Coyote Blog

A reader sent me this, and I was just floored.  The California Air Resources Board (CARB) is asking for legislation to ban black cars in California

The California legislature is considering regulating the color of cars and reflectivity of paint to reduce the energy requirements to cool them. A presentation on the proposed legislation by the California Air Resources Board is below.

The problem isn't the color per se, but the reflectivity of the paint overall. And dark colors just don't reflect well, so they are likely out. "Jet black remains an issue," says the report.

Anyone who's ever entered a very hot car knows that it can be cooled down immediately by driving a few feet with the windows open, effectively neutralizing any color-caused heat issues before engaging the air conditioner. But whatever, black is evil.

Un-freaking-believable.  This is what happens when you satisfy an emissions reduction goal (in this case CO2) via complex command-and-control legislation rather than simpler price mechanisms.   Earlier, I told the story of how California adopted an increasingly sprawling CARB micro-management of their economy to reduce CO2 rather than implementing earlier proposals for a simple carbon tax.

I tell folks all the time -- there are very few bad people in government, just people with very bad incentives.   Government inspectors are no exception.  They look around them and see falling government tax revenues.  They know that state and local governments are looking to cut costs, and they know further that lawmakers are likely to look at falling construction starts and reduced business activity and say "I bet we could do with fewer inspectors."

So state inspectors, naturally, want to hold onto their jobs, so they have to go out and look busy.   One way to look busy (and to further look like one is being useful) is to be more picky about small, meaningless violations. Writing up more violations makes it look like one is needed (after all, if there are so many violations out there, surely we need inspectors to find them).  Also, violations demand return visits and follow-up inspections, which again create the illusion of activity.

Which leads to stuff like this:

Sherrie Nielson owns two Chandler bars, antique-filled Priceless Too at Alma School and Elliot roads, and Priceless Primetime at Dobson and Elliot.

An inspector with the county department of environmental services has told her she needs to install a sink at the bar so it's convenient for the bartenders to wash their hands

Nielson has one sink in the bar area, but that's for washing glasses. County regulations say employees can't wash their hands in the same sink that they wash dishes.

"I've owned 'Too' for 30 years," Nielson said. "The sink we use is probably 20 feet in a different direction. . . . I have a dishwashing sink; (the inspector) wants a hand sink next to it."

Nielson says counting the sinks in the kitchen and the restrooms, she has four sinks available for washing hands. But the key point is that it has to be convenient for the bartender.

"If I don't comply, they will start proceedings to shut me down," she said.

Johnny Dilone, a spokesman for the county environmental services department, verified that Nielson's license could be revoked if she doesn't install the new sink.

This story resonates with me, as we have had to fight the sink battle in a number of locations as well.  Take one small store we run in a state park in northern California.  Because we make coffee there, we must comply with food preparation rules (including 8 hours annually of training, lol.  I am not a coffee drinker, but for all that I sure hope we have good freaking coffee).  We eventually had to install:  A three sink dishwashing station, a sink in the employee bathroom, a separate sink for handwashing in the store a few feet from the sink in the bathroom, and a mop sink.

The problem is that the regulations are confusing, and no one in the local health department would look at our plans in advance.  Obviously, it is a lot easier to fix missing sinks and such at the planning stage, but the health department in this county would only inspect actual facilities, so would only tell us if our design met their requirements once it was built!

One of the images I remember form reading Atlas Shrugged was of darkened skyscrapers, as the government forced the closure of the upper stories of buildings to save energy.  Only building owners with political pull were excepted.  It seems San Francisco is following a similar plan:

Turn the lights out -- or pay.

That's the message of legislation being revived by Board of Supervisors President David Chiu, who will introduce a measure Tuesday mandating that skyscrapers turn off all nonemergency lights at night as a way to save energy. The introduction comes just days before Earth Hour Saturday, in which people are urged to turn off their lights for an hour at 8 p.m.

The legislation is essentially a new run at a law introduced a year ago by former board president Aaron Peskin that ultimately withered after strong opposition by the Building Owners and Managers Association of San Francisco. (We couldn't reach them by press time Monday). Peskin's proposal mandated building owners turn the lights out, or face administrative fines, but it was criticized as difficult to enforce. Chiu actually pushed Peskin to introduce that legislation, he said.

I would have assumed that if electricity consumption were really so high and so useless, that building owners would have had sufficient reason on their own to turn lights off.  After all, isn't it already turn the lights out or pay?  Unless of course electricity is free in SF.

One problem poorly understood by academics and government officials is that many folks outside of government actually work longer than a 9-4 work day.  As it happens, I am in my office tonight, likely until midnight, catching up on some things I could not with the phone ringing off the hook all day.  The only time I have ever occupied prime downtown real estate in an office tower was when I consulted with McKinsey & Co., and I can say for sure that there was seldom if ever a night when there weren't people in the office working well past midnight  (unfortunately, I was often one of them, which explains why my consulting career outlasted the birth of my first kid by only as long as it took me to find a new job).

