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Citizens Group Objecting to Solar Power in Kern County Is Union Front Group

Construction trade unions in California remain distressed about how solar power is harming the environment. Their latest worry is the 150-megawatt Willow Springs Solar Project proposed for Kern County, in Antelope Valley at the Los Angeles County border.

March 8 2016 Kern County Citizens for Responsible Solar LetterAn energy company called First Solar has been planning this project since 2010. In February 2015 Kern County released a Draft Environmental Impact Report for the solar project. Substantial objections to this project then emerged from an unincorporated association called “Kern County Citizens for Responsible Solar,” represented by the law firm of Adams Broadwell Joseph & Cardozo in South San Francisco.

This group claims the county isn’t complying with the California Environmental Quality Act (CEQA) in its evaluation of the environmental impact of the solar power plant. Although the county has tried to modify subsequent versions of its Environmental Impact Report to address these objections, the association’s law firm continues to insist that the report is inadequate.

This process became absurd. At one point a change made by the county to mollify Kern County Citizens for Responsible Solar even triggered a new objection – from the East Kern Air Pollution Control District!

Finally, the Kern County Planning Commission had enough and scheduled a hearing on March 10, 2016 to approve the Final Environmental Impact Report. On that morning, the law firm of Adams Broadwell Joseph & Cardozo submitted a new set of objections. Later that day, a lawyer representing “Kern County Citizens for Responsible Solar” warned the Planning Commission that Kern County had failed to properly evaluate the environmental impact of the solar project. Also at the meeting to speak out against the project were the head of the Kern-Inyo-Mono Building and Construction Trades Council and the head of the International Brotherhood of Electrical Workers (IBEW) Local Union No. 428 in Bakersfield.

What’s the true identity of “Kern County Citizens for Responsible Solar?” Construction trade unions, working under another unincorporated front group called California Unions for Reliable Energy (CURE). A Kern County official bluntly revealed the true agenda of this fake organization at the subsequent April 12, 2016 meeting of the Kern County Board of Supervisors:

“The primary opposition to this project has been from law firms representing labor unions who have requested First Solar sign a Project Labor Agreement.”

The Planning Commission unanimously recommended county approval of the project despite the newly-submitted union objections. After postponing a Board of Supervisors hearing originally scheduled for March 15, county staff refined the Environmental Impact Report to address the new set of objections. The Kern County Board of Supervisors considered final approval of the Willow Springs Solar Project on April 12.

For Kern County officials, the morning of April 12 began as expected, with 31 pages of fresh objections from the law firm of Adams Broadwell Joseph and Cardozo. But this time there was blowback: as reported later that day to the Board of Supervisors, “a variety of entities” had also submitted letters “taking issue” with how unions use the California Environmental Quality Act as leverage to squeeze Project Labor Agreements out of solar energy developers.  The letters documenting the practice can be read via the links below:

April 11, 2016 Coalition for Fair Employment in Construction to Kern County Board of Supervisors – California Unions for Reliable Energy (CURE) Objections to Willow Springs Solar Project

April 11, 2016 Western Electrical Contractors Association et al to Kern County Board of Supervisors – California Unions for Reliable Energy (CURE) Objections to Willow Springs Solar Project

April 11, 2016 California Construction Advancement Group to Kern County Board of Supervisors – California Unions for Reliable Energy (CURE) Objections to Willow Springs Solar Project

These letters did not shame Kern County Citizens for Responsible Solar. A lawyer for Adams Broadwell Joseph and Cardozo spoke at the Board of Supervisors on their behalf and objected to alleged failures of the Final Environmental Impact Report to “disclose” things.

Of course, the REAL lack of disclosure was the true identity of “Kern County Citizens for Responsible Solar” and its ulterior motives. But everyone knew what was happening. A representative of First Solar openly told the Board of Supervisors that it had not concluded negotiations on a Project Labor Agreement.

Following that statement, an official with the International Brotherhood of Electrical Workers (IBEW) Local Union No. 428 in Bakersfield claimed that since 2013 the union had signed Project Labor Agreements with First Solar, 8minuteenergy, Recurrent Energy, SunPower, and Sun Edison for construction of solar photovoltaic power plants in Kern County. Apparently he suspected that the surging unemployment of Kern County construction workers (caused by cutbacks in the petrochemical industry) was encouraging solar companies to be bolder about resisting union demands for Project Labor Agreements.

April 12 2016 Kern County Board of Supervisors Vote on Willow Springs Solar ProjectIn the end, the Kern County Board of Supervisors voted 5-0 to approve the Willow Springs Solar Project. Unions now have the opportunity to use the California Environmental Quality Act (CEQA) to challenge the board’s decision in court.

Solutions?

How can the State of California protect the environment while discouraging parties from brazenly abusing environmental laws to extract economic concessions from public and private developers? State Senator John Moorlach has a solution based on the concepts of openness and transparency. He has introduced Senate Bill 1248, which would require a plaintiff or petitioner in a CEQA action to disclose information about parties that provide more than $100 to fund the action. It would also require the plaintiff or petitioner to disclose the financial or business interest in the project for those parties that provide more than $100 to fund the action. See Senate Bill 1248.

With Senate Bill 1248 enacted as law, Kern County Citizens for Responsible Solar, community champions of the environment, would acquire a new identity: International Brotherhood of Electrical Workers, demanding a Project Labor Agreement.

Sources

April 13, 2015 Adams Broadwell Joseph Cardozo Draft EIR Comments on behalf of Kern County Citizens for Responsible Solar – Willow Springs Solar – First Solar – Kern County – Letter

March 9, 2016 Adams Broadwell Joseph Cardozo Final EIR Comments on behalf of Kern County Citizens for Responsible Solar – Willow Springs Solar – First Solar – Kern County – Letter

April 12, 2016 Adams Broadwell Joseph Cardozo Final EIR Comments on behalf of Kern County Citizens for Responsible Solar – Willow Springs Solar – First Solar – Kern County – Staff Report & Response

Video of April 12, 2016 Kern County Board of Supervisors Meeting – Item 4 – Request from Willow Springs Solar, LLC by First Solar: allow construction of a 150-MW solar facility


Kevin Dayton is the President & CEO of Labor Issues Solutions, LLC, and is the author of frequent postings about generally unreported California state and local policy issues at www.laborissuessolutions.com. Follow him on Twitter at @DaytonPubPolicy.

Unions Pester Community Choice Aggregation Energy Programs in California

Where there is innovation, there is union interference.

Marin Clean Energy, the first “Community Choice Aggregation” program in California, is planning to build a solar farm on a “brownfield” in the City of Richmond. Only one party objected to the project on environmental grounds: “Bay Area Citizens for Responsible Solar,” a front group for California Unions for Reliable Energy (CURE).

It’s just the latest in a series of environmental objections by unions to bend the policies of Community Choice Aggregators.

What Are Community Choice Aggregation Programs?

Community Choice Aggregation programs are authorized in California by Assembly Bill 117, signed into law by Governor Gray Davis in 2002. The concept was elaborated in Senate Bill 790, signed into law by Governor Jerry Brown in 2011. The California Public Utilities Commission regulates Community Choice Aggregation.

These programs allow electric customers to circumvent buying power from major investor-owned public utilities such as Pacific Gas and Electric (PG&E), Southern California Edison (SCE) and San Diego Gas and Electric (SDG&E). Instead, customers purchase electricity bought or generated by government-run utilities organized as a “Joint Powers Authority.”

Investor-owned utilities maintain transmission and distribution infrastructure and perform other services for customers. When a local government joins a Community Choice Aggregation program, electric customers in that jurisdiction are automatically transferred to that program unless the customer pro-actively chooses to opt-out and remain with the investor-owned utility.

Community Choice Aggregators are independently managed and directed by an appointed board that represents participating local governments. For example, the board of Marin Clean Energy includes representatives of the following governments now participating in the program: the Marin County cities of Novato, Corte Madera, Fairfax, San Anselmo, Larkspur, Belvedere, San Rafael, Tiburon, Ross, Mill Valley, and Sausalito; the Solano County city of Benicia; the Contra Costa County cities of Richmond, El Cerrito, and San Pablo; the County of Marin, and unincorporated parts of the County of Napa. Other cities in the San Francisco Bay Area are in the process of joining the program, and they will have representation on the board.

Programs such as Marin Clean Energy market themselves as having lower rates and generating more power from “renewable” energy sources, such as solar, wind, bioenergy, geothermal, and small hydro. Marin Clean Energy claimed that in January 2016 its generation rates were 14% lower on average than PG&E’s generation rates and would have been even lower without a “Power Charge Indifference Adjustment” (PCIA) fee charged to customers who do not choose to remain with PG&E.

Community Choice Aggregation Is a Juicy Target for the Left

As shown by the California High-Speed Rail project, any ambitious project or program proposed in California is immediately targeted by numerous leftist interest groups that see an opportunity to advance their agenda. From the beginning, unions targeted Community Choice Aggregation programs as a vehicle to organize the “renewable energy” workforce through a so-called “Blue-Green Alliance.”

A Genuine California Union ConspiracyIn fact, Senate Bill 790 included an obscure provision – added at the demand of union lobbyists – to allow ratepayer money to be diverted into Labor-Management Cooperation Committees that fund environmental objections to energy projects and make massive contributions to campaigns to pass or defeat ballot measures.

See the October 18, 2012 UnionWatch article Mysterious Union Slush Fund Spends $100,000 Against Costa Mesa Charter, featuring a link to the TheTruthAboutPLAs article A Genuine California Union Conspiracy: Senate Bill 790 and the California Building Trades Council’s Ratepayer Funded Political Slush Fund, which links to the Coalition for Fair Employment in Construction’s “Investigative Report: A Genuine Union Conspiracy.”

In 2012, the California Construction Industry Labor Management Trust (“CILMT”) began submitting comments to the California Public Utilities Commission about proposed regulations for Community Choice Aggregators.

Unions Don’t Like Competition

Marin Clean Energy has been targeted by the International Brotherhood of Electrical Workers (IBEW) Local Union 1245, which represents employees at Pacific Gas & Electric. This union argued that the Community Choice Aggregation programs would harm the environment by buying power from Shell Energy North America, which generates more than 90% of its power from non-renewable sources, including coal. For example, in a June 4, 2014 letter to the Napa County Board of Supervisors, IBEW Local 1245 demanded that the Napa County Board of Supervisors prepare an Environmental Impact Report (EIR) before joining Marin Clean Energy.

June 4, 2014 Adams Broadwell Joseph & Cardozo Demand EIR on behalf of International Brotherhood of Electrical Workers IBEW Local 1245 – Marin Clean Energy – County of Napa

IBEW Local 1245 also targeted the CleanPowerSF Community Choice Aggregation program and demanded an Environmental Impact Report before the implementation of that program:

August 13, 2013 San Francisco Public Utilities Commission Meeting Minutes – CleanPowerSF Community Choice Aggregation – International Brotherhood of Electrical Workers IBEW Local 1245 Objections

January 30, 2013 International Brotherhood of Electrical Workers IBEW Local 1245 – Community Choice Aggregation Needs Close Scrutiny

What unions really want is a Project Labor Agreement.

If You Plan to Build a Solar Plant in California, Expect Union Hassles

A position paper of the “East Bay Clean Power Alliance” entitled “Promoting a Labor-friendly Alameda County Community Choice Energy Program” calls for all construction under a Project Labor Agreement and explains how Community Choice Aggregation programs would bring construction workers into a union:

As a public program, it can prioritize public good over profit, and work with unions to generate high-road, family-sustaining jobs, utilize union apprenticeship and other entry-level job programs, and offer pathways out of poverty, especially in low income communities…A Community Choice energy program can be a unique vehicle for opening up the largely non-union community-based energy sector to union employment. This is possible because of the program’s ability to set work standards and also to aggregate smaller installation projects into larger projects more amenable to union labor agreements.

The idea is that a Community Choice Aggregation program would negotiate a Project Labor Agreement with California Unions for Reliable Energy (CURE), a Sacramento-based coalition of  unions, to cover all solar construction and maintenance, large and small.

Marin Clean Energy Is Targeted with Greenmail

According to the Marin Clean Energy website, “many local solar projects are under development in MCE’s service area including MCE Solar One, Cooley Quarry, Buck Institute, and Cost Plus.” A company signatory to the International Brotherhood of Electrical Workers won the contract to build the Buck Institute solar project.

MCE Solar One is the biggest solar plant proposed by Marin Clean Energy: a 10.5 megawatt project to be built on a 49-acre landfill site near a refinery in Richmond owned by Chevron. According to the Marin Clean Energy website, “Local communities are gearing up for construction of the largest publicly owned solar project in the Bay Area!”

Not so fast.

Unions were targeting this project, as shown through public comment at an August 19, 2015 community meeting about the project. On September 29, 2015, a group called “Bay Area Citizens for Responsible Solar” submitted a 31-page letter plus expert testimony and exhibits objecting under the California Environmental Quality Act (CEQA) to the Draft Environmental Impact Report (DEIR) for MCE Solar One, also known as the Richmond Solar PV Project. What sounds like a community environmental organization is actually a front group for California Unions for Reliable Energy (CURE).

September 29, 2015 Adams Broadwell Joseph & Cardozo – DEIR Comments – Richmond Solar PV Project – Marin Clean Energy Community Choice Aggregation – Letter

September 29, 2015 Adams Broadwell Joseph & Cardozo – DEIR Comments – Richmond Solar PV Project – Marin Clean Energy Community Choice Aggregation – Exhibits

Staff wasn’t impressed, as shown in the response to the union comments:

September 29, 2015 Adams Broadwell Joseph & Cardozo – DEIR Comments – Richmond Solar PV Project – Marin Clean Energy Community Choice Aggregation – Staff Response

Adams Broadwell Joseph & Cardoza Objects to FEIR - Richmond Solar PV Project - Marin Clean EnergyAs is typical with union environmental objections, attorneys for California Unions for Reliable Energy submitted another round of comments at the last minute objecting to the Final Environmental Impact Report (FEIR). After examining the documents at the November 19, 2015 meeting of the Marin Clean Energy board, legal counsel declared that the late submissions contained nothing new of concern. The board unanimously approved the FEIR.

One board member said “it is a sad day that CEQA has really become less and less about the environment and more and more about power. Governor Brown has tried to address this with reform to CEQA and this item follows that direction.”

November 19, 2015 Marin Clean Energy Board Minutes – Approval of FEIR for Richmond Solar PV Project

Don’t count on that reform coming anytime soon.


Kevin Dayton is the President & CEO of Labor Issues Solutions, LLC, and is the author of frequent postings about generally unreported California state and local policy issues at www.laborissuessolutions.com. Follow him on Twitter at @DaytonPubPolicy.

California Construction Unions Saved the Planet Again in 2015

California construction trade unions continue to protect the environment from the scourges of renewable energy and infill development. A chart below provides examples of their achievements for the planet in 2015.

Meanwhile, 2015 ends with the annual chatter at the state capitol that “maybe next year” will be the year that the California legislature amends the California Environmental Quality Act (CEQA) to end such nonsense. Inspiring this goal for 2016 is an August 2015 study, In the Name of the Environment: Litigation Abuse Under CEQA, which provides new evidence about the distortion of this law by unscrupulous parties.

California’s environmental laws give the public significant authority in ensuring that state agencies and local governments appropriately protect the environment when considering new projects or programs. Allowing the public to play a key role in environmental protection is a check and balance against government ignorance, incompetence, and corruption.

But giving the public a legal role in environmental protection provides a powerful weapon for organizations or individuals who have selfish or ideologicial motivations to prevent construction. It also allows businesses to hinder the growth and prosperity of their competition. And it gives organizations an opportunity to extort private developers and public agencies into making payouts or granting economic concessions that aren’t related to environmental protection. (This practice is sometimes called “greenmail” because it is blackmail using environmental laws.)

