Notice of Time Change - East Bay Municipal Utility District

BOARD OF DIRECTORS 

EBMUD EAST BAY MUNICIPAL UTILITY DISTRICT 

375 -1 lth Street, Oakland, CA 94607 Office of the Secretary: (510) 287-0440 

Notice of Time Change 

LEGISLATIVE/HUMAN RESOURCES 

COMMITTEE MEETING 

10:30 a.m. 

Tuesday, August 10, 2010 

Notice is hereby given that on Tuesday, August 10, 2010, the Regular 

Legislative/ Human Resources Committee Meeting of the Board of Directors has 

been rescheduled from 10:00 a.m. to 10:30 a.m. The meeting will be held in the 

Training Resource Center of the Administration Building, 375 - 1 lth Street, 

Oakland, California. 

Dated: August 5, 2010 

H^yndlle M. Lewis " 

Secretary of the District 

W:\Notioes\Notices 2010X081010_lhr_time_change.doc

BOARD OF DIRECTORS 

EBMUD EAST BAY MUNICIPAL UTILITY DISTRICT 

375 - 11 th Street, Oakland, CA 94607 Office of the Secretary: (510) 287-0440 

ROLL CALL: 

AGENDA 

Legislative/Human Resources Committee 

Tuesday, August 10, 2010 

10:30 a.m. 

Training Resource Center 

(Committee Members: Directors Mclntosh {Chair}, Coleman and Mellon) 

PUBLIC COMMENT: The Board of Directors is limited by State law to providing a brief response, asking questions for 

clarification, or referring a matter to staff when responding to items that are not listed on the agenda. 

DETERMINATION AND DISCUSSION: 

1. Legislative Report: (Kanouse) 

• Consider adopting positions on the following ballot initiatives: 

o Proposition 18 - The "Safe, Clean and Reliable Drinking Water 

Supply Act of 2010" 

o Proposition 23 - The California Jobs Initiative 

o Proposition 25 - Passing the Budget on Time Act of 2010 

o Proposition 26 - Amend the Constitution to Require that Certain 

State and Local Fees be Approved by Two-Thirds Vote 

• Update on Legislative Issues of Interest to EBMUD 

ADJOURNMENT: 

Disability Notice 

If you require a disability-related modification or accommodation to participate in an EBMUD public meeting please 

call the Office of the Secretary (510) 287-0404. We will make reasonable arrangements to ensure accessibility. Some 

special equipment arrangements may require 48 hours advance notice. 

Document Availability 

Materials related to an item on this Agenda that have been submitted to the EBMUD Board of Directors within 72 hours 

prior to this meeting are available for public inspection in EBMUD's Office of the Secretary at 37511th Street, 

Oakland, California, during normal business hours. 

W:\Agendas\Agendas 2010\081010_lhr_ agenda.doc

DATE: August 5, 2010 

MEMO TO: Board of Directors 

EAST BAY MUNICIPAL UTILITY DISTRICT 

FROM: Dennis M. Diemer, General Manager 

SUBJECT: Legislative Report No. 09-10 

The following issues are being referred to the Legislative and Human Resources Committee for review 

and recommendation to the Board of Directors for action, as appropriate. 

RECOMMENDED 

VOTER INITIATIVES POSITION 

THE CALIFORNIA JOBS INITIATIVE (PROPOSITION 23) OPPOSE 

Proposition 23, the "California Jobs Initiative" would suspend the operation and implementation of the 

California Global Warming Solutions Act of 2006, until the state's unemployment rate reaches 5.5 

percent or below for four consecutive quarters. Proposition 23 has qualified for the November 2, 2010 

ballot. 

Background 

In 2006, the state enacted AB 32 (Nunez), the California Global Warming Solutions Act of 2006. AB 

32 established the target of reducing the state's greenhouse gas emissions to 1990 levels by the year 

2020. AB 32 requires the California Air Resources Board (CARB) to adopt rules and regulations by 

January 1, 2011 to reach this target. EBMUD supported AB 32 on the basis that it would help to 

ensure a continued focus on the most potent sources of greenhouse gas emissions and minimize the 

effects from rising sea levels, degradation in air quality, and loss of Sierra snow pack. The District 

was the first water and wastewater agency to monitor its greenhouse gas emissions under the Climate 

Action Registry protocols, and commit to reductions. 

CARB has proposed the development of a series of regulations intended to reduce the state's 

greenhouse gas emissions to achieve AB 32's reduction target. These proposed regulations include a 

cap and trade regulation, a low carbon fuel standard, a requirement that electric utilities obtain at least 

33 percent of their supply from renewable sources, and a fee to be imposed on power plants, refineries 

and other high emitters, to cover the costs of administering the AB 32 program. CARB's regulations 

are in various stages of development with the target of adoption by January 1, 2011, consistent with 

AB 32's timeline. 

If approved by voters in the November 2, 2010 general election, Proposition 23 would suspend the 

state's implementation of AB 32 and would effectively freeze CARB's efforts to complete and adopt 

the necessary regulations. The initiative would specifically prohibit any state agency from proposing, 

promulgating, or adopting any regulation to implement AB 32 and would render any regulation to 

implement AB 32 that was adopted prior to the passage of the initiative void and unenforceable until

Board of Directors 

August 5, 2010 

Page 2 

the statewide unemployment rate reaches 5.5 percent or below for four consecutive calendar quarters 

(one year). 

The Legislative Analyst's Office has concluded that Proposition 23's suspension of AB 32 would be 

indefinite. According to the Legislative Analyst's Office analysis, there have been only three time 

periods during the last 40 years when the state's unemployment rate has been at 5.5 percent or lower 

for four consecutive quarters. Currently the state's unemployment rate is above 12 percent and 

economic forecasts for the next five years project that unemployment rates will remain above 8 

percent. Thus it is unlikely that the proposition's 5.5 percent threshold will be reached and sustained 

in the near future. 

Support and Opposition Arguments 

Arguments in favor of Proposition 23 assert that greenhouse gas emission reduction efforts will put 

California at a competitive disadvantage by costing rather than creating jobs. Proponents argue that 

AB 32 will not slow climate change but will impose higher energy costs on the state and its residents. 

Arguments in opposition assert that Proposition 23 would result in the state indefinitely abandoning its 

efforts to reduce greenhouse gas emissions. This would stifle the state's burgeoning green energy 

sector that has made California the energy laboratory for the world and would impede efforts to 

minimize the effects of climate change on water supply. 

Proposition 23 support and opposition lists are included as attachments. 

CONSTITUTIONAL AMENDMENT - THE ON-TIME BUDGET SUPPORT 

ACT OF 2010 (PROPOSTION 25) 

Proposition 25, known as "The On-Time Budget Act of 2010," would amend the state constitution to 

allow the budget and associated appropriations bills to be passed with a simple majority vote of each 

house of the legislature and to take effect immediately upon approval by the governor. Proposition 25 

also provides that when the budget is not passed by the legislature by the June 15 th constitutional 

deadline, the members of the legislature would be required to forfeit their salaries and any 

reimbursements for travel and living expenses until a budget is passed and presented to the governor. 

Proposition 25 specifies that the forfeited payments would be non-reimbursable. Proposition 25 has 

qualified for the November 2, 2010 ballot. 

Background 

The state constitution grants the legislature the power to appropriate state funds and the state budget is 

the legislature's primary method of authorizing state expenses for each fiscal year. Current law 

requires, under the constitution, a two-thirds vote of each house to pass "urgency" measures that take 

effect immediately, increase taxes, and appropriate from the state's General Fund other than for public 

schools. The two-thirds vote requirement applies to the state budget because it includes appropriations 

from the General Fund and it needs to take effect immediately. California is one of only three states 

that require a two-thirds vote to approve its budget. California is the only state that mandates a twothirds 

vote for both its budget and to approve new or increased taxes.



Page 3 

The constitution requires that each of the two houses of the legislature pass the annual budget bill by 

June 15 th and send it to the governor for signature. Since 1980, the legislature has met its June 15 th 

constitutional deadline for sending a budget to the governor only five times. 

California's persistently late budgets have negatively impacted the state's credit rating. According to 

the State Treasurer's website, California's credit rating is currently the lowest of all 50 states. 