Postscript: There is an incentive mis-match at work here in most leases.  Few commercial leases include individual metering for utilities, since most buildings are not set up for it  (it would actually be moderately hard, since office space is often reconfigured over time, shifting from one suite to another).  As a result, there is a kind of tragedy of the commons where renters pay their share of average use for all occupants, diluting the effect of their own usage on their own bills.  I am not sure how fining building owners when their tenants work late is going to help, though.

At the end of the day, this is all micro-managed bullsh*t.  If you want less electricity usage, raise rates, and let individuals figure out how to get the savings.  Just because a particular use (eg night lights in skyscrapers) is the most visible to policy makers does not make it the marginal use or the low hanging fruit for energy savings.

I don't have time right now to editorialize in depth, but I found many of the links in this Reason piece on newspaper bailout proposals to be really creepy.  Nothing could be worse for the First Amendment than making news organizations dependent on government largess.   This bit from the Nation is not only totally misguided, but it demonstrates an utter lack of understanding of history, to the point of demonstrating contempt for hist0rical accuracy:

Only government can implement policies and subsidies to provide an institutional framework for quality journalism. [...]

Fortunately, the rude calculus that says government intervention equals government control is inaccurate and does not reflect our past or present, or what enlightened policies and subsidies could entail.

Our founders never thought that freedom of the press would belong only to those who could afford a press. They would have been horrified at the notion that journalism should be regarded as the private preserve of the Rupert Murdochs and John Malones. The founders would not have entertained, let alone accepted, the current equation that seems to say that if rich people determine there is no good money to be made in the news, then society cannot have news.

I find the arguments that such intervention is needed because publishing is too expensive and effectively excludes all but the largest players to be hilarious in the Internet age.  The real problem of newspapers is in fact that it has become so cheap to publish, and competition is rampant.  The problem papers are struggling with is not monopoly, but just the opposite -- that their historic monopoly is gone.   (Take yours truly, for example.  With a $10 a month hosting fee and some of my free time, I have a circulation of almost 5,000 per day).

This appears to me to be yet another veiled attempt by current incumbents to use the government to give them a boost against competition.  Murdoch's empire is utterly assailable -- all you have to do is a better job.   The only thing that makes a business position unassailable is government protection or political advantage aimed at selected players.

Which reminds me of an interesting story.  Ben Franklin  (you know, one of those founders that the Nation refers to as horrified by domination of journalism by moneyed interests) is pretty famous for being among the country's first postmasters.  Before the Revolution, he was postmaster of Philadelphia and later one of the lead postmasters for all the colonies.  We all read in school how he did all kinds of innovative things, because Franklin was a freaking smart guy**.

What you may not know is why he sought out the postmaster job.  Ben Franklin was a printer, and a large source of income for him was running a periodical in Philadelphia  (the names changed over time but among them were the Philadelphia Gazette).  At the time, there were no wire services  (and no wires!)  News came via mail.  Franklin actively sought the postmaster job as a way to get special, privileged access to the mail, which he monitized via his publications.   He had fresher news, and he used the mails to deliver his own publication to customers for free  (a right competitors were not granted)  In a strategy that he did not invent (it was fairly common at the time, and in fact he took the Philadelphia job from his main journalistic competitor who had pursued the same strategy) the surest route to success in the newspaper business was to secure an advantaged position via the government, specifically in a postmaster role.

I am perfectly happy not to go back to this model.

** Postscript:  Franklin seldom gets credit in popular literature for the real areas he contributed to science.  Everyone knows the kite in the thunderstorm story, but I always thought this kind of made him look like a goof, rather than a real scientist.  But Franklin did some real theoretical science, for example by describing what was really going on in a Leyden jar, and substantially advancing how scientists thought about electrical charge and capacitance.

We have taken over a demolished campground near Guntersville, AL  (Honeycomb, if anyone is familiar with the area) and are currently in the process of rebuilding it and opening it to the public.  We have not previously done business in Alabama, so here is what we have had to do so far to be legal:

1.  Identified and retained an attorney in the state to act as our registered agent (required for in-state process service)

2.  Registered as a "foreign corporation"  (foreign meaning we are from another state) with the Secretary of State

3.  Registered with the state for a Corporate income tax number

4.  Registered with the state for a business privilege tax number  (Nothing sets me off faster than when I get the pious "doing business in our state is a privilege" spiel from a state.  What an awful theory of government and individual rights that statement represents!)  The privilege tax (which is in some sates, like AZ, a euphemism for sales tax)  seems to be a second income tax in AL, calculated on a slightly different basis. (Update: apparently the first year's taxes must be paid in advance, at the time one starts business in the state).

5.  Registered with the state (yes, with another ID number) to collect sales taxes

6.  Registered with the state to collect lodging taxes  (By the way, spent a couple of hours with the code trying to figure out what these taxes apply to and what they don't, as this varies by state.  Also, the tax rate tables are a complicated mess, and can vary for two locations located a few yards from each other).