The most-feared wielders of California’s environmental laws are labor unions. If you doubt this, note over the years how often corporations and business groups condemn all kinds of CEQA abuse in public without ever mentioning unions as a chief ringleader of the practice. A typical example is this April 15, 2015 op-ed in the San Diego Union-TribuneCEQA Reform: Don’t Allow Gaming of the System.

A deal is announced to end union environmental objections to the Phase 3 construction of the San Diego Convention Center. The project was never built.

A deal is announced to end union environmental objections to the Phase 3 construction of the San Diego Convention Center. The project was never built.

A reader would not learn that one of the most aggressive advocates of union CEQA abuse victimized one of the co-authors of that op-ed with one of the most notorious examples of union CEQA abuse. Read the www.UnionWatch.org story at Finally Got It! Secret Union Deal for San Diego Convention Center.

The State Building and Construction Trades Council of California (with its front group California Unions for Reliable Energy, or CURE) remains the primary obstacle to CEQA reform, not environmentalists or even other unions that routinely use CEQA to win concessions. They are the gatekeepers to CEQA exemptions granted for government agencies and private developers. Two kinds of projects have risen above state environmental protection: major league professional sports facilities and high-speed rail. It is not coincidental that construction trade unions have Project Labor Agreements or Project Labor Agreement commitments on such work.

Here’s a chart of construction union activity in 2015 involving the California Environmental Quality Act or the Warren-Alquist Act (for power plant licensing at the California Energy Commission).

 

