Children Win Health Protections Under New Air Regulations

Children in California can breathe easier now that Governor Gray Davis has signed into law important health protections under Senate Bill 25 (Escutia, D-Montebello). It requires the California Air Resources Board to review, and if necessary, revise the state's air quality and air toxic standards to ensure they protect infants and children.

The law was cosponsored by the American Lung Association of California, Sierra Club California and the California League of Conservation Voters and will also establish an expanded air pollution-monitoring program to gather data on children's air pollution exposure.

"Senate Bill 25 represents sound science and protects one of the most vulnerable members of society—children," said State Senator Martha Escutia.

Children are more adversely affected by air pollution than adults. They breathe faster than adults, resulting in greater doses of air pollution into their lungs. Children also spend more time outdoors, especially in the summertime when ground-level ozone is highest.

While the law sounds simple enough, the American Lung Association of California and its allies had to fight long and hard to win the health protection for children. It was first introduced by Escutia in 1997, while she was serving in the Assembly, under Assembly Bill 278.

That bill was vetoed by former Governor Pete Wilson after a massive campaign by industry, oil companies, and the state's largest manufacturers.

This year the political climate had changed enough to allow passage in the state Legislature and obtain the signature of Governor Davis.

Learn more about outdoor air quality issues.

Back to top

Campaign to Fund Statewide Asthma Program Heats Up

At the close of the 1999 legislative session, Senator Byron Sher agreed to a request by Governor Davis not to continue moving Senate Bill 1111 through the legislative process, so that the governor could address asthma in the 2000/2001 state budget. However, after meeting with the Administration, Senator Sher and the American Lung Association believe that the Governor's proposal will not provide the necessary resources for a statewide comprehensive asthma program.

There are few details, but it is clear that the Administration's proposal falls short of the comprehensive program outlined in SB 1111 and will not effectively address the growing asthma crisis in California as asthma rates continue to climb and more die from this lung disease.

The American Lung Association and Senator Sher will continue to push SB 1111 until the Legislature and Governor establish a truly comprehensive asthma program. People with asthma and others can't wait another year for the state to address this growing public health crisis.

Learn more about asthma.

Back to top

Governor Signs Important Healthcare Reforms

People with lung disease and others who require medical care gained some important protections when Governor Gray Davis signed into law 23 healthcare reform bills. The American Lung Association of California and the California Thoracic Society, longtime advocates for patients' rights, supported several reforms that put the decision-making process back into the hands of patients and their physicians.

"These reforms are an important step toward ensuring that people with lung disease have access to quality healthcare," said Tony Najera, vice president of Government Relations for the American Lung Association of California.

Some significant reform highlights include:

• Sets deadlines for health maintenance organizations (HMOs) to respond to treatment requests by physicians when patients are referred to a specialist.
• Offers patients the right to challenge healthcare decisions made by HMOs through an outside, independent review process.
• Requires all HMOs to cover a second opinion when requested.
• Improves the nurse-to-patient ratio in hospitals, including nurse specialties.
• Creates a separate state agency to license and regulate HMOs, and establishes a new Office of the Patient Advocate.
• Allows patients to sue their HMOs for the delay or denial of medically necessary treatment.
• Requires all HMO healthcare decisions to be made by a California-licensed physician.

Back to top

Governor Vetoes Bill to Earmark Tobacco Funds for Healthcare

Governor Gray Davis vetoed a bill that would have earmarked tobacco settlement monies for healthcare and tobacco control, much to the disappointment of the American Lung Association and other health groups.

California's lawsuit against tobacco companies was intended to make the tobacco industry accountable for the illness and death caused by its product. It was supposed to recover the state's medical costs for treating sick smokers.

When California signed the tobacco settlement agreement, it forever surrendered its authority to sue cigarette makers, so the public should benefit from granting that immunity. Instead, the Governor's decision will continue to place the burden on taxpayers.

The settlement will provide the state with $1 billion per year for the next 25 years, with monies being split evenly between state and local governments. The American Lung Association of California's recommendation calls for a minimum of 15 percent to be spent on tobacco control and a maximum of 85 percent spent on healthcare.

Learn more about tobacco issues.