7. Registered with the County (yes, with another ID number) to collect county sales tax.  Actually, they outsource this collection to a private company called "Revenue Discovery Systems" which is a nice Orwellian name for a private tax collector.  Is tax farming coming back in vogue?

8.  Registered with the County to collect county lodging tax.   (sigh, we are going to have to file multiple reports each month to report all of our transaction taxes - some states actually have unified reporting and payment).

9.  No city taxes, it turns out, because we are just outside of any incorporated areas.  Thank goodness for small favors

10.  Registered for state unemployment taxes  (yes, with another ID number).  This was one of those circularities that really drive you crazy.  I can't pay people until ADP has the state set up for us in the payroll system, but they need an unemployment number that the state refuses to provide until we have issued at least $1500 in state payroll checks.  Arrrgghhh.  Fortunately (?) ADP will go ahead and start issuing the checks without a number, but there is a $50 per month fee for doing so.

11.  Registered for state income tax withholding (yes, with another ID number).  Again, need this to pay people legally

12.  Don't know yet if there is County withholding.  There are county income taxes in some places.

Expect in these forms to fill out the exact same data over, and over, and over again.  The state will maintain corporate records in about 6-8 parallel data bases and corporations are responsible for keeping every one of these data bases correct.

What I have not done yet, but know from experience I will have to do

1.  Obtain county occupancy permits or licenses

2.  Obtain county and/or state health inspections

3.  Obtain Coast Guard inspections of the docks

4.  Register with the state and/or county to pay personal property taxes

5.  Get miscellaneous bizarre licenses that are absolutely unpredictable and impossible to discover until we are in violation, like the egg merchant license in KY and CO.

I thought for about 3 microseconds about selling beer and wine in our store, but I am sick and tired of the intrusive, picky, petty, and time-consuming liquor licensing processes in most states, and the income we make from alcohol sales simply doesn't measure up to the hassle.

Postscript: I try to remember that we should actually be thankful for this mess.  Though it represents almost 20 hours of my personal time to set up, and hours of time each month  filling out forms and reports, not to mention thousands of dollars a year to ADP to help manage, this mess is still orders of magnitude better than what an entrepeneur would face in France or Germany.

I have been negligent in covering some of the nuttiness that is resulting from the CPSIA, the law last year passed in response to the Chinese toy recalls that allows greatly increased regulatory authority (requiring extensive testing of every lot, aircraft-manufacturing-like supply chain documentation, etc) over the entire toy distribution chain for certain perceived health threats like lead and pthalates.  Worse, the law provides enormous openings for third party groups to sue for ridiculous amounts of money over unproven health risks.  It is not clear to me a group suing under this law even needs to prove injury, but just some mythical small percentage chance of potential injury.

What all the targets of this law have in common are absurd overreactions to trivial risks of ingesting microscopic quantities of certain substances like lead.  Recently, a whole bunch of mini-bikes were taken off the market because 12-year-olds might suddenly start gnawing on the engine parts and ingest some lead.  For reasons that are not really clear to me, this country finds it impossible to rationally assess risks -- we have schools shut down with hazmat teams called out to clean up the mercury when someone drops a thermometer in the lab, while day after day the school probably serves fish in the cafeteria with higher mercury content than any kid would get from being near a broken thermometer.

Overlawyered has been all over this story, for example here.  The most recent episode came the other day when an EPA spokesman suggested that all libraries needed to pull books from the shelves printed before 1985 because there might be a billionth of a gram of lead in the ink:

It's been a day of dramatic developments on the CPSIA-and-libraries front. An Associated Press article out yesterday quoted Scott Wolfson, a spokesman for the Consumer Product Safety Commission (CPSC) as officially urging the nation's libraries to remove from their shelves children's books printed before 1986 until more is known about their possible dangers from lead in their inks, dyes and pigments:

Until the testing is done, the nation's more than 116,000 public and school libraries "should take steps to ensure that the children aren't accessing those books," Wolfson said. "Steps can be taken to put them in an area on hold until the Consumer Product Safety Commission can give further guidance."

Within the day, however, commission chief of staff Joe Martyak said that Wolfson had "misspoke", and that the commission has neither concluded that the books might be dangerous nor recommended that libraries take any action. An early version of the AP story is here, with the Wolfson quote, and a later version here, for purposes of comparison.

It's not as if Wolfson was making things up here. As readers will recall, one of the two CPSC commissioners, Thomas Moore, called weeks ago for some undefinedly large share of old books to be "sequestered" from children for the time being. However, the full commission has left the issue up in the air rather than endorsing Moore's view.

Thomas Sowell, via Carpe Diem:

The current political stampede to stop mortgage foreclosures proceeds as if foreclosures are just something that strikes people like a bolt of lightning from the blue-- and as if the people facing foreclosures are the only people that matter.
What if the foreclosures are not stopped? Will millions of homes just sit empty? Or will new people move into those homes, now selling for lower prices-- prices perhaps more within the means of the new occupants?

