POLITICO California Playbook PM: Trying to clear the smoke on a hazy law

Your afternoon must-read briefing on politics and government in the Golden State

Jun 15, 2023 View in browser   By Rachel Bluth, Lara Korte and Camille von Kaenel Programming Note: We’ll be off this Monday for Juneteenth but will be back in your inboxes on Tuesday. SMOKE AND MIRRORS: California lawmakers and their allies spent three years and nearly $60 million to secure a ban on flavored tobacco. Now that it’s the law of the land, nobody seems to know how it’s supposed to work. The problem is that the law, which voters upheld in November after manufacturers qualified a referendum, is less restrictive than those in many cities and counties — some of which have conflicting rules. As a result, retailers say they don’t know what products are allowed — and law enforcement officials aren’t sure exactly whose job it is to crack down on violators. “The intent of the law is clear but the responsibility of its enforcement was less clear,” said John Maa, a tobacco control advocate and past president of the San Francisco-Marin Medical Society. “What we’re witnessing right now is that reality.” For months, tobacco control advocates have been asking Attorney General Rob Bonta to issue clearer guidance on what is and isn’t allowed under the state’s ban, and a bill in the Legislature would clarify that it’s his responsibility to enforce it. California Attorney General Rob Bonta speaks at a news conference in Sacramento, Calif., on June 28, 2022. | AP Bonta says action is coming in the next few weeks. He’s considered a color-coded system for retailers about what’s allowed, and different algorithms or advisory committees to determine what counts as a flavored product, free from the influence of the tobacco industry. “You know, enforcement is not something that is exclusive to any independent or any single law enforcement agency, including the Department of Justice,” Bonta said in an interview this week. “Any law enforcement agency can enforce existing laws.” Sanjiv Patel owns 15 shops across the Bay Area that sell tobacco products. He and others in the American Petroleum and Convenience Store Association are frustrated by the lack of clarity when it comes to enforcement and want more guidance from officials. “Ninety-nine-point-nine percent of business owners want to follow the law,” he said. “So a guideline — we’d love to have that.” HAPPY THURSDAY 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!   PLAYBOOK TRIVIA NIGHT! Think you know a lot about politics? PROVE IT! Compete in California Playbook’s inaugural Trivia Night. Grab a drink, kick back, and put your knowledge on display! Join top political power players on Wednesday, June 21st at Fox & Goose Public House for a night of fun and competition that you won’t want to miss. REGISTER HERE.     WHAT YOU NEED TO KNOW TODAY A NOT-SO-DONE DEAL:  California lawmakers voted to approve a budget for the next fiscal year today, addressing a $30.9 billion deficit with cuts to environment programs and shifts in spending and borrowing. They will continue to negotiate details with the Newsom administration, whose own budget proposal addresses a $31.5 billion shortfall. Among the main differences are that the Legislature’s budget provides more money for transit systems struggling since the pandemic. The spending plan must be finalized before July 1. The Legislature and the administration also remain divided over Gov. Gavin Newsom’s proposals to speed up the development of energy and water projects, which he is seeking to tie to the budget. On The Beats PARALLEL INVESTIGATIONS: HHS Secretary Xavier Becerra came to Sacramento today to highlight efforts to combat food insecurity, but at a news conference at UC Davis Medical Center afterward, the former California attorney general sounded off on Republican governors sending asylum-seekers to California to make a political point about federal immigration policy. “We have laws that are there to protect those who are seeking asylum, trying to flee from persecution or potential death,” he said. “We also have a system that has to make sure that if you’re applying for asylum, you qualify for it.” Also today, Javier Salazar, the Democratic sheriff in Bexar County, Texas, announced he met with Newsom at a sheriffs conference in California to discuss “concurrent investigations into the migrant flights out of Texas and to other areas of the country.” Bonta is investigating Florida officials’ transport of 36 migrants to the state. Texas Gov. Greg Abbott on Wednesday sent more than 40 migrants to Los Angeles. — Sejal Govindarao ON THE WATERFRONT: The prospect of a strike has ebbed along the West Coast. The International Longshore and Warehouse Union announced Wednesday night that it had reached a tentative deal with port employers on a new contract for 22,000 dockworkers. The announcement comes after Julie Su, acting U.S. Labor secretary and former California labor commissioner, arrived in San Francisco earlier this week to mediate negotiations that had dragged on for 13 months. The ports affected by the labor dispute stretch from California to Washington state, and led to multiple work stoppages at some of the nation's largest trade hubs, including Los Angeles and Long Beach. — Alexander Nieves FULL TANK: The state may have a budget deficit, but it has a water surplus. For the first time in years, California’s two largest reservoirs have enough in them to spare the state’s people and politicians from painful decisions in the dry season ahead. Lake Oroville, the largest, recently reached 100 percent of its capacity. Shasta Reservoir stands at 97 percent thanks to the winter’s historic snow and rain. The Department of Water Resources announced earlier that it would provide 100 percent of water requested by the state’s public agencies for the first time since 2006. While the state is in much better shape than this time last year — when Oroville and Shasta were at 40 and 52 percent — some reservoirs still have room for more. Trinity Lake, the state’s third-largest reservoir, is 57 percent full. — Wes Venteicher   SUBSCRIBE TO POWER SWITCH: The energy landscape is profoundly transforming. Power Switch is a daily newsletter that unlocks the most important stories driving the energy sector and the political forces shaping critical decisions about your energy future, from production to storage, distribution to consumption. Don’t miss out on Power Switch, your guide to the politics of energy transformation in America and around the world. SUBSCRIBE TODAY.     AROUND CALIFORNIA — "Trauma has shaped Jennifer Siebel Newsom’s life. Now it helps fuel her work for California," by the Los Angeles Times’ Taryn Luna: As a feminist and documentary filmmaker, Siebel Newsom has been on a mission to tell women’s stories and upend the gender imbalance that permeates life in America. As the first partner of California and wife of Democratic Gov. Gavin Newsom, she has influence at the highest tier of state government. — “Enforcement of new homeless camping ban will be gradual, San Diego officials say,” by The San Diego Union-Tribune’s Gary Warth: The ordinance is expected to return to the council for a second and final reading June 27 and would not go into effect until at least 30 days after the July 1 opening of a new 100-spot safe sleeping area at 20th and B streets. — "State Farm’s California freeze: Looming insurance apocalypse or political ploy?” by the Los Angeles Times’ Sam Dean: But even today, State Farm is sticking with the high-risk properties it signed since 2018, and explicitly committed to renewing its existing policies when it announced its decision to stop writing new ones in May. That suggests a more complicated calculus than that two-paragraph statement offered. MIXTAPE — "California flooding harmed 4 out of 5 households in this city. A study tallies the damage," by Cal Matters’ Nicole Foy — "The Compost: Safe to swim in Southern California waters? For me, it’s personal." by Brooke Staggs — "Column: For some LGBTQ+ Catholics, the Sisters of Perpetual Indulgence are a drag," opines the Los Angeles Times’ Gustavo Arellano   Follow us on Twitter Katy Murphy @katymurphy POLITICO California @politicoca   Subscribe to the POLITICO Playbook family Playbook  |  Playbook PM  |  California Playbook  |  Florida Playbook  |  Illinois Playbook  |  Massachusetts Playbook  |  New Jersey Playbook  |  New York Playbook  |  Ottawa Playbook  |  Brussels Playbook  |  London Playbook View all our political and policy newsletters Follow us

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