From Ballotpedia | California Proposition 23 | |
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| Election date November 2, 2010 | |
| Topic Environment | |
| Status | |
| Type State statute | Origin Citizens |
California Proposition 23 was on the ballot as an initiated state statute in California on November 2, 2010. It was defeated.[1]
A "yes" vote supported suspending Assembly Bill 32 (AB 32), which required greenhouse gas emissions to be reduced to 1990 levels by 2020, until California's unemployment rate decreases to 5.5% or less for four consecutive quarters. |
A "no" vote opposed suspending Assembly Bill 32 (AB 32), which required greenhouse gas emissions to be reduced to 1990 levels by 2020. |
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California Proposition 23 |
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| Result | Votes | Percentage | ||
| Yes | 3,733,883 | 38.46% | ||
| 5,974,564 | 61.54% | |||
AB 32, the "Global Warming Solutions Act of 2006," was passed by the California State Legislature and signed by Arnold Schwarzenegger.[2][3] Proposition 23, if enacted by voters, would have suspended AB 32 until California's unemployment rate dropped to 5.5% or below for four consecutive quarters. At the time of the election, California's unemployment rate was about 12% and had been at 5.5% or below for four consecutive quarters just three times since 1980.[4]
AB 32 required that greenhouse gas emission levels in the state be cut to 1990 levels by 2020. The process of cutting greenhouse gas emissions in the state was slated under AB 32 to begin in 2012.
Supporters referred to Proposition 23 as the California Jobs Initiative, and opponents referred to it as the Dirty Energy Proposition.[5][6] Supporters of the measure filed a lawsuit that resulted in a change to the measure's title and summary.[7]
The ballot title for Proposition 23 was as follows:
| “ | Suspends implementation of air pollution control law (AB 32) requiring major sources of emissions to report and reduce greenhouse gas emissions that cause global warming, until unemployment drops to 5.5 percent or less for full year. Initiative statute. | ” |
The ballot summary for this measure was:
| “ |
• Suspends State law that requires greenhouse gas emissions be reduced to 1990 levels by 2020, until California’s unemployment drops to 5.5 percent or less for four consecutive quarters.
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The full text of this measure is available here.
This is a summary of the initiative's estimated fiscal impact on state and local government prepared by the California Legislative Analyst's Office:[8]
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Yes on 23 led the campaign in support of Proposition 23.
Arguments were submitted to the official California Voter Guide on behalf of a "yes" vote on Proposition 23 by Kevin Nida, president of the California State Firefighters’ Association; John Kabateck, executive director of the National Federation of Independent Business/California; and Jon Coupal, president of the Howard Jarvis Taxpayers Association:[8]
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THE PROBLEM: CALIFORNIA’S GLOBAL WARMING MANDATES ARE ON THE WRONG TRACK Climate change is a serious issue that should be addressed thoughtfully and responsibly. However, now is not the time to implement AB32, California’s costly global warming law, especially since the California Air Resources Board (CARB) acknowledges AB32 cannot 'change the course of climate change.' California already has a $20 billion deficit and leads the nation in lost jobs, home foreclosures and debt. Implementing AB32 will cost taxpayers and consumers billions and destroy over a million jobs. Voters must stop these self-imposed energy cost increases that will further damage our economy and families. THE SOLUTION: PROPOSITION 23 Proposition 23 suspends AB32 until the economy improves. It preserves California’s strict environmental laws but protects us from dramatically higher energy costs. Proposition 23 saves jobs, prevents a tax increase, maintains environmental protections and helps families during these tough economic times. PROPOSITION 23 SAVES BILLIONS IN HIGHER ENERGY TAXES AND COSTS California’s poor, working and middle class families are dealing with lost jobs, fewer hours and furloughs. California households cannot afford $3800 a year in higher AB32 costs. 