Table A-1California K-12 School Districts Ranked by
Enrollment
2013-2014
RankDistrictTotal
1Los Angeles Unified School District646,683
2San Diego Unified School District129,779
3Garden Grove Unified School District92,354
4Long Beach Unified School District79,709
5Fresno Unified School District73,543
6Elk Grove Unified School District62,888
7San Francisco Unified School District58,414
8Santa Ana Unified School District56,815
9Capistrano Unified School District54,036
10Corona-Norco Unified School District53,739
11San Bernardino City Unified School District53,365
12San Juan Unified School District49,114
13Oakland Unified School District48,077
14Sacramento City Unified School District46,868
15Riverside Unified School District42,339
16Clovis Unified School District41,169
17Sweetwater Union High School District41,018
18Stockton Unified School District40,057
19Fontana Unified School District39,470
20Kern High School District37,318
21Poway Unified School District35,629
22Fremont Unified School District34,208
23Moreno Valley Unified School District34,170
24San Jose Unified School District32,938
25San Ramon Valley Unified School District31,954
26Mt. Diablo Unified School District31,923
27Anaheim Union High School District31,659
28Irvine Unified School District31,392
29Twin Rivers Unified School District31,035
30West Contra Costa Unified School District30,596
31Lodi Unified School District30,349
32Bakersfield City School District30,076
33Temecula Valley Unified School District30,016
34Chino Valley Unified School District29,937
35Chula Vista Elementary School District29,806
36Orange Unified School District29,473
37Montebello Unified School District29,062
38Saddleback Valley Unified School District29,028
39Desert Sands Unified School District28,999
40Visalia Unified School District28,267
41William S. Hart Union High School District26,983
42East Side Union High School District26,760
43Rialto Unified School District26,225
44Glendale Unified School District26,168
45Placentia-Yorba Linda Unified School District25,595
46Vista Unified School District25,377
47Pomona Unified School District25,311
48Antelope Valley Union High School District24,619
49Chaffey Joint Union High School District24,598
50Tustin Unified School District24,059
51Torrance Unified School District23,947
52Hesperia Unified School District23,735
53Palm Springs Unified School District23,332
54Colton Joint Unified School District23,322
55Manteca Unified School District23,188
56Downey Unified School District22,698
57Murrieta Valley Unified School District22,698
58Hayward Unified School District22,555
59Ontario-Montclair School District22,521
60Lake Elsinore Unified School District22,258
61Grossmont Union High School District22,220
62Compton Unified School District22,106
63Palmdale Elementary School District21,956
64Newport-Mesa Unified School District21,905
65Hemet Unified School District21,414
66Fairfield-Suisun Unified School District21,366
67Redlands Unified School District21,326
68ABC Unified School District20,998
69Oceanside Unified School District20,980
70San Marcos Unified School District20,452
71Pajaro Valley Unified School District20,438
72Madera Unified School District20,415
73Val Verde Unified School District19,841
74Conejo Valley Unified School District19,727
75Hacienda la Puente Unified School District19,642
76Folsom-Cordova Unified School District19,527
77Alvord Unified School District19,390
78Jurupa Unified School District19,330
79Escondido Union School District19,204
80Anaheim City School District19,164
81Cupertino Union School District19,079
82Norwalk-La Mirada Unified School District18,960
83Coachella Valley Unified School District18,878
84Napa Valley Unified School District18,610
85Pasadena Unified School District18,586
86Antioch Unified School District18,352
87Baldwin Park Unified School District18,316
88Simi Valley Unified School District17,821
89Alhambra Unified School District17,617
90Panama-Buena Vista Union School District17,469
91Ventura Unified School District17,366
92Oxnard Union High School District17,148
93Tracy Joint Unified School District16,935
94Oxnard School District16,916
95Cajon Valley Union School District16,601
96Huntington Beach Union High School District16,343
97Burbank Unified School District16,332
98Santa Maria-Bonita School District16,026
99Paramount Unified School District15,681
100Santa Barbara Unified School District15,593
101Central Unified School District15,584
102Santa Clara Unified School District15,298
103Modesto City Elementary School District15,259
104Lancaster Elementary School District15,149
105Rowland Unified School District15,055
106Vallejo City Unified School District14,996
107Modesto City High School District14,969
108Lynwood Unified School District14,776
109Pleasanton Unified School District14,768
110Walnut Valley Unified School District14,532
111Salinas Union High School District14,437
112Apple Valley Unified School District14,401
113Fullerton Joint Union High School District14,396
114West Covina Unified School District14,213
115Turlock Unified School District14,127
116Porterville Unified School District14,119
117Victor Valley Union High School District13,889
118Chico Unified School District13,739
119Ceres Unified School District13,694
120Fullerton Elementary School District13,678
121Livermore Valley Joint Unified School District13,653
122Etiwanda Elementary School District13,652
123Natomas Unified School District13,630
124Inglewood Unified School District13,469
125Yuba City Unified School District13,366
126Bellflower Unified School District13,149
127Whittier Union High School District12,983
128Evergreen Elementary School District12,857
129Vacaville Unified School District12,837
130Rocklin Unified School District12,738
131San Dieguito Union High School District12,645
132Palo Alto Unified School District12,527
133New Haven Unified School District12,459
134Alum Rock Union Elementary School District12,386
135Covina-Valley Unified School District12,274
136Victor Elementary School District12,181
137La Mesa-Spring Valley School District12,144
138San Lorenzo Unified School District12,070
139San Mateo-Foster City School District11,858
140Gilroy Unified School District11,840
141Palos Verdes Peninsula Unified School District11,632
142Upland Unified School District11,380
143Santa Monica-Malibu Unified School District11,289
144Las Virgenes Unified School District11,259
145Santa Rosa High School District11,244
146Sanger Unified School District11,204
147Franklin-McKinley Elementary School District11,193
148Carlsbad Unified School District11,049
149Alameda Unified School District11,020
150Menifee Union Elementary School District11,011
151Pittsburg Unified School District10,969
152Oak Grove Elementary School District10,921
153Fremont Union High School District10,792
154Merced City Elementary School District10,788
155Lucia Mar Unified School District10,710
156San Jacinto Unified School District10,698
157Monterey Peninsula Unified School District10,653
158Perris Union High School District10,510
159Berkeley Unified School District10,442
160Adelanto Elementary School District10,378
161Milpitas Unified School District10,281
162Los Banos Unified School District10,260
163Roseville Joint Union High School District10,223
164Bonita Unified School District10,146
165Lompoc Unified School District10,076
166Woodland Joint Unified School District10,055
167Merced Union High School District10,039
168Los Alamitos Unified School District9,914
169Saugus Union School District9,911
170Roseville City Elementary School District9,820
171Yucaipa-Calimesa Joint Unified School District9,779
172Kings Canyon Joint Unified School District9,775
173Sequoia Union High School District9,693
174Marysville Joint Unified School District9,647
175Arcadia Unified School District9,582
176Westminster School District9,503
177Tulare City School District9,497
178Escondido Union High School District9,442
179Morongo Unified School District9,439
180El Monte Union High School District9,388
181Redondo Beach Unified School District9,364
182Castro Valley Unified School District9,361
183Greenfield Union School District9,345
184Azusa Unified School District9,277
185Lincoln Unified School District9,277
186Calexico Unified School District9,263
187Beaumont Unified School District9,256
188Alisal Union School District9,153
189Dublin Unified School District9,151
190El Rancho Unified School District9,129
191Salinas City Elementary School District9,125
192Western Placer Unified School District9,116
193South San Francisco Unified School District9,111
194East Whittier City Elementary School District9,064
195Redwood City Elementary School District9,042
196El Monte City School District9,031
197Ocean View School District9,010
198Morgan Hill Unified School District9,000
199Westside Union Elementary School District8,941
200Hawthorne School District8,809
201Davis Joint Unified School District8,626
202San Leandro Unified School District8,617
203Sylvan Union Elementary School District8,565
204Brentwood Union Elementary School District8,562
205Hueneme Elementary School District8,396
206San Mateo Union High School District8,321
207Liberty Union High School District8,087
208Novato Unified School District8,029
209Washington Unified School District7,978
210Centinela Valley Union High School District7,878
211Snowline Joint Unified School District7,826
212Santa Maria Joint Union High School District7,782
213Berryessa Union Elementary School District7,758
214Glendora Unified School District7,733
215South Bay Union School District7,646
216Campbell Union School District7,642
217San Luis Coastal Unified School District7,636
218Delano Union Elementary School District7,600
219Campbell Union High School District7,453
220Pleasant Valley School District7,401
221Mountain View Elementary School District7,345
222Jefferson Elementary School District7,111
223Claremont Unified School District7,046
224Lennox School District7,022
225Manhattan Beach Unified School District6,890
226Huntington Beach City Elementary School District6,864
227El Dorado Union High School District6,810
228Sunnyvale School District6,787
229Culver City Unified School District6,757
230Newhall School District6,739
231Dry Creek Joint Elementary School District6,715
232Moorpark Unified School District6,703
233Dinuba Unified School District6,580
234Paso Robles Joint Unified School District6,555
235Santee School District6,472
236Selma Unified School District6,447
237San Gabriel Unified School District6,410
238Magnolia Elementary School District6,403
239Ukiah Unified School District6,349
240Fountain Valley Elementary School District6,305
241Lawndale Elementary School District6,300
242Newark Unified School District6,196
243Cotati-Rohnert Park Unified School District6,145
244Lakeside Union Elementary School District6,135
245Whittier City Elementary School District6,124
246El Centro Elementary School District6,101
247Patterson Joint Unified School District6,024
248Brea-Olinda Unified School District5,977
249Temple City Unified School District5,953
250Hanford Elementary School District5,934
251Barstow Unified School District5,920
252Alta Loma Elementary School District5,917
253Monrovia Unified School District5,903
254National Elementary School District5,829
255Perris Elementary School District5,821
256Ramona City Unified School District5,697
257Hollister School District5,669
258Shasta Union High School District5,561
259Union Elementary School District5,533
260Santa Rosa Elementary School District5,466
261Santa Paula Unified School District5,459
262Encinitas Union Elementary School District5,445
263Sulphur Springs Union School District5,437
264Windsor Unified School District5,415
265Acalanes Union High School District5,402
266Travis Unified School District5,398
267Petaluma Joint Union High School District5,397
268Rosedale Union Elementary School District5,397
269Tulare Joint Union High School District5,325
270Oakdale Joint Unified School District5,292
271Orcutt Union Elementary School District5,269
272Charter Oak Unified School District5,158
273Buckeye Union Elementary School District5,157
274Fallbrook Union Elementary School District5,113
275Mountain View Whisman School District5,065
276Garvey Elementary School District5,051
277La Habra City Elementary School District5,022
278Kerman Unified School District4,997
279Buena Park Elementary School District4,985
280Oakley Union Elementary School District4,946
281Rio Elementary School District4,946
282Sierra Sands Unified School District4,944
283Benicia Unified School District4,924
284Soledad Unified School District4,915
285Jefferson Union High School District4,906
286Atwater Elementary School District4,855
287San Ysidro Elementary School District4,842
288Moreland School District4,825
289South Pasadena Unified School District4,767
290Santa Cruz City High School District4,731
291Atascadero Unified School District4,722
292Central Elementary School District4,701
293Oak Park Unified School District4,693
294Los Altos Elementary School District4,675
295San Rafael City Elementary School District4,635
296Sonoma Valley Unified School District4,635
297San Lorenzo Valley Unified School District4,613
298Banning Unified School District4,599
299New Jerusalem Elementary School District4,536
300Center Joint Unified School District4,533
301Little Lake City Elementary School District4,512
302North Monterey County Unified School District4,493
303Centralia Elementary School District4,491
304Del Mar Union Elementary School District4,399
305Coalinga-Huron Unified School District4,367
306Burton Elementary School District4,347
307Tehachapi Unified School District4,272
308Paradise Unified School District4,265
309Delano Joint Union High School District4,235
310Martinez Unified School District4,221
311Ravenswood City Elementary School District4,216
312Beverly Hills Unified School District4,212
313Tamalpais Union High School District4,165
314Lindsay Unified School District4,163
315Valley Center-Pauma Unified School District4,155
316Julian Union Elementary School District4,142
317Placer Union High School District4,137
318Central Union High School District4,106
319Cutler-Orosi Joint Unified School District4,083
320Wiseburn Unified School District4,065
321La Canada Unified School District4,058
322Acton-Agua Dulce Unified School District4,043
323Norris Elementary School District4,041
324Cypress Elementary School District3,990
325Tahoe-Truckee Unified School District3,978
326Bassett Unified School District3,959
327Waterford Unified School District3,954
328Lemon Grove School District3,922
329Belmont-Redwood Shores Elementary School District3,900
330Imperial Unified School District3,898
331Duarte Unified School District3,896
332Albany City Unified School District3,881
333Lake Tahoe Unified School District3,881
334Mountain View-Los Altos Union High School District3,881
335Brawley Elementary School District3,878
336Oro Grande Elementary School District3,857
337Gateway Unified School District3,853
338Hanford Joint Union High School District3,845
339Amador County Unified School District3,825
340Dixon Unified School District3,808
341Mountain Empire Unified School District3,804
342Fillmore Unified School District3,774
343Eureka City Schools3,722
344Goleta Union Elementary School District3,701
345Rescue Union Elementary School District3,700
346Rim of the World Unified School District3,695
347Galt Joint Union Elementary School District3,693
348Ripon Unified School District3,680
349Loomis Union Elementary School District3,636
350Rincon Valley Union Elementary School District3,632
351Enterprise Elementary School District3,622
352Walnut Creek Elementary School District3,608
353Wasco Union Elementary School District3,584
354Richland Union Elementary School District3,530
355Lafayette Elementary School District3,525
356Romoland Elementary School District3,505
357Del Norte County Unified School District3,502
358El Segundo Unified School District3,477
359McFarland Unified School District3,469
360San Carlos Elementary School District3,457
361Greenfield Union Elementary School District3,448
362Redding Elementary School District3,440
363Lammersville Joint Unified School District3,433
364Parlier Unified School District3,418
365Cambrian School District3,378
366Cabrillo Unified School District3,373
367Eastside Union Elementary School District3,353
368Eureka Union School District3,338
369Los Gatos Union Elementary School District3,320
370Burlingame Elementary School District3,304
371Los Gatos-Saratoga Joint Union High School District3,302
372Corcoran Joint Unified School District3,293
373Santa Rita Union Elementary School District3,292
374Stanislaus Union Elementary School District3,292
375Fruitvale Elementary School District3,259
376Mill Valley Elementary School District3,242
377Lemoore Union Elementary School District3,228
378Lowell Joint School District3,209
379Spencer Valley Elementary School District3,205
380Palo Verde Unified School District3,177
381Coronado Unified School District3,169
382South Whittier Elementary School District3,153
383Pacifica School District3,150
384Mendota Unified School District3,146
385Solana Beach Elementary School District3,146
386San Marino Unified School District3,143
387Konocti Unified School District3,130
388Standard Elementary School District3,121
389Arvin Union School District3,101
390Calaveras Unified School District3,079
391Laguna Beach Unified School District3,074
392Southern Kern Unified School District3,043
393Empire Union Elementary School District3,034
394Nevada Joint Union High School District3,003
395San Benito High School District3,003
396Washington Unified School District2,993
397Exeter Unified School District2,979
398Lamont Elementary School District2,958
399Newman-Crows Landing Unified School District2,946
400Lucerne Valley Unified School District2,921
401Menlo Park City Elementary School District2,904
402Nuview Union School District2,894
403Escalon Unified School District2,849
404Riverbank Unified School District2,835
405Dehesa Elementary School District2,809
406San Bruno Park Elementary School District2,796
407Weaver Union School District2,796
408Roseland School District2,755
409Piedmont City Unified School District2,706
410Mojave Unified School District2,696
411Delhi Unified School District2,686
412Ocean View School District2,682
413Ojai Unified School District2,680
414Oroville City Elementary School District2,678
415Rosemead Elementary School District2,668
416Keppel Union Elementary School District2,641
417Farmersville Unified School District2,626
418King City Union School District2,623
419Mountain View Elementary School District2,611
420Reef-Sunset Unified School District2,606
421Livingston Union School District2,602
422Salida Union Elementary School District2,576
423Castaic Union School District2,568
424Orinda Union Elementary School District2,529
425Cucamonga Elementary School District2,517
426Mt. Pleasant Elementary School District2,502
427Carmel Unified School District2,492
428Templeton Unified School District2,487
429Scotts Valley Unified School District2,482
430Fowler Unified School District2,477
431Gonzales Unified School District2,477
432Millbrae Elementary School District2,469
433Bear Valley Unified School District2,453
434Fallbrook Union High School District2,439
435Maricopa Unified School District2,438
436Jefferson Elementary School District2,425
437Fairfax Elementary School District2,412
438River Delta Joint Unified School District2,404
439Savanna Elementary School District2,392
440Petaluma City Elementary School District2,379
441San Rafael City High School District2,365
442Santa Cruz City Elementary School District2,361
443Lemoore Union High School District2,340
444Kingsburg Elementary Charter School District2,334
445Ross Valley Elementary School District2,320
446Firebaugh-Las Deltas Unified School District2,296
447Woodlake Unified School District2,291
448Bonsall Unified School District2,287
449Marcum-Illinois Union Elementary School District2,283
450Linden Unified School District2,278
451Silver Valley Unified School District2,278
452Dos Palos Oro Loma Joint Unified School District2,277
453Oroville Union High School District2,272
454Galt Joint Union High School District2,263
455Orland Joint Unified School District2,254
456Hilmar Unified School District2,253
457Carpinteria Unified School District2,239
458Robla Elementary School District2,231
459Chowchilla Elementary School District2,190
460Red Bluff Union Elementary School District2,163
461Hughson Unified School District2,146
462Plumas Unified School District2,130
463Live Oak Elementary School District2,108
464Taft City School District2,079
465Saratoga Union Elementary School District2,069
466West Sonoma County Union High School District2,069
467Auburn Union Elementary School District2,060
468Soquel Union Elementary School District2,054
469Gridley Unified School District2,051
470Gorman Elementary School District2,050
471Corning Union Elementary School District2,043
472South Monterey County Joint Union High School District2,033
473Pacific Grove Unified School District2,012
474Dixie Elementary School District1,999
475Yosemite Unified School District1,982
476Byron Union Elementary School District1,963
477Helendale Elementary School District1,959
478Earlimart Elementary School District1,952
479Willits Unified School District1,942
480Bishop Unified School District1,939
481Muroc Joint Unified School District1,936
482Golden Valley Unified School District1,923
483Old Adobe Union School District1,886
484Anderson Union High School District1,885
485Winton School District1,885
486Brawley Union High School District1,878
487Fort Bragg Unified School District1,873
488Bellevue Union Elementary School District1,872
489Gustine Unified School District1,863
490Moraga Elementary School District1,852
491Alpine Union Elementary School District1,845
492Newcastle Elementary School District1,844
493Golden Plains Unified School District1,831
494Mariposa County Unified School District1,806
495Armona Union Elementary School District1,804
496Los Nietos School District1,767
497Live Oak Unified School District1,757
498Beardsley Elementary School District1,753
499Central Union Elementary School District1,748
500Wasco Union High School District1,747
501Northern Humboldt Union High School District1,739
502Grass Valley Elementary School District1,733
503John Swett Unified School District1,699
504Kelseyville Unified School District1,681
505Middletown Unified School District1,667
506Healdsburg Unified School District1,650
507Wright Elementary School District1,622
508Riverdale Joint Unified School District1,620
509Red Bluff Joint Union High School District1,601
510Holtville Unified School District1,597
511Pioneer Union Elementary School District1,577
512Lakeport Unified School District1,556
513Hillsborough City Elementary School District1,546
514Reed Union Elementary School District1,546
515Winters Joint Unified School District1,521
516Larkspur-Corte Madera School District1,504
517Hermosa Beach City Elementary School District1,479
518Colusa Unified School District1,456
519Pierce Joint Unified School District1,443
520Willows Unified School District1,443
521Mark West Union Elementary School District1,433
522Caruthers Unified School District1,428
523Piner-Olivet Union Elementary School District1,419
524Thermalito Union Elementary School District1,409
525Cloverdale Unified School District1,394
526Las Lomitas Elementary School District1,386
527Mesa Union Elementary School District1,385
528Fortuna Elementary School District1,381
529Williams Unified School District1,377
530McCabe Union Elementary School District1,368
531Wheatland School District1,341
532Wilsona Elementary School District1,333
533Black Oak Mine Unified School District1,314
534Sierra Unified School District1,309
535Denair Unified School District1,293
536Twin Hills Union Elementary School District1,286
537Guadalupe Union Elementary School District1,282
538Palermo Union Elementary School District1,275
539Lakeside Union School District1,274
540Saint Helena Unified School District1,269
541Placerville Union Elementary School District1,249
542Heber Elementary School District1,233
543Pleasant Ridge Union Elementary School District1,229
544Kentfield Elementary School District1,223
545Kingsburg Joint Union High School District1,222
546Valle Lindo Elementary School District1,222
547Cascade Union Elementary School District1,202
548Calipatria Unified School District1,196
549Mammoth Unified School District1,193
550Plumas Lake Elementary School District1,189
551Fall River Joint Unified School District1,169
552Aromas/San Juan Unified School District1,164
553McKinleyville Union Elementary School District1,141
554Pixley Union Elementary School District1,122
555Hart-Ransom Union Elementary School District1,109
556Sonora Union High School District1,101
557Summerville Union High School District1,097
558Mother Lode Union Elementary School District1,088
559Keyes Union School District1,085
560Cottonwood Union Elementary School District1,083
561Chawanakee Unified School District1,068
562Fortuna Union High School District1,066
563Blochman Union Elementary School District1,063
564Evergreen Union School District1,063
565Arcata Elementary School District1,059
566Taft Union High School District1,059
567Edison Elementary School District1,056
568Bennett Valley Union Elementary School District1,048
569Rio Bravo-Greeley Union Elementary School District1,035
570Hope Elementary School District1,031
571Orange Center School District1,031
572Chowchilla Union High School District1,026
573Klamath-Trinity Joint Unified School District1,025
574Santa Ynez Valley Union High School District1,025
575Susanville Elementary School District1,012
576Yreka Union Elementary School District984
577Meridian Elementary School District978
578Esparto Unified School District976
579Oak Grove Union Elementary School District975
580Spreckels Union Elementary School District974
581Durham Unified School District960
582Corning Union High School District959
583Liberty Elementary School District958
584Terra Bella Union Elementary School District946
585Jamul-Dulzura Union Elementary School District945
586Waugh Elementary School District942
587Washington Union Elementary School District933
588Mupu Elementary School District917
589Sebastopol Union Elementary School District898
590Orchard Elementary School District890
591Raisin City Elementary School District883
592Nevada City Elementary School District879
593Lassen Union High School District873
594South Bay Union Elementary School District869
595McSwain Union Elementary School District865
596Borrego Springs Unified School District864
597Bass Lake Joint Union Elementary School District858
598Strathmore Union Elementary School District858
599Westside Elementary School District854
600San Miguel Joint Union School District849
601Kernville Union Elementary School District840
602Needles Unified School District835
603Calistoga Joint Unified School District832
604Modoc Joint Unified School District823
605Vineland Elementary School District823
606Columbia Elementary School District820
607Sundale Union Elementary School District820
608Mark Twain Union Elementary School District816
609Placer Hills Union Elementary School District801
610Banta Elementary School District795
611Mattole Unified School District780
612Kings River-Hardwick Union Elementary School District778
613Southern Humboldt Joint Unified School District776
614Planada Elementary School District766
615San Pasqual Valley Unified School District759
616El Tejon Unified School District744
617North County Joint Union Elementary School District742
618Wheatland Union High School District735
619Cardiff Elementary School District731
620Sutter Union High School District726
621Bret Harte Union High School District723
622Hamilton Unified School District719
623Penn Valley Union Elementary School District717
624Harmony Union Elementary School District714
625Antelope Elementary School District712
626Pollock Pines Elementary School District706
627Gravenstein Union Elementary School District704
628Laton Joint Unified School District704
629Coast Unified School District703
630Stone Corral Elementary School District702
631Emery Unified School District695
632Rancho Santa Fe Elementary School District691
633Yreka Union High School District670
634Ravendale-Termo Elementary School District665
635Sonora Elementary School District660
636Trinity Alps Unified School District660
637Scott Valley Unified School District658
638West Park Elementary School District657
639Grant Elementary School District655
640Richgrove Elementary School District651
641Gold Trail Union Elementary School District637
642Union Hill Elementary School District634
643Alpaugh Unified School District629
644Portola Valley Elementary School District629
645Buellton Union Elementary School District626
646Tipton Elementary School District612
647Chatom Union School District597
648Solvang Elementary School District591
649Pacific Union Elementary School District588
650Siskiyou Union High School District579
651Cutten Elementary School District577
652Vallecito Union School District577
653Pacheco Union Elementary School District575
654Lost Hills Union Elementary School District574
655Alta Vista Elementary School District573
656Los Molinos Unified School District567
657Briggs Elementary School District561
658Columbia Union School District556
659San Pasqual Union Elementary School District553
660Luther Burbank School District552
661Mendocino Unified School District551
662Biggs Unified School District542
663Anderson Valley Unified School District540
664Happy Valley Union Elementary School District537
665Knightsen Elementary School District532
666Camino Union Elementary School District529
667Palo Verde Union Elementary School District529
668Pleasant View Elementary School District522
669Sausalito Marin City School District521
670Upper Lake Union Elementary School District521
671Shoreline Unified School District519
672Oak Valley Union Elementary School District518
673Mt. Shasta Union Elementary School District517
674Le Grand Union High School District505
675Soulsbyville Elementary School District503
676Loma Prieta Joint Union Elementary School District496
677Ferndale Unified School District494
678Camptonville Elementary School District489
679Woodville Union Elementary School District481
680Franklin Elementary School District477
681Los Olivos Elementary School District471
682Gold Oak Union Elementary School District463
683Jamestown Elementary School District462
684Kings River Union Elementary School District462
685Monson-Sultana Joint Union Elementary School District461
686Tulelake Basin Joint Unified School District460
687Brittan Elementary School District457
688Brisbane Elementary School District456
689Curtis Creek Elementary School District449
690Meadows Union Elementary School District449
691Montecito Union Elementary School District448
692Woodside Elementary School District438
693Jacoby Creek Elementary School District427
694Washington Colony Elementary School District427
695Liberty Elementary School District414
696Kit Carson Union Elementary School District411
697Oak View Union Elementary School District411
698College Elementary School District408
699Rockford Elementary School District407
700Gerber Union Elementary School District404
701Laytonville Unified School District404
702Eastern Sierra Unified School District399
703Vallecitos Elementary School District396
704Round Valley Unified School District394
705Foresthill Union Elementary School District393
706Le Grand Union Elementary School District392
707Pacific Union Elementary School District385
708Summerville Elementary School District385
709Westwood Unified School District382
710Bayshore Elementary School District378
711Arcohe Union Elementary School District374
712Lone Pine Unified School District374
713Island Union Elementary School District373
714Sierra-Plumas Joint Unified School District372
715Ross Elementary School District367
716Westmorland Union Elementary School District363
717Bella Vista Elementary School District355
718Forestville Union Elementary School District354
719Alview-Dairyland Union Elementary School District352
720Sunnyside Union Elementary School District352
721Arena Union Elementary School District347
722Seeley Union Elementary School District345
723Ballico-Cressey Elementary School District344
724Buttonwillow Union Elementary School District343
725La Honda-Pescadero Unified School District340
726Big Oak Flat-Groveland Unified School District339
727Chualar Union School District337
728Freshwater Elementary School District336
729Elverta Joint Elementary School District334
730Rio Dell Elementary School District331
731Janesville Union Elementary School District328
732Colfax Elementary School District320
733Lakeside Union Elementary School District318
734Lassen View Union Elementary School District314
735Fort Sage Unified School District313
736Maxwell Unified School District312
737Sequoia Union Elementary School District305
738Butte Valley Unified School District302
739Upper Lake Union High School District302
740East Nicolaus Joint Union High School District301
741Warner Unified School District297
742Mountain Valley Unified School District296
743Pioneer Union Elementary School District292
744Shandon Joint Unified School District292
745Lagunitas Elementary School District286
746Manzanita Elementary School District284
747Maple Elementary School District282
748Springville Union Elementary School District278
749Sunol Glen Unified School District278
750Twain Harte School District274
751Guerneville Elementary School District270
752Millville Elementary School District266
753Lucerne Elementary School District263
754Cinnabar Elementary School District257
755Waukena Joint Union Elementary School District257
756Geyserville Unified School District253
757Clay Joint Elementary School District250
758Trona Joint Unified School District250
759South Fork Union School District249
760Junction Elementary School District246
761Weed Union Elementary School District244
762Richfield Elementary School District243
763Southside Elementary School District243
764Somis Union School District237
765Hope Elementary School District236
766Wilmar Union Elementary School District234
767Cuyama Joint Unified School District233
768Potter Valley Community Unified School District230
769Semitropic Elementary School District230
770Johnstonville Elementary School District227
771Loleta Union Elementary School District227
772Richmond Elementary School District226
773Traver Joint Elementary School District226
774North Cow Creek Elementary School District225
775Hughes-Elizabeth Lakes Union Elementary School District223
776Scotia Union Elementary School District220
777New Hope Elementary School District216
778Shaffer Union Elementary School District209
779Columbine Elementary School District208
780Pond Union Elementary School District208
781Di Giorgio Elementary School District207
782Butteville Union Elementary School District205
783Black Butte Union Elementary School District204
784Elk Hills Elementary School District203
785Capay Joint Union Elementary School District201
786Dunham Elementary School District201
787Pleasant Grove Joint Union School District201
788Montague Elementary School District200
789Monroe Elementary School District197
790Winship-Robbins School District197
791Paradise Elementary School District196
792Cayucos Elementary School District193
793Ducor Union Elementary School District191
794Grenada Elementary School District190
795Big Pine Unified School District189
796Blue Lake Union Elementary School District188
797Buena Vista Elementary School District187
798Big Valley Joint Unified School District186
799Douglas City Elementary School District186
800Trinidad Union Elementary School District184
801Hydesville Elementary School District183
802Princeton Joint Unified School District177
803Golden Feather Union Elementary School District176
804Chicago Park Elementary School District173
805Lake Elementary School District173
806El Nido Elementary School District172
807Alvina Elementary School District171
808San Antonio Union Elementary School District170
809Mt. Baldy Joint Elementary School District167
810West Side Union Elementary School District166
811Shasta Union Elementary School District165
812Baker Valley Unified School District162
813Two Rock Union School District161
814Plaza Elementary School District160
815Cold Spring Elementary School District158
816Fieldbrook Elementary School District157
817Julian Union High School District157
818General Shafter Elementary School District153
819Point Arena Joint Union High School District153
820Browns Elementary School District150
821Kenwood School District150
822Merced River Union Elementary School District150
823Clear Creek Elementary School District149
824Bonny Doon Union Elementary School District146
825Nuestro Elementary School District145
826Valley Home Joint Elementary School District144
827Three Rivers Union Elementary School District143
828Shiloh Elementary School District141
829Tres Pinos Union Elementary School District141
830Big Springs Union Elementary School District137
831Gratton Elementary School District137
832Round Valley Joint Elementary School District136
833Happy Valley Elementary School District134
834Pleasant Valley Joint Union Elementary School District133
835Ballard Elementary School District132
836Magnolia Union Elementary School District130
837Mission Union Elementary School District129
838Plainsburg Union Elementary School District129
839Reeds Creek Elementary School District126
840Cuddeback Union Elementary School District123
841Latrobe School District123
842Burrel Union Elementary School District121
843Midway Elementary School District120
844Mountain Elementary School District120
845Alexander Valley Union Elementary School District119
846Belleview Elementary School District118
847Vista del Mar Union School District118
848Bolinas-Stinson Union School District117
849Roberts Ferry Union Elementary School District117
850Happy Camp Union Elementary School District116
851Bangor Union Elementary School District114
852Surprise Valley Joint Unified School District114
853Pacific Elementary School District108
854Stony Creek Joint Unified School District106
855Alta-Dutch Flat Union Elementary School District103
856Howell Mountain Elementary School District101
857Southern Trinity Joint Unified School District101
858Lagunita Elementary School District100
859San Ardo Union Elementary School District100
860Outside Creek Elementary School District99
861Twin Ridges Elementary School District97
862Big Sur Unified School District96
863Burnt Ranch Elementary School District96
864Snelling-Merced Falls Union Elementary School District96
865Pine Ridge Elementary School District95
866Lakeside Joint School District93
867Leggett Valley Unified School District92
868Kirkwood Elementary School District91
869Bradley Union Elementary School District89
870Junction City Elementary School District89
871Monte Rio Union Elementary School District89
872Mulberry Elementary School District85
873Allensworth Elementary School District84
874Knights Ferry Elementary School District84
875Whitmore Union Elementary School District84
876Alpine County Unified School District83
877Raymond-Knowles Union Elementary School District83
878Saucelito Elementary School District82
879Owens Valley Unified School District81
880Dunsmuir Elementary School District79
881McKittrick Elementary School District78
882Pioneer Union Elementary School District74
883Canyon Elementary School District68
884Mountain Union Elementary School District68
885McCloud Union Elementary School District66
886Castle Rock Union Elementary School District61
887Horicon Elementary School District61
888Igo-Ono-Platina Union School District57
889Garfield Elementary School District58
890Santa Clara Elementary School District56
891Dunsmuir Joint Union High School District55
892Nicasio School District55
893Delphic Elementary School District54
894San Lucas Union Elementary School District52
895Big Creek Elementary School District51
896Lewiston Elementary School District51
897Feather Falls Union Elementary School District50
898Pope Valley Union Elementary School District50
899Caliente Union Elementary School District49
900Peninsula Union School District43
901Hornbrook Elementary School District42
902Manchester Union Elementary School District42
903Belridge Elementary School District40
904Big Lagoon Union Elementary School District40
905Linns Valley-Poso Flat Union School District40
906Willow Creek Elementary School District39
907Junction Elementary School District37
908Gazelle Union Elementary School District36
909Graves Elementary School District36
910Bridgeville Elementary School District35
911Death Valley Unified School District35
912Oak Run Elementary School District33
913Fort Ross Elementary School District32
914French Gulch-Whiskeytown Elementary School District32
915Flournoy Union Elementary School District30
916Citrus South Tule Elementary School District29
917Bitterwater-Tully Elementary School District27
918Kneeland Elementary School District27
919Seiad Elementary School District27
920Montgomery Elementary School District26
921Cienega Union Elementary School District25
922Desert Center Unified School District24
923Mountain House Elementary School District22
924Laguna Joint Elementary School District18
925Willow Grove Union Elementary School District18
926Indian Diggings Elementary School District17
927Indian Springs Elementary School District16
928Kashia Elementary School District16
929Elkins Elementary School District15
930Hot Springs Elementary School District15
931Little Shasta Elementary School District14
932Orick Elementary School District13
933Coffee Creek Elementary School District12
934Forks of Salmon Elementary School District11
935Jefferson Elementary School District11
936Trinity Center Elementary School District11
937Maple Creek Elementary School District10
938Klamath River Union Elementary School District9
939Silver Fork Elementary School District9
940Union Joint Elementary School District9
941Green Point Elementary School District8
942Panoche Elementary School District7
943Bogus Elementary School District6
944Blake Elementary School District5
945Lincoln Elementary School District5
TOTAL6,180,666

