiscal committees
Recess (J.R. 61(b)(1)).
Wk. 1 3 4 5 6 7 8 9
Jan. 18 Martin Luther King, Jr. Day.
Wk. 2 10 11 12 13 14 15 16
Jan. 22 Last day for any committee to hear and report to the Floor bills
Wk. 3 17 18 19 20 21 22 23 introduced in their house in 2009 (J.R. 61(b)(2)). Last day to submit bill
requests to the Office of Legislative Counsel.
Wk. 4 24 25 26 27 28 29 30 Jan. 31 Last day for each house to pass bills introduced in 2009
Wk. 1 (J.R. 61(b)(3)) (Art. IV, Sec. 10(c)).
31

FEBRUARY
S M T W TH F S
Wk. 1 1 2 3 4 5 6
Wk. 2 7 8 9 10 11 12 13
Wk. 3 14 15 16 17 18 19 20 Feb. 15 Presidents’ Day observed.
Wk. 4 21 22 23 24 25 26 27 Feb. 19 Last day for bills to be introduced (J.R. 61(b)(4), J.R. 54(a)).
Wk. 1 28

MARCH
S M T W TH F S
Wk. 1 1 2 3 4 5 6
Wk. 2 7 8 9 10 11 12 13
Wk. 3 14 15 16 17 18 19 20 Mar. 25 Spring Recess begins upon adjournment (J.R. 51(b)(1)).
Wk. 4 21 22 23 24 25 26 27 Mar. 29 Cesar Chavez Day observed.
Spring 28 29 30 31
Recess

APRIL
S M T W TH F S
Spring 1 2 3
Recess Apr. 5 Legislature reconvenes from Spring Recess (J.R. 51 (b)(1)).
Wk. 1 4 5 6 7 8 9 10 Apr. 23 Last day for policy committees to hear and report to fiscal
committees fiscal bills introduced in their house (J.R. 61(b)(5)).
Wk. 2 11 12 13 14 15 16 17
Wk. 3 18 19 20 21 22 23 24
Wk. 4 25 26 27 28 29 30

MAY
S M T W TH F S
Wk. 4 1
May 7 Last day for policy committees to hear and report to the floor nonfiscal
Wk. 1 2 3 4 5 6 7 8 bills introduced in their house (J.R. 61(b)(6)).

Wk. 2 9 10 11 12 13 14 15 May 14 Last day for policy committees to meet prior to June 7 (J.R. 61(b)(7)).

Wk. 3 16 17 18 19 20 21 22 May 28 Last day for fiscal committees to hear and report to the floor
bills introduced in their house (J.R. 61 (b)(8)). Last day for fiscal
Wk. 4 23 24 25 26 27 28 29 committees to meet prior to June 7 (J.R. 61 (b)(9)).

No 30 31 May 31 Memorial Day observed.
Hrgs.

*Holiday schedule subject to final approval by Rules Committee.
Page 1 of 2

2010 TENTATIVE LEGISLATIVE CALENDAR
COMPILED BY THE SECRETARY OF THE SENATE & THE OFFICE OF THE ASSEMBLY CHIEF CLERK
Revised 12-4-09

JUNE
June 1-4 Floor session only. No committee may meet for any purpose (J.R.
S M T W TH F S 61(b)(10)).
No 1 2 3 4 5
Hrgs. June 4 Last day to pass bills out of house of origin (J.R. 61(b)(11)).
Wk. 1 6 7 8 9 10 11 12
Wk. 2 June 7 Committee meetings may resume (J.R. 61(b)(12)).
13 14 15 16 17 18 19
Wk. 3 June 15 Budget Bill must be passed by midnight (Art. IV, Sec. 12(c)).
20 21 22 23 24 25 26
Wk. 4 June 24 Last day for a legislative measure to qualify for the Nov. 2
27 28 29 30 General Election ballot. (Elec. Code Sec. 9040)

