[OT] Air Pollution

On Wed, 15 Aug 2012 18:14:24 -0700, Larry Jaques wrote:
(...)


Same things that you are shuddering about. :) That our friends in the 'energy industry' are immune from prosecution for polluting ground water with the fracking process.
It's all the more tragic because we can divert existing abundant methane supplies for energy use without causing all that destruction.
http://articles.dailypress.com/2011-10-05/news/dp-nws-passage-methane - gas-20111005_1_methane-gas-landfill-gas-virginia-natural-gas
Holy Crap!
--Winston
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I got to the 3rd paragraph before it moved me to the home page. It appears that you have to sign in to stay and read that article.

Something smells funny (no pun intended, much) when they want $45k to convert a boiler from natgas to methane. Isn't that simply an orifice change, as they do for propane? The used appliance store did it for me for $25 in the old house. I miss that stove. DeVille, with 4 gas burners (one thermostat controlled), huge chrome griddle in the middle for pancakes, separate broiler with sliding scissor adjustable height mechanism. I'm on a nice, sedate glasstop electric now and things are a bit cleaner but considerably slower.
-- All of us want to do well. But if we do not do good, too, then doing well will never be enough. -- Anna Quindlen
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On Thu, 16 Aug 2012 06:46:52 -0700, Larry Jaques wrote:
(...)

It doesn't really matter. Point is, methane is released as a waste product when bacteria digest biological matter. This fuel from our landfills and sewage treatment plants will float up into the atmosphere anyway. We might as well convert it to process heat and more benign CO2 on the way. For virtually free, why not? There are various small - scale point-of-use digester demo plants dotted about but AFAIK no large-scale conversion plants in place. That's unfortunate.

If it is really 'methane' then no change should be necessary. (Natural gas is mostly methane.) If it is 'biogas' then the CO2 really should be scrubbed from it to boost it's energy value before combustion. Else, I imagine a stove would require about double the flow rate to burn the stuff.

I *like* my natural gas stove.
--Winston
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On Tue, 14 Aug 2012 21:40:51 -0700, Larry Jaques

When the Great Cull arrives...there will be no survivors among the CARB people. Bet on it.
http://killcarb.org /
Gunner
One bleeding-heart type asked me in a recent interview if I did not agree that "violence begets violence." I told him that it is my earnest endeavor to see that it does. I would like very much to ensure - and in some cases I have - that any man who offers violence to his fellow citizen begets a whole lot more in return than he can enjoy.
- Jeff Cooper
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On Tue, 14 Aug 2012 21:40:51 -0700, Larry Jaques

This site is dedicated to a grassroots effort with the sole purpose of convincing California law makers to disband The California Air Resources Board. Why are we doing this? Because the California Air Resources Board (CARB) is a rogue agency that is causing harm to the environment and to the working people of this state.
8500 California Teachers Fired to Fund Rogue State Agency--Truckers Next!
We need to get started now. The first step is making contact with your Representatives and asking them to support this effort. If they agree, they will be praised here. If they do not they will be exposed. We are asking that you write a letter, send an e-mail or fax to your representative in the State Assembly and State Senate, then send us both your letter and the reply that you get. Those will be posted here. You will remain anonymous if you state that is what you want. To get started, click on the link to the lists of Members of the State Assembly and Members of the State Senate. Next, find your representatives and make contact. It is important that you act now!
Your tax dollars fund CARB. In fiscal year 2007-08 they got $722 million for 1172 employees. In fiscal year 2008-09 they got $650 million for 1272 employees, and in fiscal year 2009-10, your state legislators and the governor fired over 8500 teachers in the state in order to give $857 million to this outrageously corrupt state agency and its 1280 employees. Why? Easy. Follow the money. The CARB payroll is loaded with political friends of the legislators. Hundreds of these worthless so-called public servants collect hundred thousand dollar salaries and pension benefits that working families can never expect. CARB is also in bed with organizations that steer many millions to the campaign coffers of the legislators. Why otherwise would the legislature keep CARB alive and growing --- and rob the youth of California of the education they deserve? When the state is bankrupt, teachers are losing their jobs, millions are out of work, and the legislature gives CARB billions of dollars to waste on its fraudulent campaigns and regulate the working people as if they are criminals spoiling the environment. Of course, CARB must manufacture a new "health crisis" every year to justify its existence.
