Paying for Pollution: Proposition 26 and Its Potential Impacts on State Environmental and Public Health Protections in California

UCLA Emmett Center on Climate Change and the Environment, October 26, 2010

UCLA School of Law Research Paper No. 12-16

11 Pages Posted: 25 Jun 2012

See all articles by Cara Horowitz

Cara Horowitz

Emmett Center on Climate Change and the Environment at UCLA School of Law

Sean B. Hecht

University of California, Los Angeles (UCLA) - School of Law

Michael Rhead Enion

California Air Resources Board

Date Written: 2010

Abstract

This report considers the potential effect of Proposition 26, which appears on the November 2, 2010 California ballot, on the state’s environmental and public health protections. With very little time remaining before the election, controversy rages over whether the passage of Proposition 26 would make it harder for the state to fund environmental protection programs and other public benefit programs.1
Proposition 26 proposes to expand the definition of a “tax” under California law. As a result of this expansion, some fees and other charges imposed by the state or by cities or counties could no longer be enacted by a simple majority vote of the Legislature. Instead, a 2/3 supermajority vote would be required — the same vote now required to pass a budget or a new tax.
We have taken a careful look at the measure’s language and its impacts on environmental and public health programs in California, and have concluded that Proposition 26 would erect significant barriers to funding many of these programs in the future. This could have substantial and wide-ranging impacts on implementation of the state’s health, safety and environmental laws.

Keywords: California, Proposition 26, taxes, regulatory fees

Suggested Citation

Horowitz, Cara and Hecht, Sean B. and Enion, Michael Rhead, Paying for Pollution: Proposition 26 and Its Potential Impacts on State Environmental and Public Health Protections in California (2010). UCLA Emmett Center on Climate Change and the Environment, October 26, 2010, UCLA School of Law Research Paper No. 12-16, Available at SSRN: https://ssrn.com/abstract=2091596

Cara Horowitz (Contact Author)

Emmett Center on Climate Change and the Environment at UCLA School of Law ( email )

385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States

Sean B. Hecht

University of California, Los Angeles (UCLA) - School of Law ( email )

385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States

Michael Rhead Enion

California Air Resources Board ( email )

1001 I Street
Sacramento, CA 95814
United States
919-322-2467 (Phone)

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