The same politicians who have been talking about a need for "affordable housing" for years are now suddenly alarmed that home prices are falling. How can housing become more affordable unless prices fall?

The political meaning of "affordable housing" is housing that is made more affordable by politicians intervening to create government subsidies, rent control or other gimmicks for which politicians can take credit. Affordable housing produced by market forces provides no benefit to politicians and has no attraction for them.

In the wake of the housing debacle in California, more people are buying less expensive homes, making bigger down payments, and staying away from "creative" and risky financing (see chart above). It is amazing how fast people learn when they are not insulated from the consequences of their decisions.

Tigerhawk asks:

If the CEOs of banks that take federal money, including those who took federal money only after Hank Paulsen essentially ordered them, have their salary capped at $500,000, under what principle do we allow universities that request federal funding to pay their own presidents much more money? Is there a rational basis for the distinction, or is it simply that the Democrats do not want to go after one of their most important constituents?

Forget about the university presidents, what about the football coaches?  One Hundred Billion dollar banks can't pay their CEO's or deal-makers more than $500,000, but state-run football programs can pay their coaches $ 4 million dollars?

I have been taking a series of courses on reformation-era Europe. Having just completed a general course on the Reformation, I am now completing a course on the Tudors and Stuarts in England, a period of time whose history is highly colored by the Reformation.

One of the issues that Protestants had with the Catholic Church (and later with the Anglican Church) was the church hierarchy. Of course, the Pope always came in for criticism (this probably being too mild a word for burning in effigy) by English protestants, but bishops and other elements of church hierarchy also came in for attack. In fact, the Presbyterians, probably the largest non-Anglican Protestant sect in 17th century England, took their name from the presbyters, who were essentially a council of laymen or elders who ran the church (as an alternative to Popes and bishops and such).

One of the difficult issues for the modern American mind to wrap around is the state involvement with religion on these times. Taking just this one issue of church organization and hierarchy, we see a dizzying back and forth in the Anglican Church as a result of swings in religious affiliation and outlook of the monarch and the Parliament. Bishops get tossed from the Anglican Church, then Bishops are reinstated, then they get tossed, and then they get reinstated.   All this punctuated by the occasional execution or locking in the Tower of the odd bishop.  It was deadly serious at the time, but seems a silly pursuit for government today.

Except, I guess, in Connecticut, where the spirit of Oliver Cromwell and the Roundheads is alive and well. Because, apparently, the state legislature has introduced a bill to remove priests and bishops from the management of Catholic Church corporations and insist on a council of laymen instead. Weird how history repeats itself, even when you thought it was most unlikely to do so.

Disclosure: I am not Catholic, nor Presbyterian, nor particularly religious.

I found out today, the hard way, that Arizona has a law specifying exactly how a pool contract is to be paid for a pool construction or renovation job.  Yes, we sure would not want to leave it to individual choice and negotiation to determine contract terms.  The craziest part is that I am required, by law, to pay 100% of the cost of the job to the pool contractor before the gunite or finish coat of the pool is shot.  In other words, I must pay all of the contracted price before the job is complete with no hold back.

This is absolutely crazy.  I have never in my life not had a hold-back in a construction contract.  Three times  (all with my company) I have had contractors go bankrupt or disappear before the job is complete, in at least two cases leaving so much work unfinished that even the hold-back was not enough to cover the loss.   Typically, contractors bolt before the punch list is complete, and only the hold-back keeps them focused at all on finishing the job to my satisfaction.  I am not happy, particularly since Phoenix pool contractors are going bankrupt right and left in this economy.

This is yet another example where "regulation" in fact means "in the tank for favored industries that make campaign contributions."

Michael Smith comments over at EconTalk on a comment by one Mark K (via Cafe Hayek)

Mark K wrote:

These jokers on Wall Street, who according to Russ made "˜innovative' products like credit default swaps, showed us unregulated free market capitalism in all its glory.

The notion that we have an "unregulated free market" is false.

If we had an unregulated free market, the organizations and individuals that made stupid investment decisions -- those "jokers on Wall Street" -- would now be bankrupt, to be replaced by more competent organizations and managers. Instead, under the current system, they are "bailed out" -- at your expense -- and allowed to continue operating.

If we had an unregulated free market, the investment rating agencies that rated securities containing subprime loans as "AAA" would be disgraced, bankrupt and out of business -- no one on earth would deal with them any longer -- they wouldn't be able to pay people to use their services. Instead, under our current system, not only are all those rating services still in business, the S.E.C. requires that all issuers of investments use those rating agencies.

If we had an unregulated free market, no one would be forcing bankers to make riskier loans than they wish to, as is currently done by legislation such as the Community Reinvestment Act and threats of lawsuits from organizations like ACORN and from the Federal Government"˜s Justice Department (Clinton"˜s DOJ filed 13 major lawsuits against banks for failure to lend to "minorities").