CARB is demanding that perfectly good diesel engines in the state be replaced with less efficient engines that will actually add to the amount of carbon dioxide in the atmosphere. They are doing this based on a flawed report by a fraudulent CARB employee. They claim a $70 billion savings in health care by destroying these engines. Their own summary document shows that there is no proven link between diesel particulate mater and cancer. This action is based on "indications" and "suggestions"! As if that is not enough, the 20 billion dollar price tag will place a financial burden on an estimated 30 thousand business owners and will put many of them out of business--it is estimated that 150,000 jobs could be lost if these companies pull up stakes and move from California. Comments from noted scientists and the public sent to CARB regarding Hien Tran's report are contained in a supplement to the report and were for the most part ignored by the board.
Here are some other CARB highlights:
Reformulated Diesel Fuel: Do you remember when CARB mandated that Diesel Fuel be reformulated without adequate testing in the 1990's? The new fuel damaged thousands of diesel engines in the state and over ten million dollars of state funds were used to replace many of the damaged engines. You the taxpayers and working people paid for this. Bet your legislators never told you about this. But they fired 20,000 teachers in the state recently because they wasted your tax dollars on fraud agencies like CARB where they have placed their friends and political cronies on the payroll until the next election. MTBE: Over $30 million paid out by working families over ten years for extra 20 to 30 cents a gallon. Estimated $20 billion dollars more to clean up ground water around the state that is contaminated with MTBE. CARB has an army of professional liar "public information officers" who spread the CARB propaganda to keep the CARB agency budget growing every year. They spent ten years lying to both the legislature and the public about the "benefits" of MTBE in your gasoline. Finally, the legislature had to ban MTBE in your gas when scientists proved that it was a poison to our environment and you. The average working family was forced to pay out over eight thousand dollars over ten years for the MTBE poison in their gasoline in California. (They would have over $12,000 in the bank today for their childrens' education if that money had been saved and invested). Electric Car mandate: CARB set the American automotive industry back by ten years in developing hybrid cars because CARB would not allow them as zero emission or low emission cars while CARB insisted on demanding that 5% of cars in California had to be electric cars. Only after they were forced to admit that the electric cars were a fraud, did they allow hybrid cars. By that time the Japanese manufacturers were way ahead of America. That has cost the American workers in the auto industry over 200.000 jobs and crushed the industry. Hien Tran Fraud: Hien Tran lied about having a PHD from U.C. Davis but really purchased his degree at a diploma mill. Tran was the project coordinator and lead author of a report entitled Methodology for Estimating Premature Deaths Associated with Long-term Exposure to Fine Airborne Particulate Matter in California. This report was the main support document of a draconian regulation proposed by the CARB that would cost California diesel users billions of dollars, a cost that eventually the consumer would pay for in higher food, construction and transportation costs. These costs would be incurred in the retrofitting of almost all diesel engines for on- or off-road, even relatively new ones, with new pollution controls for the sole purpose of limiting particulate matter as small as 2.5 microns (PM2.5). Although there have been some epidemiological studies in the past that claim there is a health risk, those studies were highly speculative and done with poor data. In fact, there is a significant study that says that PM2.5 is not a health risk in California.
Tran's problems started with the completion of the first draft report when Dr. S. Stanley Young, the assistant director of Bioinformatics at the National Institute of Statistical Sciences, came to his attention. Dr. Young fired off a letter to Gov. Schwarzenegger, writing in part, I note that none of the authors are professional statisticians. Some are trained in epidemiology. It is useful to know that the track record of epidemiologists in the use of statistics to make claims that are reproducible is very poor. Their claims fail to replicate 80-90 percent of the time (Ioannidis, JAMA, 2005). Their recommendations, most likely wrong, are projected to be very costly.