JULY
S M T W TH F S
Wk. 4 1 2 3 July 2 Last day for policy committees to hear and report bills (J.R. 61(b)(13)).
Summer Recess begins on adjournment, provided Budget Bill has been
Summer 4 5 6 7 8 9 10 passed (J.R. 51(b)(2)).
Recess
Summer 11 12 13 14 15 16 17 July 5 Independence Day observed.
Recess
Summer 18 19 20 21 22 23 24
Recess
Summer 25 26 27 28 29 30 31
Recess

AUGUST
S M T W TH F S Aug. 2 Legislature reconvenes from Summer Recess (J.R. 51(b)(2)).
Wk. 1 1 2 3 4 5 6 7 Aug. 13 Last day for fiscal committees to hear and report bills to the Floor
Wk. 2 (J.R. 61(b)(14)).
8 9 10 11 12 13 14
No Aug. 16 - 31 Floor session only. No committee may meet for any purpose
15 16 17 18 19 20 21 (J.R. 61(b)(15)).
Hrgs.
No 22 23 24 25 26 27 28
Hrgs. Aug. 20 Last day to amend on the Floor (J.R. 61(b)(16)).
No 29 30 31 Aug. 31 Last day for any bill to be passed (Art. IV, Sec 10(c), J.R. 61(b)(17)).
Hrgs.
Final Recess begins on adjournment (J.R. 51(b)(3)).

IMPORTANT DATES OCCURRING DURING FINAL RECESS

2010
Sept. 30 Last day for Governor to sign or veto bills passed by the Legislature before Sept. 1
and in the Governor’s possession on or after Sept. 1 (Art. IV, Sec.10(b)(2)).

Oct. 2 Bills enacted on or before this date take effect January 1, 2011 (Art. IV, Sec. 8(c)).

Nov. 2 General Election.

Nov. 30 Adjournment sine die at midnight (Art. IV, Sec. 3(a)).

Dec. 6 2011-12 Regular Session convenes for Organizational Session at 12 noon
(Art. IV, Sec. 3(a)).

2011
Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)).

*Holiday schedule subject to final approval by Rules Committee. Page 2 of 2

California Environmental Alliance (CIEA) is a tribal environmental health non-profit whose
programmatic focus is building partnerships between tribes, agencies, and local governments. We
provide health education and hold strategy conferences to build tribal capacity to address mining toxins,
which are a threat to native cultures and traditions.

Problem Statement:
• It is estimated that 11-13 million pounds of mercury is working its way though California’s
rivers, lakes and streams from over 26,000 known abandoned mines left over from the California
Gold Rush.
• Each of these mines will cost at minimum $1 million to cleanup.
• Recent studies estimate that 74% of our lakes and reservoirs will require regulation, fish
consumption advisories, and remediation. Of these, 26% contain fish unfit for human
consumption.
• To many people in our state, including California Indian tribal members, this severs our ability to
practice our distinct cultures.
• We have a unique opportunity for tribes, agencies, communities, and legislators to work together
to address this need - even in the face of our current economic crisis.

Solutions:
CIEA holds annual mercury strategy meetings and is part of a number of working groups with agencies,
medical health care providers, community based organizations, and tribes. The following points have
become clear:
• Cleanup efforts could be revenue generating through partnerships with tribes, agencies, state
government and communities. These can leverage federal funds and provide revenue to local
economies. For example: tribes can include studies, community meetings, and/or mine cleanup in
their annual federal funding, apply in partnership for new funding or use current regulatory
mechanisms for dischargers to support community cleanup and habitat restoration projects.
• There are ways of integrating mercury health education into existing health care service programs
such as those for diabetes, nutrition, and childhood lead prevention programs.
• The consultation requirement should take place earlier so that our work is initiated in a more
transparent and effective way. In practice, state agencies do not often initiate “tribal consultation”
early enough when planning or implementing projects affecting tribes. Consequently, these
projects are delayed, cost more, require additional studies, are remanded, or must be reworked
when federal approval or oversight begins.

We Invite You To:
• Assist us in communicating with your office – join our Listserve and/or identify a point person in
your office for direct communication
• Participate in upcoming strategy meetings with tribal representatives, agencies, and community
members

For more information contact us at (510) 848-2043 or by email at sherri@cieaweb.org.