If we had an unregulated free market, there would be no central banking entity in charge of a fiat money supply with the ability to:

a) Make vast amounts of credit available at below-market interest rates.

b) Follow such a persistent policy of inflation as to convince virtually everyone in the country that purchasing a house is "a good investment".

c) Eliminate ( or at least significantly reduce) risk aversion by guaranteeing bankers that they (the Fed) will always be there as "lender of last resort".

d) Condone and make possible a preposterously over-leveraged fractional reserve banking system under which banks currently hold total reserves of only about 4% and are thus extremely vulnerable to any sort of a run or loss of confidence in the bank.

If we had an unregulated free market there would be no quasi-government entities like Fannie and Freddie and the FHA to insure that trillions of dollars of that cheap credit made possible by the Fed was directed into the residential housing market, producing an unsustainable boom in housing construction, which, when it ends, leads inevitably into an economic bust.

If we had an unregulated free market, the Federal Government would not now be contemplating looting the American taxpayers of another trillion dollars or so to pay off various special interests that helped the latest collection of looters get into power.

We don't have an unregulated free market. We have a "mixed economy", with a few elements of capitalism struggling under the weight of literally thousands of pages of rules and regulations and dozens of government agencies interfering in virtually every aspect of our economic lives.

And under this set-up, it is you, the "little guy", the individual who doesn't have a powerful lobby in Washington to get the rules bent in your favor -- you, who cannot command an audience with Congress to beg for your personal bailout -- you, who can do nothing as government uses your funds to save the incompetent and the dishonest from the consequences of their own actions -- it is you who gets screwed.

We don't have an unregulated free market; we have an out-of-control government intent on looting us blind.

Announced today:

President Barack Obama on Wednesday imposed $500,000 caps on senior executive pay for the most distressed financial institutions receiving federal bailout money, saying Americans are upset with "executives being rewarded for failure."...

The pay cap would apply to all institutions that have negotiated agreements with the Treasury Department for "exceptional assistance." Those would include AIG, Bank of America and Citi.

Firms that want to pay executives above the $500,000 threshold would have to use stock that could not be sold or liquidated until they pay back the government funds.

I don't get too worked up about this one way or another.  Once the government is a part owner of these companies, it is perfectly reasonable to expect them to dabble with things like compensation policy, and no surprise that focus of such dabbling would fall on whatever particular hobby horses the party in power seem to obsess about.  Which is reason #4097 why government shouldn't be bailing these guys out.

In terms of executive compensation, options have fallen a bit out of favor as executives have sought more of a guaranteed payday, and changing accounting rules and more scrutiny have made that harder to do with options.  The concern is,  of course, stock prices can fall or even go to zero and that part of the compensation package would be worth zero.  Executives are generally happy to take risks but only with other people's money (people who take risks with their own money are called entrepreneurs).

But in this case, most of these companies' stock is at what is likely to be the bottom, and each has the commitment of the government now not to let them go bankrupt, so the danger of stock values going to zero is, well, about zero.   Would you take warrants in a company priced at the market trough and with the US government guaranteeing the floor beneath you?   I can't think of a better time to get equity or option-based compensation, and so expect to see a lot of it in order to circumvent the $500,000 limit.  And a lot of big paydays 5-7 years hence.

I have written on this topic quite a bit, but via Cato comes another great example of how licensing and regulation, while promoted as consumer protections, much more frequently are incumbent protection against new competitors.  Cato has a video of some folks in Oregon who started a moving business, only to find that sate law effectively requires them to get permission of current moving companies before they can operate  (apparently, someone in Oregon is enamored of medieval guild systems).

How the law works is that when a new mover submits his application for a business license, existing movers can file an objection (which apparently is pro forma).  The new company must then justify to the state why another moving company is justified by the marketplace.  Of course, absolutely no guidance is given how such a thing might be proven.

I would have found this unbelievable, had not my company faced the exact same requirement in another context.  In Shasta County, California, we wanted a liquor license to sell beer at the store we run at McArthur-Burney Falls State Park.  We were told that we could not have a license until we had proven to the County that there was enough demand for another liquor outlet.  It was for our protection, they told me -- we wouldn't want you to get in a situation where you might fail.

I have written about liquor licensing before - if ever there was a regulatory regime whose time was long past, this is it.  The extensive fingerprinting and background checks one must go through to get a license are outdated remnants of a concern for the return of organized crime, a problem that was obviated by legalization  (so that, as usual, the government regulatory regime to fix a problem was instituted at the same moment the problem went away).  Now, the liquor licensing process is used as a club by existing competitors to keep new entrants out.  My bet is that organized crime is now on the other side of the fence, using the liquor licensing process to hammer honest competitors.  And if you really want to see abuse, read the whole Rack 'N Roll saga by Radley Balko.

I bet you are just overcome with suspense wondering if we got our license.  In Shasta County, we eventually succeeded, mainly because the store was in a gated park with an entrance fee, and we could make the argument that competition did not really cross the gates of the park.  Years later, we lost a similar battle in Lake Havasu City, AZ, where a group of local business people have really organized the town to their benefit and use every tool they can, from zoning to licensing, to keep competitors out.