'AB 32 will cause California households to face higher prices both directly for electricity, natural gas, and gasoline, and indirectly as businesses pass costs for GHG reduction on to consumers.'—CARB’s Economic Allocation and Advisory Committee PROPOSITION 23 SAVES OVER ONE MILLION CALIFORNIA JOBS Other countries and states prudently postponed implementing their global warming laws until economic conditions improve. Without Proposition 23 higher energy prices will hit small businesses and employers, forcing more lay-offs and business closures. Other countries that passed global warming laws experienced a loss of two blue collar jobs for every one green job created. Proposition 23 saves over a million at-risk jobs, including highpaying blue collar and union jobs, and doesn’t limit green job creation. PROPOSITION 23 PRESERVES CALIFORNIA’S STRICT PUBLIC HEALTH, ENVIRONMENTAL PROTECTIONS California has the toughest environmental laws in the country. Proposition 23 doesn’t weaken or repeal the hundreds of laws that protect the environment, reduce air pollution, keep our water clean and protect public health. Proposition 23 applies to greenhouse gas emissions, which CARB concedes 'have no direct public health impacts.' PROPOSITION 23 PROTECTS ESSENTIAL PUBLIC SERVICES By stopping higher energy costs, Proposition 23 helps protect funding when community budgets are dangerously stretched—keeping teachers in our classrooms and firefighters on the street. 'Public safety is our top priority. Proposition 23 is essential to help protect funding for firefighters, law enforcement and emergency medical services. —Kevin Nida, President, California State Firefighters’ Association PROPOSITION 23 EMPOWERS VOTERS NOT BUREAUCRATS CARB’s unelected political appointees want to impose hidden taxes without voter approval. Proposition 23 lets voters, not bureaucrats, decide when we implement California’s costly global warming law. Proposition 23’s common-sense, fiscally responsible approach is a win-win for California’s families, economy and environment. JOIN TAXPAYERS, FIREFIGHTERS, LOCAL OFFICIALS, ENERGY COMPANIES, FARMERS AND BUSINESSES TO SAVE JOBS AND PROTECT CALIFORNIA’S ECONOMY. YES ON PROPOSITION 23 Yeson23.com[9] |
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Supporters of Proposition 23 raised about $10.6 million for their campaign.[14]
Two Texas-based oil companies, Valero Energy Corporation and Tesoro Corporation, provided the campaign with initial funding to launch its petition drive to qualify for the November 2 ballot.[15]
Valero Energy Corporation and Tesoro Corporation, along with Flint Hills Resources, altogether donated over $6.5 million to the "California Jobs Initiative Committee."[16] At the time, Flint Hills Resources had oil operations in several states outside of California, and was a division of Koch Industries.[17][18][19]
According to Cal-Access, these donations of $25,000 or more were made to the "California Jobs Initiative Committee":[20]
| Donor | Amount |
|---|---|
| Valero | $4,065,636 |
| Tesoro Companies | $1,540,636 |
| Flint Hills Resources | $1,000,000 |
| Marathon Petroleum Company LLC | $500,000 |
| Adam Smith Foundation | $498,000 |
| Occidental Petroleum | $300,000 |
| National Petrochemical and Refiners Association | $100,000 |
| Tower Energy Group | $200,000 |
| World Oil Corp | $100,000 |
| Howard Jarvis Taxpayers Association | $100,000 |
| Southern Counties Oil (Total Energy Products) | $50,000 |
| California Trucking Association | $50,000 |
| Frontier Oil | $50,000 |
| Murray Energy | $30,000 |
| Berry Petrochemical | $25,000 |
| Boyett Petroleum (Stan Boylett & Son) | $25,000 |
| California State Pipes Trade Association | $25,000 |
| Caminol Management | $25,000 |
| Holly Corporation | $25,000 |
| Robinson Oil | $25,000 |
| J.G. Boswell Company | $25,000 |
The "Yes on 23" campaign released the following videos and commercials:
Californians for Clean Energy and Jobs led the No on 23 campaign in opposition to Proposition 23.