August 28, 2008

Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814

Senator Dianne Feinstein
United States Senate
331 Hart Senate Office Building
Washington, D.C. 20510

Dear Governor Schwarzenegger and Senator Feinstein,

The California Indian Environmental Alliance (CIEA) does not support the Feinstein
– Schwarzenegger water bond proposal ABx2 8 slated for the November 2008 ballot.

CIEA is a statewide alliance of California indigenous communities. Our mission is to
protect and restore California Indian Peoples’ cultural traditions, ancestral territories,
means of subsistence, and environmental health. Our program work specifically addresses
the human health effects of mining toxins left over from the California Gold Rush by
promoting fish consumption and the necessary healthy fish habitat as the best solution for
California family health.

The following reasons are why we cannot support the Feinstein-Schwarzenegger $ 9.3
billion water bond proposal also known as the ABx2 8 – Safe, Clean, Reliable Drinking Water
Supply Act of 2008,

A $ 9.3 billion bond is counter-productive in California’s current fiscal crisis

Use the current $ 6 billion allocated in the 2006 water bond before taking on additional
debt and authorize the $ 800 million in unspent water funds.

Water-conveyance is inefficient and environmentally damaging

Previous water-conveyance projects have contributed to the current Delta, Sierra-Nevada
and Klamath Watershed environmental catastrophes and statewide ecosystem collapse.

Any future dam and canal construction would create fish migration barriers and further
endanger the collapsed Pacific Salmon and Delta Smelt populations. Additionally, dams
would be rendered useless if climate change reduces the amount of precipitation and thus
the water flowing downstream.

Additionally, this bond proposal appears to support construction of the Sites Reservoir
which would store water in sediment that contains mercury, providing yet another
ecosystem which promotes methylation of this toxin and enables it to become bioavailable
to fish and humans.

This bond proposal by-passes legislative and voter oversight

We believe that creating a commission would create a conflict-of-interest situation with
industry, large agribusiness and contractors and potentially lead to the construction the
Peripheral Canal against the wishes of the California voters.

A state-wide, stringent water conservation plan is more cost-effective and sustainable

Watershed restoration and improving underground water-storage is a more efficient use of
funds and is sustainable. Implementing water conservation is far less costly than this $ 9.3
billion proposal. Currently, some large regional authorities such as the San Diego Water
Authority have no plans to implement mandatory water conservation programs for
residential or industrial users. These should be done first.

Additionally, a strategic water policy that improves management of existing water storage,
implements strict water conservation and encourages the recovery of fish populations is far
more cost-effective and will provide future water savings far into the future.

The health and survival of California Indian Peoples depend on the health of their
traditional environment and subsistence resources and we therefore cannot support this
expensive and destructive Feinstein – Schwarzenegger bond proposal.

Sincerely,

Sherri Norris
Executive Director
sherri@cieaweb.org

Sample Letter:
Sample letter from:
Honorable Chair Fran Pavley S. Craig Tucker, Ph.D.
Senate Natural Resources Committee Klamath Campaign Coordinator
State Capitol Karuk Tribe of California
Sacramento, CA 95814 530-627-3446 x3027
ctucker@karuk.us
Re: Support SB 670 www.karuk.us

Dear Senator Pavley and Members of the Committee,

I am writing to urge your support for SB 670, introduced by Senator Pat Wiggins to put a
moratorium on motorized dredge mining pending a full scientific review and update of
rules. Your Board has a key role in protecting our state’s water, and we believe that you
are right to be concerned about the impact of suction dredging on the state’s water and
native fish. This bill is scheduled to come before your committee on April 28, 2009.

Currently recreational dredge miners are damaging fisheries around the state by using
motorized suction pumps to literally vacuum up our river beds and spawning grounds.
The rules that govern this practice are woefully outdated.

California Department of Fish and Game was ordered by the California courts to undergo
a CEQA review and rule change as a result of a Karuk Tribe lawsuit filed in 2005. The
courts ordered DFG to complete the review and make appropriate rule changes by July
2008, but they have not met this deadline.

SB 670 would place a temporary moratorium on the issuance of dredge permits by the
Department of Fish and Game until a thorough scientific review of the impacts is
completed and regulations are revised.