Additionally, late budgets increase costs to the state. For example, during the 2009 state budget crisis, 

the State Controller issued 450,000 interest-bearing IOUs in lieu of payment to vendors for services 

rendered. According to the State Controller's website, $2.6 billion worth of IOUs were issued between 

July 2 and September 4, 2009 at an annual interest rate of 3.75 percent. The millions of dollars in 

interest paid on these IOUs represent additional costs to the state that would not have been incurred if a 

budget had been passed on time and approved by the governor. 

Late budgets can have far-reaching societal impacts. Late budgets deprive individuals of essential 

government services when spending is suspended, harm businesses that suffer protracted delays in 

payments for services provided to the state, delay state and local infrastructure projects, and increase 

costs to the state. By reducing the budget vote threshold from two-thirds to a simple majority, 

Proposition 25 would make it easier to send the budget bill to the governor during those times when a 

single party holds the majority in both houses of the legislature. 


Support arguments for Proposition 25 assert that this measure would break legislative gridlock by 

allowing a simple majority of legislators to approve a budget while helping California reduce the 

unnecessary costs of budget delays. Proposition 25 would hold legislators accountable by docking 

their pay and travel and living expense reimbursement for every day the budget is late. Finally, 

Proposition 25 preserves the constitutional requirement that two-thirds of the legislature approve new 

or higher taxes. 

Opposition arguments assert that Proposition 25 would allow the two-thirds vote requirement for new 

or increased taxes to be circumvented by allowing taxes to be enacted as part of budget appropriations 

bills, which can be approved with a simple majority vote. Opponents also argue that because the 

budget and associated appropriations bills would take effect immediately, the public's right to seek to 

overturn approved fees or taxes via referendum would be eliminated. Opponents further contend that 

legislators will be able to circumvent their salary forfeiture for late budgets with higher expense 

accounts. 

The list of known supporters and opponents of Proposition 25 is shown below. 

Support 

AFL-CIO 

AFSCME 

California Democratic Party 

California Faculty Association 

California Federation of Teachers 

California Labor Federation



Page 4 

California Nurses Association 

California Professional Firefighters Association 

California School Employees Association 

Consumer Federation of California 

Health Access California 

League of Women Voters of California 

Opposition 

California Chamber of Commerce 

California Taxpayers' Association 

Citizens for California Reform 

Howard Jarvis Taxpayers Association 

Latin Business Association 

National Federation of Independent Business/California 

Small Business Action Committee 

CONSTITUTIONAL AMENDMENT TO REQUIRE CERTAIN STATE OPPOSE 

AND LOCAL FEES BE APPROVED BY A TWO-THIRDS VOTE 

(PROPOSITION 26) 

Proposition 26 would amend the state constitution to reclassify all state and local agency charges and 

fees as taxes requiring a two-thirds vote by the legislature or the local agency's voters, subject to 

categorical exceptions. Water and wastewater rates that are already subject to Proposition 218's notice 

and protest requirements would be unaffected by the proposition. Proposition 26 has qualified for the 

November 2, 2010 ballot. 

Background 

Proposition 26 would make two primary changes with regard to state and local fees and taxes. First, 

Proposition 26 would redefine fees as taxes and would provide that all state and local charges are taxes 

subject to the two-thirds vote requirement. Proposition 26 provides specific exceptions from the twothirds 

vote requirement for: 

• User charges based on government's reasonable costs for specific products, services, 

benefits, or privileges provided directly and exclusively to the fee payor; 

• Regulatory charges limited to reasonable administrative costs for issuing permits and 

licenses, and for performing inspections, investigations, audits, enforcement, and 

adjudication; 

• Charges for the use of or entrance to state or local government property; 

• Fines and penalties imposed as a result of legal violations; and 

• Local charges imposed as a condition of property development, assessments, and propertyrelated 

fees, the last of which include regular, ongoing utility rates. 

This redefinition of state and local regulatory fees as taxes could have a devastating impact on the 

state's regulatory programs. Current law allows the charge to be based on the costs of government



Page 5 

oversight or the social or environmental costs associated with particular activities. Proposition 26 

would restrict the definition of regulatory fees to only administrative costs for issuing permits and 

licenses, and for performing inspections, investigations, audits, enforcement, and adjudication. This 

could result in a large funding gap for many of the state's regulatory programs, including its 

environmental programs. 

Second, Proposition 26 would amend the state constitution to require a two-thirds, instead of a 

majority, vote by the legislature for overall revenue neutral legislation if it "results in any taxpayer 

paying a higher tax" with tax redefined in a broad manner to include various fees. Proposition 26 

would thus broaden the two-thirds vote requirement for state taxes to include statutes that reallocate 

tax burdens but result in no net revenue increase. Current law allows measures that do not result in a 

net increase in state taxes to be adopted by majority vote of the legislature. 

In challenges, Proposition 26 would place the burden of proof on state and local government to 

demonstrate that a fee is not a tax and that the revenue raised complies with the measure's 

requirements. For state taxes, Proposition 26 would have a retroactive effect for any state tax enacted 

after January 1, 2010. Under its retroactive provisions, Proposition 26 would render any state tax that 

is inconsistent with the proposition's requirements inoperative one year after the effective date of the 

proposition. 

With regard to EBMUD, water and wastewater rates that are already subject to Proposition 218's 

notice and protest requirements would be unaffected by the proposition. In addition, most state and 

local fees paid by public water agencies would appear likely to fall outside the definition of taxes in the 

proposition. 


Arguments in support of Proposition 26 assert that state and local politicians are using a loophole to 

impose hidden taxes by calling them fees instead of taxes. This bypasses the tough state and local 

requirements that are necessary to increase taxes. Unlike taxes, which require two-thirds vote of the 

legislature for state taxes, and voter approval for local taxes, fees can be passed by a simple majority 

vote of the legislature and at the local level can be adopted without voter approval. According to the 

proponents, these hidden taxes add billions of dollars in higher costs that consumers pay. 

Arguments in opposition assert that Proposition 26 would impose a burdensome two-thirds vote 

requirement on all state legislation that would result in any state or local taxpayer paying a dollar more 

in taxes. Based on the challenges the state has had in adopting its two-thirds vote budget in recent 

years it is clear that Proposition 26 would effectively delay or bar passage of much future legislation. 

The retroactive application of the proposition could have a destabilizing fiscal impact on state finances 

which could lower the state's bond rating further. 

The list of known supporters and opponents of Proposition 26 is shown below. 

Support 

California Chamber of Commerce 

California Taxpayers' Association



Page 6 

Small Business Action Committee 

Opposition 


California Labor Federation 

Peace and Freedom Party 

DMD:RK:MD 

Attachments

"Yes on 23" (http://www.yeson23.coni/learn-more/coalition-list/) 

California Jobs Initiative Supporters (As of June 23, 2010) 

State and National Organizations 

American GI Forum of California 

American GI Forum Women of California 

Americans for Prosperity 

Associated California Loggers 

Association of Energy Service Companies 

Black Business Association 

California Association of Business and Property Owners 

California Automotive Wholesalers Association 

California Citrus Mutual 

California Coalition of Filipino American Chambers 

California Cotton Ginners and Growers Associations 

California Dairy Campaign 

California Dump Truck Owners Association 

California Hispanic Chambers of Commerce 

California Independent Oil Marketers Association (CIOMA) 

California League of Food Processors 

California Manufacturers & Technology 

Association 

California Poultry Federation 

California Republican Party 

California Small Business Alliance 

California Small Business Association 

California State Firefighters Association 

California Taxpayer Protection Committee 

California Tomato Growers Association 

California Trucking Association 

Can Manufacturers Institute 

Chemical Industry Council of California 

Filipino Progress 

Howard Jarvis Taxpayers Association 

Independent Oil Producers Agency 

Lumber Association of California and Nevada 

National Federation of Independent Business 

- California (NFIB) 

National Petrochemical and Refiners Association 

National Tax Limitation Committee 

National Taxpayers Union 

Nisei Farmers League 

Printing Industries of California 

Waste Watchers 

Western Agricultural Processors Association

Air Quality/Public Health Officials: 

