I don’t live in California and do not have a dog in their global warming fight, however I do have a problem when a state government believes they can regulate free speech. Below I have linked the CARB website notice for a public workshop and the proposed regulation on “False Statements”.
I have also included below a few TV commercials that were used against Prop 23 as well as Gov Schwarzenegger’s Climate Action Video. Will this be the reverse California Gold Rush 160 years later? Watch and listen carefully for any “False Statements:
Subject: Air Resources Board Workshop to Discuss Proposed Regulation Relating to False Statements Made to ARB or its Staff
ARB staff invites you to participate in a workshop on December 1, 2010 to discuss a proposed regulation which would prohibit dishonest statements or submittals offered to the Board or to its staff.
The workshop will provide the public with a chance to discuss the proposed regulation and to provide initial comment and feedback.
We welcome your participation in this event.
For further information, please view the web page at http://www.arb.ca.gov/html/falsestatements/falsestatements.htm which contains regularly updated information.
Public Workshop to Discuss Proposed Regulation Prohibiting False Statements
ARB staff invites you to participate in a workshop to discuss a proposed regulation relating to false statements made to ARB or its staff. The workshop will provide the public with a chance to discuss the proposed regulation with staff and to provide initial comment and feedback. We welcome your participation in this event. For further information, please contact Will Brieger at (916) 324-0703.
Background on the Proposed Regulation
ARB wants to improve the quality of information it receives, and enhance the integrity of debate and analysis as new measures are developed and implemented. ARB is considering a regulation similar to regulations used by federal agencies and the California Public Utilities Commission to ensure honest discussion and reports. The contemplated regulation would forbid dishonest statements offered to the Board or to its staff. Such a regulation would be especially beneficial because the Board’s rulemaking and rule implementation relies on accurate technical, scientific, and economic data submitted to the Board. Likewise, a growing number of the Board’s programs require regulated parties to self-report certain information.
ARB is interested in ideas that will promote the integrity of information provided to the Board, so that, among other goals, our programs can best reduce emissions and protect public health.
Date and Location
Date: Wednesday, December 1, 2010 Time: 9:30 a.m. – 12:00 p.m. Location: Cal/EPA Headquarters Building
Conference Room 550
1001 I Street
Sacramento, CA 95814
Directions to Cal/EPA Headquarters
For further information, please telephone please telephone Will Brieger at (916) 324-0703 or email email@example.com. To join our electronic mailing list to receive notices relating to the False Statements Regulation Development, please go to Join Email List.
Text of Proposed Regulation
Proposed 17 CCR §95020
Prohibition on false statements
(a) In any matter within the jurisdiction of the Board, no person may knowingly and willfully do any of the following when transacting any business with or communicating in any manner with the Board or the Board’s staff:
(1) falsify, conceal, or cover up by any trick, scheme, or device a material fact;
(2) make any materially false, fictitious, or fraudulent statement or representation;
(3) make or use any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; or
(4) omit material facts from a communication with an intent to mislead.
(b) “Writing” means handwriting, typewriting, printing, Photostatting, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.
(c) “Communicating, communication” includes speaking, writing or submitting any
information to the Board or the Board’s staff.
(d) A fact is “material” if it is necessary to make the communication, in light of the circumstances under which it was made, not misleading.
(e) Each communication forbidden by this section constitutes a separate violation of
(f) This section and any penalty resulting from its violation are in addition to all other laws of this state.
(g) This section shall not be the basis for any private right of action.
Anthony Watts from the “Watts Up With That” website exposed other “False Statements” from the American Lung Association:
But what is the worst, is the fact the the anti prop 23 crowd has abandoned all pretense of it being about science related to global warming. Instead, they are focusing on making the issues about pollution and what they call “dirty energy”. Then, they tug at emotional heartstrings.
For example, have a look at this ad where the American Lung Association prostitutes itself for the anti prop 23 campaign. This ad has been getting constant airplay:
The kid with the inhaler is a nice touch, don’t you think? There’s no science here, AB32 it’s about limiting CO2 and other GHG’s, not particulates! Kids don’t need inhalers for 390 ppm of CO2!
And I used to think the Lung Association was a straight shooter. With this ad, they’ve reached a slimy low. They are off my list of charities now. They should be off everyone’s.
Last Thursday, the California Air Resources Board (CARB) published details on the proposed greenhouse gas trading program to be implemented under state law AB 32. AB 32, as our blog readers know, is under threat from Proposition 23 – which would forestall (perhaps indefinitely) meaningful action to reduce greenhouse gases in California. The analyses done by CARB in association with the development of the proposed program bolster the case for rejecting Prop 23.
These CARB analyses show that the trading program under AB 32 will “shift investment and growth within the overall economy toward those sectors driven by the production of cleaner and more-efficient technologies.” The importance of this targeted growth should not be understated – by moving toward energy technologies that are both home-grown and energy efficient, we reduce our economic exposure to the price volatility of global energy markets. Since the world is using more and more of what are ultimately finite quantities of fossil energy, protecting ourselves by transitioning the economy toward energy systems that are not subject to global supply and demand imbalances is important to protecting our future economic growth.
While transitioning to new and different systems for energy production and use will necessarily result in some temporary economic dislocation, the market mechanisms included in CARB’s regulatory program minimize these impacts. Taken directly from the CARB economic analysis appendix: “Overall, staff finds no significant adverse impacts on California business or consumers as a whole as a result of the proposed regulation.”
With climate change legislation stalled on Capitol Hill in Washington, D.C., for the foreseeable future, maintaining the critical environmental legislation of AB 32 is extremely important for advancing the nation’s climate policy. Even absent action by other states, California is the world’s 8th largest economy and a significant contributor to global greenhouse gas emissions. Action taken through policy in California is a huge step forward in addressing the global climate crisis.
Much of the rest of the world is waiting for the United States to take a leadership role on the issue of global climate change. With political gridlock in D.C., the best chance for the nation to make significant progress on this issue starts in California. AB 32 is the start of California’s transition to a 21st century economy of clean, green, homegrown energy – and represents an opportunity for the state, and the nation, to retake a leadership position in what will be some of the most important industries of the coming decades.