Our native fish are going extinct and our water quality is being diminished on our watch.
With SB 670 we can begin reverse this trend.

Sincerely,
Your name and organization

Cc: Senator Wiggins
Governor Schwarzenegger

Gold Mining, Mercury and Suction Dredging
Excerpts from “Minings Toxic Legacy” by
The Sierra Fund 2008

An estimated 26 million pounds of mercury were used to extract gold from ore in
California, most of it in the Sierra Nevada Gold Country(1). Of this, an estimated 10
million pounds were lost to the environment in placer mining operations and another 3
million pounds were lost from hard rock mining(2).

Elemental mercury or “quick-silver” is still commonly encountered in Sierra watersheds.
Recent studies by the Delta Tributary Mercury Council indicate that runoff and erosion
from gold mines in the Sierra are a significant source of mercury to the Sacramento
Delta(3).

In the suction dredging process miners remove gravels from the riverbed with a suction
hose powered by an engine, and then use pans or other methods to retrieve the gold.
Suction dredgers often encounter mercury and gold-mercury amalgam, which tend to fall
into the cracks of the riverbed like gold. Suction dredges re-suspend and “flour”
mercury, increasing the surface area and making it more readily available for bacteria to
methylate(4).

Dredgers collect the mercury and amalgam, and retort it or treat it with nitric acid to
release any gold that may have amalgamated with the mercury. They then recover the
mercury and usually store it, though some miners dispose of it in an unauthorized
manner, such as pouring it back into the river, onto the ground, or in to municipal sewer
systems.

The full text of “Mining’s Toxic Legacy” can be downloaded from The Sierra Fund’s
website: www.sierrafund.org/campaigns/mining

(1)Alpers, C., P. R Hunerlach, J. T.May, and R. Hothem. (2005a). Mercury Contamination from
Historical Gold Mining in California. U.S. Geological Survey Fact Sheet 2005-3014

(2)Churchill, R. K. (2000). Contributions of Mercury to California’s Environment from Mercury
and Gold Mining Activities–Insights from the Historical Record. Extended abstracts forthe U.S.
EPA-sponsored meeting, Assessing and Managing Mercury from Historic and Current Mining

(3)Delta Tributary Mercury Council. (2002). Strategic Plan for the Reduction of Mercury-Related
Risk in the Sacramento River Watershed. DeltaTributary Mercury Council
http://www.sacriver.org/subcommittees/dtmc/documents/DTMCMercuryStrategyPlan.pdf.

(4)Humphreys, R. (2005). Mercury Losses and Recovery during a Suction Dredge Test in the
South Fork of the American River. California State Water Board Staff Report. Sacramento, CA.

AB 1242 [RUSKIN] –THE HUMAN RIGHT TO WATER
Co-Sponsors: Alliance for Democracy, Community Water Center, Environmental Justice Coalition
for Water, Food and Water Watch, Unitarian Universalist Legislative Ministry Action Network - CA,
Unitarian Universalist Service Committee, Urban Semillas
Support: la Asociación de Gente Unida por el Agua (AGUA), AGUA Youth, Breast Cancer Action, California League of Conservation Voters,
California Nurses Association, California Rural Legal Assistance Foundation, California Teachers Association, Californians for Pesticide
Reform, Catholic Charities – Stockton Diocese, Center for Environmental Health, Clean Water Action, Comité Civico Del Valle, Committee for
a Better Alpaugh, Committee for a Better Seville, El Quinto Sol de America, Fort Ord Environmental Justice Network, Federation of Retired
Union Members of Santa Clara County, Green LA Coalition, Movement Generations, Natural Resources Defense Council, Pacific Coast
Federation of Fishermen’s Associations, The Plainview Mutual Water Company, Pesticide Action Network North America, Planning
and Conservation League, San Francisco City and County, San Jerardo Cooperative, Santa Clara FORUM, Sierra Club California, Southern
California Watershed Alliance, Unidos Para Cambio en Tooleville, Vecinos Unidos, West County Toxics Coalition, West Goshen Mutual Water
Company, Wildcoast, Winnemem Wintu Tribe, The Women’s Foundation of California, Women’s International League for Peace and Freedom,
several hundred individuals