Peter Foy, Ventura County Air Pollution Control District Board Member 

Brad Mitzelfelt, Mojave Desert Air Quality Management District Board Member 

Reb Monaco, Monterey Bay Unified Air Pollution Control District Board Member 

Kim Yamaguchi, Butte County Air Quality Management District Board Member 

Local and Regional Organizations 

Alliance of Contra Costa Taxpayers 

American GI Forum, Modesto Chapter 

Antelope Valley Black Chamber of Commerce 

Apple Valley Chamber of Commerce 

Butte County Farm Bureau 

Carson Black Chamber of Commerce 

Central Solano Taxpayers Association 

Clovis Chamber of Commerce 

Coalition of Labor, Agriculture and Business of Santa Barbara 

Contra Costa Taxpayers Association 

El Dorado County Joint Chambers of Commerce 

Fontana Hispanic Chamber of Commerce 

Garden Grove Chamber of Commerce 

High Desert Auto Supply 

Hispanic Chamber of Commerce of Contra Costa County 

Hispanic Chamber of Commerce, Silicon Valley 

Kern County Black Chamber of Commerce 

Kern County Black Chamber of Commerce, Development Foundation 

Kern County Taxpayers Association 

Long Beach Chamber of Commerce 

Los Angeles Metropolitan Hispanic Chamber of Commerce 

Los Angeles Regional Homeless Restoration Advisory Coalition 

Milpitas Chamber of Commerce 

Montclair Chamber of Commerce 

Moreno Valley Black Chamber of Commerce 

Northern California Water Association 

Regional Hispanic Chamber of Commerce 

Sacramento County Taxpayers League 

San Diego Tax Fighters 

San Diego Urban Economic Corporation 

Santa Maria Valley Contractors Association 

Santa Maria Valley Chamber of Commerce 

Silicon Valley Black Chamber of Commerce 

Simi Valley Chamber of Commerce 

Solano County Black Chamber of Commerce 

Southern California Rock Products Association 

Stockton Black Chamber of Commerce 

Stockton/San Joaquin County Filipino Chamber of Commerce 

Ventura County Agricultural Association 

Yuba-Sutter Farm Bureau 

Westminster Chamber of Commerce 

Wilmington Chamber of Commerce

Yucaipa Chamber of Commerce 

Local Governments and Elected Officials 

Butte County 

City of Lake Forest 

City of Laguna Hills 

City of Laguna Niguel 

Madera County 

San Bernardino County 

City of Suisun City 

City of Tulare 

CityofTustin 

Walter Allen, III, Covina City Council Member 

Jerry Amante, Mayor of Tustin 

Anthony Botelho, San Benito County Supervisor 

Donald Callison, American Canyon Council Member 

Joe Carchio, City of Huntington Beach Council Member 

Carolyn Cavecche, Mayor of Orange 

Steven Choi, Irvine City Council Member 

Joe Diduca, Vice-Mayor of Paradise 

Jim DeMartini, Stanislaus County Supervisor 

Richard Dixon, Mayor Pro-Tem of Lake Forest 

Peter Foy, Ventura County Supervisor 

Charlie Goeken, Mayor of Waterford 

Matthew Harper, Trustee, Huntington Beach 

Union High School District 

Peter Herzog, Mayor of Lake Forest 

Frank Hilliker, Director, Lakeside Water District 

Mike Hudson, Suisun City Council Member 

Steve Jones, Mayor Pro-Tem, Garden Grove 

Janice Keating, former Modesto City Council Member 

Joel Lautenschleger, Laguna Hills Council Member 

Wendy Leece, Mayor Pro-Tem, Costa Mesa 

L. Dennis Michael, Mayor Pro-Tem, Rancho Cucamonga 

Robert Ming, Laguna Niguel Council Member 

Brad Mitzelfelt, San Bernardino County Supervisor 

Reb Monaco, San Benito County Supervisor 

Vern Moss, Madera County Supervisor 

Steve A. Nagel, Fountain Valley City Council Member 

Scott Nassif, Apple Valley Town Council Member 

Scott Nelson, Placentia Council Member 

Ray Nutting, El Dorado County Supervisor 

Kristin Olsen, Modesto City Council Member 

Allen Settle, San Luis Obispo Council Member 

Barry Talbot, Mayor Pro-Tem, City of Canyon Lake 

Frank Ury, Mission Viejo Council Member 

Andy Vasquez, Yuba County Supervisor 

Craig Vejvoda, Tulare Council Member 

Joe Vinatieri, Whittier Council Member

Acquanetta Warren, Fontana Council Member 

Jeremy Yamaguchi, Placentia Council Member 

Kim K. Yamaguchi, Butte County Supervisor 

Businesses 

Advanced Composite Tooling 

Altraco, Inc. 

AV Wedding Guide 

Bishop-Wisecarver Corporation 

Boyett Petroleum 

Broadview Co-op Gin 

Buttonwillow Ginning Company 

Cobb's Pescadero Travel 

ConlOU 

CRI Appraisals and Real Estate 

Cross Petroleum 

J.B. DeWar, Inc. 

J.E. DeWitt, Inc. 

Dion & Sons 

Elm Communications 

GCM Farms 

Glove USA 

Hand To Hand Marketing 

Hernandez Sewing, Inc. 

High Desert Auto Supply 

Huley Enterprises, Inc. 

Huron Ginning Company 

Krueger & Company 

Mid-Valley Cotton Growers 

Miller Geosciences 

Pacific Rim Seafood 

Partners Management Group 

Poma Holding Company, Inc. 

Prado Farms 

Products Engineering Corporation 

Professional Small Business Services, Inc. 

Riverside Truck & Equipment, Inc. 

Rood & Dax Advanced Insurance Services 

Scolari Ranches 

SDSW Consulting 

Sierra Valley Almonds 

Smothers and Associates 

Square One Enterprises 

Supreme Steel Treating, Inc. 

Taylor Trucking 

TBS Petroleum 

Team Heating and Air Conditioning 

Terranova Ranch 

Teixeira and Sons

Tesoro Corporation 

Titus & Associates 

TC Two Creative Studios 

Touchstone Industrial Supply 

Tuppan Cabinets 

David A. Turner Homes, Inc. 

Ugalde Trucking Company 

Valero 

Water Stewards, Inc. 

West Island Cotton Growers, Inc. 

Westside Farmers Cooperative 

Yadari Enterprises

STOP the 

DIRTY 

ENERGY 

PROPOSITION 

We Oppose Prop. 23 - 

The Texas Oil Companies' Dirty Energy Proposition! 

Business Community Leaders 

Dan Abrams, President/CEO, Cross River Pictures 

Michelle Alberda, Senior Financial Advisor, 

Ameriprise Financial 

Karen Alter, E2 Member 

Scott Badenoch, Founder and CEO, Creative Citizen 

Lee Bailey, VC, Rustic Canyon Group 

Meera Balakumar, Principal, Sterling Analytics 

Kathy Barry, E2 Member 

Gautam Barua, Partner, Aclaria Capital 

Christie Batterman Jordan, CEO, Lindsay / Barnett Inc.; 

Green Age Press 

Fiona Bensen, E2 Member 

Tod Bensen, Chairman, WildAid 

Laura Berland-Shane, Manager, Business Development, 

Siemens Alternative Energy 

Tony Bemhardt, Physicist; Angel investor, Lawrence 

Livermore National Laboratory 

Anthony Bemheim, Principal, Sustainable Design, HDR 

Shelley Billik, Warner Bros. 

Rachel Binah, Chair Emeritus, Environmental Caucus, 


Maureen Blanc, E2 Northern California Chapter Director, 

Environmental Entrepreneurs 

Dayna Bochco, President, Steven Bochco Productions 

Steven Bochco, Steven Bochco Productions 

Hale Boggs Manatt, Phelps & Phillips 

Jack Bolick, CEO, Adura Technologies 

Ann Bordetsky, Better Place 

Eric Bowen, President & CEO, Tellurian Biodiesel, Inc. 

George Brandt, E2 Member 

Barbara Brenner Buder, CFO, VP - Operations, The San 

Francisco Theological Seminary 

Steve Briggs, E2 Member 

Alan Buder, E2 Member 

Bob Burnett, E2 Member 

Ed Campaniello, E2 Member 

Charlie Campbell, Financial Advisor, UBS Financial 

Services Inc. 

Jamie Campbell, President, Investment Marketing Inc. 

Peter Carson, Partner, Bingham McCutchen LLP Priscilla 

Carson, E2 Member 

Steve Chadima, Chief Marketing Officer, TweetUp 

John Cheney, CEO, Silverado Power, LLC 

Member List -Individual Supporters 

(as of 7.30.10) 

Business Community Leaders (cont.) 

David Cheng, Associate, Ridgewood Capital 

Stacie Cheng, Strategic Director, Cheskin 

Roger Choplin, Vice President, Our Earth Music, Inc. 

