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POLITICO California Playbook PM: How cities could get around Newsom’s injection sites veto

Presented by SEIU United Healthcare Workers West: Your afternoon must-read briefing on politics and government in the Golden State
Aug 24, 2022 View in browser
 
POLITICO California Playbook PM

By Lara Korte and Camille von Kaenel

Presented by SEIU United Healthcare Workers West

FOOL ME TWICE — For some San Francisco city officials, Gov. Gavin Newsom's veto of a state-backed safe drug injection site means it's time to take matters into their own hands.

Doing so could get tricky.

Senate Bill 57 — which the governor vetoed this week, fueling speculation about his broader ambitions — would have created pilot programs in Oakland, San Francisco in Los Angeles. The Democratic governor nixed the legislation, citing concerns about the unintended consequences of "unlimited" sites where people can consume illegal drugs under the supervision to prevent and reverse overdoses.

Backers of the bill were frustrated to have, once again, come so close to state approval only to have their hopes dashed. The bill has come up every year since 2016. Newsom said he'd maybe consider it again in the future (after another study and additional safeguards) but some say they're not willing to wait — and they may not have to.

Enter the New York model. Last year, the nation's most populous city voted to allow non-profit organizations to run two safe injection sites, absent any action from the state. Advocates hail the New York City sites as a big success — the nonprofit told NPR in June they've saved 300 lives since opening in November.

Following news of Newsom's veto, San Francisco City Attorney David Chiu said he'd support instituting a non-profit model like the one in New York. And thanks to an ordinance passed a few years ago, San Francisco is already set up to do so. In 2020, the Board of Supervisors voted unanimously in favor of allowing non-profit organizations to operate supervised injection sites. Mayor London Breed has long been in favor of the approach, and this week said the city will "keep working with our community partners to find a way forward, and we will also continue to advocate to the federal government about this critical public health response."

It's not clear what, if anything, the state would do in such a scenario. Newsom's office on Wednesday said it has "nothing to share" on the matter. California Attorney General Rob Bonta's office said it was "unable to provide legal advice or analysis on specific cases that have yet to occur."

State intervention may not be the problem, however. Even though the city authorized the practice, it's still illegal under federal law. That created some problems for other cities that tried to do this during the Trump administration.

In 2019, when a nonprofit in Philadelphia tried to open the nation's first supervised injection site, federal prosecutors immediately stepped in, saying it would violate a 1980's portion of the Controlled Substances Act that outlaws the operation of buildings for the purpose of using drugs.

President Joe Biden hasn't taken an affirmative position on injection sites, but it's notable that his administration didn't step in when New York opened its locations. The Justice Department under Biden has signaled it could be amenable to the sites , and in February said it was in settlement talks with the Philly nonprofit.

 

A message from SEIU United Healthcare Workers West:

Healthcare workers have been through hell during the pandemic. Before the vaccines, as COVID-19 infection and death rates soared, healthcare workers continued to go to work–sometimes without the proper equipment to keep them safe. They put their lives on the line for as little as $15 an hour. They were there for us. Now, it's time we are there for them. Tell lawmakers to increase the minimum wage to $25 for healthcare workers.

 

HAPPY WEDNESDAY AFTERNOON! Welcome to California Playbook PM, a POLITICO newsletter that serves as an afternoon temperature check of California politics and a look at what our policy reporters are watching. Got tips or suggestions? Shoot an email to cvonkaenel@politico.com or send a shout on Twitter. DMs are open!

WHAT YOU NEED TO KNOW TODAY

SUPERCHARGED: If you're looking to buy a new car, you'd better start looking for an electric outlet too, because California's air regulator votes tomorrow on a long-awaited ban on the sale of new gas-powered cars by 2035. The ban will come with a set of interim targets seeking to boost the share of new cars sold with zero emissions from 16 percent now to 35 by 2026 and 68 by 2030. The vote gives teeth to Newsom's 2020 executive order to ban the sale of gas-powered vehicles and will pave the way for more than a dozen other states to adopt the rule as well. The air agency has been refining its program for months, adding in requirements on battery warranties and durability so that cars last long enough to make it to the used market, where more people may be able to afford them.

ON THE BEATS

LIPSTICKING IT TO SEPHORA — California's first enforcement of its landmark data privacy law landed on cosmetics giant Sephora, which agreed to a $1.2 million settlement after the California Department of Justice accused the company of illegally selling people's personal information and failing to notify consumers. Bonta, the state's attorney general, said today that the company ignored state warnings.

But while Bonta singled out Sephora as an "egregious" offender, he said more companies could face a reckoning if they don't toe the line. A provision in the law giving businesses 30 days to cure violations will disappear in January. Bonta said firms should be ready: "The kid gloves are coming off. There are no more excuses." — Jeremy White

BIG NUMBERS FOR PROP 1 — California voters are not only supportive of lawmakers' efforts to enshrine abortion in the state Constitution, they're also calling it one of the most important issues as they head to the ballot box this fall.

A new poll from the UC Berkeley Institute of Governmental Studies found that more than 80 percent of registered voters consider abortion to be important in the upcoming election and that 71 percent plan to vote for Proposition 1. The robust support could be a harbinger of a high turnout for Democrats come November. — Lara Korte

 

A message from SEIU United Healthcare Workers West:

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AROUND CALIFORNIA

"State law codifies Los Gatos' public meeting protocol following QAnon disruptions," by the Mercury News' Hannah Kanik: "After a far-right group harassed councilmembers and shut down Los Gatos Town Council meetings last fall, the town developed a new system and set of policies to prevent further disruptions."

"Now, that framework has been codified for all local governments in the state."

" Rise of monkeypox worries L.A. sex workers: 'It feels like we are seen as disposable'," by the Los Angeles Times' Emily Alpert Reyes: "As monkeypox has proliferated in Los Angeles and across the country, sex workers have fretted about how to keep themselves safe from a virus that can cause excruciating lesions and force people to isolate for weeks."

"The virus has predominantly hit gay and bisexual men so far, but the rise of monkeypox has alarmed Angelenos of other genders and orientations who make a living from sex work — an umbrella term that includes stripping, performing in adult films or on webcams, and other forms of selling sexual services. Many recall the historic trajectory of HIV infections."

Compiled by Sakura Cannestra

 

A message from SEIU United Healthcare Workers West:

During the height of the pandemic, with COVID-19 infections and deaths on the rise, schools and businesses across California were closing. But healthcare workers continued to go to work, risking their lives to care for their patients. Even when protective equipment was scarce and there were no vaccines to slow the spread, they showed up for us and our communities. For many healthcare workers, they put their lives on the line for as little as $15 an hour.

These heroes deserve better. Together, we can make a difference. Contact your state lawmakers. Tell them to increase the minimum wage to $25 an hour for California's healthcare workers.

 
MIXTAPE

— "The Surprise in a Faltering Economy: Laid-Off Workers Quickly Find Jobs," by the Wall Street Journal's Sarah Chaney Cambon.

— "'Wine tech is a graveyard of failure': Napa startup lays off almost entire staff," by the San Francisco Chronicle's Esther Mobley.

— " Angels' 'for sale' sign raises stadium questions for Anaheim," by the Orange County Register's Alicia Robinson.

 

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POLITICO California @politicoca

 

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