Regulation

Modern-day students and attitudes towards government

by Bob Weeks on January 31, 2012

Recently Economics Professor Jack Chambless of Valencia College in Orlando asked his college students to write an essay “explaining their definition of the American Dream and what they expected the federal government to do to help them achieve their version of this dream.”

The results are shocking, to say the least. Here’s what Chambless explained during an appearance on Fox New Channel (video here or below).

“About 10% of the students said they wanted the government to leave them alone and not tax them too much and let them regulate their own lives. But over 80% of the students said that the American dream to them meant a house, and a job, and plenty of money for retirement and vacations and things like this. When it came to the part about the federal government, eight out of ten students said they wanted free health care, they wanted the government to pay for their tuition, they wanted the government to pay for the down payment on their house, they expected the government to ‘give them a job.’ Many of them said they wanted the government to tax wealthier individuals so that they would have an opportunity to have a better life.”

On his website, Chambless wrote: “One student who thought her American Dream could be best achieved with more government regulations went so far as to say, ‘We all know that there are many bad side effects when regulations take place, but as human beings, we are not really responsible for our own acts, and so we need government to control those who don’t care about others. It makes sense that our freedom is reduced every day with the new regulations.’”

Chambless blames the public schools, in large part, for failing to teach principles of the right to “life, liberty, and property,” but also that the government doesn’t have the responsibility for providing that.

Chambless also said that 44 percent of Americans are receiving some form of government benefit, as compared to 29 percent in the early 1980s.

Tagged as: Economics, Government spending, Liberty, Regulation

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Congress should reserve the right to protect our wireless future

by Guest Author on January 24, 2012

From Erik Telford
Wireless technology is great. Only a few years ago, most Kansans were using their phones to call, and perhaps even text, now mobile devices are essentially small computers in the palms of our hands — capable of almost anything.

According to Nielsen research, about 44 percent of U.S. mobile subscribers now own smartphones.[i] In Kansas, there are more than 2.4 million wireless subscribers[ii] and nearly 450,000 of those subscribers have data plans with full Internet access for more than 1 million high-speed mobile devices as of December 2009.[iii]

With mobile devices capable of almost anything, Kansans are finding more ways to use them — from uploading pictures during a concert at the Sprint Center to updating their Facebook status about K-State’s football team to checking into their favorite Wichita restaurant on Foursquare.

However, in what is becoming an all too familiar occurrence, some of these efforts are unsuccessful because we just can’t seem to connect online in a stadium or arena full of people. This is just one localized example of how the looming spectrum crisis could become a widespread reality — crippling innovation and investment in one of our country’s most vibrant sectors.

Thankfully, Congress is currently considering legislation that would help avoid the looming crisis by freeing up more spectrum through an auction process. Spectrum auctions are widely supported by both Republicans and Democrats; however, as with most things — the devil is in the details.

As the agency in charge of spectrum auctions, the FCC is pressuring Congress to give the FCC complete control over the auction design process. While the FCC’s request seems somewhat innocuous, if allowed, it could have dangerous consequences.

Recent actions by the FCC suggest it would use its power to limit which companies will get to participate in the auction, effectively determining the winners and losers.

Some members of Congress, support the FCC’s request and argue that proposals that would restrict the FCC from imposing eligibility conditions on auction participants “could have a deterring effect on fostering competition and maximizing auction proceeds to pay for a public safety network and deficit reduction.”[iv] The argument that fewer auction participants would result in more competition and more revenue, however, just doesn’t make sense.

The FCC’s desire to impose conditions to increase competition and encourage innovation is not only counterintuitive; it is unnecessary. As the FCC’s own data demonstrates, the wireless market is already fiercely competitive. Nearly 90 percent of Americans have a choice of five or more wireless providers.[v]

In, Kansas, consumers in communities both large and small have a number of options for wireless services. Consumers in Salina and in Wichita can choose from six or more wireless providers.[vi] In Garden City, subscribers can choose from seven or more wireless companies.[vii]

Furthermore, eligibility restrictions could prevent companies like Sprint, Verizon and AT&T from acquiring more spectrum, which could prevent them from deploying 4G service to other communities outside the Kansas City market due to spectrum constraints.

As the expert agency, the FCC is right to ask for some flexibility with the auction design process. Congress, however, should reserve its right to protect our wireless future by preventing FCC overreach and ensure that all companies can participate in the auction process. It’s only the fair choice to make.