As punishment for his lie, Tran was suspended for 60 days and took a pay cut. He still works at CARB. CARB's "Forbidden Speech" regulation: Sounding like something from George Orwell, CARB was poised to adopt a regulation that literally forbids and penalizes opposing views. The resolution, which CARB dubs, prohibition on false statements, is frightening in that it would actually sanction communications to the agency during hearings or in the presentation of studies that CARB disagrees with. Apparently, CARBs legal staff missed that whole bit on the First Amendment. The first hearing on CARBs proposed regulation was scheduled for December 1st, 2010. According to CARBs website, the hearing has now been postponed until next year. Moreover, the proposed regulation providing for penalties for false information has been removed from CARBs website. CARB's 340% Overestimation: The California Air Resources Board went above and beyond in screwing up their diesel regulations based upon grossly miscalculated pollution levels of 340% over reality. Yes, you read right, 340%. Was this stupidity? Gross negligence? Gross incompetence? Outright fraud? All of the aforementioned? Read and decide for yourself. The air boards shame / Staff never revealed internal scandal before crucial vote
Air board still scandalous
On Dec. 12, 2008, the California Air Resources Board unanimously approved groundbreaking new rules governing diesel emissions. Members rejected complaints from the trucking industry about their heavy cost and from some academics who said CARB grossly exaggerated the health risk posed by the emissions.
Soon afterward, a Union-Tribune editorial writer confirmed allegations that Hien T. Tran the lead scientist and coordinator of the study used to justify the stringent new diesel regulations had lied about holding a Ph.D. in statistics from the University of California Davis. Instead, it turned out, Tran had a mail-order Ph.D. sent to him from a university based at a mailbox at a UPS office in New York City and that senior air board officials knew this before the Dec. 12 vote.
Incredibly enough, air board Chairwoman Mary Nichols has pretended this is a minor problem. Instead of suspending the diesel rules until the research they were based on was thoroughly investigated by an independent outside group, board officials never revealed Trans deceit to the public. This editorial page and The Bakersfield Californian have provided the only print media coverage since the scandal broke.
Tran wasnt even fired, just demoted.
This is not how a reputable government agency should behave. This is shameful. And at long last, someone with authority within the air board has finally figured this out.
On Nov. 16, Dr. John G. Telles, a Fresno cardiologist appointed to the air board by Gov. Arnold Schwarzenegger in April 2008, wrote a letter to Ellen Peters, the air boards chief counsel, in which he said the air boards staff failed to meet its ethical if not legal obligation to provide all board members with pertinent information before a vote on a state regulation.
Telles had never heard about Trans deception until a Sept. 24 air board meeting in Diamond Bar, when it was raised during public testimony about the harsh toll the diesel rules threatened to have on businesses whose trucks and off-road vehicles have to be scrapped or retrofitted at great cost. Only after that meeting did CARB officials finally tell all board members the truth about Tran.
Telles says this withholding of key information must be addressed. Not taking action seems unacceptable in light of what appears to be a violation of procedure with both ethical and perhaps legal implications. How we handle this procedure will reflect on the future credibility of CARB. I believe that CARB needs to seize the initiative and take steps to protect and preserve the integrity of CARB, its board members and the decision-making process.
We could not agree more. Mary Nichols handling of this matter has been indefensible and outrageous.
Will other air board members figure this out, too? Will the governor, whose office was informed about Trans deception last December? For that matter, will the California media?
We shall see. One bleeding-heart type asked me in a recent interview if I did not agree that "violence begets violence." I told him that it is my earnest endeavor to see that it does. I would like very much to ensure - and in some cases I have - that any man who offers violence to his fellow citizen begets a whole lot more in return than he can enjoy.
- Jeff Cooper
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On Tue, 14 Aug 2012 21:40:51 -0700, Larry Jaques

FORBIDDEN SPEECH Jon Coupal, President, Howard Jarvis Taxpayers Association November 29, 2010
Philosophers have pondered and debated the question of what is true? for eons. Now, thanks to the bureaucrats at the California Air Resources Board (CARB), we have our answer: The truth is whatever CARB says it is, and those who utter forbidden opinions to the contrary will be punished.