The arguments submitted to the official California Voter Guide urging a "no" vote on Proposition 23 were signed by Jane Warner, president of the American Lung Association in California; Linda Rosenstock, M.D., dean of UCLA School of Public Health; and David Pacheco, president of AARP California:[8]
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TEXAS OIL COMPANIES DESIGNED PROP. 23 to KILL CALIFORNIA CLEAN ENERGY and AIR POLLUTION STANDARDS. Big Texas oil companies and state politicians who receive oil company money designed Prop. 23 to repeal clean energy and air pollution standards in California. Those oil companies are spending millions on a DECEPTIVE CAMPAIGN to promote Prop. 23 because 23 would allow them and other polluters to escape accountability and increase their profits. PROP. 23 is a DIRTY ENERGY PROPOSITION that MEANS MORE AIR POLLUTION and INCREASED HEALTH RISKS—Vote NO. Prop. 23’s main backers, the Valero and Tesoro oil companies, are among the worst polluters in California. They’re using 23 to repeal portions of the health and safety code that require them to reduce air pollution at their California refineries. 'Prop. 23 would result in more air pollution that would lead to more asthma and lung disease, especially in children and seniors. Vote NO.' —American Lung Association in California PROP. 23 is a JOB KILLER—THREATENING HUNDREDS of THOUSANDS of CALIFORNIA JOBS. Across California, clean energy companies are sprouting up and building wind and solar power facilities that provide us with clean power, built right here by California workers. By repealing clean energy laws, Prop. 23 would put many of these California companies out of business, kill a homegrown industry that is creating hundreds of thousands of California jobs, and damage our overall economy. 'California is the hub of innovation and investment in clean energy technologies and businesses. But Prop. 23 would reverse the state’s clean energy laws, jeopardizing billions in economic growth and hundreds of thousands of jobs.'—Sue Kateley, Executive Director, California Solar Energy Industries Association, representing more than 200 solar energy small businesses. The independent, nonpartisan Legislative Analyst Office says 23 could 'dampen additional investment in clean energy technologies by private firms, thereby resulting in less economic activity than otherwise would be the case.' PROP. 23 WOULD JEOPARDIZE:
PROP. 23 WOULD KEEP US ADDICTED to COSTLY OIL— Vote NO. By killing incentives for clean energy, 23 reduces choices for consumers already facing high gas and electricity costs. 'Prop. 23 would keep consumers stuck on costly oil and subject consumers to spiking energy prices.' Consumers Union, publisher of Consumer Reports Magazine OUR OIL ADDICTION THREATENS NATIONAL SECURITY. PROP. 23 MAKES IT WORSE. Prop. 23 would harm efforts to reduce our dependence on foreign oil that comes from countries that support terrorism and are hostile to the United States. JOIN PUBLIC HEALTH ADVOCATES, CLEAN ENERGY COMPANIES and SMALL BUSINESSES: VOTE NO on 23. Prop. 23 is OPPOSED by:
STOP the TEXAS OIL COMPANIES’ DIRTY ENERGY PROPOSITION. Vote NO on 23. www.StopDirtyEnergyProp.com[9] |
” |
Eighteen different campaign committees filed with Cal-Access in opposition to Proposition 23.[27]