Notes:
[i] Nielsen Wire, “Android and iPhones Dominating App Downloads in the U.S.” November 29, 2011
[ii] Federal Communications Commission, 15th Annual Mobile Wireless Competition Report, Table C-2: FCC’s Semi-Annual Local Telephone Competition Data Collection: Mobile Telephone Subscribership, in Thousands,” p. 248, June 27, 2011
[iii] Federal Communications Commission, 15th Annual Mobile Wireless Competition Report, Table C-5: Mobile Wireless Devices Capable of Sending or Receiving Data at Speeds Above 200 kbps and Subscribers with Data Plans for Full Internet Access as of December 31, 2009, in Thousands,” p. 260, June 27, 2011
[iv] Sen. John Kerry, Press Release, “Democratic and Republican Senators Urge Smart, Inclusive Spectrum Reform,” January 9, 2012
[v] Federal Communications Commission, 15th Annual Mobile Wireless Competition Report, “Estimated Mobile Wireless Voice Coverage by Census Block, 2010,” p. 6, June 27, 2011
[vi] Cell phone provider coverage as found by zip code on http://www.wirelessadvisor.com/
[vii] Cell phone provider coverage as found by zip code on http://www.wirelessadvisor.com/

Tagged as: Computing, Regulation, United States Congress

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Kansas and Wichita quick takes: Monday December 26, 2011

by Bob Weeks on December 26, 2011

Kansas computer security. This month the Kansas Legislative Division of Post Audit released an audit looking at how well five Kansas state government agencies kept their computers up-to-date. The audit found: “Three of the five agencies had significant vulnerabilities because of inadequate workstation patching processes, and all five could make some minor improvements to their patching process.” Patching refers to the process of keeping software updated. The most important updates, or patches, concern security vulnerabilities that have been discovered and fixed. Some of these vulnerabilities are serious and can lead to computers and networks being compromised. The report is at State Agency Information Systems: Reviewing Selected Systems Operation Controls in State Agencies.

KPERS. Wichita financial planner Richard Stumpf contributes a piece to the Wichita Eagle on the problems with Kansas Public Employee Retirement System (KPERS). He paints a bleak picture of the plan’s finances and proposes a tax increase, writing: “I am recommending that Brownback propose a 25 percent tax increase to fund employees’ retirement plans. The commission wouldn’t cut spending. I refuse to recommend taking more money from classrooms to pay this bill. The only remaining option is a tax increase.” … As bleak as is this picture, it’s not as dark as it should be: Stumpf says the debt in KPERS is “nearly $9 billion.” More realistic analysis puts the figure much higher. Adjusting for unreported investment losses and using a realistic assumed rate of return of six percent, Kansas Policy Institute says the shortfall would be $14.1 billion. More shocking is an evaluation of state pension funds conducted by the American Enterprise Institute which uses market valuation methods. This evaluation puts the shortfall for Kansas at $21.8 billion. … Stumpf notes this: “So far this year, the stock market is up about 1.3 percent. Since KPERS is based upon an 8 percent assumed rate of return, earning 1.3 percent this year is equivalent to losing 6.7 percent.” The full editorial is at Richard Stumpf: Unions, Legislature lack guts to fix KPERS.

Kansas Treasurer makes grand circuit. One of the jobs of Kansas Treasurer Ron Estes is to safeguard unclaimed property and seek to return it to its owners. Estes and his staff have now visited all 105 Kansas counties, holding unclaimed property return events in each. The office says that in 2011, 65,913 claims totaling $14,433,929 have been returned to Kansans. The office is holding $230 million in unclaimed property.

Huelskamp considered objecting. The payroll tax measure passed last week in the U.S. House of Representatives was passed using “unanimous consent.” This means that there was no voice or roll call vote taken, and members did not need to be present. But if even one member had been present and had voiced an objection, the measure would have failed. Appearing on CNN, U.S. Representative Tim Huelskamp, who is in his first term representing the Kansas first district, said he considered making such an objection, but could not get to Washington from Kansas in time: “Actually, I did. Problem was by the time we were notified that the unanimous consent agreement would be offered, where I come from in Kansas, I can’t get to Washington quick enough on this short notice. So that was an option, we did think about that, but there’s no way to fly in on time to make that happen. Back on the pledge to America, we talked about 72 hours where big things like this would give us an opportunity to reel read the deal, actually read the bill. And in this case they decided to not follow that rule as well.” … Huelskamp said he was disappointed with the House leadership team, noting Congress has not cut spending, did not stand up to the president on the budget ceiling debate, and did not pass a balanced budget amendment. Noting the lack of delivery after the election of a conservative majority to the House, Huelskamp wondered “what difference did it make?” He described the payroll tax measure as one of numerous losses this year.