 


Kevin Dayton is the President & CEO of Labor Issues Solutions, LLC, and is the author of frequent postings about generally unreported California state and local policy issues at www.laborissuessolutions.com. Follow him on Twitter at @DaytonPubPolicy.

Unions Still Selectively Finding Environmental Calamity in California Solar Projects

Out of nowhere comes a new, well-funded champion of Mother Earth. A group called “Monterey County Residents for Responsible Development” has submitted two sets of letters and exhibits to Monterey County alleging serious deficiencies in its environmental review for the county’s first large solar photovoltaic power plant, the 280 megawatt California Flats.

Obviously the Monterey County Planning Commission agreed with county staff that the group’s fastidious objections under the California Environmental Quality Act (CEQA) weren’t credible. Commissioners voted 8-0 on January 14, 2015 to approve the project despite a last-minute “document dump” from lawyers representing the mysterious worried residents.

There has been one brief reference to this group in one local newspaper article. Monterey County community, business, and political leaders are generally unaware of the group, who comprises it, and why it is so concerned about nature.

What can the developer – First Solar, based in Tempe, Arizona – possibly do to mollify such a group and move the project forward, free of legal obstructions? The general public may not know, but regular readers of www.UnionWatch.org have probably already figured out who is behind the front group calling itself “Monterey County Residents for Responsible Development.”

The formulaic and obviously phony name of this unincorporated organization is a giveaway. For those who need additional clues, the name of the law firm representing these concerned residents is Adams Broadwell Joseph & Cardozo, based in South San Francisco.

CURE Reference in 2015-01-13 California Flats CURE Comment on FEIR

Yes, construction unions are at it again. In this case, California Unions for Reliable Energy (CURE) – a project of the State Building and Construction Trades Council of California – is joining a few unknown individuals to object to the California Flats solar photovoltaic power plant.

Surely the power plant developer knows what it needs to do to shake off this obstacle. In electronic folders and e-mail in-boxes, a Project Labor Agreement template waits to be printed out by a First Solar representative for a signature of surrender, followed by a signature of triumph from a union representative.

But will the additional cost of construction imposed by the union Project Labor Agreement (and the complementary 30-year union Maintenance Labor Agreement) make the project financially infeasible for First Solar? Is there extra government money somewhere available to subside union monopolies for “green energy” projects?

California may struggle to reach its ambitious greenhouse gas emissions reduction goals under Assembly Bill 32, the California Global Warming Solutions Act of 2006. In a few years, when California state agencies and local governments are compelled to intrude on residents’ personal behavior in order to reach those goals and save the planet, Californians can ironically blame the California Environmental Quality Act (CEQA) and the refusal of the legislature and governor to restrain union abuse of this law for financial gain.

Primary Source Documents

September 22, 2014 – California Flats Solar – California Unions for Reliable Energy (CURE) Comments on Draft Environmental Impact Report – Letter

September 22, 2014 – California Flats Solar – California Unions for Reliable Energy (CURE) Comments on Draft Environmental Impact Report – All Exhibits

December 23, 2014 – California Flats Solar – Monterey County Response to California Unions for Reliable Energy (CURE) in Final Environmental Impact Report

December 24, 2014 – California Flats Solar – California Unions for Reliable Energy (CURE) – Request for Records from Monterey County

January 13, 2015 – California Flats Solar – California Unions for Reliable Energy (CURE) Comments on Final Environmental Impact Report – Letter

January 13, 2015 – California Flats Solar – California Unions for Reliable Energy (CURE) Comments on Final Environmental Impact Report – All Exhibits

January 14, 2014 – California Flats Solar – Staff Report to Monterey County Planning Commission

Monterey County Resource Management Agency – Planning Department – Major Projects – California Flats Solar

California Unions for Reliable Energy (CURE) – State Building and Construction Trades Council of California – Website

Adams Broadwell Joseph & Cardozo – Website

First Solar – Website

News Coverage of Project, Including Article with One-Paragraph Reference to “Monterey County Residents for Responsible Development”

Major Solar Farm Proposed for Southeast County Ag LandMonterey County Weekly – March 7, 2013

Solar Farms on HorizonSalinas Californian – July 2, 2013

Voices of Opposition Surface as Solar Farm Proposal for South County Moves ForwardMonterey County Weekly – July 3, 2014

Draft Report Lays Out Details of Proposed California Flats Solar FarmMonterey County Weekly – August 14, 2014

Bid for Monterey County’s First Utility-Grade Solar Farm Releases Draft EIRMonterey County Herald – August 15, 2014

Monterey County Solar Farm Proposal Attracts Praise, CriticismMonterey County Herald – December 28, 2014

A separate letter from a law firm representing an organization called Monterey County Residents for Responsible Development also raised concerns about the potential for avian species such as the golden eagle and the Swainson’s hawk to mistake the reflective surfaces of the solar arrays for water, trees and other habitat, and injure themselves flying into them.

South County Solar Farm Gets Planning Commission Thumbs-Up – Monterey County Herald – January 14, 2015

Planning Commission Unanimously Recommends Approval on South County Solar FarmMonterey County Weekly – January 15, 2015

Background on Union “Greenmail” Against Solar Power Plants and Other Projects Using the California Environmental Quality Act (CEQA)

Did Unions Hasten Demise of California’s Solar Thermal Power Plants? – www.UnionWatch.org – July 16, 2013

Unions Extensively Interfere with California Solar Photovoltaic Power Plant Permitting – www.UnionWatch.org – July 20, 2013

Revised List of Union Actions in 2013 Under the California Environmental Quality Act (CEQA) – www.UnionWatch.org – September 3, 2013


Kevin Dayton is the President & CEO of Labor Issues Solutions, LLC, and is the author of frequent postings about generally unreported California state and local policy issues at www.laborissuessolutions.com. Follow him on Twitter at @DaytonPubPolicy.

Unions Extensively Interfere with California Solar Photovoltaic Power Plant Permitting

Earlier this week, www.UnionWatch.org posted the article Did Unions Hasten Demise of California’s Solar Thermal Power Plants? For the first time, the public can examine a comprehensive compilation of specific evidence showing how construction trade unions have exploited the state’s environmental protection laws to impede licensing of proposed solar thermal power plants at the California Energy Commission.

But what about proposed solar photovoltaic power plants, which are much more common but do not have a centralized process for environmental review and approval?

Now the public can go to this article here on www.UnionWatch.org (see list below) to examine the first-ever compilation of specific evidence showing how construction trade unions have exploited the state’s environmental protection laws (such as the California Environmental Quality Act, or CEQA) to impede permitting of solar photovoltaic power projects.

It’s difficult to track the development of solar photovoltaic power plants in California. Energy companies propose ambitious projects and then delay them or outright abandon them. Projects change ownership. Funding and government loans come and go. Names, locations, and sizes of proposed projects change. In addition, some local governments do not provide easy access to documents related to environmental review and permits.

Nevertheless, the list below is sufficient to prove that union “greenmail” or environmental permit extortion in California is as rampant against the solar photovoltaic power plant industry as it as against the solar thermal power plant industry.

The list includes recent proposed solar photovoltaic power plants that are classified under two conditions:

  1. Projects for which unions did the following: (1) filed lawsuits, (2) appealed the issuance of permits to a higher local authority, (3) objected to draft and final environmental impact reports and environmental impact statements, (4) objected to initial studies/mitigated negative declarations allowing the government to issue a permit, or (5) simply requested public documents – an action that sends a nasty warning to the applicant.
  2. Projects that unions openly supported or projects for which unions refrained from commenting, with reasonable evidence to show that the solar energy company committed to a Project Labor Agreement or some other deal that gave a union or unions exclusive control of some or all of the construction trade work. Only one actual Project Labor Agreement is linked below: companies and unions tend to regard their Project Labor Agreements as a trade secret (see an example of this confidentiality with the California Valley Solar Ranch project).

There are a handful of solar photovoltaic projects seriously under consideration or already approved by California local governments for which unions did not get involved in the permitting process and for which evidence is unavailable to confirm a union agreement or a unionized workforce. Projects under these conditions will be omitted from the list until union control is confirmed; nevertheless, it’s unlikely the unions are allowing their non-union competition to get any scraps. In fact, it’s reasonable to guess that right now the International Brotherhood of Electrical Workers (IBEW) union has a near-monopoly or complete monopoly on the electrical portion of solar photovoltaic power plant construction in California. Other unions such as the Operating Engineers and the Sheet Metal Workers may have guarantees for work on some projects. Meanwhile, the Laborers union (LIUNA) is also seeking control of lower-skill manual labor.

What does this mean for the solar power industry and for ratepayers? Several large non-union electrical contractors are highly competitive on price and quality and have a strong presence in the industrial and commercial construction market in many regions of California, especially outside of San Francisco and Los Angeles. Without question, aggressive interference in the permitting process for solar photovoltaic power plants has allowed certain unions to obtain almost complete control of solar power plant work that they never would have obtained under open competition.

Will the solar energy industry struggle to make money on California projects when forced to use exclusively union labor for some or all construction trades? Will some of these companies have trouble paying back government loans? Will the union interference in solar power plant permitting hinder the State of California in reaching its ambitious goals under the California Global Warming Solutions Act of 2006 (Assembly Bill 32 or AB 32)? And will this translate into higher electricity rates for Californians?

The answer to all four questions is probably yes. And the California State Legislature and Governor Jerry Brown will do nothing to stop it.

Involvement of California Unions for Reliable Energy (CURE) or International Brotherhood of Electrical Workers (IBEW) or the Laborers Union (LIUNA) in the Local Government Permitting Process for Solar Photovoltaic Power Plants

CONTRA COSTA COUNTY

Richmond Solar PV Project (Marin Clean Energy)

2015-09-29 Adams Broadwell Joseph & Cardozo – DEIR Comments – Richmond Solar PV Project – Marin Clean Energy CCA

FRESNO COUNTY

See Protests Over Valley Solar Projects Called a Ploy – Fresno Bee – April 29, 2012

Adame 1 – Gestamp Asetym Solar

Giffen 1 – Gestamp Asetym Solar

Inspiration Solar Generation Farm

Placer Solar

Three Rocks Solar

IMPERIAL COUNTY

Solar Gen 2 Solar Array: Alhambra, Arkansas, and Sonora

Calexico Solar Farm 1, Calexico Solar Farm 2, Mt. Signal

Calipatria Solar Farm 1 and 2, Midway Solar Farm 1 and 2

Campo Verde

Imperial Valley Solar Company 2

KERN COUNTY

Beacon Photovoltaic Project

Catalina Renewable Energy Project

Kingbird Solar

Pioneer Green Solar Project

Recurrent Energy 10 Solar Projects: RE Rosamond One, RE Rosamond Two, RE Tehachapi Solar, RE Tehachapi Solar 2, RE Columbia, Columbia Two, RE Columbia 3, RE Rio Grande, RE Great Lakes, RE Barren Ridge

Recurrent Energy Old River One

Valley Solar Project: Smyrna, Goose Lake. Elk Hills, San Bernard

Willow Springs Solar Array

KINGS COUNTY

Aurora

Corcoran West

GWF Henrietta

Recurrent Energy Solar Projects

Finally, ordinary citizens in the San Joaquin Valley learn how construction trade unions block solar power plant projects by exploiting the California Environmental Quality Act (CEQA).

