REDWOOD NEEDLESPresented by the Sierra Club Redwood Chapter Newsletter, The REDWOOD NEEDLES
Proposition 37, the "Polluter Protection Initiative" will be on the November ballot and amends the state constitution to provide that a "fee" is a "tax," which requires a two-thirds vote of the legislature to pass, under two circumstances: (1) if it exceeds the reasonable cost of regulating the activity for which the fee is charged, or (2) if it is intended to monitor, study or mitigate the societal or economic effects of an activity and it imposes no significant regulatory obligation on the fee payor's activity other than the payment of the fee. The effect of the amendment is to make the two-thirds vote requirement applicable to "taxes" imposed on polluters to study or mitigate the effects of their pollution.