Obama’s regulation. Wall Street Journal Review & Outlook: “To answer the most basic question — has regulation increased? — we’ll focus on what the government defines as ‘economically significant’ regulations. Those are rules that impose more than $100 million in annual costs on the economy, though there are hundreds if not thousands of new rules every year that fall well short of that. According to an analysis of the Federal Register by George Mason University’s Mercatus Center, the Cabinet departments and agencies finalized 84 such regulations annually on average in President Obama’s first two years. The annual average under President Bush was 62 and under President Clinton 56.” The Journal notes the deception used by the Obama Administration as it tries to portray itself as not regulation-hungry: “Cass Sunstein, the director of the White House Office of Information and Regulatory Affairs, has been shopping around lower numbers that selectively compare Mr. Obama’s first two years favorably with Mr. Bush’s last two. Administrations are typically most active on the way out, and in any case the Bush regulatory record is nothing to crow about. But Mr. Sunstein’s numbers are even more misleading because they only include the rules that his office reviews while excluding the prolific ‘independent’ agencies such as the Federal Communications Commission. This means that if Congress tells, say, the Securities and Exchange Commission to write a new rule, it doesn’t enter Mr. Sunstein’s tally. So it omits, for example, some 259 rules mandated by the Dodd-Frank financial reregulation law along with its 188 other rule suggestions. It also presumes that Mr. Obama is a bystander with no influence over his own appointees who now dominate the likes of the National Labor Relations Board.” … After presenting more evidence of the growth of costly regulation under Obama, the Journal concludes: “The evidence is overwhelming that the Obama regulatory surge is one reason the current economic recovery has been so lackluster by historical standards. Rather than nurture an economy trying to rebuild confidence after a financial heart attack, the Administration pushed through its now-famous blitz of liberal policies on health care, financial services, energy, housing, education and student loans, telecom, labor relations, transportation and probably some other industries we’ve forgotten. Anyone who thinks this has only minimal impact on business has never been in business. … Mr. Obama can claim he is the progressive second coming of Teddy Roosevelt as he did in Kansas last week, or he can claim to be a regulatory minimalist, but not both. The facts show he’s the former.” The full article is Regulation for Dummies: The White House says its rule-making isn’t costly or unusual. The evidence shows otherwise.

The failure of American schools. The Atlantac: “Who better to lead an educational revolution than Joel Klein, the prosecutor who took on the software giant Microsoft? But in his eight years as chancellor of New York City’s school system, the nation’s largest, Klein learned a few painful lessons of his own — about feckless politicians, recalcitrant unions, mediocre teachers, and other enduring obstacles to school reform.” Key takeway idea: “As a result, even when making a lifetime tenure commitment, under New York law you could not consider a teacher’s impact on student learning. That Kafkaesque outcome demonstrates precisely the way the system is run: for the adults. The school system doesn’t want to change, because it serves the needs of the adult stakeholders quite well, both politically and financially.” … Also: “Accountability, in most industries or professions, usually takes two forms. First and foremost, markets impose accountability: if people don’t choose the goods or services you’re offering, you go out of business. Second, high-performing companies develop internal accountability requirements keyed to market-based demands. Public education lacks both kinds of accountability. It is essentially a government-run monopoly. Whether a school does well or poorly, it will get the students it needs to stay in business, because most kids have no other choice. And that, in turn, creates no incentive for better performance, greater efficiency, or more innovation — all things as necessary in public education as they are in any other field.” … Overall, an eye-opening indictment of American public schools.

Markets: exploitation or empowerment? Do markets lead to a centralization of political and economic power, or do markets decentralize and disseminate wealth? In an eight-minute video from LearnLiberty.org, a project of Institute for Humane Studies, Antony Davies presents evidence and concludes that markets and free trade empower individuals rather than exploit them.