According to union front groups such as California Unions for Reliable Energy (CURE), the construction and operation of a solar-powered electrical generating facility has the potential to devastate the environment; that is, until the developer agrees to sign a Project Labor Agreement with unions.

Stratford Photovoltaic Solar Facility

LOS ANGELES COUNTY

Alpine Solar

Antelope Valley Solar

Antelope Valley Solar Ranch One (AVSR1)

Silverado Power 20 MW and 40 MW – City of Lancaster
Soccer Center Solar Facility – City of Lancaster
MONTEREY COUNTY

California Flats

RIVERSIDE COUNTY

Desert Harvest Solar Farm

Desert Sunlight Solar Farm

McCoy Solar Energy Project

SAN BENITO COUNTY

Panoche Valley Solar Farm

SAN BERNARDINO COUNTY

Agincourt and Marathon

Alamo Oro Grade Solar Project

Aries Solar

Kramer Junction – Boulevard Associates

Kramer Junction – Lightsource Renewables

Lucerne Valley

Sunray Energy – Daggett

Stateline Solar Farm Project

SAN DIEGO COUNTY

Sol Orchard Ramona

SAN LUIS OBISPO COUNTY

California Valley Solar Ranch

Topaz

SANTA BARBARA COUNTY

Cuyama Solar Facility

STANISLAUS COUNTY

Fink Road Solar Farm

McHenry Solar Farm

TULARE COUNTY

Great Valley Solar


Kevin Dayton is the President & CEO of Labor Issues Solutions, LLC, and is the author of frequent postings about generally unreported California state and local policy issues at www.laborissuessolutions.com. Follow him on Twitter at @DaytonPubPolicy.

 

Did Unions Hasten Demise of California’s Solar Thermal Power Plants?

Below is the first organized compilation of documents showing what appears to be an aggressive, deliberate union campaign to impede government approval of solar thermal power projects in California. (Organized documentation of extensive union interference with government approval of more traditional solar photovoltaic power projects in California will be released soon.)

These innovative proposed solar thermal projects were once celebrated as the future of electricity generation. In August 2007, BrightSource Energy submitted the first application for a solar thermal power plant – the Ivanpah Solar Electric Generating System. At that time, the California Energy Commission was expecting dozens of applications for such power plants that could produce a total of as much as 24,000 megawatts of electricity. Visionaries saw California as the future “Saudi Arabia of solar.” (See Green Energy: Solar’s Big Boom – San Jose Mercury-News – September 26, 2007.) The Energy Commission subsequently received applications for 16 thermal solar power plants, listed below.

As of July 16, 2013, only one solar thermal project (Ivanpah) is nearing completion in its basic original form. Some projects have been cancelled; other projects have been postponed repeatedly, downgraded in size, or changed in concept from thermal to photovoltaic. Some companies proposing these projects have gone bankrupt and ownership has changed on some projects. An April 24, 2013 article in National Journal declared that California’s Dream to Be the Saudi Arabia of Solar Is Dead. It’s noteworthy that the California Energy Commission listing of “Large Solar Energy Projects” hasn’t been updated since September 14, 2012.

What role did unions have in this? Here’s a bit of background to put the compilation below in context.

Local Governments Approve Photovoltaic Solar Projects; The California Energy Commission Approves Thermal Solar Projects

Most of the solar projects proposed or under construction or now operating in California are “photovoltaic” or PV. A current is generated when sunlight hits panels. Many of these solar farms will generate less than 50 megawatts of electricity, although a 66 megawatt facility just opened near Lancaster and much larger ones are under construction.

Companies that want to build PV solar farms seek permits from local governments with jurisdiction over the land. Many of these projects are considered by planning commissions of counties with land in the San Joaquin Valley (Fresno, Kings, Tulare, Kern, San Luis Obispo) and in desert regions (Kern, Los Angeles, San Bernardino, Riverside, San Diego, Imperial). Appeals go to the county board of supervisors.

In contrast, the “siting” of solar thermal power plants must be approved by the five-member California Energy Commission, because this state agency has jurisdiction over power plants that generate 50 megawatts or more of electricity and also use heat to produce electricity. With solar thermal power plants, mirrors concentrate sunlight on a vessel to heat a liquid inside, which creates steam, which turns a turbine to produce electricity.

A Tactic to Delay Approval and Escalate Costs for Energy Companies Seeking Permits

Before the California Energy Commission approves a project, it subjects the proposal to a rigorous environmental review process. This includes three phases: (1) data collection, (2) discovery and analysis that results in a preliminary staff assessment and final staff assessment, and (3) an evidentiary hearing and decision that results in a Presiding Member’s Proposed Decision and then final approval of a license for the project.

Any member of the public can submit written comments to the California Energy Commission during the permitting or licensing process for large power plants. But California law also allows a member of the public to apply to the California Energy Commission to become an “intervenor” and play an active, integral role in the permitting process for an individual power plant. An intervenor not only participates as an interested party, but can also provide testimony and witnesses and cross-examine other parties’ witnesses, most importantly during the pivotal “evidentiary hearing.” Information provided or obtained by the intervenor becomes part of the basis for the California Energy Commission’s final decision.

Typically lasting a year or longer, the review process is supposed to be open and transparent to the public. In order to preserve the integrity and the impartiality of the Energy Commission’s licensing process, California law prohibits any private “ex parte” communication between the power plant applicant, the Energy Commission staff, and outside intervenors. No party can communicate with decision-makers except in a public hearing or public record. No behind-doors deals or discussions are allowed.

Nevertheless, some informed observers believe the process is being abused. In the late 1990s and early 2000s, an organization called California Unions for Reliable Energy (CURE) was using the law firm of Adams Broadwell Joseph & Cardozo to intervene in the licensing process for natural gas-fired power plants. CURE seemed to be hindering approval of these projects until unions obtained a commitment for construction contractors to sign a Project Labor Agreement as a condition of working on the project. This practice of “greenmail” was summarized in a September 6, 2004 Los Angeles Times article Struggle Over Power Plants and a September 19, 2004 Sacramento Bee article Pressure by Labor Group Alleged. The Wall Street Journal published a February 15, 2001 editorial condemning it: Power Grab.

Outside Parties Impede Approval of Thermal Solar Plants – Unions Are Prominent

As energy companies began the process of winning state approval for their proposed projects, California Unions for Reliable Energy (CURE) intervened in almost every case through the law firm of Adams Broadwell Joseph & Cardozo. As seen below, CURE routinely filed requests for applicants to collect large amounts of data. It objected to analysis, review, and procedures. It even filed two lawsuits to stop construction of two proposed solar thermal power plants.

It was noteworthy that CURE seemed to resolve its aggressive environmental concerns about a project when unions obtained a commitment from the energy company for contractors to sign a Project Labor Agreement with unions as a condition of working on the project. This practice was reported in a June 18, 2009 New York Times article A Move to Put the Union Label on Solar Power Plants and in a February 5, 2011 Los Angeles Times article Labor Coalition’s Tactics on Renewable Energy Projects Are Criticized.

Below is a chart showing the involvement of California Unions for Reliable Energy (CURE) in the California Energy Commission licensing process for proposed large solar thermal power plant projects. In some cases, there is an uncanny relationship between the end of CURE involvement and a Project Labor Agreement or some sort of union deal. Notice that a Project Labor Agreement was announced in 2009 for the Ivanpah power plant.

California Unions for Reliable Energy (CURE) Involvement in the Sixteen Applications to the California Energy Commission for Approval of a Solar Thermal Power Plant

1. Ivanpah Solar – Solar Partners/Brightsource, in San Bernardino County (370 MW)

2. Blythe Solar Power Project – NextEra Blythe Energy Center LLC, in Riverside County (1,000 MW)

3. Victorville 2 Hybrid Power Project – City of Victorville, in City of Victorville in San Bernardino County (513 MW natural gas, 50 MW solar)

4. Beacon Solar Energy Project – Beacon Solar LLC, in Kern County (250 MW)

5. Abengoa Mojave Solar Project – Abengoa Solar Inc., in San Bernardino County (250 MW)

6. Imperial Valley Solar Project (Formerly SES Solar Two Project) – Imperial Valley Solar LLC, in Imperial County (709 MW)

7. Genesis Solar – Genesis Solar LLC / NextEra™ Energy Resources LLC, in Riverside County (250 MW)

8. Rice Solar Energy Project – Rice Solar LLC / SolarReserve LLC, in Riverside County (150 MW)

9. City of Palmdale Hybrid Gas-Solar – City of Palmdale, in City of Palmdale in Los Angeles County (520 MW natural gas, 50 MW solar)

10. Palen Solar Power Project – BrightSource Energy / Abengoa SA (former applicant Nalep Solar Project I, LLC), in Riverside County (500 MW)

11. Carrizo Energy Solar Farm – Carrizo Energy LLC, in San Luis Obispo County

12. San Joaquin Solar 1 & 2 – San Joaquin Solar LLC, in Fresno County

13. Ridgecrest Solar Power Project – Solar Millennium, in Kern County (250 MW)

14. Hidden Hills Solar Electric Generating System – BrightSource Energy Inc., in Inyo County (500 MW)

15. Rio Mesa Solar Electric Generating Facility – BrightSource Energy Inc., in Riverside County (750 MW)

  • California Unions for Reliable Energy (CURE) did not intervene. Representatives of Laborers Local Union No. 1184 expressed support for the project and looked forward to jobs.

16. Calico Solar Project (Formerly SES Solar One Project) – Calico Solar LLC/Tessera Solar (formerly Stirling Energy Systems), in San Bernardino County (663.5 MW)


Kevin Dayton is the President & CEO of Labor Issues Solutions, LLC, and is the author of frequent postings about generally unreported California state and local policy issues at www.laborissuessolutions.com. Follow him on Twitter at @DaytonPubPolicy.

Collect Them All: Environmental Objections of California Unions in 2013

Attendees of the annual leftist “Netroots Nation” conference in San Jose, California on June 20-23, 2013 had ample opportunities to learn how to use the California Environmental Quality Act (CEQA) to advance the labor union political agenda.

They could have attended a June 22 panel (CEQA: An Example of Linking Environmental and Labor Movements) on how union and environmental movements must work together using CEQA to keep “progressivism” relevant.

Or they could have been inspired by a June 21 panel (Building Renewables, Building Workers Lives – a Door to the Middle Class) to discuss how unions can better use CEQA to attain monopoly control of small solar power plant construction.

Obviously there was no shame or worry at this conference about exploiting environmental laws for ulterior purposes. Perhaps there were even some snickers about the irony of Ronald Reagan signing CEQA into law in 1970.

But monitor the public statements of the supporters of CEQA reform, or read the news media coverage about CEQA reform, and you would barely be aware such abuses are happening.

For anyone who doubts that unions are one of the primary wielders of environmental law to attain economic objectives unrelated to environmental protection, here’s a list of union CEQA activity so far in 2013.

1. Glenarm Power Plant Repowering Project, City of Pasadena

March 13, 2013 – Comments on Final Environmental Impact Report – California Unions for Reliable Energy (CURE)

Here’s a chronology of how the law firm of Adams Broadwell Joseph & Cardozo, representing California Unions for Reliable Energy (CURE), objected on environmental grounds to a municipal power plant project on one hand while negotiating a Project Labor Agreement for the same project on the other hand:

2012-2013 – Interaction Between California Unions for Reliable Energy (CURE) and City of Pasadena – Glenarm Power Plant Repowering Project

2. Napa Pipe Project, County of Napa

May 20, 2013 – Request for a Subsequent Environmental Impact Report – Sheet Metal Workers Local Union No. 104, Plumbers and Steamfitters Local Union No. 343, and the International Brotherhood of Electrical Workers Local Union No. 180, pretending to be the “Napa Coalition for Responsible Development.”

I wrote about the union environmental objections to this project in my May 28, 2013 www.UnionWatch.org article Spread the Word: Brazen Union CEQA Abuse in Napa Valley.

3. Agincourt Solar Project and Marathon Solar Project, County of San Bernardino

February 1, 2013 – Comments on the Initial Studies/Mitigated Negative Declarations – California Unions for Reliable Energy (CURE), pretending to be “San Bernardino County Citizens for Responsible Solar.”

This one had a happy ending!

April 23, 2013 – Announcement from California Unions for Reliable Energy (CURE), pretending to be “San Bernardino County Citizens for Responsible Solar” – the Western Burrowing Owl, the Desert Tortoise, the LeConte Thrasher, and the Joshua Tree are saved – let’s build!

4. VWR International Supply and Distribution Facility, City of Visalia

February 14, 2013 – Visalia VWR Employees Vote to Join Teamsters Union

After the Teamsters Joint Council 7 and fellow plaintiffs flipped a lower court decision by winning CEQA arguments (among other arguments) on appeal in Coalition For Clean Air v. City of Visalia, the International Brotherhood of Teamsters Local Union No. 948 won an NLRB-supervised representation election for employees of the new VWR International facility in Visalia.

Footnote 4 in the September 14, 2012 appeals court decision states that “Respondent VWR International’s brief alleges that the CEQA action was originally commenced by the Teamsters union and one of its local officers, in an effort to halt construction of the Visalia facility, fearing that its completion as a non-union facility would lead to the closure of a unionized facility in Brisbane.”

5. Pioneer Green Energy Solar Project, County of Kern

January 7, 2013 – Comments on Draft Environmental Impact Report – California Unions for Reliable Energy (CURE), pretending to be “Kern County Citizens for Responsible Solar.”

Unions don’t seem to regard this project as particularly “green,” but maybe the green of money from a Project Labor Agreement will change their minds.

6. Imperial Valley Solar Company 2, County of Imperial

February 15, 2013 – Comments on Draft Environmental Impact Report – California Unions for Reliable Energy (CURE), pretending to be “Imperial Citizens for Responsible Industry” and also February 18, 2013 – Comments on Draft Environmental Impact Report – Laborers (LIUNA) Local Union No. 1184.

Two union groups going after this one. Do you ever wonder if the Sonoran desert toads know they’re being abandoned to be squashed by heavy equipment when unions get their Project Labor Agreements?

7. Casa Diablo IV Geothermal Plant, County of Mono

Enjoying its peaceful repose and diversity and rarity of species of plants and animals.January 29, 2013 – Comments on Draft Environmental Impact Statement/Environmental Impact Report – California Unions for Reliable Energy (CURE) and also January 30, 2013 – Comments on Draft Environmental Impact Statement/Environmental Impact Report – Laborers International Union of North America (LIUNA) Local Union No. 783.

This project is getting a double whammy, including from a union whose members travel to Mono County to “enjoy its peaceful repose and diversity and rarity of species of plants and animals.”

8. Three Rocks Solar, County of Fresno

CEQA documents for proposed solar power plants in Fresno County as of August 7, 2012. A majority of these documents related to union CEQA objections.

CEQA documents for proposed solar power plants in Fresno County as of August 7, 2012. A majority of these documents related to union CEQA objections.

May 31, 2013 – Request to Fresno County Board of Supervisors to deny appeal of Planning Commission’s decision to deny Initial Study/Mitigated Negative Declaration and conditional use permit – California Unions for Reliable Energy (CURE), pretending to be “Fresno County Citizens for Responsible Solar.”

As if the Fresno County Planning Department didn’t already have enough paper from the law firm of Adams Broadwell Joseph & Cardozo. Imagine the trees unions are cutting down to protect the environment.

