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Bill to ban new offshore oil drilling held until next year

by Dan Bacher
“Big oil may have the money, but the people of California will win the fight to protect our environment and California’s $40 billion coastal economy,” said Senator Mike McGuire (D-Healdsburg).

Photo: Mike McGuire speaks at a press conference for SB 788 at the State Capitol in Sacramento in April, 2015. Photo by Dan Bacher.
800_mike_mcguire_1.jpg
Bill to ban new offshore oil drilling held until next year

by Dan Bacher

Senator Mike McGuire vowed that he will try again next year to pass a bill to forever protect California’s coast from new offshore oil development in state waters – the California Coastal Protection Act (SB 788) – after the legislation failed twice because of intense opposition by Big Oil.

The bill was unexpectedly held in the Assembly Appropriations Committee on August 27 after the Western States Petroleum Association (WSPA) and oil companies lobbied legislators to oppose the legislation.

“How many more oil spills do we have to see off the California coast before we stand up to the Big Oil lobby and take action?” McGuire asked, referring to the Santa Barbara Oil Spill of 1969 and the Refugio Oil Spill that devastated the Santa Barbara Coast again this year. “Today’s vote is incredibly disappointing, but it’s a hurdle we will overcome in this fight to protect our coast.”

“Big oil may have the money, but the people of California will win the fight to protect our environment and California’s $40 billion coastal economy,” he vowed.

The bill would close a loophole in California law that would allow drilling in and near a "marine protected area."

In 1994, the California Legislature banned any new offshore oil and gas leases when it passed the California Coastal Sanctuary Act. However, a loophole in state law left Tranquillon Ridge, which extends into state and federal waters, with reserves that are currently being tapped in federal waters from Platform Irene, uniquely vulnerable to offshore drilling.

SB 788, the Coastal Protection Act, closes the loophole by repealing Public Resources Code 6244, effectively banning any new drilling in these state waters.

Bill would protect Vandenberg State Marine Reserve

In 2007, Tranquillon Ridge was designated as a "marine protected area" under the controversial Marine Life Protection Act (MLPA) Initiative. Yet in violation of the Marine Life Protection Act (MLPA) Act of 1999, the “marine protected areas” created under the process, privately funded by the Resources Legacy Foundation, failed to protect the ocean from offshore oil drilling, fracking, pollution, corporate aquaculture and all human impacts other than sustainable fishing and gathering.

SB 788 would finally protect the Vandenberg State Marine Reserve, created under the MLPA Initiative, from offshore oil drilling.

Over the years, oil companies have made numerous attempts to tap into Tranquillon Ridge’s offshore reserves from state waters, according to Senator Beth Hannah Jackson, who jointly authored the bill with Senator McGuire. Since 2003, Sunset and Exxon have pursed an oil development proposal to drill into Tranquillon Ridge reserves from an onshore location at Vandenberg Air Force Base.

According to a Legislative Analysis, business and taxpayer organizations and oil companies and associations who oppose the bill argue that if state resources are being drained by federally approved leases, the state should be compensated.

Besides WSPA, the California Chamber of Commerce, California Independent Petroleum Association, California Manufacturers & Technology Association and Sunset Exploration oppose the bill.

“SB 788 would not impact the ongoing drainage of state resources from oil and gas operations in federal land,” argued WSPA in a letter. “Instead SB 788 would only prohibit the state from capturing oil and gas resources that otherwise will continue to be drained by adjacent wells outside of the state’s purview.”

Sunset Explorer further argues that a state lease allowing land-based infrastructure provides the state with an opportunity to limit resource opportunities available to federal marine platforms, such as platform Irene.

Former "marine protected area" chair opposes bill

In a bizarre scenario that could only take place in California, the same President of the Western Petroleum Association, Catherine Reheis-Boyd, who led the opposition to Senate Bill 788 also served as the Chair of the Marine Life Protection Act Initiative Blue Ribbon Task Force to create “marine protected areas” in Southern California – including four MPAs that were fouled by the Refugio Oil Spill this year.

She also sat on the task forces to create “marine protected areas” on the Central Coast, North Central Coast and North Coast from 2004 through 2012.

So we have same oil industry lobbyist who oversaw the creation of the marine protected areas along the California coast lobbying, yes, to block protection of a marine protected areas from an oil drilling proposal!

Big Oil, the largest and most powerful corporate lobby in Sacramento, wields its influence by spending its money on lobbying and election campaigns, creating Astroturf groups and getting its officials and friends on state regulatory panels.

Big Oil spent a total of $266 million influencing California politics from 2005 to 2014, according to an analysis of California Secretary of State data by StopFoolingCA.org, an online and social media public education and awareness campaign that highlights oil companies’ efforts to “mislead and confuse Californians.” The industry spent $112 million of this money on lobbying and the other $154 million on political campaigns. (http://www.eastbayexpress.com/SevenDays/archives/2015/07/29/californias-biggest-secret-oil-industry-capture-of-the-regulatory-apparatus)

Last year the Western States Petroleum Association spent a record $8.9 million on lobbying, double what it spent in the previous year. In the first six months of 2015, the oil industry spent $6.2 million to lobby state officials, including $2,529,240 spent by the Western States Petroleum Association alone. (http://cal-access.sos.ca.gov/Lobbying/Employers/Detail.aspx?id=1147195&view=activity&session=2015)

SB 788 has broad support among environmentalists, Tribes and fishermen

While Big Oil may have millions and millions of dollars to spend, public support for new offshore drilling in California has fallen to a new low of 38%, according to a recent PPIC (Public Policy Institute of California) report. (http://www.ppic.org/content/pubs/survey/S_715MBS.pdf)

Senator McGuire noted that Senate Bill 788 would have forever banned any new oil drilling in state waters off of the California Coast, and would not only have protected our environment, it would have “helped California’s coastal economy thrive.” Coastal communities contribute $40 billion annually to the state’s economy along with 500,000 jobs working families depend on.

“The bill was a part of a historic package of legislative proposals that would strengthen California’s global leadership in tackling climate change,” McGuire said.

More than 15,000 individuals had signed petitions endorsing SB 788. A broad coalition of environmental organizations and businesses, including the Sierra Club, REI, Patagonia, and Audubon of California, California League of Conservation Voters, California Coastkeeper Alliance, Ocean Outfall Group and California Environmental Justice Alliance, back the bill.

Fishing groups supporting the bill include the California Sport Fishing League, California Trout, California Sea Urchin Commission, Pacific Coast Federation of Fishermen’s Associations (PCFFA), Golden Gate Salmon Association and Southern California Trawlers Association. Tribes and Native American organizations in support include the Habematelel Pomo of Upper Lake, Karuk Tribe, Sherwood Valley Band of Pomo Indians, Smith River Rancheria and United Native Americans.

In a SB 788 support letter, the PCFFA said it “stands vigorously opposed to any infrastructure projects that could literally suck the ocean’s wealth into a few corporate coffers at the expense of marine life, productive fisheries, and our cultural heritage.”

Senator Mike McGuire (D-Healdsburg) represents 40 percent of California’s coastline from the Golden Gate Bridge to the Oregon border - and vows to keep fighting to protect the California coast from new offshore drilling and fracking.

“We know Californians are smarter than Big Oil gives them credit for,” concluded McGuire. “And we will keep fighting every day to honor their wishes and protect our valuable coast.”

The bill was jointly authored by Senator Hannah-Beth Jackson and co-authored by Senators Mark Leno, Ben Allen, Loni Hancock, Bill Monning, Lois Wolk and Assemblymembers Bill Dodd, Marc Levine, Mark Stone, Jim Wood and Das Williams.
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