Tagged as: Barack Obama, Capitalism, Computing, Education, Free markets, Kansas state government, Laissez faire, Regulation, Tim Huelskamp

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Kansas and Wichita quick takes: Friday December 16, 2011

by Bob Weeks on December 16, 2011

Kansas school finance. Reactions to Kansas Governor Sam Brownback’s school finance plan are coming in. Dave Trabert, president of Kansas Policy Institute gives it a grade of “incomplete.” “It’s good to give districts more flexibility in deciding how to spend aid dollars and the formula may be easier to understand, but there is nothing in this plan to substantively address his laudable goals of raising student achievement. Excellence in Education requires laser-like focus on outcomes and those elements are missing from this plan. … Funding is important but that’s not what drives achievement. Total aid to Kansas schools increased from $3.1 billion in 1998 to $5.6 billion in 2011. Yet reading proficiency levels according to the U.S. Department of Education remain relatively unchanged at about 35%.” … Kansas National Education Association (KNEA), the teachers union, notes the good points: It anticipates no further cuts to K-12 Education funding. It allows maximum flexibility in addressing student needs by removing restrictions on spending on at-risk or bilingual students. It counts kindergartners as full time students. But, the bad, according to the union: It has a TABOR-like effect that permanently locks in school funding at the current inadequate level. TABOR refers to taxpayer bill of rights, plans that some states have to limit the rate of growth of government. … While the Brownback administration believes the plan should settle lawsuits aimed at forcing more spending on education, lawyers suing the state say “Without addressing the costs of what schools need to spend in order to get the kind of performance the 21st Century demands, it is a system doomed to failure. It doesn’t do what the Kansas Supreme Court and the Kansas Constitution requires and that is fund education based on its costs.”

No school choice for Kansas. The Brownback plan contains no mention of school choice programs of any kind, not even charter schools. The latter are possible in Kansas, but the law is stacked against their formation. School choice programs are increasing in popularity in many states, because they hold the strong possibility of better results for students and parents. Plus, as the Friedman Foundation for Educational Choice has found in its study Education by the Numbers: The Fiscal Effect of School Choice Programs, 1990-2006, school choice programs save money: “Every existing school choice program is at least fiscally neutral, and most produce a substantial savings.” Governor Brownback could have integrated a small school choice program into the school financing plan as a way to save money and provide greater freedom for students and parents. … In what the Wall Street Journal dubbed the The Year of School Choice, Republican governors across the nation have founded or expanded school choice programs. Wrote the Journal: “But choice is essential to driving reform because it erodes the union-dominated monopoly that assigns children to schools based on where they live. Unions defend the monopoly to protect jobs for their members, but education should above all serve students and the larger goal of a society in which everyone has an opportunity to prosper. This year’s choice gains are a major step forward, and they are due in large part to Republican gains in last fall’s elections combined with growing recognition by many Democrats that the unions are a reactionary force that is denying opportunity to millions. The ultimate goal should be to let the money follow the children to whatever school their parents want them to attend.” … But under governor Brownback’s leadership, this is not happening in Kansas.

Federal budget transparency. U.S. Representative Tim Huelskamp, who is in his first term representing the Kansas first district, this week expressed frustration with transparency involving the federal budget. “I appreciate the Congressman from Utah talking about transparency. The idea that just because we’re only shining some light on a particular aspect — on not on the whole process — to me that’s an argument we need more transparency on the whole process. I totally agree with that. The experience in my office in the last three days has been to make an attempt to find out what is in this Conference Committee report. It’s been three days, and at 12:37 am this morning that was posted online — 1,219 pages, not quite 11 hours ago. I’m a Member of Congress and I’m going to be expected to vote on that very quickly. There was an interesting quote in The Hill this morning. I don’t know who said it, but it quoted: ‘… [A]ppropriators are worried that the tactic could leave the omnibus text out in the public for too long, giving time for K Street lobbyists to attack it before it gets approved.’ I don’t care about the lobbyists. It’s my job. It’s a responsibility to my constituents. We need more transparency not less. We need more discussions of the tyranny of debt, not less. This type of legislation gives us that opportunity. It gives the American people more appropriately the opportunity to see what we are doing.” There is video of Huelskamp’s remarks.

Open records in Wichita. “A popular Government without popular information or the means of acquiring it, is but a Prologue to A Farce or a Tragedy or perhaps both. Knowledge will forever govern ignorance, and a people who mean to be their own Governors, must arm themselves with the power knowledge gives.” That’s James Madison, framer of the First Amendment, 1822. Six of seven Wichita City Council members seem not to agree with Madison, and we have a city attorney who goes out of his way to block access to information that the public has a right to know. The City of Wichita’s attitude towards open records and government transparency will be a topic of discussion on this week’s edition of the KAKE Television public affairs program This Week in Kansas. That program airs in Wichita and western Kansas at 9:00 am Sundays on KAKE channel 10, and at 5:00 am Saturdays on WIBW channel 13 in Topeka.