9. Dignity Health Elk Grove Medical Campus Project, City of Elk Grove

January 18, 2013 – Request for all documents referenced in the Draft Subsequent Environmental Impact Report – Plumbers and Pipefitters Local Union No. 447, International Brotherhood of Electrical Workers Local Union No. 340, Sheet Metal Workers Local Union No. 162.

Even if the developer pays for it, is there any dignity for city employees when law firms force them to spend a huge amount of time collecting a huge pile of paper? Is this how government employees should be serving the people?

10.  World Logistics Center Project – City of Moreno Valley (added to this list on June 27, 2013)

April 5, 2013 – Comments on Draft Environmental Impact Report – Laborers International Union of North America (LIUNA), Local Union No. 1184

This would be the largest master-planned warehouse complex in the United States, and unions want their share of the estimated $3.5 billion in construction and 20,000 permanent jobs.

11. Ocotillo Wind Energy Facility Project, Imperial County (added to this list on June 27, 2013)

February 27, 2013 – U.S. District Court rejects lawsuit filed by plaintiffs that include Laborers International Union of North America (LIUNA), Local Union No. 1184

Unions decided to file a lawsuit (Desert Protective Council et al v. United States Department of the Interior et al) challenging the Final Environmental Impact Statement/Final Environmental Impact Report to overturn a May 2012 decision made by the U.S. Department of the Interior, Bureau of Land Management, California Desert District, El Centro Field Office to allow 112 wind turbine generators.

12. Acheson Commons (2133 University Avenue), City of Berkeley (added to this list on July 15, 2013)

May 8, 2013 and June 13, 2013 – Requests for Zoning Adjustments Board not to approve Use Permits for the project – Alameda County Building and Construction Trades Council, pretending to be “Berkeley Residents for Sustainable Development.”

Allegedly the “largest apartment complex ever planned for Berkeley’s downtown,” this project moved forward after some sort of deal with the Alameda County Building and Construction Trades Council, as reported in this July 11, 2013 article City’s Largest Apartment Building Ever Gets Go-Ahead.

13. Campo Verde Solar Project, Imperial County (added to this list on July 17, 2013)

Laborers’ International Union of North America Local Union No. 1184, et al. vs. County of Imperial, ECU7294

Laborers Local Union No. 1184 filed a lawsuit against Imperial County to stop First Solar, Inc. from building the 139-megawatt Campo Verde photovoltaic solar project. 

14. Citation Residential Project, City of Milpitas (added to this list on August 2, 2013)

A California appellate court rejected an appeal from the Carpenters Local Union No. 405 related to the union’s efforts to challenge approval of a 732-unit condominium project. See the July 16, 2013 decision in May v. City of Milpitas.

15. Cordes Ranch Specific Plan, City of Tracy (added to this list on August 2, 2013)

July 24, 2013 – Objections to Final Environmental Impact Report for Cordes Ranch Specific Plan – Carpenters Union Local No. 152.

A construction union has CEQA objections to a commercial and industrial development proposed in Tracy.

16. Palen Solar Electric Generating System in Riverside County, at California Energy Commission (added August 2, 2013)

March 26, 2013 order granting petition to intervene from Laborers (LIUNA) Local Union No. 1184May 8, 2013 status report.

While California Unions for Reliable Energy (CURE) reached an agreement to end its interference with permitting for this solar thermal power plant, the Laborers union in Riverside County is just getting started.

17. Desert Harvest Solar Project, Riverside County (added August 2, 2013)

March 11, 2013 – U.S. Bureau of Land Management denies protest of Laborers (LIUNA) Local Union No. 1184 against Final Environmental Impact Statement.

Another solar project under assault. California Unions for Reliable Energy (CURE) has not objected to the project, perhaps because the IBEW Union Local No. 440 has the electrical work.

18. Los Angeles International Airport (“LAX”) Specific Plan Amendment Study, City of Los Angeles and Los Angeles World Airports (added August 2, 2013)

April 29, 2013 – Objections to the Final Environmental Impact Report – SEIU United Service Workers West; May 29, 2013 – Lawsuit Against City of Los Angeles and Los Angeles World Airports – SEIU United Service Workers West.

Another one of the those CEQA lawsuits that allegedly rarely happen. This one comes courtesy of Service Employees International Union (SEIU) United Service Workers West, which claims to represent 2,000 Los Angeles International Airport workers, including passenger service workers, security officers, sky caps, baggage handlers, cabin cleaners, janitors, and cargo handlers.

19. Sun Valley Energy Project in Riverside County, at California Energy Commission (added August 7, 2013)

August 5, 2013 – Request to California Energy Commission for Notices – Laborers (LIUNA) Local Union No. 1184.

Better late than never. California Unions for Reliable Energy (CURE) submitted a petition on February 8, 2006 to the California Energy Commission to intervene on this project.

20. One South Market, City of San Jose (added August 13, 2013)

Staff Report on Appeal of Santa Clara-San Benito Counties Building and Construction Trades Council to One South Market Street Project (includes June 25, July 9, and July 12 letters from law firm ofAdams Broadwell Joseph & Cardozo)

I wrote about this union CEQA appeal in the August 13, 2013 www.UnionWatch.org article Union Environmental Appeal of San Jose Infill High-Rise Fools No One.

21. Avalon Bay Communities – Dublin Station – Transit Center, City of Dublin (added August 13, 2013)

Carpenters Local Union No. 713 objected to this project in order to control the work. The union filed a lawsuit after the Dublin City Council rejected their appeal. On March 7, 2013, a California Appeals Court sided with the City of Dublin in Concerned Dublin Citizens v. City of Dublin.

22. Basin Street Properties – Riverfront Mixed Use Project, City of Petaluma (added August 24, 2013)

Pretending to be “Petaluma Residents for Responsible Development,” the Sonoma, Mendocino, and Lake Counties Building and Construction Trades Council managed to delay an August 13, 2013 Petaluma Planning Commission meeting with its CEQA objections to the Riverfront Mixed Use Project.

23.  Eagle Mountain Pumped Storage Water Project in Riverside County, State Water Resources Control Board (added August 27, 2013)

April 10, 2013 – Comments on Final Environmental Impact Report – Laborers International Union of North America (LIUNA), Local Union No. 1184

Water would move back and forth between two old mining pits at different elevations to generate electricity during peak hours of usage. The Laborers Union is concerned.


Kevin Dayton is the President & CEO of Labor Issues Solutions, LLC, and is the author of frequent postings about generally unreported California state and local policy issues at www.laborissuessolutions.com. Follow him on Twitter at @DaytonPubPolicy.

Opponents of CEQA Reform Cite New Study with Union Connections

A broad coalition opposing any changes to the California Environmental Quality Act (CEQA) held a press conference today (March 12, 2013) that included the findings of a newly-released study, The Economic and Environmental Impact of the California Environmental  Quality Act.

The study was written by a University of Utah professor with a long history of academic work biased toward the construction union agenda. It was funded by the union-affiliated California Construction Industry Labor-Management Cooperation Trust. Study results were summarized at the press conference by Bob Balgenorth, chairman of the California Construction Industry Labor Management Cooperation Trust and the former head of the State Building and Construction Trades Council of California.

This March 11, 2013 Associated Press article Coalition Forms to Defend California Environmental Law reports on what happened:

Common Ground, the new coalition group opposing reforms, commissioned a report as part of its effort to emphasize the importance of the law.

The study by Peter Philips, a University of Utah economics professor, points to the state’s record in building alternative-energy projects and maintaining construction jobs as evidence that the law is working.

“Has CEQA actually hindered construction? Far from it,” said Bob Balgenorth, chairman of the California Construction Industry Labor Management Cooperation Trust. “If anything, it’s facilitated greater construction, a cleaner environment and a better quality of life for Californians.”

Brown and the Legislature’s Democratic leaders are negotiating changes after an attempt to pass a bill failed last year.

The governor’s office had no comment on the report, but Brown has advocated for more consistent standards in reviewing development projects.

It’s unlikely that Governor Brown is ever going to comment on the report. And the business coalition in support of CEQA reform appears to be strategical avoiding any references to unions and their abuse of CEQA to obtain labor agreements and other economic concessions. So far I haven’t seen any news reports taking a critical look at this study or its origins.

So here’s the scoop about this study, courtesy of www.UnionWatch.org:

The Author of the New CEQA Study

The Economic and Environmental Impact of the California Environmental  Quality Act was written by Peter Philips, Professor of Economics at the University of Utah. Professor Philips has specialized in research on construction labor issues, with particular attention to California.

For example, in 2012 Professor Philips had his paper The Effect of Prevailing Wage Regulations on Contractor Bid Participation and Behavior: A Comparison of Palo Alto, California with Four Nearby Prevailing Wage Municipalities published in Industrial Relations: A Journal of Economy and Society. This journal is published by the Institute for Research on Labor and Employment at the University of California, an affiliate of the University of California Miguel Contreras Labor Program. It is hosted on the web site of the union-backed California Construction Academy, a project of the UCLA Labor Center established within the Institute for Research on Labor and Employment, which (as stated earlier) is an affiliate of the University of California Miguel Contreras Labor Program. If this tangle of programs at the University of California confuses you, that’s probably the intent.

This paper is part of an ongoing lobbying campaign of the Santa Clara-San Benito Building and Construction Trades Council and a union-affiliated organization called www.SmartCitiesPrevail.org to convince the Palo Alto City Council to repeal its own policy concerning government-mandated construction wage rates (so-called prevailing wages) on purely municipal construction projects. This is a right granted under Article XI of the California Constitution to Palo Alto and 120 other California cities that operate under their own charters. For more information on this home-rule right, see Are Charter Cities Taking Advantage of State-Mandated Construction Wage Rate (“Prevailing Wage”) Exemptions?

As shown in his curriculum vitae, Professor Philips was the keynote speaker at the California International Brotherhood of Electrical Workers (IBEW) conference in 2012. He has spoken repeatedly at conferences about Project Labor Agreements, including the State Building and Construction Trades Council of California annual conference in 2008.

While this background doesn’t necessarily mean that Professor Philips has inaccuracies in his research and reports, one should be aware that he holds certain presuppositions and biases about economics and labor relations that may be reflected in his work.

The Sponsor of the New CEQA Study

Page 2 of The Economic and Environmental Impact of the California Environmental  Quality Act indicates that “This study was sponsored by a grant from the California Construction Industry Labor Management Cooperation Trust.” This mysterious group was described last year in www.UnionWatch.org (see Mysterious Union Slush Fund Spends $100,000 Against Costa Mesa Charter).

This is an arcane type of union-affiliated trust authorized by the obscure Labor-Management Cooperation Act of 1978, a law signed by President Jimmy Carter and implemented by the Federal Mediation and Conciliation Service. Inspired by the decline of unionized manufacturing in the Northeast, this federal law was meant to help industrial management and union officials build better personal relationships and cooperate against the threat of outside competition. There are no federal or state regulations specifically addressed toward these trusts, and these trusts do not have any reporting requirements to the U.S. Department of Labor’s Office of Labor-Management Standards. This is an ambiguous and forgotten law that’s ripe for abuse.

Here are some of the recent top recipients of funding from the California Construction Industry Labor Management Cooperation Trust:

  1. $1,095,000 – Taxpayers to Preserve Community Jobs, No on Measure A, sponsored by labor and management organizations (June 5, 2012 election in City of San Diego)
  2. $770,000 – UCLA Labor Center (aka UCLA Center for Labor Research and Education), part of the University of California Miguel Contreras Labor Program
  3. $250,000 – No 98/Yes 99 – A Committee of City and County Associations, Taxpayers and Environmental Groups, League of California Cities, Californians for Neighborhood Protection, Coalition of Conservationists
  4. $164,550 – “Other” (?)
  5. $100,000 – Committee for Costa Mesa’s Future – No on V, sponsored by labor and management organizations (November 6, 2012 election in City of Costa Mesa)
  6. $100,000 – Apollo Alliance
  7. $100,000 – Paxton-Patterson Construction Lab/Shop in San Joaquin County
  8. $50,000 – Taxpayers to Preserve Community Jobs, No On Measure G, sponsored by labor and management organizations (June 8, 2010 election in City of Chula Vista)

But what’s more interesting is the source of at least some of this money, if not all of it.

It’s Not Union Members that Give the Money to the California Construction Industry Labor-Management Cooperative Trust: It’s Utility Ratepayers and Contractors Working for Extorted Power Plant Owners

Since the 1990s, whenever an energy company or public utility submits an application to the California Energy Commission seeking approval of a new power plant, an organization called California Unions for Reliable Energy (CURE) often “intervenes” in the licensing process. Represented by the South San Francisco law firm Adams Broadwell Joseph & Cardozo, CURE submits massive data requests and environmental objections to the California Energy Commission. The applicant by law is required to answer CURE’s submissions, at significant cost and delay. The chairman of California Unions for Reliable Energy (CURE) was Bob Balgenorth (see above).

If the power plant owner agrees to require its construction contractors to sign a Project Labor Agreement with the State Building and Construction Trades Council of California or its regional affiliates, CURE’s objections fade away and the power plant proceeds unhindered through the licensing process. If the company or utility does not surrender to CURE’s demand, then CURE’s interference and lawsuits continue.

This racket – sometimes called “greenmail” because it’s the use of the California Environmental Quality Act (CEQA) and federal environmental laws to pressure developers to sign Project Labor Agreements – is well-known to the energy industry in California and has been extensively reported in the news media over the past dozen years. (For example, see Labor Coalition’s Tactics on Renewable Energy Projects Are Criticized – Los Angeles Times – February 5, 2011 and A Move to Put the Union Label on Solar Power Plants – New York Times – June 18, 2009.) It is also documented in www.PhonyUnionTreeHuggers.com.

For cases in which the power plant applicant succumbs to CURE’s harassment, the Project Labor Agreement that the power plant owner signs usually contains a provision requiring the owner or its contractors to make a lump-sum payment or series of payments to the California Construction Industry Labor-Management Cooperative Trust.

For example, the Project Labor Agreement signed by the Northern California Power Agency (a conglomerate of publicly-owned utilities) for the construction of the Lodi Energy Center required the agency to shell out $90,000 to the California Construction Industry Labor-Management Cooperative Trust. That amount was dutifully mailed to Bob Balgenorth on August 17, 2010. (For more on this payment, see High Energy: Lodi Center Designed to be a Powerhouse for Chunk of State – Stockton Record – October 4, 2011; also, the union rebuttal on the California Building Trades Council web site – ABC Falsehoods Refuted in Letter to Stockton Record.)

And Section 13.1 of the Project Labor Agreement signed by the Southern California Public Power Authority (another conglomerate of publicly-owned utilities) for the construction of the City of Anaheim’s Canyon Power Plant required the agency to shell out $65,000 to the California Construction Industry Labor-Management Cooperative Trust.

The California Construction Industry Labor-Management Cooperative Trust reports these payments as “membership dues” to the Internal Revenue Service. Which brings up a question: are the local elected officials who serve as commissioners for the Northern California Power Agency and the Southern California Public Power Authority exercising their responsibilities as “members” to approve its expenditures?

It’s a tangled conspiracy. Especially intriguing is that one union official was the head of the State Building and Construction Trades Council of California, the California Construction Industry Labor-Management Cooperative Trust, and California Unions for Reliable Energy. For more information, see the investigative report of the Coalition for Fair Employment in Construction at this September 23, 2011 post at www.TheTruthaboutPLAs.comA Genuine California Union Conspiracy: Senate Bill 790 and the California Building Trades Council’s Ratepayer Funded Political Slush Fund

Confused about the Conspiracy? Here’s a Chart.

A public utility or private energy company applies to the California Energy Commission for approval to build a power plant.

California Unions for Reliable Energy (CURE) uses its “intervenor” status at the California Energy Commission to submit massive data requests and environmental complaints about the proposed power plant, as a result gumming up the licensing process and causing costly and lengthy delays for the applicant.

 ↓

Applicant for prospective power plant surrenders and agrees to sign a Project Labor Agreement with the State Building and Construction Trades Council of California or its regional affiliates. California Unions for Reliable Energy releases its grip of legal paperwork and the project moves forward unimpeded and acclaimed as environmentally sound.