I don't think younger folks really comprehend the staggering environmental improvements we have made over the last 40 years.   Virtually every metric you can think of on air and water pollution has improved, not to mention the return to health of a number of high-profile species like the bald eagle.

So I am sure that had you told me in the early seventies that the main toxic threats that the government would be campaigning to protect us from in 2009 were carbon dioxide and salt, I would have thought you were crazy.

Coyote, December 2007:

I can for a moment place myself in a position where I would imagine being worried about CO2 and dependence on fossil fuels.  For someone who really cares about these things, here is what a rational energy plan would look like:

1. large federal carbon tax, offset by reduction in income and/or payroll taxes
2. streamlined program for licensing new nuclear reactors
3. get out of the way

Ronald Bailey, today:

Interestingly, Sen. Bob Corker (R-Tenn.) suggested to Gore during the hearing that a better proposal would be to impose an across-the-board carbon tax which would then be reimbursed entirely by cutting the payroll tax.

He has much more on problems of cap and trade in the article.  I have written many times on a carbon tax vs. cap-and-trade, indexed here.

A few posts ago I discussed some of the onerous build code hurdles we had to pass in retrofitting our house to pass a pool inspection.  In short, the code is designed to keep small children from getting out of the house on their own to a pool area.  Dead bolts must be 54" off the ground where they cannot reach them, the doors must have automatic closers (and thereby be difficult for small children to open) and windows cannot open wide enough to allow the kids to pass.  This is, of course, nominally for the safety of kids.

I pointed out one obvious critique of this regulation:  the vast, vast majority of kids do not drown in pools by sneaking out of the house.  They drown in pools when their parents know full well they are outside and fail to supervise them closely.

But I failed to discuss an even more obvious critique.  Can anyone see any possible problem with making it impossible for small children to exit the house?  Perhaps, say, in a fire?   Once I bring my house up to code, because none of the children's wing of the house has any window or door except to the pool area, the state will have made it absolutely impossible for small children to escape in a fire.   Yes, the state has forced me to turn the back of my house into a fire trap for kids.  That is, of course, unless I reverse all the changes 5 seconds after the inspector leaves my property, which of course I would never, ever do because I am a good American who pledged allegiance to the state every shool day of my childhood.

"Meanwhile, the city's legal department is looking to see what, if anything, it can do about the First Amendment banner."

Via Radley Balko.  The city told Herb Quintero that he did not have the right to paint a mural on the side of his building, and had to cover it up.  So he did, with a banner containing the text of the First Amendment.  Image from here.

Speaking of building codes, we are about to get some repairs on our pool inspected.  To pass the inspection on our pool, though, we have to spend thousands of dollars inside of our house.  Phoenix building codes require all kinds of crazy rules for home entry doors to the pool area.  For example, they all have to be self-closing and have to have deadbolts 54" off the ground, which I can assure you that no house built normally actually has. No window can open more than 4 inches.  This is a problem for us, because we have a series of French doors opening to the pool area, giving us 9 separate doors we have to modify or replace.  We are lucky we are grandfathered and don't have to put a fence around the pool area as new homes do (our backyard is fenced of course, but regulations require new homes to have a fence around the pool itself).  I know a lot of folks whose first activity in buying a new home is to pay someone to rip out the fence once the home passes inspection.

The rationale is to keep kids from drowning, I guess, but the number of kids who drown by sneaking out through 5 inch window gaps, or even unlocked doors, is vanishingly small  (the number of kids that drown in homes with no small kids is also small).   Kids drown when parents know they are outdoors but fail to supervise them closely.  We have no small kids in the house, but when we did, we supervised them very closely and put them through swim school before they were five.  But politicians, when there is a high-profile drowning, feel they need to "do something."  Since they can't legislate good parenting, they add to the already bloated building code, often sticking in pet requirements of lobbyists representing particular building materials and services.

Well, it turns out there are any number of companies in Phoenix who specialize in getting your home ready for this inspection.  They will come in and install all kinds of temprorary hardware, then come back after the inspection and remove it (filling and patching screw holes and the like).  Talk about dead-weight loss.

TJIC gives Meaghan Cheung -- who was chief of the enforcement division for the NYC branch of the SEC when Madoff was first investigated but who now claims to be an anonymous bureaucrat; and who ignored a number of detailed whisteleblower accounts that something was not right in the state of Madoff back in 2006; and who signed the report giving Madoff the "all clear, keep sending him your money" finding-- exactly as much sympathy as she deserves.

You see, kids, government has to closely regulate evil capitalists, because these capitalists sometimes make investment mistakes, like making highly leveraged investments in risky bubble assets.  The government must be the one to watch over their shoulder, because well-meaning public servants would never make such a mistake themselves:

The California Public Employees' Retirement System (CalPERS)is now warning California's cities that they may have to cough up more money to cover the retirement and other benefits the fund provides for 1.6 million state workers, reports the Wall Street Journal. Some communities are already cutting municipal services and they are blaming CalPERS, not Proposition 13. Dan Cort, mayor of Pacific Grove, has been quoted as saying, "CalPERS could bankrupt us faster than anything else."