Cell phone ban while driving. Sometimes regulating a behavior, even though it is dangerous, makes things even worse. “A news release from the Highway Loss Data Institute summarizes the finding of a new study: “It’s illegal to text while driving in most US states. Yet a new study by researchers at the Highway Loss Data Institute (HLDI) finds no reductions in crashes after laws take effect that ban texting by all drivers. In fact, such bans are associated with a slight increase in the frequency of insurance claims filed under collision coverage for damage to vehicles in crashes. This finding is based on comparisons of claims in 4 states before and after texting ban, compared with patterns of claims in nearby states.” More at Texting bans haven’t worked.

Myths of the Great Depression. “Historian Stephen Davies names three persistent myths about the Great Depression. Myth #1: Herbert Hoover was a laissez-faire president, and it was his lack of action that lead to an economic collapse. Davies argues that in fact, Hoover was a very interventionist president, and it was his intervening in the economy that made matters worse. Myth #2: The New Deal ended the Great Depression. Davies argues that the New Deal actually made matters worse. In other countries, the Great Depression ended much sooner and more quickly than it did in the United States. Myth #3: World War II ended the Great Depression. Davies explains that military production is not real wealth; wars destroy wealth, they do not create wealth. In fact, examination of the historical data reveals that the U.S. economy did not really start to recover until after WWII was over.” This video is from LearnLiberty.org, a project of Institute for Humane Studies, and many other informative videos are available.

Tagged as: Education, Government transparency, Kansas first district, Kansas National Education Association, Kansas Policy Institute, KNEA, Open records, Regulation, Sam Brownback, School choice, Tim Huelskamp, Wichita city council

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Sustainable planning: The agenda and details

by Bob Weeks on December 16, 2011

Sedgwick County Commissioner Richard Ranzau has produced a document that explains the dangers contained with the “sustainable development” movement that is spreading across the country. Recently both the City of Wichita and Sedgwick County voted to participate in a planning grant devoted to starting the implementation of this ideology that government can plan better than markets can.

In the document Ranzau writes: “Proponents of these grants often speak in general terms that make it difficult to disagree. But as they say, the devil is in the details. It is very important for you to know what they are not telling you. We all need to look beyond the fancy talk and find out what the agenda is really about. … The intent of this paper is to share information and insight about ‘sustainable development’ so that citizens and elected officials can have a more complete understanding of what the planning grants will entail and what possible consequences our communities may face if these policies are implemented.”

One of the concerns Ranzau identifies is the attack on the automobile-based suburban lifestyle that many in Wichita and the surrounding area prefer, based on their revealed choices: “One of the most important reasons to be concerned about the agenda behind these grants is the effect it could have on housing costs and property rights. Smart Growth supporters decry suburban development (single family home with a yard) as unsustainable and work to push people into high density housing (and government transportation).”

This attitude is creeping into Wichita. At a January 2010 presentation by Goody Clancy, the planning firm that developed the plan for downtown Wichita, I reported on the attitudes expressed by planners and how they believe they know what people should want, if only the people were as smart as the planners:

At a presentation in January, some speakers from Goody Clancy revealed condescending attitudes towards those who hold values different from this group of planners. One presenter said “Outside of Manhattan and Chicago, the traditional family household generally looks for a single family detached house with yard, where they think their kids might play, and they never do.”

David Dixon, who leads Goody Clancy’s Planning and Urban Design division and was the principal for this project, revealed his elitist world view when he told how that in the future, Wichitans will be able to “enjoy the kind of social and cultural richness” that is only found at the core.

The document holds many links to valuable resources, a timeline of sustainable planning activities, and contact information for local officials.

Sustainable Planning Grants and UN Agenda 21

Tagged as: Environment, Free markets, Liberty, Property rights, Regulation, Richard Ranzau, Sedgwick county government, Wichita city government

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CSAPR not friendly, not a ghost

by Guest Author on December 11, 2011

The following piece by Kansas Representative Dennis Hedke (district 99, Andover and parts of far east Wichita) illustrates another way in which the U.S. Environmental Protection Agency (EPA) overreaches. Hedke is a geophysicist by training and profession.