 ↓

The Project Labor Agreement contains a required payment or payments to the California Construction Industry Labor-Management Cooperative TrustCalifornia Public Utilities Code Section 3260 – enacted by Senate Bill 790 in 2011 – allows public utilities to pass costs through to ratepayers.

 ↓

The California Construction Industry Labor-Management Cooperative Trust reports those payments to the IRS as “Membership Dues,” creating questions about the rights inherent for dues-paying members.

 ↓

The California Construction Industry Labor-Management Cooperative Trust makes contributions to political campaigns and studies, including The Economic and Environmental Impact of the California Environmental Quality Act.

Solutions

Is there any way this racket can be stopped? Yes. The U.S. Department of Labor’s Office of Labor Management Standards could promulgate regulations that establish restrictions and reporting guidelines for committees authorized by the Labor-Management Cooperation Act of 1978. Even better, Congress could pass legislation amending or repealing the law, and the President could sign it. Neither solution is viable for the next four years.

Kevin Dayton is the President & CEO of Labor Issues Solutions, LLC, and is the author of frequent postings about generally unreported California state and local policy issues at www.laborissuessolutions.com. Follow him on Twitter at @DaytonPubPolicy.

CEQA Debate Rule No. 1: Do NOT Mention Union “Greenmail”

“Here’s the plan: pretend that unions aren’t exploiting the California Environmental Quality Act (CEQA) as a tool to obtain labor agreements. Maybe no one will notice.”

Supporters and opponents of CEQA reform are straining to avoid this uncomfortable subject as influential Democrats in the California State Senate prepare to introduce an alleged reform of CEQA that would discourage abuses of the law.


Note: the second half of this article includes excerpts from my February 18, 2013 article on www.FlashReport.org entitled Highlighting the Top Union Abuses of the California Environmental Quality Act (CEQA). Thank you to www.FlashReport.org and www.UnionWatch.org for exposing generally unreported labor public policy issues to a wider audience in California and the United States.


This moratorium on referring to union “greenmail” reached absurd levels this week, as a noted journalist in San Diego who is left-leaning but generally recognized as honestly blunt neglected to report the obvious about union CEQA abuse.

An article entitled San Diego Hotels: Labor in Revolt was posted on February 20, 2013 in the “alternative” weekly newspaper San Diego Reader. It sympathetically portrayed the quest of organizers in the San Diego-based UNITE-HERE Local Union No. 30 to unionize the city’s hotel workforce.

Readers learn about various adversarial tactics used by UNITE-HERE Local Union No. 30 to pressure hotel operators to sign union agreements. The article mentions picket lines, boycotts, telling the hotel’s customers not to return, convincing elite universities to stop investing their endowment funds in hotel corporations, using labor laws offensively against employers, and encouraging workers to express themselves in public with chants, drum-beating, and labor songs.

All of these tactics reflect a typical union “corporate campaign.” But after reading the article, I went back and read it again. I couldn’t believe what I was – NOT – reading.

It mentions nothing about the high-profile CEQA actions filed by UNITE-HERE Local Union No. 30 against four proposed hotel projects! Here they are, as reported in www.PhonyUnionTreeHuggers.com:

1. Lane Field in San Diego: UNITE-HERE Local 30 Doesn’t Like a Proposed Hotel

2. San Diego Hotel Union (UNITE-HERE Local 30) Finds Environmental Calamity with San Diego Marriott Hotel & Marina Ballroom Expansion

3. San Diego Convention Center Expansion: Construction Unions and Hotel Unions File 63 Pages Worth of CEQA Complaints

4. Hotel Union Uses CEQA Objections to Try to Block Proposed Fat City Hotel in San Diego

Four cases of CEQA abuse in the context of organizing campaigns! Overlooked and unreported…

An article exposing this practice could attract web readers, sell newspapers, and enhance the professional reputation of the journalist who wrote it. A news vacuum is waiting to be filled.

Soon an enterprising California reporter (or national reporter) will draw attention to labor union CEQA exploitation with an investigative article. In recent years, the New York Times did this with a June 18, 2009 article A Move to Put the Union Label on Solar Power Plants; also, the Los Angeles Times did this with a February 5, 2011 article Labor Coalition’s Tactics on Renewable Energy Projects Are Criticized.

I anticipate this future investigative article will flush out the union greenmail by either providing a broad survey of 20 years of union CEQA abuse or by focusing in-depth on one of the dozens of recent union CEQA document dumps and lawsuits against proposed projects.

Here are the top examples of union “greenmail” in 2012 and in 2013 that are ripe for investigation and exposure.

The #1 Union “Greenmail” CEQA Exploitation Case of 2012: San Diego Convention Center Expansion, Phase 3

The most high-profile union-instigated CEQA action in California in 2012 was targeted at the proposed San Diego Convention Center Expansion, Phase 3, estimated to cost $520 million, or more than $1 billion total if interest on borrowed money through bond sales is included. Unions hired the law firm of Adams Broadwell Joseph & Cardozo to advance the union objections. The saga is summarized on the web site www.SanDiegoConventionCenterScam.com:

It was known for years that the San Diego County Building and Construction Trades Council planned to use CEQA to delay construction of the convention center expansion until it obtained a union monopoly on construction with a Project Labor Agreement. The plans were documented in a March 2011 article It’s Out in the Open: Project Labor Agreement a Costly Possibility for San Diego Convention Center Expansion.

Sure enough, it happened. In several hundred pages of submitted letters and exhibits, the San Diego County Building and Construction Trades Council and UNITE-HERE Local Union No. 30 in San Diego identified numerous problems…See the May 2012 union comments for the draft Environmental Impact report on the San Diego convention center expansion and the September 2012 union comments for the final Environmental Impact Report on the San Diego convention center expansion.

Read an account of the outrageous incidents that occurred at the September 19, 2012 meeting of the United Port of San Diego Board of Port Commissioners, where union leaders and their law firms brazenly pulled a “document dump” in front of the city’s civic leadership: Unions Threaten Environmental Litigation to Block San Diego Convention Center.

Press conference announcing unions dropping CEQA complaints against San Diego Convention Center Expansion Phase 3.

Press conference announcing unions dropping CEQA complaints against San Diego Convention Center Expansion Phase 3.

Yet all these environmental problems disappeared (except for some minor environmental mitigation in three settlement agreements between these unions and the City of San Diego) once contractors were required to sign a project labor agreement with unions as a condition of working on the project and unions won a memorandum of understanding expanding the unionization of the convention center workforce.

Mayor Jerry Sanders (who was about to leave office) held a press conference on November 8, 2012 with the county’s top union official Lorena Gonzalez (who is planning a campaign for a California State Assembly seat) essentially to announce that the union environmental extortion “greenmail” was effective. The unions made “deals” with the City of San Diego and the prime contractor (a joint venture of Clark Construction Group and Hunt Construction Group) for the San Diego Convention Center Expansion, Phase 3.

San Diego Building and Construction Trades Council Project Labor Agreement for San Diego Convention Center Expansion Phase 3

CEQA Works! Unions get a Project Labor Agreement for the San Diego Convention Center Expansion Phase 3 and environmental concerns are resolved.

The California Coastal Commission may soon consider approval of this project, now unimpeded by earlier concerns cited by unions about how the sea-level rise caused by global warming might submerge the convention center expansion.

The #1 Union “Greenmail” CEQA Exploitation Case of 2013 (So Far): Mono County Geothermal Plants

People in Mono County are incredulous about the tremendous opposition of construction trade unions (specifically, California Unions for Reliable Energy (CURE) and Laborers Union Local No. 783) to the Ormat Technologies proposed upgrade of its long-existing Mammoth Pacific I geothermal power plant and its proposed Casa Diablo IV geothermal power plant. Actually, every Californian should be outraged about this new round of union “greenmail.”

The web site www.PhonyUnionTreeHuggers.com explains what has happened so far with the proposed Mammoth Pacific I plant upgrade:

At the October 11, 2012 meeting of the Mono County Planning Commission, a staff member informed the commission about “documents received just today” from the law firms of Lozeau Drury and Adams Broadwell Joseph & Cardozo. In response, one commissioner stated that “last-minute documents can’t be read in two minutes without any background.” The commission approved the project on a 4-0 vote.

On October 19, 2012, California Unions for Reliable Energy (CURE) appealed the Mono County Planning Commission’s decision to approve the Mammoth Pacific I Replacement Project at its October 11, 2012 meeting. CURE was represented by the South San Francisco law firm of Adams Broadwell, Joseph & Cardozo.

Also on October 19, 2012, the Laborers International Union of North America (LIUNA), Local No. 783 (LIUNA) appealed the Mono County Planning Commission’s decision to approve the Mammoth Pacific I Replacement Project at its October 11, 2012 meeting. The union was represented by the Oakland law firm of Lozeau Drury.

On November 13, 2012, the Mono County Board of Supervisors rejected the two union appeals of project approval. Here is the staff report to the Mono County Board of Supervisors on CURE’s appeal.

Local officials knew that Ormat Technologies has been pressured to sign Project Labor Agreements giving unions a monopoly on construction and maintenance. Unions have also harassed the company at the Imperial County Planning Commission, the Imperial County Board of Supervisors, and the California Energy Commission as it seeks approval for geothermal power plants in Imperial County such as Hudson Ranch II.

In fact, the February 28, 2013 meeting agenda of the California Energy Commission includes this item:

California Unions for Reliable Energy v. Energy Resources Conservation and Development Commission [that is, the California Energy Commission], Real Parties in Interest Ormat Nevada, Inc., ORNI 18 LLC, and ORNI 19 LLC (Alameda County Superior Court, RG 12610669)

On December 14, 2012, Laborers Union (LIUNA) Local No. 783 filed a lawsuit (Concerned Bishop Residents v. County of Mono) in Mono County Superior Court claiming that the Mono County Board of Supervisors violated the California Environmental Quality Act (CEQA) when it approved Ormat Technologies‘ replacement project for the Mammoth Pacific Unit 1 geothermal power plant. The lawsuit explains that Laborers Union members “regularly travel to the Mammoth Lakes area of Mono County to enjoy its peaceful repose.”

Enjoying its peaceful repose and diversity and rarity of species of plants and animals.

Enjoying its peaceful repose and diversity and rarity of species of plants and animals.

But the ultimate CEQA strike by unions against geothermal power occurred on January 30, 2013, when the U.S. Bureau of Land Management office in Bishop was crushed by an incredible pile of comments from California Unions for Reliable Energy and Laborers Union Local No. 783 objecting to the draft Environmental Impact Report / Environmental Impact Statement for the Casa Diablo IV project. The amount of paper used for these objections probably required an Environmental Impact Report under CEQA.

The comments and associated exhibits are linked at Unions’ January 30, 2013 Comments Against Geothermal Power Plant Must Have Overheated the Printers!

Kevin Dayton is the President and CEO of Labor Issues Solutions, LLC and is the author of frequent postings about generally unreported California state and local policy issues at www.laborissuessolutions.com.

Mysterious Union Slush Fund Spends $100,000 Against Costa Mesa Charter

As explained by the League of California Cities, the California Constitution gives cities the authority to enact “charters” and thereby manage their purely municipal affairs without interference from the state. Cities have been increasingly eager to seek charters in recent years in order to free themselves from costly state mandates. Since 2007, voters have increased the number of charter cities from 107 to 121, and voters in three more cities will have the opportunity to consider approving charters on November 6, 2012.

Here are web links to the three proposed charters and the support and opposition web sites for the three proposed charters:

1. City of Escondido (San Diego County) – population 146,032

2. City of Costa Mesa (Orange County) – population 111,600

3. City of Grover Beach (San Luis Obispo County) – population 13,275

  • Charter Proposal as Presented on City Web Site: Measure I-12
  • Yes on I-12 Web Site: Vote Yes on Measure I-12
  • No on I-12 Web Site: http://www.protectgroverbeach.com

The most aggressive opponents of proposed charters are unions, particularly construction trade unions. (See Who Defeated the City of Auburn’s Proposed Charter, and How Was It Done? Answer: Three Union Entities, by Spending $56.40 Per NO Vote.) As confirmed by a California Supreme Court decision in July 2012 (State Building and Construction Trades Council of California, AFL-CIO v. City of Vista), charter cities have the right to establish their own policies concerning government-mandated construction wage rates (so-called “prevailing wages”).

In almost all cases, the state determines the wage rate by adding up all of the employer payments (including payments that are not employee compensation) indicated within the union collective bargaining agreement that applies to a specific trade within the specific geographical region that falls within the jurisdiction of the union agreement. The state does not survey contractors or workers to determine an average or median wage, nor does it consider regional wage statistics calculated by the California Economic Development Department. As a result, state-mandated construction wage rates in California are often much higher than the actual wage rates in a locality. But with a charter, a city can set its own rates for its own projects.

For a comprehensive 92-page guide about government-mandated construction wage rates in California and the status of prevailing wage policies in California’s 121 charter cities, see the recently-published 3rd edition of Are Charter Cities Taking Advantage of State Mandated Construction Wage Rate (“Prevailing Wage”) Exemptions?

As listed above, voters in the City of Costa Mesa have the opportunity on November 6, 2012 to consider Measure V, which would enact a charter. Mailboxes are stuffed daily with slick full-color productions telling the citizens of Costa Mesa how awful life will be if the city frees itself from the benevolent California State Legislature and adopts its own mini-constitution.  (See some of these mailers below.)

ONE entity has spent $100,000 against Measure V as of September 30. (At the rate those mailers are pouring in, it’s likely much more has been spent in October.)

The donor is the California Construction Industry Labor-Management Cooperative Trust. Have you ever heard of it?

The secretive California Construction Industry Labor-Management Cooperative Trust is the sole direct contributor (of at least $100,000) to the No on V campaign in Costa Mesa.

What is the California Construction Industry Labor-Management Cooperative Trust? Where does it spend its money? How does it get its money?

If you want a more detailed but still shadowy idea of how this group spends its ill-gotten money, you can read my May 31, 2012 article Where the California Construction Industry Labor-Management Cooperative Trust Spends Its Money: Now We See How Unions Spread It. But here is a list of the top recipients:

  1. $1,095,000 – Taxpayers to Preserve Community Jobs, No on Measure A, sponsored by labor and management organizations (June 5, 2012 election in City of San Diego)
  2. $770,000 – UCLA Labor Center (aka UCLA Center for Labor Research and Education), part of the University of California Miguel Contreras Labor Program
  3. $250,000 – No 98/Yes 99 – A Committee of City and County Associations, Taxpayers and Environmental Groups, League of California Cities, Californians for Neighborhood Protection, Coalition of Conservationists
  4. $164,550 – “Other” (?)
  5. $100,000 – Apollo Alliance
  6. $100,000 – Paxton-Patterson Construction Lab/Shop in San Joaquin County
  7. $50,000 – Taxpayers to Preserve Community Jobs, No On Measure G, sponsored by labor and management organizations (June 8, 2010 election in City of Chula Vista)

But what’s more interesting is the source of at least some of this money, if not all of it.

A Mysterious Union Slush Fund, Authorized by an Obscure 1978 Federal Law to Encourage Better Relationships Between Unions and Manufacturers, Gave $100,000 to No on Measure V

The California Construction Industry Labor-Management Cooperative Trust contributed a total of $100,000 to the No on Measure V campaign. This is an extraordinarily high amount for a political contribution from one entity, especially concerning a local ballot measure! The head of the California Construction Industry Labor-Management Cooperative Trust is Bob Balgenorth, who is also head of the State Building and Construction Trades Council of California, based in Sacramento.

This is NOT a traditional Political Action Committee. It is an arcane type of union trust authorized by the obscure Labor-Management Cooperation Act of 1978, a law signed by President Jimmy Carter and implemented by the Federal Mediation and Conciliation Service. Inspired by the decline of unionized manufacturing in the Northeast, this federal law was meant to help industrial management and union officials build better personal relationships and cooperate against the threat of outside competition. There are no federal or state regulations specifically addressed toward these trusts, and these trusts do not have any reporting requirements to the U.S. Department of Labor’s Office of Labor-Management Standards. This is an ambiguous and forgotten law that’s ripe for abuse.