Sounding like something from George Orwell, CARB is poised to adopt a regulation that literally forbids and penalizes opposing views. The resolution, which CARB dubs, prohibition on false statements, is frightening in that it would actually sanction communications to the agency during hearings or in the presentation of studies that CARB disagrees with. Apparently, CARBs legal staff missed that whole bit on the First Amendment. In America, we dont jail people for making counter-revolutionary statements.
Not surprisingly, it is usually the crackpot dictator forbidding dissent who plays fast and loose with the truth. CARBs regulations which have so devastated the trucking industry were based on a discredited report by a Dr. Hien Tran, a CARB researcher who mail ordered his PhD from a phony university. However, even when it was discovered that Hien Tran had falsified his qualifications, CARB refused to fire him and stood by his study a study that now even CARB itself admits overestimated pollution by more than 300%. If you are waiting for CARB to apply its new proposed rule to itself, dont hold your breath.
That CARB seeks to squelch dissent before it even begins is not surprising. In the wake of Prop 23s defeat, CARB is chafing at the bit to fully implement Californias one-of-a-kind global warming solution law known as AB 32. The last thing the agency wants is to have to contend with contrary views about complex issues notwithstanding the fact that the so-called consensus on climate change has become much less of a consensus since the days of Al Gore.
Moreover, it is not just the science of climate change to which CARB has an allergic reaction to competing views. In attempting to measure the true cost of AB 32 on Californias economy, any suggestion that green jobs wont be the miracle cure claimed by CARB and the investors behind Green Tech will be met with a reaction similar to that of a vampire to a crucifix.
Despite its lack of economic expertise, CARB and its allies are committed to a vision of California unhinged from reality. They believe that imposing price hikes during a recession will lead to this new green jobs economy. But that myth has already started to unravel with the closure of model green business, Solyndras first factory. Solyndra, a solar panel manufacturer, had once been hailed by the CARB cheering section as an example of many more green manufacturers to come. Yet despite hundreds of millions in subsidies and the support of the Governor and President Obama, the Solyndra closure illustrates how even green manufacturers have difficulty competing under our states crushing burden of high taxes and endless red tape.
The important question here is whether an effort by credible economists, taxpayers, consumers or business interests to inform CARB that price increases during a recession are bad for the economy will be met with penalties for failing to line up with the truth as decreed by CARB.
CARBs Chairwoman, Mary Nichols, is now proceeding full speed ahead with AB 32 implementation, effectively flooring the accelerator as she and her agency drive our economy over the cliff. Forbidding people from saying this may not be a good idea right now is the equivalent of Mary Nichols putting her hands on her ears and saying la la la I cant hear you la la la, as taxpayers and business owners scream that she stop.
[Final note: The first hearing on CARBs proposed regulation was scheduled for December 1st. According to CARBs website, the hearing has now been postponed until next year. Moreover, the proposed regulation providing for penalties for false information has been removed from CARBs website.]
One bleeding-heart type asked me in a recent interview if I did not agree that "violence begets violence." I told him that it is my earnest endeavor to see that it does. I would like very much to ensure - and in some cases I have - that any man who offers violence to his fellow citizen begets a whole lot more in return than he can enjoy.
- Jeff Cooper
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On Tue, 14 Aug 2012 21:40:51 -0700, Larry Jaques

http://killcarb.org/2010102601-kovr.html
Sacramento CH13 KOVR Reporter Exposes More CARB Junk Science
Sacramento based KOVRs "On the Money" reporter Mike Luery's report about CARBs continued scientific incompetence.
The two part report aired at 6 pm and 10 pm October 26, 2010.
One bleeding-heart type asked me in a recent interview if I did not agree that "violence begets violence." I told him that it is my earnest endeavor to see that it does. I would like very much to ensure - and in some cases I have - that any man who offers violence to his fellow citizen begets a whole lot more in return than he can enjoy.