According to Cal-Access, these donations of $100,000 or more went to one or more of the "No on Proposition 23" campaign committees:[27]
| Donor | Amount |
|---|---|
| Thomas Steyer | $5,049,000 |
| National Wildlife Federation | $3,000,000 |
| John and Ann Doerr | $2,100,000 |
| Natural Resources Defense Council | $1,860,000 |
| Sierra Club | $1,679,188 |
| League of Conservation Voters | $1,295,000 |
| Environmental Defense Fund | $1,075,000 |
| Vinod Khosla | $1,037,267 |
| James Cameron | $1,000,000 |
| Robert J. Fisher | $1,000,000 |
| Gordon Miller | $1,000,000 |
| Climateworks Foundation | $900,000 |
| Nature Conservancy | $800,000 |
| Bill Gates | $700,000 |
| Clean Energy & Jobs Mobilization Committee | $609,632 |
| Green Tech Action Fund | $500,000 |
| John Morgridge | $500,000 |
| Claire Perry | $500,000 |
| Wendy Schmidt | $500,000 |
| Julian Robertson | $500,000 |
| Pacific Gas & Electric | $500,000 |
| Hannelore Grantham | $400,000 |
| Susan Mandel | $400,000 |
| Ballot Initiative Strategy Center | $317,000 |
| Rockefeller Family Fund | $300,000 |
| SCOPE | $300,000 |
| William Patterson | $250,000 |
| Anne Earhart | $250,000 |
| Susan Packard Orr | $250,000 |
| Nicolas Berggruen | $250,000 |
| Democratic State Central Committee | $217,470 |
| A.L.L.E.R.T | $200,000 |
| Shawn and Brook Byers | $200,000 |
| Sergey Brin | $200,000 |
| California Teachers Association | $200,000 |
| Lauren Powell Jobs | $200,000 |
| SunRun Inc. | $200,000 |
| Environment California | $126,973 |
| Union of Concerned Scientists | $113,005 |
| Julie Packard | $101,000 |
| Fahrad Ebrahimi | $100,000 |
| John Pritzker | $100,000 |
| Nancy Burnett | $100,000 |
| Lucy Southworth | $100,000 |
| Paul Klingenstein | $100,000 |
| Green Tech Capital Advisors | $100,000 |
| Audubon Society | $100,000 |
| Majestic Realty | $100,000 |
The "No on 23" campaign released the following videos and commercials:
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| Date of Poll | Pollster | Support | Oppose | Undecided | Number polled |
|---|---|---|---|---|---|
| June 22-July 5, 2010 | Field | 36% | 48% | 16% | 1,005 |
| Sept 15-22, 2010 | GQR and AV | 40% | 38% | 22% | 1,511 |
| September 14-21, 2010 | Field | 34% | 45% | 11% | 599 |
| September 19-26, 2010 | PPIC | 43% | 42% | 15% | 2,004 |
| October 2-4, 2010 | Reuters/lpsos | 37% | 49% | 14% | 600 |
| October 10-17, 2010 | PPIC | 37% | 48% | 15% | 2,002 |
| October 14-26, 2010 | Field for the Sacramento Bee | 33% | 48% | 19% | 1,501 |
The question in this poll asked whether poll respondents supported AB 32, the 2006 Global Warming law that would be suspended until the unemployment rate dropped.[47]
| Date of Poll | Pollster | Support AB 32 | Oppose AB 32 | Undecided | Number polled |
|---|---|---|---|---|---|
| July 6-20, 2010 | PPIC | 67% | 23% | 4% | Unknown |
The question in this poll asked whether the state should take action "right away" on its plan to reduce greenhouse gas emissions or wait until the state’s economy and job situation improved.[48]
| Date of Poll | Pollster | "Take action right away" | "Wait until economy improves" | Undecided | Number polled |
|---|---|---|---|---|---|
| July 6-20, 2010 | PPIC | 53% | 42% | 5% | Unknown |
AB 32 was enacted in 2006. The goal of AB 32 was to cap state-created greenhouse gases by 2020, based on 1990 emissions. Steps taken under AB 32 included retrofits on diesel engines and new devices on gas pumps.