Every citizen on the planet bears a responsibility toward stewardship of the environment. In the United States we have been blessed by much improved air and water quality over many decades of dedicated effort. There are, however, practical limits as to how far to push the envelope of “clean.”

The article presented by the U.S. Environmental Protection Agency (EPA) in the Wichita Eagle on December 4, 2011 spoke to newly created rules placed on utilities, primarily targeted at coal-burning power plants. These new regulations fall within the “Cross-State Air Pollution Rule,” or CSAPR.

EPA claims it will “protect hundreds of million of Americans, providing up to $280 billion in benefits by preventing tens of thousands of premature deaths, asthma and heart attacks, and millions of lost days of school or work due to illness,” due to the cleanup of mercury, sulfur and nitrogen oxides, and other emissions.

Exactly where did the EPA come up with these incredible health benefits?

According to a Wall Street Journal citation on December 6, 2011, “… the EPA estimates that the benefits to society from mercury reductions in the utility rule max out at $6.1 million, total, while imposing $11 billion in compliance costs annually.”

Can the EPA cite for me, and the rest of Kansans who wish to know, evidence for any individual living within a 25 mile radius of the Jeffrey Energy Center near St. Mary’s, KS, who has experienced respiratory illness as a direct result of the emissions coming from that plant? Has there been a single lost day of school for any student in the St. Mary’s district due to the emissions coming from that plant? Has anyone lost a day of work as a direct result of emissions coming from that plant?

If and when EPA conducts an epidemiologic study to answer those questions, I predict the answers will be no, no, and no. The Kansas Department of Health and Environment has confirmed that no such studies have been conducted anywhere in Kansas.

Yet, the EPA would have us believe that they will be protecting hundreds of millions of Americans from multiple hazardous substances being emitted, and carried ‘downwind’ to Chicago, Pittsburgh, and of course New York City and EPA Headquarters in Washington, DC. I submit they would love to have our air quality. There is something very wrong with this picture.

Jeffrey Energy Center (through Westar ratepayers) has invested in excess of $600 million within the past decade to retrofit and materially reduce sulfur oxides by 82% and nitrogen oxides by 48%, and other particulates that may be in some way challenging the health profiles of residents proximate to the plant. Not enough according to the EPA.

Behind the scenes, EPA claims their models conflict with models of other entities, and that rolling brownouts and blackouts won’t happen next summer, as a result of mandatory plant shutdowns. That’s not what has been publicly reported by Westar and many others.

I’ll go with Westar, and the others.

Casper, please lend us a hand.

Tagged as: Environment, Regulation

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Pompeo: Obama, EPA not to be trusted on regulation

by Guest Author on December 8, 2011

U.S. Representative Mike Pompeo, a Republican who represents the Kansas fourth district, wrote this op-ed to warn us of the many ways in which President Barack Obama seeks to implement his radical agenda through regulation, this time through the Environmental Protection Agency (EPA). The remedy in this case is in the form of legislation, H.R. 1633, the Farm Dust Regulation Prevention Act. The bill was voted on today in the House of Representatives and passed 268 to 150.

While Pompeo focuses primarily on the direct impact of this regulation on farmers and ranchers, anything that makes these activities more difficult and expensive will drive up food costs for everyone, and many complain that these costs have been rising rapidly. Part of that rise, we might note, is due to regulations that require the use of ethanol in fuel, which diverts corn production away from food.

A version of this appeared in the Washington Examiner.

EPA must stop playing in the dust

By U.S. Representative Mike Pompeo

The Environmental Protection Agency (EPA) would like to regulate farm dust all across the nation. I know it sounds ridiculous, but given the Obama Administration’s demonstrated hostility toward rural America, it should not come as a huge surprise. Although EPA has verbally reversed course in recent weeks and said it has “no intention” of regulating farm dust, my 11 months in Washington have taught me quickly that we must pay attention to what politicians do and not what they say. EPA’s actions continue to show that radical environmentalists desire to regulate dust. To stop the EPA in its tracks, I have worked to advance H.R. 1633, the Farm Dust Regulation Prevention Act, through the House Committee on Energy and Commerce. I look forward to final passage on the House Floor later this week.