According to the Journal, CalPERS has lost almost a quarter of the $239 billion in assets it held in June of this year. Stock market losses are an obvious cause of the fund's distress, but less well known is that CalPERS makes extensive investments in real estate -- investments that have been largely financed by borrowing. Some deals involved as much as 80 percent of borrowed money. While this worked well in a rising market, now that real estate has tanked CalPERS expects to report paper losses of 103 percent on its housing investments for the fiscal year ending in June.

Note especially the text in bold.  It takes some effort to lose more than 100% of your investment in one year.  They would have been better off investing with Bernie Madoff, since a 100% loss would have been better than 103%.

The inherent flaw in every call for government action is not the "insight" that business people sometimes are wrong, even way wrong.  The flaw is assuming that anyone in government is more capable, or has superior incentives, to make better decisions.

The Arizona minimum wage is going up again:

The annual increase is the third since voters approved the minimum-wage initiative by a 2-1 ratio in 2006. This year's increase is 5 percent. At $7.25 an hour, the wage is up nearly 41 percent from December 2006 but still only about half of the state's median wage of $14.25, according to the Arizona Department of Commerce.

Oh my God!  You mean the minimum is still below the median?  (Sorry, that is a bit off-topic, but I just can never resist making fun of journalist's understanding of math and statistics).

In just over two years, the minimum wage is up over 41%.  As a company that employs a lot of minimum wage workers in Arizona, I thought I would report on the impact to date.  As a quick background, my company runs campgrounds (and other recreation facilities) all across the country.  We typically employ retired couples who live in their RV onsite and work both for the free camp site as well as a wage, usually minimum wage.  In a good year, our business makes between 6-8% pre-tax profit on sales, which I can tell you is a thin, thin cushion given all of my life's savings are locked up in this one investment.

I don't know where minimum wage supporters think the extra money comes from to pay higher wages.  If they think at all, I suppose they would say that the government is in effect collective bargaining for these workers and getting businesses to cough up some of their immense profits to pay a bit better wage.

Well, our labor costs are about 50% of revenues  (we are a service business).  This 50% is not just wages, but other costs calculated as a percent of wages, such as FICA, medicare, and unemployment taxes and workers comp premiums.  So, if I still want to earn a living for myself, and the state says half my costs must go up by 41%, then it means that prices are going up 20+%.  And that is what has happened.   Remember, at the same time, fuel prices, electricity prices, insurance prices, and everything else has gone up, so that camping prices have risen by 20% or more.  But there is a limit to how far we can push prices, particularly since our typical customer tends to be relatively low-income.  So we are pursuing two other longer term responses:

• We are increasingly turning to automation solutions, like automatic pay systems and gates, to replace people.  While we like to have someone actually there to answer questions and to help visitors, fee collection machines work 24 hours, are not subject to overtime rules, they never get hurt, they never sue us, and the government never passes laws to increase their price.
• We are changing our operating strategy from hiring retired couples who live on-site to hiring younger workers.  This is a change I really hate.  The business model of hiring retired folks who live on-site at a campground is an old and successful one.  Folks in their seventies (and I even have workers in their eighties and nineties) don't work very fast, and they have more workers comp claims, but they had the ability to live on-site and life experience that helped them with customer service.  But trade-offs that worked at $5.15 an hour don't work as well at $7.25 and higher.  So far only selectively, but we are hiring younger folks from the local community to come in and do some of the janitorial and maintenance work.  Even if I pay them $8 or $10 an hour, they make sense if they can be twice as productive.

I don't think I have ever gotten as much mail from as many different readers as I have received on the auto bailout.  Readers seem fairly unified in their outrage and horror at the prospect.

Via insty:

Nancy Pelosi calls the deal a barber shop, where everybody will take a haircut.

There is already an available process for operating companies that cannot meet their obligations where all the parties take a haircut:  Its called chapter 11.  We have about a zillion man-years of experience with it, in companies great and small.  And it does not take idiotic Senators flashing billions of our tax money to mediate it.

The auto industry is tremendously magnetic for wannabee technocrats in Congress, in large part because in perhaps no other industry is there a bigger gap between what the average American wants to buy and what the country's intelligentsia things they should buy.

But US automakers are failing because they have not been very responsive to customers; they have grown fat and complacent, feeling protected by their monopoly power position; they have consistently failed over decades-long periods to make tough decisions vis-a-vis labor and costs; and they have refused to make real prioritization decisions (GM brand strategy is a good example).  It is therefore hilarious that Congress thinks it can do better, because wouldn't these same traits be high on the list of failings of the Federal Government itself?

And this is funny, if you have not seen it yet.