IN BRIEF
More than 150,000 California residents lack safe water for role in ensuring that every person has access to clean, affordable
drinking, bathing, and washing dishes. Even more have water water.
service disconnected because they cannot afford to pay their
water bill. This legislation will establish the right of every human Adding a provision to the Water Code explicitly stating that
to have access to clean water for basic human needs as a State access to an amount of clean water necessary for basic
policy and instruct State agencies to conform their practices and human needs is a “right” of every Californian and instructing
programs to this policy. State agencies, dealing with water resources, to conform their
programs and practices to this policy will pave the way to ensure
that every Californian will someday be able to confidently fill a
THE ISSUE glass of water from their tap and serve it to their families.
More than 11.5 million Californians rely on water suppliers that faced
at least one violation of State Drinking Water Standards. As many as LONGER TERM SOLUTION
8.5 million of us rely on supplies that experienced more than five
exceedences in a single year. In far too many communities, whose By setting a clear priority on providing clean affordable water for
sole water supply is contaminated, families unable to afford treatment basic human needs, the Legislature will unmistakably focus State
are often left entirely without safe water. The Central Valley and efforts on closing the existing gap that persists between protecting
Central Coast regions, where more than 90% of the communities rely drinking water and ensuring all residents have a sufficient supply of
solely on groundwater, are at particular risk. clean water so as to sustain healthy living.

In addition to public health threats, Californians are faced with rising In addition, this bill will help identify and generate solutions to
water bills to treat contamination and upgrade old infrastructure, hurdles that frustrate the provision of clean drinking water to all
which if neglected could even offset the benefits of treatment. people, including:
California does not have a universal statewide lifeline water rate or
allocation – similar to our lifeline rates for energy and phone service • Lack of long-term monitoring of drinking water quality.
– so when costs become excessive, families cannot pay their bills and, • Apparent conflict between the State’s interest in ensuring
thereby, they risk losing water service entirely. public health and the view that ground water is a local issue.
• Inadequate understanding of the trade-offs and integration
EXISTING LAW in decisions regarding the use of ground water or surface
water.
Existing Public Utilities Code Section 739.8 establishes “access to an
adequate supply of healthful water [as] a basic necessity of human • Gaps in regulating the quality of ground water used largely
life, and shall be made available to all residents of California at an for drinking and other personal uses.
affordable cost.” This statute applies to all water providers regulated • Lack of consideration given to the cost of actually
by the California Public Utilities Commission. providing, or not providing, clean drinking water to people’s
residences, including, health costs, student illnesses, lost
Dozens of state agencies have some regulatory authority over potable worker productivity, etc.
water availability and quality including the Department of Public • Inability of some communities to be self-sufficient in
Health, the State Water Resources Control Board, and the providing clean water due to inadequate financial resources
Department of Water Resources. and inappropriate allocation of costs.
• Need to ensure maximum value from the allocation and use
of existing and future funding.
FIRST STEP SOLUTION
• Inappropriate allocation of costs to ensure a reliable supply
AB 1242 creates a policy of the State that includes all State agencies, of clean drinking water to meet everyone’s basic health
in addition to those agencies regulated by the PUC, that share needs.
responsibility for the quality and supply of potable water. By doing
so we ensure that all agencies appreciate their
For more information contact: Debbie Davis (916)743-4406 debbie@ejcw.org or Vern Goehring (916) 444-8194 vern@cal.net

Questionnaire

1. Will you be engaging in lobbying, campaigning for an issue?

2. Was the workshop informative?

3. What did you like best about the training?

4. How can we improve the training?

5. On a scale of 1-10 how helpful was the legislative game?
_________

6. For the next legislative workshop would you be interested in:

Federal legislation & regulations? (Y/N)
State regulations? (Y/N)
International treaties? (Y/N)
Litigation? (Y/N)
Case law (Y/N)

7. Anything else to add?

Thank You!

Page 9 of 12

California Indian Environmental Alliance Lobbying Workshop Draft Agenda

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