Gov. Gavin Newsom’s highly publicized executive order banning the sale of new gas-burning cars and trucks in 2035 may be more bark than bite.
“It’s not enforceable,” said Assemblyman Jim Frazier, a fellow Democrat who chairs the Assembly Transportation Committee. “He can make his agencies go for it, but it’s not law.”
Other lawmakers echoed — privately — Fraizer’s assessment.
Newsom spokesman Nathan Click said the executive order “directs” the California Air Resources Board to ban sales of gas-powered vehicles by 2035.
“And CARB has very broad regulatory power in this space,” Click said.
CARB spokesman Dave Clegern said the governor is “providing direction,” but said any regulations and plans “will be developed with input from the Legislature, as well as the usual public rule-making process.”
The air board would also need to vote to approve any proposed regulations, Clegern said.
Whatever the outcome, Newsom’s headline-grabbing move appears intended as an end run around lawmakers, who have been reluctant to pass a hard ban.
Frazier also tapped the brakes on a similar ban proposed by Assemblyman Phil Ting in 2018.
“It had the same problem as the governor’s ban. There is no plan for the charging infrastructure that will be needed to make all-electric cars practical,” Frazier said. “I already have friends getting rid of their Teslas because they aren’t convenient.”
Campos returns: San Francisco District Attorney Chesa Boudin has made a decidedly political choice for his new chief of staff, bringing in fellow progressive and former Supervisor David Campos, who is also chairman of the Democratic County Central Committee.
As DCCC chair, Campos oversees fundraising for the local Democratic Party and the endorsement processes for local races, including ballot measures and those for mayor, Board of Supervisors and district attorney.
Campos said one of his goals will be to help Boudin “bring together the city’s various communities to support the call for criminal justice reform.”
How Campos will balance the two roles remains to be seen, but former Ethics Commission President Peter Keane — himself a former chief assistant public defender — said the mix of political and prosecutorial roles could pose a problem.
“David will probably make a very good chief of staff, but doing both is not a good idea,” Keane said. “It doesn’t raise any direct conflict of interest, but he could find himself dealing with things that could have the appearance of improprieties, because the DCCC takes positions on candidates and people who Chesa might be in rivalry with.”
To which Campos replied, “The office has strict ethical guidelines and procedures that must be followed, and which I will follow as I have throughout my legal and professional career.”
One thing is for sure, Campos isn’t taking the job for money.
The job comes with a $50,000 pay cut from his $290,000-a-year job as Santa Clara County deputy executive.
On the other hand, coupled with his stint as a high-profile supervisor and the administrative experience he picked up in Santa Clara County, the move could make Campos an attractive progressive candidate should City Attorney Dennis Herrera decide to move on.
Campos is scheduled to start his new position on Oct. 19.
Staying power: San Francisco City Attorney Dennis Herrera says his expanded stay-away orders for suspected drug dealers are no “silver bullet” for ending the open dealing in the Tenderloin.
And in fact, a review of records shows that 26 of the 28 people in Herrera’s sights had already been issued a stay-away order. But that didn’t stop them from returning, over and over, to set up shop at their favorite corners. And chances are a $6,000 fine for violating the order won’t stop them either.
However, the new orders — which take the form of lawsuits and prohibit the 28 from even entering the Tenderloin — could make it easier for police to make more serious arrests.
Here’s how it works.
A suspect with prior arrests can be picked up on sight and charged with a misdemeanor if he is within the 50 square blocks covered by the order. When the cops make an arrest for violating the order, they can search and seize any drugs and money the suspect has on him and at the same time hit him with a more serious charge of possession for sale.
It’s quick, less costly and takes less time than running undercover operations. At the very least, each stop could mean fewer drugs and less money on the street.
The move, however, is not without controversy — past city injunctions against gangs were criticized for racially profiling minorities, and this latest attempt to clean up the Tenderloin could face the same outcry.
And while Herrera said the proposed injunctions are carefully crafted to “safeguard a defendant’s due process” and only targeted out-of-town drug dealers without regard to “demographics or membership in any group,” 24 of the 28 suspected dealers have Hispanic surnames.
Public Defender Mano Raju is already taking aim.
“One-sided fact-gathering leads to injustice, further traumatization of those who are human trafficking victims, further litigation and wasted resources,” Raju said in response to the injunction announcement.
Whatever the case, Mayor London Breed, who says the situation in the Tenderloin has never been worse, is ready to give it a try.
“San Francisco has become the place to go to sell drugs,” Breed said at Thursday’s announcement of the plan. “And that has got to stop.”
San Francisco Chronicle columnist Phil Matier appears Sundays and Wednesdays. Matier can be seen on the KGO-TV morning and evening news and can also be heard on KCBS radio Monday through Friday at 7:50 a.m. and 5:50 p.m. Got a tip? Call 415-777-8815, or email pmatier@sfchronicle.com. Twitter: @philmatier
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