05.03.2016 Views

SCV Reader March 2016

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

<strong>March</strong> <strong>2016</strong> THE <strong>Reader</strong> • 19<br />

C a m e r o n S m y t h<br />

key Supreme Court Cases<br />

Could end in 4-4 tie<br />

S C ot t w i l k<br />

in wake of aliso Canyon gas<br />

leak the Public utilities<br />

Commission needs reform<br />

by Cameron Smyth<br />

Contributing Writer<br />

by Assmemblyman Scott Wilk<br />

Contributing Writer<br />

If the upcoming Presidential election wasn’t<br />

important enough, the recent death of<br />

Supreme Court Justice Antonin Scalia has<br />

put a spotlight on one of the most critical<br />

functions of the President and the Senate —<br />

the appointment and confirmation of the<br />

members of the Supreme Court. This appointment<br />

is even more critical as the Court<br />

was viewed as a “center-right” body by a slim<br />

5-4 margin with Scalia. The loss of the most<br />

conservative member now puts the court at<br />

4-4 with several key decisions pending before<br />

it. What happens in the case of a tie<br />

vote?? The lower court’s ruling stands and in<br />

the current session that can mead heart ache<br />

for both Liberals and Conservatives.<br />

Here are a few of the cases court watchers<br />

feel are most likely to end up 4-4 along with<br />

the ruling of the previous court:<br />

Abortion: In what many are calling the<br />

most significant abortion case in decades, the<br />

court will hear a challenge to a Texas law in<br />

that in effect eliminates 75% of the abortion<br />

clinics throughout the state as a result of Legislative<br />

restrictions on abortion services...<br />

Lower court upheld the restrictions, thus the<br />

closures would proceed<br />

Immigration: A case that has received national<br />

attention, the court will consider<br />

whether the Obama Administrations executive<br />

order which protected undocumented<br />

workers from deportation and to allow them<br />

to continue to work.<br />

Lower court ruled against Administration<br />

meaning deportation can proceed<br />

Union Dues: Initiated by a case involving<br />

the California Teachers Association, the court<br />

is to decide whether public employees who<br />

choose not to join unions are still required to<br />

pay dues for the union’s collective bargaining<br />

activities.<br />

Lower court ruled in favor of Unions, requiring<br />

support for bargaining activities<br />

Laemmle<br />

Voting Districts: The 14th Amendment<br />

sets that each legislative district must contain<br />

approximately an equal number of people.<br />

However, what is being challenged is<br />

whether districts should have the same number<br />

of people or the same number of eligible<br />

voters. A ruling for eligible voters would<br />

have significant impact in California as undocumented<br />

residents would not be counted,<br />

thus diluting heavily democratic urban districts.<br />

Lower court ruled in favor of counting ALL<br />

residents, not just eligible voters<br />

Along with the fate of these and several<br />

other major cases to be decided by the<br />

Supreme Court, the greater debate is now<br />

whether President Obama should nominate a<br />

replacement or leave a vacancy for the next<br />

President. I expect Obama will make a nomination<br />

and the Senate will simply not hold a<br />

hearing, which is their right as a co-equal<br />

branch of Government. And if you think this<br />

is some Republican ploy with no precedent<br />

look no further than the following quote from<br />

Vice President Joe Biden, who is now ironically<br />

the President of the Senate, where he<br />

said in 1992 on the Senate floor: “As a result,<br />

it is my view that if a Supreme Court Justice resigns<br />

tomorrow, or within the next several<br />

weeks, or resigns at the end of the summer,<br />

President Bush should consider following the<br />

practice of a majority of his predecessors and<br />

not — and not — name a nominee until after<br />

the November election is completed”.<br />

Can’t you just picture the Presidents reaction<br />

when that CSPAN video surfaced. . . .<br />

Priceless. R<br />

Cameron Smyth is a lifelong resident of the<br />

Santa Clarita Valley who served six years on the<br />

Santa Clarita City Council before being elected<br />

to represent the Valley in the State Legislature.<br />

After leaving the Assembly in 2012, Cameron returned<br />

to the private sector and continues to reside<br />

in Newhall with his wife and three children.<br />

continued from previous page<br />

terest, which ironically received approximately<br />

a half-million dollars in<br />

city assistance to relocate to downtown<br />

Newhall.<br />

Boydston staged what amounted<br />

to a late-night filibuster, speaking for<br />

about an hour regarding his opposition<br />

to the Laemmle plan and his<br />

suggestion for a stripped-down project<br />

for the site, across the street from<br />

the Old Town Newhall Library. His<br />

long-winded soliloquy tested the patience<br />

of Mayor Bob Kellar, who<br />

twice urged Boydston to be more<br />

concise.<br />

Fortunately, the other three council<br />

members recognized that this<br />

project — which guarantees<br />

Laemmle will operate the theater for<br />

at least 15 years — will provide<br />

major economic and social benefits<br />

to Old Town Newhall.<br />

The parking structure will be for<br />

the use and benefit of everyone who<br />

visits Old Town Newhall and all of its<br />

business, and the subsidy for<br />

Laemmle represents an investment<br />

in Old Town Newhall’s future. It has<br />

become a fact of life that governments<br />

assist projects like this one,<br />

and the costs of the subsidies are recouped<br />

via future sales tax revenue.<br />

In the long run, the city will come<br />

out ahead — and so will the community.<br />

R<br />

Do you recall the last movie you rented<br />

from Blockbuster? I know I don’t!<br />

Today everyone is using Netflix, HBO<br />

GO, and ‘the cloud’ to get the latest and greatest<br />