In Kansas and across the country, businesses are struggling to stay afloat. At best, EPA is oblivious to this fact. At worst, it deliberately presses forward in spite of the damaging consequences of new regulations. Rather than helping farmers, ranchers, business owners and other entrepreneurs, EPA continually bombards these job creators with undue and costly new regulations. The agriculture sector is now holding its collective breath as EPA considers new air quality standards, which it revises every five years. Under the Clean Air Act, the Agency asserts the authority to regulate farm dust as “coarse particulate matter.” This dust is known very well to rural Kansans. It is merely the dust created from driving down unpaved roads, moving livestock, and working the fields.

As it is, the current standard already imposes costs and restrictions on farmers, ranchers, agribusiness entities, and small businesses, particularly in arid parts of the West where dust is easily kicked up. Earlier this year, EPA staff suggested tightening standards to levels that would push most of the West — including Kansas — out of compliance.

In a recent House Committee on Energy and Commerce hearing, we heard from individuals who live in these areas, including Arizona farmer Kevin Rogers, who is already threatened by strict dust regulations. Because parts of Arizona already struggle to meet the current dust standards, he and other farmers may be required to halt tillage, drive at a snail’s pace on unpaved roads, stop work entirely on windy days, or take other expensive measures to reduce dust. If the dust standards are actually tightened to the levels suggested by EPA staff, other parts of the country would have to implement similar policies that will destroy the efficiency and productivity our farmers and ranchers are known for.

Opponents of our efforts call the desire to regulate farm dust a ‘myth’ and liken these concerns to worrying about regulation of fairy dust. While these theatrics garnered some snickers, I was not amused — and neither were the 500 plus Kansas Farm Bureau members I met with just before Thanksgiving who agree that this is a real problem. We need the bipartisan Farm Dust Regulation Prevention Act. The American Farm Bureau Federation, National Cattlemen’s Beef Association, and over 180 other organizations also agree that this valid concern with what EPA might do is more than fairy dust, and they know that this bill is vitally important to the survival of their industry.

EPA Administrator Lisa Jackson has announced that the agency has “no intention” of further regulating dust. But that announcement sounds more like political rhetoric designed to appease opponents as the 2012 election cycle nears, rather than a genuine promise rural Americans can count on. Given what I know, I would be letting farmers and ranchers down if I simply trusted the Obama Administration on their stated farm dust intentions. Besides, there is also a threat that an environmental group could sue and persuade a pliant EPA to regulate farm dust as a settlement condition. We need smart and clear laws set by Congress — not unelected bureaucrats. The Farm Dust Regulation Prevention Act is one. We must ensure that the federal government creates a positive atmosphere for businesses to prosper — including farming and livestock operations. It’s time to forget about regulating farm dust and give rural America some breathing room from the crushing regulations of which this Administration is so fond.

Tagged as: Barack Obama, Environment, Kansas fourth district, Mike Pompeo, Regulation

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Regulatory Accountability Act of 2011

by Bob Weeks on December 7, 2011

Last week the U.S. House of Representatives passed H.R. 3010: Regulatory Accountability Act of 2011. This law would, if passed by the Senate and signed by the president, would require regulatory agencies to “base all preliminary and final determinations on evidence,” among other reforms. It might surprise citizens to realize that regulations may be made for other reasons.

The act would also requires agencies to address “specific nature and significance of the problem,” the “significance of the problem the agency may address with a rule,” and also to recognize “the legal authority under which the rule may be proposed.”

In commentary on this legislation, James L. Gattuso of the Heritage Foundation wrote: “On the whole, the Regulatory Accountability Act represents a positive step toward regulatory reform, imposing clear obligations on agencies with review by the courts. It should, however, be considered by Congress as a supplement — not an alternative — to other needed reforms.”

All Kansas representatives voted for the bill, which passed 253 to 167. Votes were split primarily along party lines, although 19 Democrats voted in favor. Two Kansas members provided comments on the bill, and shared Gattuso’s opinion that this bill is just the start of controlling harmful and unneeded regulation.

Representative Tim Huelskamp of the Kansas first district commented on the bill and the potential of it passing the Senate: “HR 3010 — like several other bills that would require economic impact to be taken into account when regulation is being written — has the potential to control the costs of federal regulations. But, it’s just potential. I am about as optimistic as the Senate taking up this bill as I am about the Senate taking up any one of the nearly two dozen other ‘jobs’ bills or passing a budget. Majority Leader Reid is doing America a great disservice by allowing these jobs bills to go untouched in the Senate; the American people don’t send their Senators to Washington to loiter for six years.”