Barry Cinnamon, CEO, Akeena Solar 

Woody Clark, Managing Director, Clark Communications 

Patty Coffin, E2 Member 

Peter Coffin, E2 Member 

Pat Colburn, Director/Support Services, California 

Building Performance Contractors Association 

Tom Cole, CEO, Consuming, Inc. 

Daniel Conners, Senior V.P. Financial Advisor, UBS 

Andrea Cook, E2 Member 

Susan Corlett, Director of Development and 

Communications, Sustainable Conservation 

Joy Covey, President, Beagle Foundation 

Catherine Crystal Foster, Consultant, Policy & Advocacy 

Consulting 

Peter Davis, Retired Attorney 

John Dawson, Co-founder, Zentek Technology 

James De Golia, E2 Member 

Joyce Deep, E2 Member 

Rick DeGolia, Executive Chairman, InVisM, Inc. 

Michael Delapa, DeLapa Consulting 

Anne Delehunt, Marketing Consultant, Delehunt-Ricketts 

Marco DeMiroz, Managing Director, Selby Ventures 

Harry Dennis, Pediatrician, Palo Alto Medical Clinic 

Susan Dennis, Fine Arts Advisor, Self-employed 

Mike Dierks, Chief Operating Officer, Crossbow 

Technology Inc. 

Todd Dipaola, President, Pier Alliance LLC 

Ted Driscoll, Venture Partner, Claremont Creek 

Ventures 

Charisse Bartholomew Dunn, Owner, Healing Spaces by 

Design 

Anne Earhart, E2 Member 

Karen Eggerman, E2 Member 

Ira Ehrenpreis, General Partner, Technology Partners 

Kristin Elsmore, Assistant Program Manager, California 

Building Performance Contractors Association 

Bob Epstein, Co-founder, Sybase, New Resource Bank, 

Environmental Entrepreneurs 

Rob Erlichman, Founder & President, Sunlight Electric, 

LLC 

No on 23 - Califomians to Stop the Dirty Energy Proposition. Sponsored by Environmental Organizations and Business for Clean Energy and Jobs. Major 

funding by Natural Resources Defense Council Action Fund, California Ballot Measure Committee for Clean Energy and Jobs and Green Tech Action Fund. 

FPPC ID #1324059.1100 11th Street, Ste. 200, Sacramento, CA 95814 info@stopdirtyenerqyprop.com phone/fax number 888.445.7880


Isaac Fehrenbach, Greylock Partners 

Lynn Feintech, E2 Member 

Anne Feldhusen, Marketing Program Manager, Hewlett 

Packard 

Paul Ferreri, Co-Founder, Blossom Investment 

Management 

Adrienne Fioretti, Assistant Portfolio Manager, Encinal 

Partners 

Steve Fioretti, VP, CRM Product Strategy, Oracle 

Corporation 

Bob Fisher, Chair, Gap, Inc. & Sun Microsystems 

Frances Fisher, E2 Member 

Matthew Fisher, Nixon Peabody LLP 

Peter Fisher, E2 Member 

Randi Fisher, E2 Member 

Barry Fitzgerald, Founder, Hidden Compass Consulting 

Buddy Fletcher, E2 Member 

Stacey Ford, E2 Member 

Jon Foster, SVP Global Operations, Atempo 

Karen Francis, E2 Member 

Tod Francis, Founding Partner, Shasta Ventures 

Matthew Frome, Director of Business Development, 

Solazyme, Inc. 

Jim Fulton, Cooley Godward LLP 

Alex Gallegos, Senior Campaign Consultant, The 

Campaign Solutions Group 

Lisa Gansky, Founder, Ofoto/Kodak Gallery 

Constance Grizzell, President, CastleRock Technology 

Inc. 

Diane Garrett, E2 Member 

Todd Garrett, E2 Member 

Mike Geluardi, E2 Member 

Bonnie Gemmell, GoFavo 

Rob Gemmell, Founder, CMO, Zaudhaus 

Gary Gero, President, Climate Action Reserve 

Aaron Gershenberg, Managing Director, Silicon Valley 

Bank 

Tushar Gheewala, CEO & Chairman, Inventions 

Outsource 

Nancy Gail Goebner, Nancy Goebner Designs 

Ken Goldsholl, CEO, Movidis, Inc. 

Nancy Goldsholl, E2 Member 

Randy Goldstein.CEO, OptiSolar Holdings LLC. 

Lorena Gonda Kiralla, E2 Member 

Marianna Grossman, President & Executive Director, 

Sustainable Silicon Valley 

Joseph Guth, Legal Director, Science and Environmental 

Health Network 

Bob Hambrecht, Self-Em ployed 

Elissa Hambrecht, E2 Member 

Kieth Hammond, E2 Member 

Carol Hazenfield, E2 Member 

Barbara Hemesman, Director of Training and 

Workforce Dev., California Building Performance 

Contractors Association - HERS 

Susan Herrschaft, Operations Manager, 

PricewaterhouseCoopers 

Alan Herzig, Independent Director 

Winston Hickox, E2 Member 

James Higgins, Partner, Lakeside Enterprises 

Jill Tate Higgins, General Partner, Lakeside 

Enterprises 


Heather Hochrein, California Youth Energy 

Services Program Director, Rising Sun 

Energy Center 

Elaine Honig, E2 Member 

Colin Horowitz, E2 Member 

Zoe Hunton, Office of Senator Fran Pavley 

Janet Huseby, Volunteer coordinator, Berkeley High 

School 

Tom Jacoby, CEO, Tymphany Corporation 

Lisa Kaas Boyle, Plastic Pollution Coalition 

Charlene Kabcenell, Former Vice President, Oracle 

Corporation 

Derry Kabcenell, Former Executive Vice President, 

Oracle Corporation 

Michael Kahane, E2 Member 

Suzanne Kahane, E2 Member 

Dan Kalb, California Policy Coordinator, Union of 

Concerned Scientists 

Carrie Kappel, Postdoctoral Fellow, Natl Center for 

Ecological Analysis & Synthesis 

Hon. Leslie Katz, Former Supervisor of San Francisco 

and Senior Vice President Public Policy, Pacific 

Carbon Exchange 

Arthur Keller, Managing Partner, Minerva Consulting 

Steven Kiralla, E2 Member 

Michele Kirsch, Co-founder, Kirsch Foundation 

Steve Kirsch, CEO, Propel Accelerator 

Bob Klausner, E2 Member 

Charly Kleissner, Co-Founder, KD Cura Corporation 

Lisa Kleissner, KL Felicitas Foundation 

Nick Kline, Environmental Paralegal, Altshuler Berzon 

LLP 

Ted Kniesche, VP of Business Development, Fulcrum 

Bioenergy 

Charles Knowles, Executive Director, Wildlife 

Conservation Network 

Chip Koch, Partner, Petrosus Energy 

Stephen Koch, Portfolio Manager, AIG Global Real 

Estate 

Andrea Kopald, President/Owner, Nelson Public 

Relations 

Larry Kopald, President, TKG 

Felix Kramer, Founder, CalCars.org 

Daniel Krivens, Senior Designer, nicholsbooth 

ARCHITECTS 

Andrea Kune, E2 Member 

Gina Lambright, Managing Partner, TOZ Consulting 

Ray Lane, General Partner, Kleiner Perkins Caufield & 

Byers 

Sue Learned-Driscoll, Administrator, Stanford University 

Noelle Leca, Vice Chair, Chair-Elect, NCPB, Inc. 

Nicole Lederer, Co-Founder, Environmental 

Entrepreneurs 

Christina Lemer, Ecosensible 

Craig Lewis, Founding Principal, RightCycle & FIT 

Coalition 

Shannon Lewis, E2 Member 

Donna Liu, Former policy analyst, NRDC 

Peter Liu, Founder and Vice Chairman, New Resource 

Bank 

Janet Logothetti, E2 Member 

Charles Long, E2 Member 

No on 23 - Californians to Stop the Dirty Energy Proposition. Sponsored by Environmental Organizations and Business for Clean Energy and Jobs. 

Major funding by Natural Resources Defense Council Action Fund, California Ballot Measure Committee for Clean Energy and Jobs and Green Tech 

Action Fund. FPPC ID #1324059.1100 11th Street, Ste. 200, Sacramento, CA 95814 info(S)stopdirtvenerqyprop.com phone/fax number 888.445.7880


Jane Long, E2 Member 

Alison Long Poetsch, Principal, SHR investments 

Judith Lubman, E2 Member 

Dr. Shelley Luce, Environmental Scientist 

Tracy Lyons, ClearEdge Power, Inc., Mythic Records LLC 

Steve MacKay, Principal, Scourie Network Partners 

Marguerite Manteau-Rao, Entrepreneur, blogger 

Ughetta Manzone, Attorney-at-Law 

Yolanda Manzone, Associate, Hanson Bridgett LLP 

Drew Maran, President, Drew Maran Construction, Inc. 