Back to top

Governor Vetoes $32 Million Slated for Tobacco Control

The state budget provides $89.7 million for the Health Education Account and $38.6 million to the Research Account, in accordance with the funding percentages contained in Prop. 99. Unfortunately, Governor Davis vetoed a $32.5 million legislative augmentation for the Health Education Account from a restricted reserve fund that was established when the American Lung Association and others filed suit in 1995 to prevent the diversion of Proposition 99 funds.

Although the plaintiffs have attempted to settle the suit, the administration will not allow these funds to be expended until an unrelated lawsuit by "Just Say No to Tobacco Dough" is dropped or settled. The Sacramento Superior Court recently dismissed the case, however, the administration still insists it won't allocate the $32.5 million. The two lawsuits are not legally connected, but apparently are politically connected. Ironically, the Governor did permit the Legislature's $7 million augmentation for the Research Account to stand.

On a brighter side, the budget carried language to allow the Health Education Account programs to carry over funding from one fiscal year to the next.

Learn more about tobacco issues.

Back to top

Zero-Emission Vehicle Project Focuses on Need for Clean Cars

Imagine being able to drive a car without worrying about polluting the air we breathe.

Thanks to a two-year grant from the W. Alton Jones Foundation, the American Lung Association of California is launching its Zero-Emission Vehicle (ZEV) Air Quality Project to protect current ZEV mandates and make zero-emission vehicles a growing transportation option here in California. The American Lung Association is the only public health organization actively addressing the issue of zero-emission vehicles and brings scientific and medical-based credibility to the issue.

ZEVs continue to be the best hope for reducing vehicle emissions. Car companies already make electric vehicles and hybrid and fuel cell cars are just around the corner.

The lung association will work with its allies in the environmental community and others to ensure that the California Air Resources Board maintains a strong ZEV mandate and continues to push for cleaner transportation technologies so that future generations can breathe clean, healthy air.

Learn more about outdoor air quality issues.

Back to top

Association Launches Project to Educate Key Opinion Leaders

The American Lung Association of California launched a statewide project recently to educate key opinion leaders about the impact tobacco control policies have on reducing tobacco use. The project is funded by a Proposition 99 grant.

The statewide project will be conducted at the grassroots level with local American Lung Associations working with opinion leaders in their communities.

The American Lung Association of California is convening resource teams across the state, which will bring together people who are working on other Prop. 99-funded projects, youth, members of ethnic networks, business leaders, public officials, and others who have participated in successful tobacco control programs and policies.

More information about the program.

Learn more about tobacco issues.

Back to top

Advocacy Notes from the Field

San Francisco and San Mateo Counties provided education and technical assistance in support of legislation to expand San Francisco's procurement of zero-emission vehicles. The Board of Supervisors adopted the ordinance, which calls for the city to develop alternative fuel and electric charging infrastructure and requires the purchase of low- and zero-emission vehicles.

The California Thoracic Society has submitted curriculum recommendations to the state Department of Social Services for implementing Senate Bill 1663, which allows staff at child day care centers to administer nebulizer treatments to children with asthma. The curriculum will be used to train daycare staff in the proper use of nebulizers.

Central Coast employed several strategies in advocating for Senate Bill 1111. Activities included generating letters to Open Airways For Schools facilitators, hospital respiratory care departments, and the Monterey County Herald editor in support of the statewide asthma program.

San Diego and Imperial Counties, as a member of the Toxics Working Group, is helping to oversee a temporary toxic air monitoring station in Barrio Logan, a community with high rates of respiratory symptoms and higher levels of air toxics.

Superior Branch helped pass an ordinance in the town of Paradise to ban self-service of tobacco products in retail outlets. Volunteers and staff are also continuing their work in Paradise to pass tobacco advertising restrictions.

Sacramento-Emigrant Trails will be working with the Air Resources Board to sponsor a rice straw summit to continue exploring alternatives to burning rice straw in the Sacramento Valley. The summit will highlight the commercial uses of rice straw.

East Bay sent letters and resolutions to mayors in east San Francisco Bay cities requesting adoption of the SB 1111 resolution. To date, four cities have passed the resolution, including San Leandro, Rio Vista, Livermore and San Ramon. Also, 20 letters from children at asthma camps were sent to Governor Davis in support of SB 1111.

Back to top