Ballot measures and the balance of power

From: POLITICO California Playbook - Wednesday Dec 14,2022 02:17 pm

Dec 14, 2022

By Jeremy B. White , Lara Korte , Sakura Cannestra and Owen Tucker-Smith

Presented by Solar Rights Alliance

THE BUZZ: A contentious labor law was on a San Francisco appeals court’s docket yesterday — but the case has deeper implications for the balance of political power.

California’s century-plus experiment with direct democracy has long been criticized for muddling its laudable goal of citizen empowerment. Detractors decry ballot initiatives as tools of special interests that spend heavily to circumvent or override the Legislature. We heard that critique anew as the fast food industry rushed to qualify a ballot measure that would overturn a law aimed at improving conditions for restaurant workers and oil companies did the same to block legislation that required oil wells to be set back from schools and homes.

It was also a common lament about 2020’s Proposition 22. Companies such as Uber and DoorDash faced a threat to their business model after the state passed a law that would have required them to classify drivers and delivery-people as employees. So the companies spent $200 million to sidestep AB 5 and keep treating workers as independent contractors.

That carveout is now caught up in a court fight that hinges on fundamental questions of who gets to make what policies. Organized labor dealt their foes in Silicon Valley a significant setback last year when a judge declared Prop 22 unconstitutional. The crux of the ruling: The initiative seizes too much authority from elected lawmakers by requiring an unprecedented 7/8th vote margin for the Legislature to pass laws letting gig workers organize.

A three-judge panel pressed attorneys on where the peoples’ power bumps up against the power of the Legislature. An attorney for the labor-backed coalition challenging the law warned “the app companies overreached” by “taking away the Legislature’s ability to legislate” with an “essentially impossible” bar to change. A California Department of Justice attorney argued that the lawsuit threatened “unprecedented limitations” on the initiative process (on the same day AG Rob Bonta, who voted for AB5, pushed for tougher federal classification rules). “No public policy area has ever been held categorically off limits” for citizen policymaking, Stanford constitutional law professor Jeffrey Fisher asserted.

The outcome’s repercussions could be enormous. That’s not just true for the potential to remove a “vast number of workers from the workers’ comp system” in a “de facto dismantling” of a major legislative power, as Judge Jon Streeter put it. It could also define or remove constraints on ballot initiatives. The attorney challenging Prop 22 warned more initiative proponents could be emboldened to sneak in an unrelated, popular provision — like the death penalty for unsolicited texts — to ensure passage.

“The court is certainly aware of the significance of this case,” Judge Stuart Pollak said. It looks all but inevitable this one is headed for the California Supreme Court — and the final ruling could well be cited in future court cases about the basics of California’s ballot system.

BUENOS DÍAS, good Wednesday morning. Alleged Paul Pelosi assailant David DePape is in court today for a preliminary hearing in which San Francisco DA Brooke Jenkins’ team is expected to lay out evidence against him.

QUOTE OF THE DAY: “My fear is that we’ll view Sam Bankman-Fried as just one big snake in a crypto Garden of Eden. The fact is, crypto is a garden of snakes.” Rep. Brad Sherman on the founder of crypto firm FTX, who was scheduled to testify before his arrest in a sprawling fraud case.

TWEET OF THE DAY:

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BONUS TWEET OF THE DAY:

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WHERE’S GAVIN? Nothing official announced.

A message from Solar Rights Alliance:

The California Public Utilities Commission is considering a proposal that would cut California’s most successful solar program by 75% overnight. It’s a bad idea that hurts consumers, green jobs, and California’s clean future. California needs a lot more rooftop solar, not less. Tell the CPUC to stop the attack on solar. Learn more and take action at savecaliforniasolar.org.

Top Talkers

HOTEL HOUSING — “ A year after opening 600 rooms to L.A.’s unhoused, the Cecil Hotel is still mostly empty. Here’s why ,” by the Los Angeles Times’ Jaimie Ding: “At a time when more than 40,000 people are experiencing homelessness in the city, it may seem unfathomable for 400 units to be sitting empty in a building near skid row, the epicenter of L.A.’s homelessness crisis.”

— “ These Doctors Pushed Masking, Covid Lockdowns On Twitter. Turns Out They Don’t Exist ,” by the San Francisco Standard’s Matthew Kupfer: “The two fake doctors, whose accounts urged extreme caution about Covid-19, were part of a network of at least four fake accounts that touted their ties to the LGBTQ+ community, vocally advocated for mask-wearing and social distancing, and dished out criticism to those they felt were not taking the pandemic seriously.”

LIVERMORE LEAP — U.S. touts fusion breakthrough as one of ‘most impressive scientific feats’ this century , by POLITICO’s Ben Lefebvre: U.S. scientists have scored a breakthrough in fusion technology, showing for the first time that humans can wield the technology in a controlled reaction that combines atoms to create a net increase in energy, a major breakthrough that could eventually lead to a new source of clean, inexpensive power, Energy Secretary Jennifer Granholm said Tuesday.