Deborah Marshall, Sidley Austin LLP 

Christine Martin, Clinical Nurse Specialist, San 

Francisco General Hospital 

Dean Martucci, Conscious Business Center 

Debra Martucci, E2 Member 

Julia Massa, E2 Member 

Bonnie Matlock, E2 Member 

Andrew McAllister, E2 Member 

Nancy McCarter-Zorner, Plant Pathologist 

Kelley McKanna, Project Manager, Renewable Funding 

Elizabeth McPhail, CEO, KUITY Corp 

Lisa Mihaly, Family Nurse Practitioner 

Robin Mills, E2 Member 

Carol Mone, President, Our Earth Music, Inc. 

Patricia Moore, Owner, Koumbite 

Michael Moradzadeh, Commodore, Corinthian Yacht 

Club 

Elizabeth Moule, E2 Member 

Gib Myers, Partner Emeritus, Mayfield Fund and 

Founder/board of the Entrepreneurs Foundation 

Susan Myers, E2 Member 

Debbie Mytels, Associate Director for Programs, Acterra 

Armand Neukermans, Founder, Xros 

Eliane Neukermans, E2 Member 

Tori Nourafchan, E2 Member 

Rick Nowels, E2 Member 

Kathy Nyrop, Consultant 

Anne O'Grady, E2 Member 

Standish O'Grady, Managing Director, Granite 

Ventures, LLC 

Emanuel Orlando, Associate, Ham rick & Evans, LLP 

Larry Orr, Managing Partner, Trinity Ventures 

Alex Osadzinski, E2 Member 

Jiali Osadzinski, Controller, Applied Biosystems 

Jack Oswald, CEO, SynGest Inc. 

Carl Palmer, Beartooth Capital Partners 

Jim Panttaja, Vice President, Corporate Development, 

RebelVox 

Mary Panttaja, Vice President, Product Management, 

RebelVox 

Ellen Pao, Kleiner Perkins Caufield & Byers 

Sheridan Pauker, Wilson Sonsini Goodrich and Rosati 

Sunil Paul, Founding Partner, Spring Ventures 

Matt Peak, Director of Technology Ventures, Prize 

Capital, LLC. 

Lynn O'Leary Pieron, Founding Principal, Clarity Corp. 

Jeff Poetsch, Principal, JCP Advisors 

Stefanos Polyzoides, E2 Member 

Judy Prejean, Software Consultant 

Christopher Pribe, E2 Member 

Wade Randlett, Co-founder, Nextfuels, Inc. 

Prad Rao, Investor 


Jennifer Regan, Manager, Sustainability Programs, AEG 

Grant Ricketts, Co-Founder and VP Business 

Development, Saba 

Robert Rogan, Executive Vice President, Corporate 

Development, eSolar 

Annika Rogers, Tilden Park Software 

Arthur Rosenfeld, Retired Commissioner, California 

Energy Commission 

David Rosenheim, CEO, JamBase, Inc. 

David Rosenstein, President, Intex Solutions 

Jack Rosenthal, Energy and Electrical Engineer, P25 

Engineering 

Bill Rosenzweig, IdeaGarden 

Heather Rosmarin, Cooley Godward Kronish LLP 

Julie Rudick, E2 Member 

Stuart Rudick, Partner, Mindful Capital Partners, LLC 

Jim Rudoff, Realtor, McGuire Real Estate 

Hank Ryan, Efficiency Data & Development 

Eric Schmidt, Chairman and CEO, Google 

Wendy Schmidt, Founder, The 11th Hour Project 

Jan Schori, Retired General Manager, SMUD 

Carolyn Schrader, Energy Efficiency Consultant 

Peter Schurman, E2 Member 

Bette Schuster, E2 Member 

Stu Schuster, Novus Ventures 

Pamela Schwab, Resolve Capital 

David Schwartz, Senior Vice President, Siebel Systems 

David Schwartz, E2 Member 

Paul B. Scott, Chief Science Officer, ISE Corp. 

Laura Seidman & Maria Garcia Alvarez, 

Equilibrium Energy and Design 

Anneke Seley, CEO, ALIO Inc. 

Carol Sethi, Patient's Administration, Valley Medical 

Center, San Jose 

Kuldip Sethi, CEO, SV Greentech Corp. 

Cynthia Sexton, E2 Member 

Tim Sexton, Founder & CEO, The Sexton Company 

Reid Shane, Producer/Partner, Frequency Films 

Nathan Sheddroff, Program Chair, MBA in Design 

Strategy, California College of the Arts 

Christine Kimball Shewmaker, PhD, Plant Biologist, 

BluGoose Consulting 

A. Vincent Siciliano, CEO, New Resource Bank 

Jon Slangerup, CEO, NEI Treatment Systems, LLC 

Sandra Slater, Owner, Sandra Slater Environments 

Gail Slocum, Former Mayor, Menlo Park, Sr. Energy 

Regulatory Attorney, PG&E 

Bob Smith, Former COO & CFO, Nellcor Inc. 

Steve Soboroff, CEO, Playa Vista 

Mary Solecki, E2 Advanced Biofuel Industry Consultant, 

E2 

Jennifer Solow, Author 

Tom Soto, Managing Partner, Craton Equity Partners 

Andrew Springer, Resolve Capital 

June Stein, Virtual Group, LLC, Virtual Group, LLC 

Lee Stein, Chairman and CEO, Virtual Group, LLC 

Irene Stillings, E2 Member 

Marc Stolman, Attorney, Stolman Law office, E2 

Climate Project Leader 

Tricia Stone, Founder, Stone Communications 

Camille Stranger, E2 Member 

Peter Stranger, Managing Partner, Current 



Action Fund. FPPC ID #1324059.1100 11th Street, Ste. 200, Sacramento, CA 95814 info@stopdirtyenerqyprop.com phone/fax number 888.445.7880


Scott Struthers, Co-Founder, Sonance 

Marc Stuart, Co-Founder & Director, New Business 

Devel, EcoSecurities 

Sheryl Stuart, E2 Member 

Ed Supplee, Former CFO, UTStarcom 

Sally Supplee, Former Chief Financial Officer, various 

companies 

Kevin Surace, CEO, Serious Materials 

Rebecca Suter, GRID Partners, Principal 

Terry Tamminen, President, Seventh Generation 

Advisors and former Secretary of the California 

Environmental Protection Agency 

Sven Thesen, Communication & Technology, Project 

Better Place 

Cariad Thronson, E2 Member 

Robert Thronson, VP Managed Service Solutions, 

Genesys Telecommunications 

Adam Tibbs, President, projectFrog 

Suzy Tompkins, Assistant to Bill Reilly, Aqua 

International Partners 

Terry Trumbull, Trumbull Law Firm 

Eileen Tutt, Executive Director, California Electric 

Transportation Coalition 

Kathleen Unger, Managing Director, KSMU, LLC 

Stephen Unger, Managing Director, KSMU, LLC 

Thomas Van Dyck, Sr. Vice President, RBC Dain 

Rauscher 

Mark Vander Ploeg, Senior Managing Director, 

Evercore Partners 

Chris Vargas, Founder, Cleantech Circle LLC 

Marita Vargas, Journalist (Freelance) 

Maria Vidal, E2 Member 

Peter Von Clemm, E2 Member 

Keely Wachs, Sr. Director Corporate Communications, 

BrightSource Energy 

Cindy Walden, E2 Member 

Mark Walden, COO, Data Robotics, Inc. 

Kirby Walker, Independent film/video producer 

Fred Wang, General Partner, Trinity Ventures 

Tracy Wang, E2 Member 

Beth Ward, E2 Member 

Bill Weihl, Green Energy Czar, Google Inc 

Nadine Weil, VP of Special Projects, Ecofabulous, Eco- 

Editor, 944 Magazine 

Amanda Weitman, Senior Vice President, Wells Fargo 

Private Bank 

Dave Welch, Chief Technology Officer, 

Infinera Corporation 

Heidi Welch, E2 Member 

Steve Westly, The Westly Group 

Clint Wilder, Contributing Editor, Clean Edge 

Ellie Wilder, E2 Member 

Diana Williams, E2 Member 

Pamela Lawton Wilson, Attorney 

Tonia Wisman, E2 Member 

Jeanne Wohlers, Independent Director 

Erik Wohlgemuth, VP of Strategic Operations, Future 

500 

Jorden Woods, Coach for Entrepreneurs, Founder 

GlobalSight & Omniscape 

Robert Wright, Principal/CEO, Marketing Arts, Inc. 