- Jeff Cooper
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On Tue, 14 Aug 2012 21:40:51 -0700, Larry Jaques

California Air Resources Board caught using intentionally flawed data Posted on October 8, 2010 by Erick Brockway
- Dr. James Enstrom (HT: Martinezgazette.com)
The California Air Resources Board (CARB) has been caught making environmental policy based on badly flawed and intentionally dishonest estimates of PM2.5 pollution admissions. How bad is bad? Try a 340% overestimation of diesel particulate pollution levels? No way? Way!!
The pollution estimate in question was too high by 340 percent, according to the California Air Resources Board, the state agency charged with researching and adopting air quality standards. The estimate was a key part in the creation of a regulation adopted by the Air Resources Board in 2007, a rule that forces businesses to cut diesel emissions by replacing or making costly upgrades to heavy-duty, diesel-fueled off-road vehicles used in construction and other industries.
The CARB staff blames this oversight on the recession and the resulting termination of many construction projects. Independent reviewers argue that applying the current methodology to existing data still gives terribly inaccurate results. The data then was used to produce the predictable Malthusian Scare Statistics. 18,000 premature deaths per year were attributed to diesel emissions according to the 340% inaccurate research. This has since been revised downward, after the monies were expropriated from construction firms operating diesels, to 9,200.
Given the intelligent and diligent people that work at CARB, this should surprise everyone. Well, ok, whom am I kidding? Maybe it shouldnt. According to Dr. James Enstrom of UCLA and others who offered a 100 page critique of the science used by CARB, the regulatory commission was not exactly fielding the varsity when it undertook the analysis to support the regulations.
The year-long process of development of the new regulations resulted in some very revealing public commentary, accusations of complicity in the scientific review process, and even misconduct by CARB officials.
In the biggest scandal, opposition scientists found the lead author of the key study by CARB had faked his Ph.D. and lacked expertise in air pollution research. In addition, CARB hired reviewers to review their own papers, naturally resulting in approval of the scientific studies that claimed the death and health effects.
(HT: The Heartland Institute)
In order to properly fertilize the science, the authors of the scientific research had to use PM2.5 data that did not come from a California Airshed. The Heartland Institute points out that five separate independent researchers claim no significant link exists between PM2.5 and premature deaths in CA. One reason no link exists stems from the fact that California has the 4th lowest death rate in the nation and extremely low rates of diesel pollution compared to prior years.
This suggests that reasonable observers may well have valid gravamen to contest the merits of the scientific brilliance of a study that links the deaths of people who are still walking around town to substances that are very, nearly almost absent from the air that said cadavers are currently continuing to breathe. However, based on the deliberately falsified science by the CARB, the following regulatory findings were handed down.
All Drayage diesel trucks older than 1994 must be retired from service. Those built between 1994 and 2003 must undergo a costly retrofit a soot trap ranging in price from $12,000 to $25,000, depending on the age of the vehicle. Leo Kay, the Communication Director for the ARB, said that there are approximately 20,000 affected trucks in California. ARB offered $11 million in grants for the affected truckers. Each trucker could potentially receive $5,000 toward the retrofit of their diesel.
(Martinez Gazette Ob. Cit.) One bleeding-heart type asked me in a recent interview if I did not agree that "violence begets violence." I told him that it is my earnest endeavor to see that it does. I would like very much to ensure - and in some cases I have - that any man who offers violence to his fellow citizen begets a whole lot more in return than he can enjoy.
- Jeff Cooper
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On Tue, 14 Aug 2012 21:40:51 -0700, Larry Jaques

http://wattsupwiththat.com/2012/07/14/california-air-resources-board-cap-and-trade-program-circumvents-state-open-meeting-laws-with-a-moonbeam-assist /
California Air Resources Board cap and trade program circumvents state open meeting laws with a Moonbeam assist Posted on July 14, 2012 by Anthony Watts
Strong headline, I know, but I didnt believe this was true until I researched it myself. First some background; I once served as an elected official on my local school board. During orientation and virtually every annual CSBA meeting after that, along with numerous public meetings and letters to the editor where people constantly reminded us of the Brown Act, it loomed large as the most important law that we had to follow.
