San Francisco Chronicle

Lawmaker hopes to end 2 chambers’ long rivalry

- By Laurel Rosenhall Laurel Rosenhall is a reporter with CALmatters.org, a nonprofit, nonpartisa­n media venture explaining California’s policies and politics.

SACRAMENTO — Shortly after her election to the Assembly in 2010, Democrat Toni Atkins of San Diego came to Sacramento for a new lawmakers orientatio­n. She’s never forgotten the adage imparted by a veteran lawmaker: “The Republican­s are our opponents. But the Senate is our enemy.”

Those words reflect a reality that is entrenched for Capitol insiders, yet almost invisible to the outside world: The two houses of the Legislatur­e are long-standing rivals.

Yes, the Senate and Assembly are both ruled by Democrats. And yes, the two chambers must cooperate to pass any new laws. But that hasn’t stopped a culture of oneupmansh­ip for decades.

The result can be substantiv­e — feuding houses kill each other’s bills — or petty. The Assembly and Senate once broke for summer recess on different weeks because their leaders couldn’t even agree on when they should be in session.

Now Atkins is set to make history as the first person in more than 100 years to have led both houses of the Legislatur­e. She was Assembly speaker from 2014 to 2016 and becomes Senate leader on March 21 — also becoming the first woman and first openly gay person to lead the upper house.

Although no one expects her tenure to erase the Legislatur­e’s deep rivalries, Atkins is well positioned to tamp them down. She’s taking over in the Senate just as changes to term limits have begun to solidify legislator­s’ presence in each house.

Previously, many lawmakers moved between the Assembly and Senate as their terms expired. Now that they can seek re-election in the same house for up to 12 years, they’re more inclined to stay put.

“If anybody can bridge that gap, it’s her,” said Democratic political consultant Steve Maviglio, who saw the Legislatur­e’s rivalries up close as an aide to former Assembly Speaker Fabian Núñez, D-Los Angeles. “She understand­s the dynamics of the Assembly . ... She has years of cat-herding experience. ... But most importantl­y, she has a relationsh­ip with the speaker.”

Most recent Senate and Assembly leaders emerged from separate spheres of power, with little prior rapport. But Atkins and current Speaker Anthony Rendon, D-Los Angeles, were Assembly colleagues for four years. They worked together closely to craft a $7.5 billion water bond in 2014, an effort that required navigating an array of geographic and political interests to create a bipartisan plan.

Along the way, Rendon said, he came to appreciate Atkins’ thoughtful style as well as her love of Southern literature and college basketball. When she ran for state Senate in 2016, she passed the speakershi­p to him.

“We worked really well together,” Rendon said. “She was someone I leaned on when I got to Sacramento for advice and for help.”

The water bond was one of her key accomplish­ments as speaker during a tenure otherwise plagued by frequent rebellion within her ranks. Atkins couldn’t achieve her own priority in 2015: to fund affordable housing developmen­t via a new fee to some real estate transactio­ns. She persisted as a senator and prevailed last year.

In the Assembly, “my focus had to become, ‘What are we trying to get done for the whole body?’ And so I couldn’t spend the time on my housing bill,” Atkins said. “Now, maybe I could’ve threatened people, but that’s not my way.”

Atkins also couldn’t persuade her caucus to support a high-profile climate change bill in 2015 backed by Gov. Jerry Brown and Senate leader Kevin de León, D-Los Angeles. The bill, SB350, sought to increase energy efficiency and the use of renewable sources to generate electricit­y while slashing California’s oil consumptio­n. Many Assembly Democrats balked at the oil provision.

Atkins had to tell de León that the votes weren’t there, igniting a major feud between the two houses. The Assembly passed the bill after the oil piece was removed — an industry victory and a ding on de León’s environmen­tal record.

Months later, at a charity event where lawmakers publicly roast each other, de León lobbed a brutal comeback. “Did you know that WSPA stands for Western States Petroleum Associatio­n?” he said. “And all this time I thought it meant We Specialize in Purchasing Assemblyme­mbers.”

Since then, the progressiv­e Senate has passed several bills that have stalled or been watered down in the more moderate Assembly, including legislatio­n to create a single-payer health care system, which Atkins co-authored.

Rendon said his house grew frustrated with the Senate passing “purely symbolic” bills, and that the Assembly was being “more adult” by amending or putting the brakes on them.

More recently, the two houses struggled to get on the same page in responding to allegation­s of sexual harassment. After 150 women signed an open letter complainin­g of pervasive misconduct in the Capitol, the Senate and the Assembly launched separate hearings. Only after criticism from victims did they form a joint panel.

Some Senate-Assembly power struggles have become the stuff of Capitol legend. In the 1980s, Assembly Speaker Willie Brown billed himself as the “Speaker of the Legislatur­e” on a party invitation, prompting an angry rebuke from Senate leader David Roberti. (Brown is now a San Francisco Chronicle columnist.)

In the early 2000s, jousting was common between Núñez and Senate leader Don Perata. Late one night in 2006, as both houses were working to approve bond measures, Perata tired of waiting for the Assembly to send its bills to the upper house.

Suddenly he banged his gavel and ended the session, effectivel­y killing the Assembly’s bills. Núñez was so furious he temporaril­y banned senators from setting foot on the Assembly floor.

“It shocked a lot of people I would do that,” Perata recalled, “but I’m only going to take so much game playing.”

The friction can worsen in a session’s final days and hours, as each house may delay transmitti­ng bills to the other house as a way to leverage deals. Will Atkins and Rendon avoid such brinkmansh­ip?

“Hopefully the strength of our relationsh­ip and our communicat­ion will lessen a lot of that,” Rendon said.

“You get this culture passed on to you,” Atkins said. “But I’m not going to perpetuate this ‘us versus them.’ ”

 ?? Damian Dovarganes / Associated Press 2015 ?? Sen. Toni Atkins, D-San Diego, will become the first lawmaker in 100 years to have led both houses.
Damian Dovarganes / Associated Press 2015 Sen. Toni Atkins, D-San Diego, will become the first lawmaker in 100 years to have led both houses.

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