Proposition 23 (2010)

Proposition 23 (2010)
Name	Proposition 23 (2010)
Country	United States
State	California
Type	ballot proposition
Date	November 2, 2010
Result	Defeated

Proposition 23 (2010) was a California state ballot measure on the November 2, 2010 general election that proposed suspending the Global Warming Solutions Act of 2006 until statewide unemployment fell to a specified level. The measure drew intense political attention from figures such as Arnold Schwarzenegger, Gavin Newsom, Jerry Brown, and advocacy groups such as the American Legislative Exchange Council, California Air Resources Board, and industry organizations. The campaign surrounding the measure involved major donors including Valero Energy, Tesoro Corporation, Philip Anschutz, and drew responses from environmental groups such as the Natural Resources Defense Council, Sierra Club, and California League of Conservation Voters.

Background

The proposition arose in the context of California's passage of the Global Warming Solutions Act of 2006 (often called AB 32), enacted under Arnold Schwarzenegger's administration and administered by the California Air Resources Board. AB 32 established greenhouse gas reduction targets tied to the Kyoto Protocol discussions and the broader international policy framework that involved actors like United Nations Framework Convention on Climate Change, Al Gore, and European Union. Economic conditions following the Great Recession and debates over cap and trade policy, California Energy Commission rulemaking, and regulatory authority motivated sponsors to attach a referendum-style pause tied to metrics used by the California Employment Development Department and Bureau of Labor Statistics.

Proposal and Text

The text proposed an immediate suspension of key provisions of AB 32 until California's statewide unemployment rate dropped to 5.5 percent or lower for four consecutive quarters, as measured by the California Employment Development Department. It specified halting regulations related to cap-and-trade implementation, emissions reporting, and enforcement actions by the California Air Resources Board. The initiative referenced statutes and regulatory processes overseen by entities such as the Legislative Analyst's Office, State Assembly, and State Senate and sought to change implementation timelines relevant to economic sectors represented by California Manufacturers & Technology Association, California Chamber of Commerce, and Teamsters.

Campaign and Voting

The campaign featured high-profile advertisements, endorsements, and advertisements involving personalities like Mitt Romney, Sarah Palin, Nancy Pelosi, and Dianne Feinstein, reflecting national interest. Major expenditures by corporations including Valero Energy, Tesoro Corporation, and Philip Anschutz funded television buys, mailers, and grassroots outreach coordinated with trade associations such as the Western States Petroleum Association and National Federation of Independent Business. Opposition funding and mobilization came from environmental and labor coalitions including the Sierra Club, Natural Resources Defense Council, AFL-CIO, and political committees aligned with Jerry Brown and Gavin Newsom. On election day voters rejected the measure; reported returns showed defeat consistent with polling from organizations like the Field Poll and analyses by the Public Policy Institute of California.

Supporters and Opponents

Supporters included oil refiners, chemical producers, and business groups such as Valero Energy, Tesoro Corporation, Western States Petroleum Association, California Chamber of Commerce, and backers linked to Philip Anschutz. Political endorsements came from some members of the Republican Party and commentators associated with outlets such as Fox News. Opponents comprised environmental organizations and labor unions including the Sierra Club, Natural Resources Defense Council, California League of Conservation Voters, AFL-CIO, and United Auto Workers. Public officials opposing the measure included Jerry Brown, Gavin Newsom, and regulatory leaders from the California Air Resources Board and the California Environmental Protection Agency.

Legal and Economic Impact

Had it passed, the measure would have altered implementation of AB 32 rules that affected sectors overseen by the California Public Utilities Commission, California Energy Commission, and California Air Resources Board, with implications for cap-and-trade markets, carbon allowance allocations, and compliance mechanisms involving firms like Pacific Gas and Electric Company and Southern California Edison. Legal analysis by entities such as the Legislative Analyst's Office and academic commentators at institutions like Stanford University and the University of California, Berkeley highlighted potential litigation concerning statutory interpretation, preemption, and administrative law before state courts and possibly federal venues like the United States Court of Appeals for the Ninth Circuit. Economists affiliated with think tanks such as the Brookings Institution and Resources for the Future debated short-term employment effects and long-term market signals affecting investment by companies such as Chevron Corporation, ExxonMobil, and renewable energy firms like SolarCity.

Aftermath and Related Legislation

Following the defeat, AB 32 proceeded toward later regulatory milestones including the launch of California's cap-and-trade program and linkage discussions with the Province of Quebec and Regional Greenhouse Gas Initiative-type arrangements. Subsequent administrations under Jerry Brown advanced climate policies culminating in legislative actions and executive orders tied to later initiatives and state statutes. The political dynamics surrounding the measure influenced campaign finance debates in California, prompting scrutiny from groups like the Fair Political Practices Commission and fostering further ballot measures related to environmental law and energy policy in cycles that included involvement by organizations such as the League of Women Voters and climate policy researchers at Harvard Kennedy School.

Category:California ballot propositions Category:2010 California elections