Ion Yadigaroglu, Managing Partner, Capricorn 

Investment Group 

Mary M. Yang, President & Founder, KAIROS Scientific 

Inc. 

Peter Yolles, Principal, Water Insight Consulting 

Daniel Yost, Partner, Orrick, Herrington & Sutcliffe LLP 

Emily Young, Director of Environmental Analysis & 

Strategy, The San Diego Foundation 

Peter Zahn, President, Green Chamber of San Diego 

County 

Margaret Zankel, E2 Member 

Martin Zankel, Emeritus Chairman, Bartko, Zankel, 

Tarrant & Miller 

Paul Zorner, President and CEO, Hawaii BioEnergy, LLC 

Academia 

Mark Bernstein, PhD, Professor, Practice of 

Political Science, University of Southern 

California and Managing Director, 

University of Southern California's 

Energy Institute 

Eric Biber, Acting Professor of Law, Berkeley Law, 

University of California 

Benjamin H. Bratton, Director, Design Policy Program, 

University of California, San Diego 

Ann Carlson, Shapiro Professor of Environmental Law 

and Faculty Director, Emmett Center on Climate 

Change and the Environment, UCLA School of 

Law 

Jack C. Hegenauer, PhD, Biochemistry and Biophysics, 

Research Professor (Retired), University of 

California, San Diego 

Judy Hegenauer, PhD, Education, Educator (Retired), 

California Department of Education 

Alice Kaswan, Professor, University of San Francisco 

School of Law 

Stanley Lubman, Lecturer, School of Law, University of 

California 

Stephen Mayfield, Director, San Diego Center 

for Algae Biotechnology 

Terry L. Root, PhD, Professor, Department of Biology, 

Stanford University 

Armin Rosencranz, Consulting Professor in Human 

Biology, Stanford University 

Linda Rosenstock, Dean, School of Public Health, 

University of California, Los Angeles 

Stephen H. Schneider, PhD, Professor, Department of 

Biology, Stanford University 

Michael Wara, PhD, JD, Assistant Professor of Law, 

Stanford Law School 

State and Federal Elected Officials 

Governor Arnold Schwarzenegger 

US Senator Dianne Feinstein 

Senate Pro Tempore Darrell Steinberg 

Senator Elaine Alquist 

Senator Ellen M. Corbett 

Senator Dean Florez 

Senator Loni Hancock 

Senator Christine Kehoe 

Senator Alan Lowenthal 

Senator Mark Leno 



Action Fund. FPPC ID #1324059.1100 11th Street, Ste. 200, Sacramento, CA 95814 info@stopdirtvenerqyprop.com phone/fax number 888.445.7880

State and Federal Elected Officials (cont.) 

Senator Carol Liu 

Senator Jenny Oropeza 

Senator Fran Pavley 

Senator Joe Simitian 

Senator Lois Wolk 

Assembly Speaker John Perez 

AssemblymemberTom Ammiano 

Assemblymember Karen Bass 

Assemblymember Julia Brownley 

Assemblymember Wesley Chesbro 

Assemblymember Joe Coto 

Assemblymember Mike Davis 

Assemblymember Hector De La Torre 

Assemblymember Kevin de Leon 

Assemblymember Mike Feuer 

Assemblymember Paul Fong 

Assemblymember Jerry Hill 

Assemblymember Jared Huffman 

Assemblymember Dave Jones 

Assemblymember Ted Lieu 

Assemblymember Bill Monning 

Assemblymember Pedro Nava 

Assemblymember Ira Ruskin 

Assemblymember Lori Saldafia 

Assemblymember Nancy Skinner 

Local Government 

Mayor Steve Barbose, City of Sonoma 

Mayor Richard B. Collins, City of Tiburon 

Mayor Bruce Delgado, City of Marina 

Mayor Bill Fulton, City of Ventura 

Mayor Carmelita Garcia, City of Pacific Grove 

Mayor Susan Gorin, City of Santa Rosa 

Mayor Gary Liss, City of Loomis 

Mayor Ronald O. Loveridge, City of Riverside 

Mayor Leonard McNeil, City of San Pablo 

Mayor Gavin Newsom, City & County of San Francisco 

Mayor Mike Rotkin, City of Santa Cruz 

Mayor Ann Schwab, City of Chico 

Mayor Jim Wood, City of Healdsburg 

Mayor Pro Tern Roseann Mikos, City of Moorpark 

Mayor Pro Tern Don Saylor, City of Davis 

Vice Mayor Ryan Coonerty, City of Santa Cruz 

Vice Mayor Sid Espinosa, City of Palo Alto 

Vice Mayor Tom Nickell, City of Chico 

Vice Mayor Jeff Ritterman, City of Richmond 

Vice Mayor Gary Wysocky, City of Santa Rosa 

Councilmember Richard Alarcon, City of Los Angeles 

Councilmember Jesse Arreguin, City of Berkeley 

Councilmember Luis Ayala, City of Alhambra 

Councilmember Shane Brinton, City of Arcata 

Councilmember Greg Brockbank, City of San Rafael 

Councilmember Tom Butt, City of Richmond 

Councilmember Laurie Capitelli, City of Berkeley 

Councilmember Steve Castaneda, City of Chula Vista 

Councilmember Steve Cohn, City of Sacramento 

Councilmember Rob Fong, City of Sacramento 

Councilmember Alice Fredericks, Town of Tiburon 

Councilmember Donna Frye, City of San Diego 

Councilmember Monica Garcia, City of Baldwin Park 

Councilmember Pam Hartwell-Herrero, City of Fairfax 

Councilmember Barbara Heller, City of San Rafael 

Local Government (cont.) 

Councilmember Don Lane, City of Santa Cruz 

Councilmember Marc Levine, City of San Rafael 

Councilmember Sam Liccardo, City of San Jose 

Councilmember Chuck Lowery, City of Oceanside 

Councilmember Cynthia Mathews, City of Santa Cruz 

Councilmember Kevin McCarty, City of Sacramento 

Councilmember Judy Mitchell, City of Rolling Hills 

Estates 

Councilmember Darryl Moore, City of Berkeley 

Councilmember Nancy Nadel, City of Oakland 

Councilmember Owen Newcomer, City of Whittier 

Councilmember Terry O'Day, City of Santa Monica 

Councilmember Kimberly Peterson, City of Watsonville 

Councilmember Jim Praia, City of San Leandro 

Councilmember Bill Quirk, City of Hayward 

Councilmember Tiffany Renee, City of Petaluma 

Councilmember Ed Reyes, City of Los Angeles 

Councilmember Susan Seamans, City of Rolling Hills 

Estates 

Councilmember Jonathan Sharkey, City of Port 

Hueneme 

Councilmember Ron Swegles, City of Sunnyvale 

Councilmember Das Williams, City of Santa Barbara 

Councilmember Dan Wilson, City of Portola 

Councilmember Kriss Worthington, City of Berkeley 

Supervisor, Susan L. Admas, Ph.D., RN, Marin County 

Supervisor, Keith Carson, Alameda County 

Supervisor, Mark Lovelace, Humboldt County 

Supervisor, Eric Mar, San Francisco County 

Supervisor, Charles McGlashan, Marin County 

Supervisor, Gaile Steele, Alameda County 

Supervisor, Janet Wolf, Alameda County 

Rocky Fernandez, President, AC Transit Board of 

Directors 

Medical Professionals 

Dr. James W. Arrott V, MD, Dermatology 

Lynne Banta, Registered Nurse 

Nathan Gheen, Registered Nurse 

Dr. Linda Rudolph, MD, MPH, Occupational Medicine 

Education 

Richard Holober, Trustee, San Mateo County 

Community College 

Derek Knell, President, Novato Unified School District 



Action Fund. FPPC ID #1324059.1100 11th Street, Ste. 200, Sacramento, CA 95814 info(5).stopdirtvenerqvprop.com phone/fax number 888.445.7880

THOMAS W. HILTACHK 

455 Capitol Mall, Suite 801 

Sacramento, California 95814 

(916) 44*7757 

December 22,2009 

0 9 - -0 1 0 4 

,CEIV^> 

Initiative Coordinator 

Office of the Attorney General Qpr 9 * onno 

State of California . UfeUZ22 ^ 

13001 Street INITIATIVE COORDINATOR 

Sacramento, CA 9424445550 . ATTORNEY GENERAL'S OFFICE 

Re: Request for Title and Summary for Proposed Initiative 

California Jobs Initiative fv-1] 

Dear Ms. Paris: 

Pursuant to Article H, Section 10(d) of ft© California Constitution, Lam • 

submitting the attached proposed statewide ballot measure ("California Jobs Initiative 

[v-1]") to your office and request that you prepare a title and summary of the measure as 

provided by law. I have also included with this letter the required signed statement 

pursuant to California Elections Code section 9608, and a check in the amount of $200. 