| Proposition 23 (article about) |
| Full text of Prop 23 |
| AB 32 (article about) |
| Full text of AB 32 |
In January 2010, California's unemployment rate had crept over 12% and 2.25 million Californians were unemployed.[49] In March 2010, it was discovered that, at the time, 8 of California's 58 counties had an unemployment rate exceeding 20%.[50]
At the time of the vote on Prop 23, the last time the unemployment rate in California was below 5.5% was in 2007.[22] According to the California Employment Development Department in 2010, there had been three periods since 1976 when unemployment in the state remained below 5.5% for four or more quarters:
In 2010, California had lost 34% of its manufacturing jobs since 2001.[12]
The number of clean energy businesses and clean energy jobs increased in California 45% and 36%, respectively, in the period between 1995-2008.[51] This rate of growth is 10 times more than the state's average job growth rate.[51]
At the time of the vote, California had over 12,000 clean energy businesses and 500,000 people were employed in clean energy occupations.[51][52] With over $9 billion in venture capital funds, California's clean energy firms have received 60% of venture capital funds in North America[53].
The independent Legislative Analyst's Office (LAO) stated that suspending AB 32 would "dampen additional investments in clean energy technologies or so-called 'green jobs' by private firms, thereby resulting in less economic activity than would otherwise be the case."[54]
To qualify the measure for the November 2, 2010 ballot, supporters had to provide qualifying signatures to California's 58 county election clerks no later than the July 5, 2010 deadline. A total of 433,971 valid signatures were required to qualify the measure for the ballot.
Multiple versions of the proposed measure were filed with the Office of the California Attorney General. On November 25, 2009, the group People's Advocate filed a request for an official ballot title on 09-0094, the proposed version that eventually became Prop 23. An official summary was provided on February 3, 2010, with a petition deadline of July 5, 2010. On December 22, 2009, requests for ballot titles were filed on 09-0104 and 09-0105, two other versions. These ballot titles were provided on February 7, 2010, with petition deadlines of July 19, 2010.
The petition drive to land the initiative on the ballot was launched the first week of March 2010.[55] Signatures to qualify the measure for the ballot were collected by National Petition Management at a cost of $2,222,312.[56] Organizers turned in their qualifying signatures on Monday, May 3, claiming they collected over 800,000.[57][22]
The Howard Jarvis Taxpayers Association filed a lawsuit in California Superior Court on July 29, 2010, asserting that the ballot title prepared by the Office of the Attorney General of California was "false, misleading and unfair" and should therefore be changed.[58] Arguments filed in court said the title and summary should not refer to "air pollution control laws" because Proposition 23 did not apply to multiple laws and should not refer to "major polluters" because power plants and refineries were not the only businesses affected by the law, since emissions from universities, agricultural facilities, municipal buildings, and other private companies and citizens were also affected.[59]
On Tuesday, August 3, 2010, Sacramento Superior Court Judge Timothy Frawley issued a ruling that took the side of the plaintiffs and ordered that the state government change the ballot title and summary.[60]
Frawley's ruling said:
The impact that AB 32 would have on jobs in California was widely disputed.
The California Air Resources Board was the state agency charged with enforcing AB 32. This group said in 2008 that AB 32 would create more than 100,000 jobs in the state. In March 2010, the agency revised its estimate, saying that AB 32 would create 10,000 jobs.[49]
Larry Goulder, a professor at Stanford University, was the lead economist in the CARB report. Goulder came under fire in April 2010 when it became known that he was on the board of directors of the Energy Foundation. The Energy Foundation, in turn, was the sole contributor behind the Green Tech Action Fund. The Green Tech Action Fund gave $500,000 in April to "Californians for Clean Energy and Jobs," which was the campaign committee that was attempting to defeat Proposition 23.
When questioned by the New York Times, Goulder said, "I value my reputation as an economist. I have no direct involvement with the Green Tech Action Fund."[61]
Two studies of AB 32 were conducted by S. Varshney and D. Tootelian. At the time, Varshney and Tootelian were professors at California State University-Sacramento. Their studies were sometimes referred to as the "Varshney studies" or the "V&T studies."
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Categories: [California 2010 ballot measures, certified] [Environment, California] [Certified, environment, 2010] [Defeated, 2010]
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