We were constantly reminded that if we did not follow the letter of the law and provide full and open access to all meetings (the exception being employee management) we would be guilty of breaking the open meeting law and subject to severe penalties. If our local school board in our small town ever tried to hold a closed-door meeting without the knowledge of the public, not only we would we be excoriated in the press and public discourse, but we would also have people filing for our election recall.
So, it was with shock and surprise that I learned today that the California Air Resources Board declared the method by which they could circumvent the public meeting laws. Even more shocking they put it in writing and, got the California State legislature to pass it as a law as a rider on a totally unrelated bill of legislation, and Governor Brown signed it into law on June 27th, 2012.
My friend Eric Eisenhammer first alerted me to the issue on his California Political Review blog. He writes:
On the afternoon the state budget was signed into law last Wednesday I received an email from a local activist informing me that hidden in a trailer bill titled SB 1018 was a provision exempting the upcoming cap and trade auction from open meeting rules.
CARB formed a company called Western Climate Initiative Inc. (WCI), to manage its upcoming cap and trade auction. This shadowy corporation, registered in Delaware, will be responsible for imposing billions in hidden energy taxes on California ratepayers and small businesses without public scrutiny or accountability.
SB 1018 was a gut and amend bill, with over 100 pages inserted the day before the bill was signed into law along with the state budget. This legislation did not go through one committee hearing and most legislators probably never had a chance to read it. But buried in this bill in Section 12894(b)(2) is a line exempting WCI from a critical provision of the California Constitution, known as the Bagley-Keene Act, which provides meetings be open to public scrutiny.
Small business owners and citizen energy consumers care about protecting the environment, but CARB continually behaves as if it has something to hide.
When I first read that I really could not believe it. I could not believe that a state agency who is beholden to the same sorts of open meetings law that I was as a school board member would go to the lengths of trying to circumvent it, much less get it passed into law as an exception. So, I decided to check it out for myself.
First I located the document related to SB 1018. Eric was kind enough to direct me to the actual document and to the section that was relevant. Here is the URL of just one section of the monster sized SB1018 bill, section 39. The PDF: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1001-1050/sb_1018_bill_20120627_chaptered.pdf
The relevant part is in 12894(b)(2) of SB 1018. You can find that section from the bottom of page 23 to near the top of page 24. The relevant section says:
Chapter 5. Greenhouse Gas Market-Based Compliance Mechanisms and Linkages to the State
12894. (a) (1) The Legislature finds and declares that the establishment of nongovernmental entities, such as the Western Climate Initiative, Incorporated, and linkages with other states and countries by the State Air Resources Board or other state agencies for the purposes of implementing Division 25.5 (commencing with Section 38500) of the Health and Safety Code, should be done transparently and should be independently reviewed by the Attorney General for consistency with all applicable laws.
(2) The purpose of this section is to establish new oversight and transparency over any such linkages and related activities undertaken in relation to Division 25.5 (commencing with Section 38500) of the Health and Safety Code by the executive agencies in order to ensure consistency with applicable laws.
(b) (1) The California membership of the board of directors of the Western Climate Initiative, Incorporated, shall be modified as follows:
(A) One appointee or his or her designee who shall serve as an ex officio nonvoting member shall be appointed by the Senate Committee on Rules. (B) One appointee or his or her designee who shall serve as an ex officio nonvoting member shall be appointed by the Speaker of the Assembly.
(C) The Chairperson of the State Air Resources Board or her or his designee. (D) The Secretary for Environmental Protection or his or her designee. (2) Sections 11120 through 11132 do not apply to the Western Climate Initiative, Incorporated, or to appointees specified in subparagraphs (C) and (D) of paragraph (1) when performing their duties under this section. (c) The State Air Resources Board shall provide notice to the Joint Legislative Budget Committee, consistent with that required for Department of Finance augmentation or reduction authorizations pursuant to subdivision (e) of Section 28.00 of the annual Budget Act, of any funds over one hundred fifty thousand dollars ($150,000) provided to the Western Climate Initiative, Incorporated, or its derivatives or subcontractors no later than 30 days prior to transfer or expenditure of these funds.