shows and movies. But that’s how society<br />

works – huge companies and organizations<br />

become outdated and obsolete over time,<br />

eventually being surpassed by something<br />

new and innovative.<br />

As families move back in their homes after<br />

the Aliso Canyon gas leak disaster, it’s clear<br />

that the California Public Utilities Commission<br />

(CPUC) is one of these old authoritative<br />

bodies — we need something new and improved<br />

to protect Californians.<br />

Back in 1911, California voters established<br />

a Railroad Commission and in 1912, the same<br />

year California Governor Hiram Johnson was<br />

the vice presidential nominee with Theodore<br />

Roosevelt on the Bull Moose Party ticket, the<br />

Legislature expanded the Commission’s regulatory<br />

authority to include things like natural<br />

gas, electrical power, telephones, water<br />

companies, and of course it still regulated<br />

railroads. In 1946, this commission was simply<br />

renamed the California Public Utilities<br />

Commission, or CPUC. But it also expanded<br />

its regulatory power to include taxis, limousines,<br />

marine transportation and other commonly<br />

used things in the hopes that one<br />

regulatory body could best oversee these<br />

mixed services.<br />

In the century since its establishment, the<br />

utilities and industries under the oversight of<br />

the CPUC have grown and evolved to the<br />

point where the current structure of the<br />

CPUC is ineffective at best, and obsolete as<br />

worst. Ultimately, this leaves Californians<br />

without the proper regulatory protections<br />

that we all pay to have — and recent disasters<br />

highlight this.<br />

In September of 2010, a natural gas<br />

pipeline exploded into flames in a residential<br />

neighborhood in San Bruno, two miles from<br />

the San Francisco International Airport. The<br />

roar was so loud and shaking so severe, residents<br />

initially believed it was an earthquake<br />

or a jetliner had crashed. The explosion and<br />

fire killed 8 people, injured 58, destroyed 38<br />

homes and damaged 70 more.<br />

And after the radiation leak in 2012 at the<br />

San Onofre nuclear power plant, a state investigator<br />

is now looking into criminal<br />

charges against the former CPUC president,<br />

Michael Peevey, over backdoor meetings and<br />

unreported communications. Specifically, Mr.<br />

Peevey worked behind public view to push<br />

the idea that Southern California Edison, who<br />

owns the San Onofre nuclear power plant,<br />

would fund $25 million of greenhouse gas research<br />

at UCLA as a part of the $4.7-billion<br />

settlement.<br />

Most recently, Porter Ranch experienced<br />

the worst natural gas leak in U.S. history.<br />

87,000 metric tons of methane has been released<br />

into the atmosphere, and thousands of<br />

families have been displaced due to obvious<br />

health concerns. The cause of the natural gas<br />

leak was due to a breached metal pipe, however<br />

the safety valve that was removed in<br />

1979 was never replaced and Porter Ranch<br />

residents have paid the price. In SoCal Gas’<br />

2014 General Rate Case Application to the<br />

CPUC, SoCal Gas testified for increasing customer<br />

rates in order to pay for safety and risk<br />

considerations, specifically to older 1940’s<br />

era wells at the Aliso Canyon facility. In other<br />

words, the CPUC already knew there were serious<br />

safety and risk concerns with older<br />

wells at Aliso Canyon.<br />

These disasters are evidence of the CPUC’s<br />

inefficiency and failures in being a regulatory<br />

body. Privately owned electric, natural gas,<br />

telecommunications, water, railroad, rail<br />

transit, and passenger transportation companies<br />

present a very diverse portfolio of industry.<br />

Should the agency regulating UBER<br />

and hot air balloons be the same agency regulating<br />

California’s systems of natural gas and<br />

nuclear power plants? It’s become evident<br />

that the CPUC is not able to adequately juggle<br />

regulating these varied interests.<br />

This is why I joined Assemblymeber Mike<br />

Gatto, D-Los Angeles, in coauthoring an Assembly<br />

Constitutional Amendment, the Public<br />

Utility Reform Act of <strong>2016</strong>. This bill will<br />

place an initiative before voters to strike Article<br />

12 from the California Constitution,<br />

which would remove constitutional protections<br />

the CPUC so regularly enjoys. This<br />

would also require the California Legislature<br />

to reassign the regulatory functions of the<br />

CPUC by 2018.<br />

This constitutional amendment recognizes<br />

the 21st century presents different challenges<br />

that those of the 20th century. The<br />

CPUC should no longer be enshrined in the<br />

California Constitution, but instead ought to<br />

allow reform in order to reassign regulation<br />

of industries to more appropriate state bodies<br />

to provide greater accountability.<br />

The California Legislature understands the<br />

current structure of the CPUC is in dire need<br />

of modernization, and this legislation will ensure<br />

CPUC reform so all Californians get the<br />

21st century protections they pay for. R<br />

Assemblyman Wilk represents the 38th Assembly<br />

District, which encompasses Simi Valley,<br />

the northwestern section of the San<br />

Fernando Valley and most of the Santa Clarita<br />

Valley.<br />

l e t t e r S<br />

<strong>Reader</strong>s are encouraged to submit their<br />

views, reviews and questions as letters to the<br />

editor for publication in the Westside <strong>Reader</strong>.<br />

Submissions may be sent by mail or email.<br />

Letters are subject to being edited due to<br />

space constraints. Letters to the editor must<br />

include the author’s name, town and phone<br />

number for verification.<br />

Email: Info@westsidereader.com<br />

Mail To:<br />

25876 The Old Road, Suite 66<br />

Stevenson Ranch, CA 91381

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!