CAPITOL JOURNAL : Critics Say Governor Is Ramrodding EPA Proposal

No one in state government likes to feel left out, especially members of the Legislature and important state commissions.

Gov. Pete Wilson, however, has managed to generate just that sort of feeling among some legislators and members of the Little Hoover Commission with his plan to create a California Environmental Protection Agency.

Wilson, carrying out a campaign pledge to create the new agency, is relying on a little-used procedure for governmental reorganization that provides no opportunity for lawmakers or anyone else to make any significant changes in the plan--short of rejecting it outright.

Dissatisfaction with the governor’s approach became apparent Wednesday at a hearing of the commission, a government watchdog panel that under the law must review the plan and make recommendations.

Several of its members objected to the fact that the Republican governor has already submitted the plan to the Legislature, making any recommendations from the panel largely irrelevant.

“This proposal is written in a form to really escape the influence and involvement of the Legislature,” said Assemblywoman Gwen Moore (D-Los Angeles), one of four legislators who sits on the commission. “I’m not aware of an urgency which requires (the governor) to take this approach.”

In a rare display of bipartisan unity, Assemblyman Phillip Wyman (R-Tehachapi) found himself in agreement with Moore.

“I supported the new governor. I helped get him elected,” Wyman said. “But I recognize there is an institutional wisdom in the Legislature. . . . Basically, the way you (the Wilson Administration) submitted the plan precluded (the commission’s) recommendations from being incorporated.”

Under Wilson’s proposal, the California Environmental Protection Agency would incorporate a variety of functions now handled by three different agencies, including the regulation of pesticides and the scientific assessment of health risks. The new agency also would oversee boards such as the Air Resources Board and the Water Resources Control Board.

By using the governmental reorganization process rather than a bill, Wilson can create precisely the agency he wants without having to bargain with lawmakers over changes to his plan. Under this procedure, the Legislature has until July 16 to reject the governor’s proposal. Otherwise, it will take effect as presented by the governor.

Jim Strock, who was appointed by Wilson to shepherd the plan through the Legislature and head the new agency, attempted to assuage the feelings of commission members and the Legislature at Wednesday’s hearing.

The governor, Strock told the commission, would be agreeable to signing legislation that enacts needed changes in his plan. Such a bill could come at the same time that the Legislature approves the state EPA or at a later date, he said.

“There clearly can be adjustments done later, through legislation or administratively,” Strock said during a break in the hearing. “There are ways adjustments can be done but in the meantime you don’t want to hold things up unnecessarily.”

In some cases, criticism of the governor’s approach comes from particular groups that want to change the agency’s design to advance their interests.

For example, former Republican Sen. William Campbell, now president of the California Manufacturers Assn., suggested to the commission that the plan be modified to reduce the power of the South Coast Quality Air Management District over businesses in the Los Angeles region.

Wyman and fellow Assemblyman Rusty Areias (D-Los Banos), both of whom represent districts with major farming interests, argued that pesticide regulation should be left with the state Department of Food and Agriculture, not placed in the new environmental agency. Over the years, the department has been criticized by environmentalists for serving the interests of the agriculture industry. The two rural assemblymen, however, maintained that the department has done an excellent job of regulating pesticides.

In a written statement submitted to the commission, Assemblyman Byron Sher (D-Palo Alto) joined in expressing concern over the “hasty process” of the reorganization. A champion in the Legislature of environmental causes, Sher questioned the governor’s plan to include the state’s quasi-independent health assessment experts in the new agency.

Since becoming governor in January, Wilson has tried to establish a good working relationship with the Legislature. The criticism from farm interests, industry and environmentalists demonstrates that the governor will have his work cut out for him in winning legislative approval for his new agency.

“At some point, people have to make decisions,” Strock said. “The governor is putting his best effort out there on the table. I think it’s a very strong effort and it’s time to move on with it.”