— “ ‘Always have a knife with you’: Women and trans students fear harassment, hate at CSU campus ,” by the Los Angeles Times’ Robert J. Lopez and Colleen Shalby: “Long-standing claims of sexual harassment and misconduct, homophobia, transphobia and racism on campus and during training cruises have roiled Cal Maritime and triggered an atmosphere of dread for many students, a Times investigation has found.”

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CAMPAIGN MODE

WELCOME TO 2024 — Oil and gas group says it has enough signatures to put a hold on California well setback law , by POLITICO’s Camille von Kaenel: An oil and gas trade group said it has collected enough signatures to ask California voters to overturn a state law prohibiting new oil and gas wells near homes and schools — which would put the ban on hold pending the outcome of the 2024 election.

— “ Two OC Senate incumbents prepare to face off in 2024 ,” by the Orange County Register’s Kaitlyn Schallhorn: “In one Orange County state Senate district, a 2024 election is already heating up. Sen. Dave Min, who was first elected to the Senate in 2020, on Tuesday launched his reelection campaign to the 37th district, a sprawling area that encompasses at least parts of Irvine, Aliso Viejo, Costa Mesa, Orange, Fullerton and Laguna Niguel.”

CALIFORNIA AND THE CAPITOL CORRIDOR

LA COUNCIL: After a contentious, hours-long meeting on Tuesday, Los Angeles City Council unanimously gave the green light to Mayor Karen Bass’ state of emergency on homelessness — but not without some drama. Proceedings were frequently interrupted by irate members of the public screaming for the resignation of Councilmember Kevin de León, who in addition to refusing to resign over the explosive leaked audio recently got in a physical confrontation with a protester.

De León made a brief appearance at the meeting, at which point Council President Paul Krekorian immediately moved to recess. After more than an hour, the body reconvened without de León and voted on the measure. But KDL still got a vote. Thanks to a technicality involving the council’s voting software, he was able to vote in favor of Bass’ declaration while not on the dais.

MINERAL MELEE — China Dominates the Rare Earths Market. This U.S. Mine Is Trying to Change That , by POLITICO’s Lara Seligman: The 400-foot pit, nestled in the foothills of California’s Clark Mountain Range, is home to the only rare earths mine in the United States. The Mountain Pass mine, which resumed operations in 2012 after years of dormancy, today supplies around 15 percent of the world’s production of rare earths, a group of 17 minerals used to make the magnets in America’s most advanced commercial and military technology, from electric vehicles to Virginia-class attack submarines.

— “ S.F. supervisors challenge Mayor Breed over supervised drug use sites ,” by the San Francisco Chronicle’s Mallory Moench and J.D. Morris: “Amid an ongoing drug crisis largely driven by the powerful opioid fentanyl, a majority of San Francisco supervisors back a plan to set aside millions of dollars to open “wellness” hubs where people can use drugs under the supervision of staff trained to reverse overdoses.”

— Water wells go dry as Calif. feels warming impacts , by POLITICO’s Anne C. Mulkern: A record number of water wells in California have gone dry as climate change amplifies heat and drought in the parched state. Residents reported having 1,394 dry wells statewide from January through last month, an increase of nearly 40 percent from the same time last year. It’s the highest number since the start of record keeping in 2013.

A REALITY CHECK… “ Is California’s drought over? Water providers still predict shortages next year ,” by CalMatters’ Alastair Bland: “December has delivered a powerful punch of storms to California. But the wet weather comes with a dry dose of reality: The state’s largest reservoirs remain badly depleted, projected water deliveries are low, wells are drying up, and the Colorado River’s water, already diminished by a megadrought, is severely overallocated.”

… AND ANOTHER ONE — “ The Bay Area Housing Recession Is Already Here ,” by the San Francisco Standard’s Sarah Wright and Annie Gaus: “A nasty combination of rising interest rates, inflation, tech layoffs and a sputtering stock market have many in the region hunkering down for an economic slowdown, if not a full-on recession. Meanwhile, the state’s coffers are expected to shrink considerably, with a legislative analyst forecasting a $25 billion budget deficit tied to poor stock market performance.”

ACTION ITEMS — “ ‘Let’s atone for the wrongs.’ Proposed reparations for California to begin taking shape ,” by the Sacramento Bee’s Stephen Hobbs and Marcus D. Smith: “The panel’s nearly 500-page report released this year shattered the myth that the state was free from slavery. Its systematic review of the racist harms inflicted on generations of Black people is the first of its kind at a state level. And a hotly-debated decision to limit reparations to California residents who descend from enslaved people or Black freedmen could become a model for future efforts.”