Our new era in race relations begins this week with the Federal government sending me a nasty-gram that I have not yet proven to the government that I know the race of every one of my employees.  The EEO-1, a quite distasteful annual requirement from the feds, is a report we must file showing the number of people we have employed of various races and ethnicities.  Rest assured, readers, I have, after naively believing that race was irrelevant in evaluating my employees, now educated myself as to the race and gender of all my employees and reported this understanding to the government.

Kevin Drum is off his meds, and is generating a lot of good fodder for me today. I made a couple of small edits in the name of intellectual honesty:

The news keeps getting better and better. The House Democratic caucus just voted 137-122 to replace John Dingell (D"“General Motors) as chair of the Energy and Commerce Committee. The new chair will be Henry Waxman, who cares deeply about [0.01% changes in atmospheric composition] and will be a huge ally in the fight to get serious[ly high fuel and electricity prices] next year. This is change we can believe in.

I am willing to put my disagreement with a lot of the world on whether on not global warming is dangerous into the "reasonable people can disagree" category.  But it just strikes me as outright insanity to try to push forward and pretend that anything that makes a meaningful dent in CO2, and so which has to make a meaningful dent in fuel and electricity consumption, will require either massive shortages or much higher prices.  Even a third-way plan that says we will evade this trade-off with new technologies  (whatever the hell those are) faces the massive dead-weight-loss of having to obsolete perfectly good power generation or transportation infrastructure and replace it wholesale with trillions of dollars of new stuff.  If we found out tomorrow that exposed brick caused global warming, and all of our houses had to be knocked down and rebuilt, would anyone really think we were all richer for that?

The amazing thing to me is that the left has all gotten on the "this will be a net positive for the economy, 5 million jobs, blah blah" message.  This is nuts.  This is the broken windows fallacy on Barry Bonds' entire steroid inventory.  Folks often respond to me, "but we will gain because we will reduce the cost of global warming."  But reasonable, non-loony folks don't really honestly think we are incurring any costs right now from global warming.  There is an argument that they might exist 50 years from now and that they might be high enough to get started on now, but for the next 10 years or more, there is just cost, no benefit.

The AntiPlanner has an update on the New London, CT development that spawned the notorious Kelo case.  In short, they tore Ms. Kelo's house down against her will, and then the whole development deal fell through.  The city now has a nice vacant lot.

The homes of Susette Kelo and her neighbors have all been torn down or removed. But, except for the remodeling of one government building into another government building, virtually no new development had taken place in the Fort Trumbull district by May, 2008.

Having spent at least $78 million on the Fort Trumbull project, the city had awarded development rights to a company named Corcoran Jennison, which planned to build a hotel, an office complex, and more than 100 upscale housing units. The developer had until November, 2007, to obtain financing.

When that deadline lapsed, it received an extension to May 29, 2008. In desperation, the developer sought an FHA loan of $11.5 million. When that didn't work and May 29 came and went, New London revoked the agreement.

Darin Morely sent me this.  Woe be it to the upstart competitor with a new business model who challenges an incumbent with political connections.  This goes double when the incumbent is the government itself:

One of the great things about the web, obviously, is that it allows for much more efficient communication that opens up new and useful offerings. For example: the web offers the ability to find other people traveling to the same general place you're heading and to set up a convenient carpool. It's good for the environment. It's good for traffic. It just makes a lot of sense. Unless, of course, you're a bus company and you're so afraid that people will use such a system rather than paying to take the bus. That's what happened up in Ontario, as earlier this year we wrote about a bus company that was trying to shut down PickupPal, an online carpooling service, or being an unregulated transportation company. TechCrunch points us to the news that the Ontario transportation board has sided with the bus company and fined PickupPal. It's also established a bunch of draconian rules that any user in Ontario must follow if it uses the service -- including no crossing of municipal boundaries -- meaning the service is only good within any particular city's limits.

All of us in the states need to be prepared for more of this corporate economy thing in the US.  I saw last night on Sunday Night Football that NBC is really going hard on some green initiative, including having a green peacock.  GE (parent company of NBC) is a smart company and sees the writing on the wall.  It understands the new administration and Congress seem hell-bent on moving us to a more European model.  In that model, there are 10-20 corporations per country that insinuate themselves into government and get the opportunity to help run the country to their own benefit.  GE wants to be one of these chosen few.  The push is going on not just at NBC, but in light bulbs (betting on Congressional action to provide regulatory support for a new type of bulb they have invented) and in power systems (who are making large bets on wind that will not pay off without a government subsidy program).

In the near term, GE may need a bailout in its financial arm.  GE must have seen that GM made a huge public push for its Chevy Volt over the last 6 months, spending hundreds of million in advertising on a car that does not exist yet. Why would a company near bankrupcy do this?  We now know the advertising was aimed at Congress and the Administration, not consumers, trying to burnish their green image to give Democrats enough political cover to vote for the bailout their UAW supporters so desperately need  (any chapter 11 would likely result in enormous restructurings of union contracts).