🍊 🇺🇸 OC Conservative Brief - 4.28.23

Good morning, happy Friday (the last Friday of April!), and welcome to your weekly edition of the OC Conservative Brief, your run down of Orange County's local politics from a conservative perspective.

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This week, we have a briefing on an OC-backed bipartisan fentanyl bill in Sacramento and a photo from the South Korea State Dinner, but first we're diving into the latest gas stove court victory (yes, you read that right, a court victory) and what it could mean for Irvine's ban on gas appliances...

THREE CHEERS FOR GAS STOVES? A federal appeals court last week struck down the city of Berkeley, CA's ban on natural gas hook ups in new buildings, arguing that such sweeping ordinances are a violation of federal law and potentially squashing other cities' attempts to ban natural gas appliances.

The decision is already having ramifications. The city of Irvine - which passed a similar ban last month - said this week that the city's general counsel is reviewing the ruling, although as of now it still plans to move forward with the ordinance.

• On a related note, construction of the nation's first "all electric" hospital is underway in Irvine, though the building will still have diesel-fueled backup generators.

The bombshell ruling from a three-judge panel on the 9th Circuit of Appeals was in response to a lawsuit from the California Restaurant Association, which argued that the city's ban - which when passed in 2019 was the first of its kind in the country - would harm restaurants that rely on natural gas cooking methods.

According to the court, the U.S. Energy Policy and Conservation Act (EPCA) of 1975 explicitly preempts any state or local regulation concerning appliances where federal standards already exist. Because the EPCA already covers a wide-range of natural gas appliances, from stoves to water heaters, Berkeley cannot legally regulate - or outright ban - their use any further.

The court's opinion notes that, although Berkeley tried to circumnavigate the law by banning gas hook ups, not actual gas appliances, the end result is the same.

• "EPCA’s preemption provision encompasses building codes that regulate natural gas use by covered products," the court wrote. "And by preventing such appliances from using natural gas, the new Berkeley building code does exactly that.

What the other side said: One Berkeley city council member who helped pass the ordinance in 2019 disagreed with the court's interpretation of the EPCA:

• “They’ve conflated a 1970s regulation about the efficiency of appliances with what kind of materials can come into our house. We did not change appliances, we changed the source of fuel that can come into new buildings.”

The ruling is nevertheless a big legal win against the Left in the energy wars - for now. Nearly 75 California cities have passed ordinances banning or phasing out natural gas, including Los Angeles - which as of January now requires all new buildings to be all-electric - and the city of Irvine.

• Read deeper: The Wall Street Journal editorial board celebrates that "Gas Stoves Triumph Over Berkeley."

While the 9th Circuit's decision only affects the ordinance in Berkeley, groups on both sides of the issue will likely factor the ruling into their actions.

• One potential next step could involve a rehearing of the case in front of a wider panel of 11 judges on the 9th Circuit, not just three, which would likely skew more liberal. The three judges in this case, selected at random, were all appointed by Republicans, two by President Trump and one by President Reagan.

The Court did note that enforcement of the EPCA can be confusing and urged the Supreme Court to step in. Either way, this decision certainly won't be the final say.

KOREA...

South Korean President Yoon Suk Yeol and first lady Kim Keon Hee attended a State Dinner at the White House on Wednesday in honor of the 70th anniversary of the U.S.-South Korea alliance. According to the OC Register, the evening featured "tables topped with towering centerpieces of cherry tree boughs in full bloom," and a menu of "crabcakes, beef ribs and banana splits."

Orange County Republican Congresswomen Michelle Steel and Young Kim, both of Korean descent, attended the dinner this week, and wore traditional Korean clothing, known as hanbok, in honor of the visit.

The OC Register shared a photo of the two OC Republicans from the White House!

BIPARTISAN OC FENTANYL DEFEAT... Emotions around the fentanyl crisis boiled over in Sacramento on Wednesday within the state Senate's Public Safety Committee after Democrats on that committee killed a bill sponsored by nearly every elected Democrat and Republican from Orange County.

The bill, known as SB44 or Alexandra's Law and supported by parents of fentanyl victims, would have required judges to give a warning to convicted fentanyl dealers that, if they sell drugs again and it results in someone's death, they could be charged with murder.

• Supporters cited evidence that warning convicted drunk drivers that a repeat offense could result in a death and much more serious charges works to reduce drunk driving.

• The California District Attorneys Association also noted, in support of the bill, that if a warning is given, "Prosecutors will stand in a better position to later prosecute such offenders for second degree murder should they choose to continue to engage in such a dangerous and destructive endeavor."

Despite the fact that the bill was cosponsored by a majority of the Senate - which effectively guaranteed its passage should it make it to the floor - opposition from two Democrats on the Public Safety Committee, Sens. Nancy Skinner and Scott Wiener (both from San Francisco), effectively killed it before it could even get there.

• Wiener's argument was that efforts to "reinstate failed drug war incarceration policies" have "rarely stopped people from buying or using drugs."

"I'm just sorry because more people are going to die," said Matt Capelouto, the father of Alexandra Capuelto, who died from fentanyl poisoning in 2019 after taking a fake oxycodone pill. "And it might not be the politically correct thing to say, these senators have blood on their hands."

• "I witnessed my son's perpetrator continue to sell his substances," another parent said.

Notably, the bill was supported by nearly the entire bipartisan delegation from Orange County. State Sen. Tom Umburg (D-SD34), who represents Santa Ana and Anaheim, was a lead sponsor of the legislation.

• Nearly every other elected OC representative cosponsored the bill, including Senators Catherine Blakespear (D), Dave Min (D), and Janet Nguyen (R), and Assemblymembers Phillip Chen (R), Laura Davies (R), Diane Dixon (R), Cottie Petrie-Norris (D), Sharon Quirk-Silva (D), Kate Sanchez (R), and Tri Ta (R).

Though there is still an opportunity for a similar bill to be brought up in committee again, this week's vote effectively killed the Senate legislation as written.

The Committee killed another bill, sponsored by Irvine Democrat Assemblymember Cottie Petrie-Norris, that would have strengthened penalties for dealers selling fentanyl over social media.

In the meantime, Republicans in the Assembly are asking Governor Gavin Newsom to get involved and flex some political muscle to push Democrat holdouts to support similar bills in the lower chamber.

WAIT, THERE'S MORE...

📈 Southern California will be hit with a mild "garden-variety" recession later this year that will slash hiring across the region by 88% and lead to job losses next year, according to economists at Cal State Fullerton.

🛢️ Operators announced the oil pipeline severed during the October 2021 Orange County oil spill will be going back into service soon, after roughly over a year and a half of repairs and legal issues kept it offline.

📢 Former Vice President Mike Pence visited the Nixon Library in Orange County last week to discuss to push his record on energy policy ahead of an anticipated 2024 presidential run.

🐘 Former President Trump criticized the RNC's decision to host a 2024 GOP presidential debate at the Reagan Library, taking issue with the fact that the foundation's board chair is the publisher of the Washington Post.

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Have a tip on a news item in Orange County conservatives should know about? Drop me a line at [email protected]