Monterey County’s Measure Z was approved by voters but killed by the courts. State law could change that.

The November 2016 election showed how David can defeat Goliath. Measure Z, an initiative in Monterey County that banned fracking and the drilling of new oil wells and phased out wastewater disposal, passed with a whopping 56 percent of the vote.

A local organization, Protect Monterey County, with volunteers across the county, managed to reach the voters about the dangers of oil production in one of the biggest oil-producing counties in California. Big Oil spent millions of dollars to convince voters otherwise, but they failed to dissuade voters from passing these common-sense protections for our health and environment.

Unfortunately, our victory for people’s health and our climate was short-lived. A coalition of oil and gas companies led by Chevron promptly challenged Measure Z in court, leading its major provisions to be overturned.

Protect Monterey County continued to appeal the court decisions up to the California State Supreme Court in 2023. The Supreme Court sided with the lower courts and, in 2023, ruled that parts of Measure Z were preempted by state law.

The decision focused in particular on an antiquated provision of the California Public Resources Code which grants the California Department of Conservation’s Geologic Energy Management Division (known as CalGEM) the broad authority to regulate oil and gas production methods, regardless of what local voters say.

Communities like Monterey County, San Benito County and Los Angeles have taken steps to limit oil and gas operations. These local jurisdictions all faced fierce oil company opposition. The oil industry has since weaponized the Supreme Court decision to attack other legal local ordinances that limit drilling, even drilling in the middle of neighborhoods near residents’ homes.

Assemblymember Dawn Addis, D-Morro Bay, represents part of Monterey County. This legislative session, she introduced Assembly Bill 3233, which would affirm the right of communities to make decisions about oil and gas operations that pose grave threats to public health, wildlife and the climate. AB 3233 passed in the California Assembly on May 22, by a vote of 43-14.

In spite of heavy opposition by the oil industry, communities across the state urged their Assemblymembers to approve the bill. AB 3233 clarifies that cities and counties may ban, limit or regulate oil and gas projects, including production methods.

As a medical doctor concerned with the effects of air pollution on people’s health, I was proud to support and defend Measure Z and I’m proud to support AB 3233 today so that local initiatives like Measure Z have a chance in the future.

Assembly Bill 3233 now heads to the California State Senate. I urge everyone to contact state senators John Laird and Anna Caballero to ask for their yes votes on AB 3233.

Our health and well-being depend on it.

DR. LAURA SOLORIO is a physician and president of Protect Monterey County.