My address as registered to vote is shown on Attachment *A* to this letter. 

Should you have any questions or require additional information, please contact 

me at 455 Capitol Mall, Suite 801, Sacramento, CA 95814 or (916) 442-7757. Thank 

you. 

^ Very tral^ours. 

Thomas W.Hiltachk

0 9-0104 

Initiative Measure to be Submitted to Voters 

California Jobs Initiative 

SECTION 1, STATEMENT OF FINDINGS 

A, In 2006, the Legislature and Governor enacted a sweeping environmental law, AB 32. 

While protecting the environment is of utmost importance, we must balance such 

regulation with the ability to maintain jobs and protect our economy, 

B, At the time the bill was signed, the unemployment rate in California was 4.8%. 

California's unemployment rate has since skyrocketed to more than 12%, 

C, Numerous economic studies predict that complying with AB 32 will cost Californians 

billions of dollars with massive increases in the price of gasoline, electricity, food and 

water, further punishing California consumers and households. 

D, California businesses cannot drive our economic recovery and create the jobs we need 

when faced with billions of dollars in new regulations and added costs; and 

E, California families being hit with job losses, pay cuts and furloughs cannot afford to pay 

the increased prices that will be passed onto them as a result of mis legislation right now, 

SECTION 2. STATEMENT OF PURPOSE 

A, The people desire to temporarily suspend the operation and implementation of AB 32 until the 

state's unemployment rate returns to the levels that existed at the time of its adoption. 

SECTIONS, SUSPENSION OF AB 32 

Division 25.6 (commencing with section 38600) of the Health and Safety Code is hereby 

added to read: 

§3860Q(a) From and after the effective date of this measure, Division 25.5(commencing 

with section-38500) of the Health and Safety Code is suspended until such time as the 

unemployment rate in California is 5,5% or less for four consecutive calendar quarters, 

(b) While suspended, no state agency shall propose, promulgate, or adopt any regulation 

implementing Division 25,5(commencing with section 38500) and any regulation 

adopted prior to the effective date of this measure shall be void and unenforceable untilsuch 

time as the suspension is lifted.

October 14,2009 

0 9 - 0.0 5 T 

VIA MESSENGER COEIl/l** 

Office of the Attorney General Y**"* ^CJ 

1300 "I" Street OCT 1 5 2009 

Sacramento, CA 95814 

INITIATIVE COORDINATOR 

Attention: Krystal M. Paris ATTORNEY GENERAL'S OFFICE 

Dear Ms. Paris: 

Re: Passing the Budget on Time Act of 2010 

Pursuant to Elections Code section 9002, we request that the Attorney General 

prepare a title and summary of a measure entitled "Passing the Budget on Time Act of 2010." 

The text of the measure, a check for $200.00, the address at which we are registered to vote and 

the signed statement certifying that we will not willfully allow initiative signatures to be used for 

purposes other than qualification of the measure are enclosed. 

JH:NL 

Enclosures 

(00092365) 

Please tiuect-all correspondence and inquiries iGgaidiug (his measure lur 

James C. Harrison 

Thomas A. Willis 

Remcho, Johansen & Purcell, LLP 

201 Dolores Avenue 

San Leandro, CA 94577 

Phone: (510)346-6200 

Fax: (510)346-6201 

Sincerely, 

JarWclfianjfsoh ~"~ / Thomas A. Willis

SECTION 1. Title. 

0 9-0057 

This measure shall be known and may be cited as the "On-Time Budget Act of 2010." 

SECTION 2. Findings and Declarations. 

The People of the State of California find and declare that: 

1. For more than 20 years, the California Legislature has been unable to meet its 

constitutional duty to pass a Budget Act by June 15. In many of those years, 

the Legislature did not pass a Budget Act until the month of August, and 

in 2008, the Budget Act was not passed until September 16, more than three 

months late. 

2. Late budget passage can have a sudden and devastating effect on individual 

Californians and California businesses. Individuals and families can be 

deprived of essential governmental services and businesses are subject to 

protracted delays in payments for services rendered to the State. 

3. A major cause of the inability of the Legislature to pass a budget in a timely 

manner is the supennajority two-thirds vote required to pass a budget. 

Political party leaders refuse to compromise to solve the State's budget 

problem and have used thetwo-thirds vote requirement to hold up the budget 

or to leverage special interest concessions that benefit only a handful of 

politicians. 

* Callfuxulo, Rhode Island and Arkansas are the only states in the country that— 

require a vote of two-thirds or more of the legislature to pass a budget 

5. A second major cause of the inability of the Legislature to pass a budget on 

time is that individual Legislators have no incentive for doing so. Whether 

they adopt a budget on time or not has no effect upon those elected to 

represent the voters. In order to give the Legislature an incentive to pass the 

annual state budget on time, Legislators should not be paid or reimbursed for 

living expenses if they fail to enact the budget on time. This measure requires 

incumbents to permanently forfeit their salaries and expenses for each day the 

budget is late. 

SECTION 3. Purpose and Intent 

1. The People enact this measure to end budget delays by changing the 

legislative vote necessary to pass the budget from two-thirds to a majority 

vote and by requiring Legislators to forfeit their pay if the Legislature fails to 

pass the budget on time.

2. This measure will not change Proposition 13's property tax limitations in any 

way. This measure will not change the two-thirds vote requirement for the 

Legislature to raise taxes. 

SECTION 4. Section 12 of Article IV of the California Constitution is amended to read: 

SEC. 12 (a) Within the first 10 days of each calendar year, the Governor shall submit to 

the Legislature, with an explanatory message, a budget for the ensuing fiscal year 

containing itemized statements for recommended state expenditures and estimated state 

revenues. If recommended expenditures exceed estimated revenues, the Governor shall 

recommend the sources from which the additional revenues should be provided. 

(b) The Governor and the Governor-elect may require a state agency, officer or 

employee to furnish whatever information is deemed necessary to prepare the budget 

(c)(l) The budget shall be accompanied by a budget bill itemizing 

jecommended expenditures. 

(2) The budget bill shall be introduced immediately in each house by the 

persons chairing the committees that consider the budget. 

(3) The Legislature shall pass the budget bill by midnight on June 15 of each 

year. 

(4) Until the budget bill has been enacted, the Legislature shall not send to the 

Governor for consideration any bill appropriating funds for expenditure during the fiscal 

year for which the budget bill is to be enacted, except emergency bills recommended by 

the Governor or appropriations for the salaries and expenses of the Legislature. 

(d) No bill except the budget bill may contain more than one item of 

appropriation, and that for one certain, expressed purpose. Appropriations from the 

General Fund of the State, except appropriations for the public schools? and 

appropriations m the budget bill and tn other bills providing for appropriations related— 

to the budget bill, are void unless passed in each house by rollcall vote entered in the 

journal, two-thirds of the membership concurring. 

(e)(l) Notwithstanding any other provision of law or of this Constitution, the 

budget bill and other bills providing for appropriations related to the budget bill may be 

passed in each house by rollcall vote entered in the journal, a majority of the membership 

concurring, to take effect immediately upon being signed by the Governor or upon a date 

specified in the legislation. Nothing in this subdivision shall affect the vote requirement 

for appropriations for the public schools contained in subdivision (d) of this section and 

in subdivision (b) of Section 8 of this article. 

(2) For purposes of this section, other bills providing for appropriations 

related to the budget bill shall consist only of bills identified as related to the budget in 

the budget bill passed by the Legislature. 

(ef) The Legislature may control the submission, approval, and enforcement of 

budgets and the filing of claims for all state agencies. 