LABOR & LEVERAGE — “ How ‘historic’ UC strikes could ignite a new labor movement in California ,” by the San Francisco Chronicle’s Ryan Kost: “In the past year, efforts to unionize Amazon warehouses and Starbucks coffee shops have grabbed headlines and inspired similar efforts across the nation. But, it may be this academic strike that represents the largest shift, both in terms of union action and in the way people conceptualize the working class.”

— “ Mountain lion P-22 unlikely to be released back into wild ,” by FOX LA: “Griffith Park's famed mountain lion P-22, who was captured this week for a health assessment, is severely underweight and may have recently been struck by a vehicle, wildlife experts said Tuesday -- adding he likely won't be released back into the wild and could potentially be euthanized depending on further medical tests.”

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BIDEN, HARRIS AND THE HILL

SUBPOENAS IN THE SENATE — Senate Dems prepare to join the investigative fray , by POLITICO’s Jordain Carney: Senate Democrats finally have subpoena power, and they’re ready to use it. Though their target list is still under discussion, Democrats in the upper chamber have made clear that they intend to use their investigative authority — newly acquired thanks to their functional 51st Senate seat — as a counterpoint to House GOP probes of Hunter Biden’s business dealings and the Biden administration’s withdrawal from Afghanistan.

— Biden signs historic bill codifying same-sex and interracial marriage , by POLITICO’s Myah Ward and Eun Kyung Kim: A decade after he surprised the nation by publicly throwing his support behind same-sex marriage, President Joe Biden on Tuesday signed the Respect for Marriage Act into law at a White House ceremony — cementing his legacy as a champion of LGBTQ rights.

SILICON VALLEYLAND

SO LONG, SAFETY BOARD… Advocacy groups warn of harassment on Twitter after Musk kills safety board , by POLITICO’s Rebecca Kern: The morning after Elon Musk abruptly eliminated a six-year-old Twitter advisory council, children’s safety and civil rights groups warned the move will only make it harder to police harassment and hate speech on the platform.

… AND LOTS MORE — “ Musk Shakes Up Twitter’s Legal Team as He Looks to Cut More Costs ,” by the New York Times’ Ryan Mac, Mike Isaac and Kate Conger: “Over the past two weeks, Elon Musk has shaken up Twitter’s legal department, disbanded a council that advised the social media company on safety issues and is continuing to take drastic steps to cut costs.”

— “ Inside the chaos at Washington’s most connected military tech startup ,” by Vox’s Jonathan Guyer: “Rebellion Defense set out to disrupt the way the Pentagon handles new technologies. Silicon Valley’s elite and Washington’s national security leaders lined up behind the startup. Three and a half years later, Rebellion is falling short.”

JOIN THURSDAY FOR A CONVERSATION ON FAMILY CARE IN AMERICA : Family caregivers are among our most overlooked and under-supported groups in the United States. The Biden Administration’s new national strategy for supporting family caregivers outlines nearly 350 actions the federal government is committed to taking. Who will deliver this strategy? How should different stakeholders divide the work? Join POLITICO on Dec. 15 to explore how federal action can improve the lives of those giving and receiving family care across America. REGISTER HERE .

MIXTAPE

OUTLINING OAKLAND — “ This map shows where Oakland says it can build over 36,000 new homes ,” by the San Francisco Chronicle’s Sriharsha Devulapalli and Sarah Ravani.

— “ ‘Catfishing’ cop told Virginia police he was treated at mental health facility, records show ,” by the Los Angeles Times’ Summer Lin and Erin B. Logan.

AD GRAB — “ San Jose eyes new rules for billboards ,” by the San Jose Spotlight’s Jana Kadah.

— “ 36-year-old hiker vanished 11 days ago in California. His SUV is also missing, cops say ,” by the Sacramento Bee’s Paloma Chavez.

— “ Former Cal Fire division chief facing multiple criminal charges related to steroids ,” by the Sacramento Bee’s Robert Rodriguez.

BIRTHDAYS

Norbert Funke

A message from Solar Rights Alliance:

A very successful solar program called “net energy metering” keeps rooftop solar growing and affordable in California. Net energy metering compensates solar consumers for the excess energy they produce and share back to the grid. Because of net energy metering, solar is growing fastest among working and middle class consumers.

But, big utilities like PG&E hate losing profits when more people go solar. Utilities are pushing a plan at the California Public Utilities Commission that would slash the value of net energy metering by 75% overnight.

The extreme attack on solar makes solar unaffordable for working class Californians, schools and churches. It risks green jobs and small businesses. And it slows California’s progress to 100% clean energy.

California needs a lot more rooftop solar, not less. Tell the CPUC to stop the attack on solar. Learn more and take action at savecaliforniasolar.org.

CALIFORNIA POLICY IS ALWAYS CHANGING: Know your next move. From Sacramento to Silicon Valley, POLITICO California Pro provides policy professionals with the in-depth reporting and tools they need to get ahead of policy trends and political developments shaping the Golden State. To learn more about the exclusive insight and analysis this -only service offers, click here .

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