BROWN BACK IN HEAT OF BATTLE GLOBAL WARMING IN BUDGET DEBATE.

Byline: STEVE GEISSINGER

Sacramento Bureau

SACRAMENTO -- Jerry Brown, forever the political enigma, is once again in the spotlight -- this time at the center of a strange battle over global warming and the state's stalled budget.

It may seem odd that Brown, who as attorney general doesn't have any say in budget deliberations, has become the Senate Republicans' public enemy No. 1 in the budget showdown.

But, then, this is Jerry Brown.

"Brown has a unique talent for turning every job into an attention magnet," said Jack Pitney, a political science professor at Claremont McKenna College.

"Decades ago, before he was governor, he turned the obscure post of secretary of state into a major player in campaign finance reform. It's not surprising he's joining the battle on global warming."

And perhaps it's not surprising that Republicans have turned the former governor, secretary of state, presidential candidate and Oakland mayor into a political target.

The latest Brown vs. GOP dust-up started with an obscure lawsuit Brown filed earlier this year in San Bernardino County -- essentially legally pressuring counties to take into account the effects of global warming when they consider development plans.

Brown is arguing that to follow the spirit of the law -- in this case AB 32, the landmark greenhouse gas emission law passed last year -- the effects of global warming should be part of what's required by the California Environmental Quality Act.

The act requires studies to determine the impact a proposed development has on the environment.

But Republicans consider that an extra burden tacked onto environmental legislation that they already deem onerous and anti-business.

They also are concerned it will stall voter-approved infrastructure improvements.

Still, Republicans don't have enough votes to pass legislation that would do anything about it.

Instead, they do have some power over the budget, which requires a two-thirds majority, and thus at least two Republican votes in the Senate to pass.

And that's how these two seemingly disparate issues have become linked. The 14 Republican senators who are blocking passage of the budget are demanding Brown and others not be allowed to add global warming as an issue covered under the act.

No deal on that? No budget, they say.

Democrats counter that they believe the Republicans essentially want the environmental quality act suspended for some undetermined time frame.

"It is an outrage," Brown said, "that a small group of Republican senators would gut California's Environmental Quality Act as the price of their voting on this year's budget."

Senate Republican leader Dick Ackerman of Tustin argues it's Brown's actions that are outrageous.

"If the attorney general's efforts are successful," Ackerman said, "millions of taxpayer dollars intended for roads, schools, parks and clean-water projects will instead be spent on studies, consultants, reports and litigation."

The mess has reached the point that Republican Gov. Arnold Schwarzenegger is reportedly in negotiations with lawmakers and Brown to try to resolve the matter.

So far, no one appears to be budging.

"This puts Schwarzenegger in a difficult position," said Melissa Michelson, a political science professor at California State University, East Bay.

"Backing other Republicans in their opposition to the lawsuits will further injure his already shaky 'green' credentials."

Business groups said Brown has challenged projects outside San Bernardino on the basis that applicants haven't adequately explained how they will deal with greenhouse gas emissions.

"Californians want to reduce greenhouse gas emissions," said Dorothy Rothrock of the California Manufacturers and Technology Association, "but they also recognize the critical need to repair our state's aging public infrastructure and create jobs."

Environmental groups, however, applaud Brown's intent and decry what they consider Republican shenanigans.

"Republican senators are holding up the entire state budget," said Gary Patton of the Planning and Conservation League, "in the hopes of amending current law to excuse global warming polluters from dealing with current global warming pollution."

Senate leader Don Perata, D-Oakland, believes the whole argument ultimately will be moot because AB 32 -- once it's clarified -- will require developers to study and mitigate the impacts of global warming.

If nothing else, however, some say it has shown that Brown -- once dubbed "Governor Moonbeam" by his detractors -- intends to approach his job as attorney general in much the same way he was approached public service.

"Brown has often seemed to enjoy pushing the boundaries of his political offices," Michelsen said. "He was an over-the-top governor and demanded significant expansion of mayoral power when leading Oakland.

"So it's not that surprising that he's using environmental laws to boost his power as attorney general."

sgeissinger(at)angnewspapers.com

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