Representative Mike Pompeo of the Kansas fourth district was also cautious about relying on this bill to provide needed regulatory reform: “The Regulatory Accountability Act of 2011 (HR 3010) is a great piece of legislation, but it is not the silver bullet for reining in the Obama Administration’s rampant regulatory overreach, which is severely hindering job creation across the country and here in Wichita. While the Administration is ‘strongly opposed’ to the bill, they have not issued a veto threat, yet. Even still, I doubt this bill will pass the Senate. Tomorrow the House will consider a stronger piece of legislation — The REINS Act (HR 10), of which I am a co-sponsor. HR 10 would require Congressional approval of every major new regulation proposed by this Administration. Ultimately, if passed into law, it will radically slow the expansion of government which is something that I have been working to do in every way since I got here in January.”

The House is expected to vote on the REINS Act today.

Tagged as: Kansas first district, Kansas fourth district, Mike Pompeo, Regulation, Tim Huelskamp

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Kansas gas storage regulation might not improve safety

by Bob Weeks on December 2, 2011

Due to a jurisdictional issue, underground natural gas storage facilities in Kansas have not been inspected for 19 months — at least not inspected by government regulators. Senators Pat Roberts and Jerry Moran have introduced legislation that would allow Kansas to resume inspections.

The safety of underground natural gas storage is important, especially in Kansas, where in 2001 gas leaked under Hutchinson and caused fires and explosions that killed two people and caused much property damage. So should Kansans be relieved that government regulation and inspection may be resumed soon?

Reading news stories from after the January 2001 Hutchinson disaster should teach us to be wary of relying on government regulation and inspection for ensuring safety. For example, a February 2001 in the Wichita Eagle contained this: “State officials in Kansas knew that the 20-year-old regulations governing underground gas storage were inadequate, years before a gas leak in Hutchinson claimed two lives. Officials with the Kansas Department of Health and Environment met with industry representatives in 1996 and told them new regulations were needed to ensure safe operation of 630 gas storage wells in the state. The new regulations were never written. The update was delayed because the KDHE was short staffed, said Don Carlson, chief of the industrial programs section. The department has two people assigned to permit, inspect, oversee and write regulations for the 6,000 underground injection wells in Kansas that are used to store natural gas and propane, dispose of hazardous waste or mine salt, he said.” (emphasis added)

So for 20 years Kansas operated with inadequate regulations. Was this know by the general public? It doesn’t appear that it was. Instead, people assumed that government was watching out for their safety.

The Hutchinson News concluded in 2004: “True, some of the company’s reports misled the regulator. But the state official also did little, if anything, to check the company’s information or to inspect the site. A local diner serving two dozen cheeseburgers a day received more attention than an underground facility storing billions of cubic feet of natural gas and other volatile hydrocarbons.”

So how well were Kansans served by its regulators? Not well at all, we must conclude.

Eventually the operators of the gas storage facility were held accountable for their errors. But it wasn’t direct government action that did that, although the operators were fined $180,000. But government operates courts where the victims received compensation for their losses — if it is possible to compensate for loss of life with mere money.

What about the other party to this disaster — the State of Kansas: Was it held accountable? Not at all. Examples of regulatory failure rarely result in punishment of government or those who work for it.

A recent example is the Washington Post story Eight SEC employees disciplined over failures in Madoff fraud case; none are fired. Bernie Madoff stole tens of billions from clients over a long period of time in a highly-regulated industry. The Securities and Exchange Commission chief was advised to fire one person, but declined to do even that. Instead, eight employees received punishments such as “suspensions, pay cuts and demotions.”

Not only did the state not perform adequate inspections, and not only did the SEC fail to detect Madoff’s ongoing theft, the presence of government regulation makes people think things are safe.

Sadly, it is only after disasters like Hutchinson or sensational cases like Madoff’s that we become aware of the weak protections that government regulation provides.

Tagged as: Jerry Moran, Kansas state government, Pat Roberts, Regulation

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Kansas and Wichita quick takes: Thursday November 3, 2011

November 2, 2011

Today: Energy bill to be introduced today; Crony capitalism disputed; Kansans For No Income Tax; Misguided efforts to improve capitalism; Markets: exploitation or empowerment?

Tagged as: Capitalism, free, Government spending, Interventionism, Kansas state government, Mike Pompeo, Regulation, Sedgwick county government, Taxation

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