(fg) For the 2004-05 fiscal year, or any subsequent fiscal year, the Legislature 

may not send to the Governor for consideration, nor may the Governor sign into law, a 

budget bill that would appropriate from the General Fund, for that fiscal year, a total 

amount that, when combined with all appropriations from the General Fund for that fiscal 

year made as of the date of the budget bill's passage, and the amount of any General

Fund moneys transferred to the Budget Stabilization Account for that fiscal year pursuant 

to Section 20 of Article XVI, exceeds General Fund revenues for that fiscal year 

estimated as of the date of the budget bill's passage. That estimate of General Fund 

revenues shall be set forth in the budget bill passed by the Legislature. 

(h) Notwithstanding any other provision of law or of this Constitution, 

including Sections 4 and 8 of Article III and Sections 4andl2(c) of this Article, in any 

year in which the budget bill is not passed by the Legislature by midnight on June 15, 

there shall be no appropriation from the current budget or future budget to pay any 

salap/ or reimbursement for travel or living expenses for Members of the Legislature 

during any regular or special session for the period from midnight on June 15 until the 

day that the budget bill is presented to the Governor. No salary or reimbursement for 

travel or living expenses forfeited pursuant to this subdivision shall be paid retroactively. 

SECTIONS. Severability. 

If any of the provisions of this measure or the applicability of any provision of this 

measure to any person or circumstances shall be found to be unconstitutional or 

otherwise invalid, such finding shall not affect the remaining provisions or applications 

of this measure to other persons or circumstances, and to that extent the provisions of this 

measure are deemed to be severable.

VIA PERSONAL DELIVERY 

November 23, 2009 0 9 - 0 0 9 3 

SECTION 1 - FINDINGS AND DECLARATIONS OF PURPOSE. 

The People of the State of California find and declare that: 

0 9-0093 

(a) Since the people overwhelmingly approved Proposition 13 in 1978, the 

Constitution of the State of California has required that increases in state taxes be adopted 

by not less than two-thirds of the members elected to each house of the Legislature. 

(b) Since the enactment of Proposition 218 in 1996, the Constitution of the State of 

California has required that increases in local taxes be approved by the voters. 

(c) Despite these limitations, California taxes have continued to escalate. Rates for 

state personal income taxes, state and local sales and use taxes, and a myriad of state and 

local business taxes are at all-time highs. Californians are taxed at one of the highest levels 

of any state in the nation. 

(d) Recently, the Legislature added another $12 billion in new taxes to be paid by 

drivers, shoppers, and anyone who earns an income. 

(e) This escalation in taxation does not account for the recent phenomenon 

whereby the Legislature and local governments have disguised new taxes as "fees" in order 

to extract even more revenue from California taxpayers without having to abide by these 

constitutional voting requirements. Fees couched as "regulatory" but which exceed the 

reasonable costs of actual regulation or are simply imposed to raise revenue for a new 

program and are not part of any licensing or permitting program are actually taxes and 

should be subject to the limitations applicable to the imposition of taxes. 

(f) In order to ensure the effectiveness of these constitutional limitations, this 

measure also defines a "tax" for state and local purposes so that neither the Legislature nor 

local governments can circumvent these restrictions on increasing taxes by simply defining 

new or expanded taxes as "fees." 

SECTION 2 - SECTION 3 OF ARTICLE XIII A OF THE CALIFORNIA CONSTITUTION IS 

AMENDED TO READ: 

SEC. 3. (a) from and after the effective datc-ef-tkis-articla, any changes•w-sferte 

fca-xes enacted for the purpose-ef incrcasing-pevemies coUoetod-pursuant thereto-/!ny 

change in state statute which results in any taxpayer paying a higher tax whether by 

wcreasod rates or changes-m-methods 'Q^-eefflpti-Ea-fei-e-n-must be imposed by an Act passed 

by not less than two-thirds of all members elected to each of the two houses of the 

Legislature, except that no new ad valorem taxes on real property, or sales or transaction 

taxes on the sales of real property may be imposed. 

Page | 1

(b) As used in this section, "tax" means any levy, charge, or exaction of any kind 

imposed by the State, except the following: 

(1) A charge imposed for a specific benefit conferred or privilege granted directly 

to the payor that is not provided to those not charged, and which does not exceed the 

reasonable costs to the State of conferring the benefit or granting the privilege to the payor. 

(2) A charge imposed for a specific government service or product provided 

directly to the payor that is not provided to those not charged, and which does not exceed the 

reasonable costs to the State of providing the service or product to the payor. 

(3) A charge imposed for the reasonable regulatory costs to the State incident to 

issuing licenses and permits, performing investigations, inspections, and audits, enforcing 

agricultural marketing orders, and the administrative enforcement and adjudication thereof. 

(4) A charge imposed for entrance to or use of state property, or the purchase, 

rental, or lease of state property, except charges governed by Section 15 of Article XL 

(5) A fine, penalty, or other monetary charge imposed by the judicial branch of 

government or the State, as a result of a violation of law. 

(c) Any tax adopted after January 1, 2010, but prior to the effective date of this Act, 

that was notadopted in compliance with the requirements of this section is void 12 months 

after the effective date of this Act unless the tax is reenacted by the Legislature and signed 

into law by the Governor in compliance with the requirements of this section. 

(d) The State bears the burden of proving by a preponderance of the evidence that a 

levy, charge, or other exaction is not a tax, that the amount is no more than necessary to cover 

the reasonable costs of the governmental activity, and that the manner in which those costs 

are allocated to a payor bear a fair or reasonable relationship to the payor's burdens on, or 

benefits received from, the governmental activity. 

SECTION 3 - SECTION 1 OF ARTICLE XIII C OF THE CALIFORNIA CONSTITUTION IS 

AMENDED TO READ: 

SECTION 1. Definitions. As used in this article: 

(a) "General tax" means any tax imposed for general governmental purposes. 

(b) "Local government" means any county, city, city and county, including a charter 

city or county, any special district, or any other local or regional governmental entity. 

(c) "Special district" means an agency of the State, formed pursuant to general law 

or a special act, for the local performance of governmental or proprietary functions with 

Page | 2

limited geographic boundaries including, but not limited to, school districts and 

redevelopment agencies. 

(d) "Special tax" means any tax imposed for specific purposes, including a tax 

imposed for specific purposes, which is placed into a general fund. 

(e) As used in this article, "tax" means any levy, charge, or exaction of any kind 

imposed by a local government, except the following: 

(1) A charge imposed for a specific benefit conferred or privilege granted directly 

to the payor that is not provided to those not charged, and which does not exceed the 

reasonable costs to the local government of conferring the benefit or granting the privilege. 

(2) A charge imposed for a specific government service or product provided 

directly to the payor that is not provided to those not charged, and which does not exceed the 

reasonable costs to the local government of providing the service or product. 

(3) A charge imposed for the reasonable regulatory costs to a local government for 

issuing licenses and permits, performing investigations, inspections, and audits, enforcing 

agricultural marketing orders, and the administrative enforcement and adjudication thereof. 

(4) A charge imposed for entrance to or use of local government property, or the 

purchase, rental, or lease of local government property. 

(5) A fine, penalty, or other monetary charge imposed by the judicial branch of 

government or a local government, as a result of a violation of law. 

(6) A charge imposed as a condition of property development. 

(7) Assessments and property-related fees imposed in accordance with the 

provisions of Article XIII D. 

The local government bears the burden of proving by a preponderance of the evidence 

that a levy, charge, or other exaction is not a tax, that the amount is no more than necessary 

to cover the reasonable costs of the governmental activity, and that the manner in which 

those costs are allocated to a payor bear a fair or reasonable relationship to the payor's 

burdens on, or benefits received from, the governmental activity. 

SECTION 4 - CONFLICTING MEASURES. 

in the event that this measure and another measure or measures relating to the 

legislative or local votes required to enact taxes or fees shall appear on the same statewide 

election ballot, the provisions of the other measure or measures shall be deemed to be in 

conflict with this measure. In the event that this measure shall receive a greater number of 

affirmative votes, the provisions of this measure shall prevail in their entirety, and the 

Page j 3

provisions of the other measure or measures relating to the legislative or local votes 

required to enact taxes or fees shall be null and void. 

SECTION 5 - SEVERABILITY. 

if any provision of this Act, or any part thereof, is for any reason h^eld to be invalid or 

unconstitutional, the remaining provisions shall not be affected, but shall remain in full 

force and effect, and to this end the provisions of this Act are severable. 

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Notice of Time Change - East Bay Municipal Utility District

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