Did you catch it? Most people wouldnt as it is a very short sentence written in gov-speak with redirected references to other laws. I only caught it because I was familiar with the sections pertaining to the state open meeting laws.
Heres the relevant section:
(2) Sections 11120 through 11132 do not apply to the Western Climate Initiative, Incorporated, or to appointees specified in subparagraphs (C) and (D) of paragraph (1) when performing their duties under this section.
Still dont see it? It is about sections 11120 through 11132 of The California Code.
What are Sections 11120 through 11132? Wikipedia has a good summary:
The Bagley-Keene Act of 1967, officially known as the Bagley-Keene Open Meeting Act, implements a provision of the California Constitution which declares that the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny, and explicitly mandates open meetings for California State agencies, boards, and commissions. The act facilitates accountability and transparency of government activities and protects the rights of citizens to participate in State government deliberations. Similarly, Californias Brown Act of 1953 protects citizen rights with regard to open meetings at the county and local government level.
The act also reaffirms, The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.
Heres the relevant section of the code, section 11121, which says private corporations setup to do state business are not exempt: As used in this article, state body means each of the following: (a) Every state board, or commission, or similar multimember body of the state that is created by statute or required by law to conduct official meetings and every commission created by executive order. (b) A board, commission, committee, or similar multimember body that exercises any authority of a state body delegated to it by that state body. (c) An advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body of a state body, if created by formal action of the state body or of any member of the state body, and if the advisory body so created consists of three or more persons. (d) A board, commission, committee, or similar multimember body on which a member of a body that is a state body pursuant to this section serves in his or her official capacity as a representative of that state body and that is supported, in whole or in part, by funds provided by the state body, whether the multimember body is organized and operated by the state body or by a private corporation.
Section 11122.5 reads: (a) As used in this article, meeting includes any congregation of a majority of the members of a state body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the state body to which it pertains. (b) (1) A majority of the members of a state body shall not, outside of a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter of the state body. (2) Paragraph (1) shall not be construed to prevent an employee or official of a state agency from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the state agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.
There are some exceptions listed in 11122.5, such as for conversations in open air public meetings and gatherings, but nothing like the blanket exception written in for WCI in SB1018.
Consider this a minute. CARB sets up a private corporation, Western Climate Initiative Inc. to manage the cap and trade program, doesnt even bother to put the corporation in California, and opts for Delaware and the advantages that brings over California incorporation. Delaware is well known as a corporate haven, and that alone suggests they want it out of the prying eyes of California taxpayers.
But that wasnt good enough, they take the extraordinary step of writing in an exemption to prevent public scrutiny, and then hide it as a rider in the 100+ pages inserted the day before the bill was signed into law along with the state budget, effectively preventing any scrutiny.
What is CARB intent on hiding in WCI? Now, with a secret meetings get out of jail free card signed by Govenor Moonbeam, We may never know. Just like with the publicly funded Michael Mann fighting tooth and nail to prevent his emails from seeing sunshine, so it seems CARB has taken a cue from the behavior of climate science in general, and in a wave of the hand brushed aside the directive Bagley-Keene Open Meeting Act, deciding they know what is best for the people:
The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know.
Mary Nichols leader of a a criminal agency?
In my opinion, this flagrant and orchestrated criminal disregard of the California open meetings law is the epitome of unmitigated gall on the part of CARB, and specifically CARB director Mary Nichols who has made it clear she doesnt give a rats ass about what the people of California have to say about her empire and how it operates.
At this point, when they decide they can hold themselves above the law that every other town board, council, and agency has to follow, Im ready to declare CARB as an enemy of the people of California.
If you are a resident of California, complain loudly to your elected representatives and write your newspapers. The only way to fight this is with more sunshine.
One bleeding-heart type asked me in a recent interview if I did not agree that "violence begets violence." I told him that it is my earnest endeavor to see that it does. I would like very much to ensure - and in some cases I have - that any man who offers violence to his fellow citizen begets a whole lot more in return than he can enjoy.
- Jeff Cooper
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