It’s Not Union Members that Give the Money to the California Construction Industry Labor-Management Cooperative Trust: It’s Utility Ratepayers and Contractors Working for Extorted Power Plant Owners

Since the 1990s, whenever an energy company or public utility submits an application to the California Energy Commission seeking approval of a new power plant, an organization called California Unions for Reliable Energy (CURE) often “intervenes” in the licensing process. Represented by the South San Francisco law firm Adams Broadwell Joseph & Cardozo, CURE submits massive data requests and environmental objections to the California Energy Commission. The applicant by law is required to answer CURE’s submissions, at significant cost and delay. The chairman of California Unions for Reliable Energy (CURE) is Bob Balgenorth (see above).

If the power plant owner agrees to require its construction contractors to sign a Project Labor Agreement with the State Building and Construction Trades Council of California or its regional affiliates, CURE’s objections fade away and the power plant proceeds unhindered through the licensing process. If the company or utility does not surrender to CURE’s demand, then CURE’s interference and lawsuits continue.

This racket – sometimes called “greenmail” because it’s the use of the California Environmental Quality Act (CEQA) and federal environmental laws to pressure developers to sign Project Labor Agreements – is well-known to the energy industry in California and has been extensively reported in the news media over the past dozen years. (For example, see Labor Coalition’s Tactics on Renewable Energy Projects Are Criticized – Los Angeles Times – February 5, 2011.)

For cases in which the power plant applicant succumbs to CURE’s harassment, the Project Labor Agreement that the power plant owner signs usually contains a provision requiring the owner or its contractors to make a lump-sum payment or series of payments to the California Construction Industry Labor-Management Cooperative Trust.

For example, the Project Labor Agreement signed by the Northern California Power Agency (a conglomerate of publicly-owned utilities) for the construction of the Lodi Energy Center required the agency to shell out $90,000 to the California Construction Industry Labor-Management Cooperative Trust. That amount was dutifully mailed to Bob Balgenorth on August 17, 2010. (For more on this payment, see High Energy: Lodi Center Designed to be a Powerhouse for Chunk of State – Stockton Record – October 4, 2011; also, the union rebuttal on the California Building Trades Council web site – ABC Falsehoods Refuted in Letter to Stockton Record – a denial that the California Construction Industry Labor-Management Cooperative Trust is used for political contributions.)

And Section 13.1 of the Project Labor Agreement signed by the Southern California Public Power Authority (another conglomerate of publicly-owned utilities) for the construction of the City of Anaheim’s Canyon Power Plant required the agency to shell out $65,000 to the California Construction Industry Labor-Management Cooperative Trust.

The California Construction Industry Labor-Management Cooperative Trust reports these payments as “membership dues” to the Internal Revenue Service. Which brings up a question: are the local elected officials who serve as commissioners for the Northern California Power Agency and the Southern California Public Power Authority exercising their responsibilities as “members” to approve $100,000 in political contributions to the No on Measure V campaign in Costa Mesa?

But Wait a Minute…Is It Legal to Have Utility Ratepayers Fund a Mysterious Union Trust Fund that Contributes to Political Campaigns, Such as No on Measure V in Costa Mesa?

In 2009, an internal committee of the Northern California Power Agency discussed whether or not a payment to the California Construction Industry Labor-Management Cooperative Trust was an illegal gift of public funds. (Note the original amount to the California Construction Industry Labor-Management Cooperative Trust was supposed to be $150,000, but aggressive opposition to the Project Labor Agreement forced the unions to cut it down to $90,000 in order to win approval from the board of commissioners.)

To solve this uncertainty, in May 2011 State Senator Mark Leno (D-San Francisco) added a cryptic amendment at the request of union lobbyists and lawyers to the end of a large unrelated public utilities bill (Senate Bill 790) regarding “community choice aggregation.” It added Section 3260 to the Public Utilities Code: “Nothing in this division prohibits payments pursuant to an agreement authorized by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), or payments permitted by the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Secs. 173, 175a, and 186). Nothing in this division restricts any use permitted by federal law of money paid pursuant to these acts.”

No one in the California State Legislature – apparently not even Senator Leno – initially knew what this strange new provision meant. In the end, a few legislators such as Assemblywoman Shannon Grove (R-Bakersfield) came to understand and reveal in floor debate that it authorized public utilities to pass on the costs of payments to labor-management cooperation committees to ratepayers. Governor Brown signed the bill into law with the language tacked on the end.

It’s a tangled conspiracy. Especially intriguing is that one union official is the head of the State Building and Construction Trades Council of California, the California Construction Industry Labor-Management Cooperative Trust, and California Unions for Reliable Energy. For more information, see the investigative report of the Coalition for Fair Employment in Construction at this September 23, 2011 post at www.TheTruthaboutPLAs.comA Genuine California Union Conspiracy: Senate Bill 790 and the California Building Trades Council’s Ratepayer Funded Political Slush Fund

Confused about the Conspiracy? Here’s a Chart.

A public utility or private energy company applies to the California Energy Commission for approval to build a power plant.

California Unions for Reliable Energy (CURE) uses its “intervenor” status at the California Energy Commission to submit massive data requests and environmental complaints about the proposed power plant, as a result gumming up the licensing process and causing costly and lengthy delays for the applicant.

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Applicant for prospective power plant surrenders and agrees to sign a Project Labor Agreement with the State Building and Construction Trades Council of California or its regional affiliates. California Unions for Reliable Energy releases its grip of legal paperwork and the project moves forward unimpeded and acclaimed as environmentally sound.

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The Project Labor Agreement contains a required payment or payments to the California Construction Industry Labor-Management Cooperative TrustCalifornia Public Utilities Code Section 3260 – enacted by Senate Bill 790 in 2011 – allows public utilities to pass costs through to ratepayers.

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The California Construction Industry Labor-Management Cooperative Trust reports those payments to the IRS as “Membership Dues,” creating questions about the rights inherent for dues-paying members.

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The California Construction Industry Labor-Management Cooperative Trust makes contributions to political campaigns, such as $100,000 to fund 100% of the No on Measure V anti-charter campaign (Committee for Costa Mesa’s Future, No on V, sponsored by labor and management organizations) in the City of Costa Mesa in 2012.

Solutions

Is there any way this racket can be stopped? Yes. The U.S. Department of Labor’s Office of Labor Management Standards could promulgate regulations that establish restrictions and reporting guidelines for committees authorized by the Labor-Management Cooperation Act of 1978. Even better, Congress could pass legislation amending or repealing the law, and the President could sign it.

In the meantime, enjoy some of the No on V mailers below, brought to you by the California Construction Industry Labor-Management Cooperative Trust!

Is this a photo of a typical meeting of the board of directors of the California Construction Industry Labor Management Cooperative Trust?

If the union officials running the California Construction Industry Labor-Management Cooperative Trust had read Are Charter Cities Taking Advantage of State-Mandated Construction Wage Rate (“Prevailing Wage”) Exemptions?, they would have known that Mammoth Lakes is NOT a charter city.

They should have used a photo of Los Angeles and a photo of the state capitol to show who calls the shots when a California city doesn’t operate under a charter.

Is this the joint in Sacramento where the board of directors of the California Construction Industry Labor Management Cooperative Trust goes for drinks after deciding to spend more money against the proposed Costa Mesa charter?

OK, I get it. If you’re concerned about crushing debt, government mismanagement, and lack of public accountability, vote against the charter and leave your municipal affairs to the prudent and responsible leaders of the California State Legislature.

Kevin Dayton is the President & CEO of Labor Issues Solutions, LLC, and is the author of frequent postings about generally unreported California state and local policy issues at www.laborissuessolutions.com.

Mailers Expose Union CEQA “Greenmail” Against Solar Developers

Finally, ordinary citizens in the San Joaquin Valley learn how construction trade unions block solar power plant projects by exploiting the California Environmental Quality Act (CEQA).

Residents of Kings County (in the San Joaquin Valley of California) see local opportunities for economic growth and job creation through the construction and operation of proposed solar-powered electrical generation facilities. At the same time, local residents worry about the possibility that out-of-town developers could build or partially build these solar power facilities on former farmland but then abandon them to rust if solar energy turns out not to be profitable.

This is why the Alliance for a Cleaner Tomorrow (ACT), a project of the Coalition for Fair Employment in Construction (CFEC), mailed 10,000 educational pieces this week to Kings County households informing them that construction trade unions are abusing the the California Environmental Quality Act (CEQA) to grab control of solar power construction jobs, in the process increasing costs of construction and risking the economic viability of solar energy generation in the San Joaquin Valley.

According to union front groups such as California Unions for Reliable Energy (CURE), the construction and operation of a solar-powered electrical generating facility has the potential to devastate the environment; that is, until the developer agrees to sign a Project Labor Agreement with unions.

In a press release issued today (September 25, 2012), the Alliance for a Cleaner Tomorrow reported that it intended to make 10,000 Kings County households aware of the epidemic of union “greenmail” against renewable energy projects in the San Joaquin Valley – and specifically against Recurrent Energy‘s Mustang Solar Generation Project in Kings County.

Groups such as California Unions for Reliable Energy (CURE) and the International Brotherhood of Electrical Workers Union Local No. 100 in Fresno exploit the California Environmental Quality Act (CEQA) and other environmental laws to delay proposed projects. Their objective is to coerce developers to hand over monopoly control of the construction to unions through a Project Labor Agreement. The CEQA abuse racket is called “greenmail,” and it is rampant throughout California.

A San Francisco-based company, Recurrent Energy, succumbed to the union CEQA threats and signed a Project Labor Agreement for construction of the Mustang Solar Generation Project in Kings County.

Eric Christen, executive director of the Alliance for a Cleaner Tomorrow, says the following in the September 25, 2012 press release:

For too long, construction unions have claimed, with a straight face, that solar power is bad for the environment. It’s as shameless as it is absurd. The unions block or threaten to block solar power projects using the California Environmental Quality Act – commonly known as CEQA – until the developer surrenders to the unions and agrees to sign a Project Labor Agreement (PLA). This is exactly what happened on the 160 megawatt solar power plant in Lemoore called the Mustang Solar Generation Project.

The press release also outlines the details of how greenmail works.

The Kings County Planning Commission had received this letter from CURE when Recurrent (Energy) first made its plans known for a Kings County project. Like rain in springtime, these implicitly threatening letters appear like clockwork as soon as a project is announced anywhere in California…The International Brotherhood of Electrical Workers Local No. 100 has a long history of hiring the law firm of Adams, Broadwell, Joseph & Cardozo out of South San Francisco to dig up alleged environmental problems with solar projects. One of the most prominent was the Fresno Airport Parking solar project in 2007.

Adams Broadwell Joseph & Cardozo is cited in the Project Labor Agreement for the Mustang Solar Generation Project.

The press release concludes with the motivation for sending the mailers:

We’re going to make sure that Kings County residents and the people of California and the San Joaquin Valley know why solar power plants are so expensive, why they are taking so long to build, and why local workers don’t get to build them,” Christen added.

When will the California State Legislature reform CEQA to stop this? The Fresno Bee published an editorial on Sunday, August 5, 2012 calling for Governor Jerry Brown to take a leadership role in reforming CEQA so that unions can’t exploit it to coerce Project Labor Agreements from developers. See “EDITORIAL: Governor Again Moves Toward Needed CEQA Reform Steps – Changes to the State Law Should Be Vetted and Discussed by All Parties” – Fresno Bee – August 5, 2012.

The editorial states the following:

Brown recently has been dropping hints he is open to a significant reform of the law. It’s clearly needed, and we hope this isn’t another instance of him shooting off his mouth. California needs significant CEQA reform.

CEQA is being abused, and defenders of the law get defensive whenever anyone suggests it. The most pernicious abuse is known as “greenmail,” with groups threatening CEQA lawsuits to get labor concessions or other side deals.

Real Reform of CEQA to Stop Union Greenmail Will Be an Uphill Battle

Setting aside the last-minute proposed Sustainable Environmental Protection Act of 2012 (which was never formally introduced and probably would have little effect in stopping greenmail), the California State Legislature considered one bill in 2012 to significantly reform CEQA. On January 9, 2012, the Assembly Natural Resources Committee considered a bill introduced by Assemblywoman Shannon Grove (R-Bakersfield) – Assembly Bill 598 – which would have given the California Attorney General the exclusive authority to file or maintain a lawsuit alleging that an Environmental Impact Report (EIR), negative declaration, or mitigated negative declaration does not comply with CEQA.

The committee rejected the bill on a 6-3 party-line vote, with Republicans in support and Democrats opposed. The hearing was an opportunity for the committee to discuss how certain parties, particularly labor unions, exploit public participation in the CEQA process to achieve objectives unrelated to environmental protection.

Assemblywoman Grove cited four specific examples of different unions (the Teamsters, the California Nurses Association, the United Food and Commercial Workers, and the Service Employees International Union) filing CEQA lawsuits to delay projects as leverage to extract labor concessions from businesses:

  • In 2011, the Teamsters union filed a CEQA lawsuit against VWR International, a distributor of laboratory supplies. The union, in an attempt to intimidate VWR International into signing a union labor agreement at a proposed new facility in Visalia, is using CEQA to allege that trucks entering and exiting the facility will harm the environment. This large facility is likely to employ more than 100 people in a county that has an unemployment rate over 15% and desperately needs jobs, yet there are truckers trying to stop the use of trucks! And this is after an EIR has already been approved for the process.
  • In 2009, the California Nurses Association sued Alameda County under the pretense that the county did not comply with CEQA in approving a project to demolish the deficient Eden Medical Center Hospital and other buildings and replace them with a new state of the art hospital and medical office complex. The nurses’ union did not want Sutter Health to close the San Leandro Hospital and reduce the number of beds at the Eden Medical Center. Here we see nurses protesting against a state-of-the-art new hospital.
  • The Service Employees International Union filed a CEQA lawsuit in 2007 to stop construction of Providence Holy Cross Medical Center in Mission Hills and a CEQA lawsuit in 2006 to stop construction of Sutter Medical Center in Sacramento. Both of these lawsuits occurred in the context of SEIU organizing campaigns.
  • The United Food and Commercial Workers Union has been behind numerous CEQA lawsuits filed by a Davis lawyer against proposed Wal-Mart projects in Northern California. These lawsuits are related to unions concerns over non-signatory competition for grocery sales.

Testifying on behalf of my former employer (Associated Builders and Contractors of California), I discussed how certain construction trade unions abuse CEQA as a weapon to delay projects until the owner agrees to require contractors to sign a Project Labor Agreement with unions. The Western Electrical Contractors Association (WECA) and the Chambers of Commerce Alliance of Ventura & Santa Barbara were the other public supporters of the bill.

Assemblywoman Linda Halderman (R-Fresno) cited the specific example of a union using CEQA to try to force a contractor to sign a Project Labor Agreement to install solar panels at Fresno-Yosemite International Airport. Assemblyman Steve Knight (R-Palmdale) adeptly exposed the Attorney General’s double standard of opposing the additional responsibilities assigned in AB 598 while remaining silent about adopting additional responsibilities through other legislation.

Legitimate environmental organizations such as the Sierra Club and the Planning and Conservation League opposed the bill. The Teamsters and United Food and Commercial Workers (UFCW) union opposed the bill in writing but did not speak at the hearing. Democrats on the committee opposed the bill, but some of them (along with the Attorney General’s office) acknowledged that some parties abuse CEQA. Assemblyman Bill Monning (D-Santa Cruz) said nothing about how the Carpenters union used CEQA in a recent high-profile campaign to delay and ultimately derail the proposed La Bahia Hotel in Santa Cruz.

Kevin Dayton is the President & CEO of Labor Issues Solutions, LLC, and is the author of frequent postings about generally unreported California state and local policy issues at www.laborissuessolutions.com.