Big Government

Quote of the Day

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A comment by “Buck O’Fama” in response to this post by Victor Davis Hanson:

Years ago, the kid next door was bouncing his ball against the side of my house, occasionally hitting a storm window in the process. I came out and said to him, “Don’t do that, you’ll break my storm window.” He replied, “No I hit it already and it didn’t break.” It never occured to him that he may have just gotten lucky previously, or perhaps the cumulative micro damage from the previous strikes would soon cause the window to yield, or maybe he just hadn’t hit it hard enough. Regardless, he broke the damn thing within the hour.
 
America is at that point now. All the abuse the nitwits and the idiots have done to the culture and the economy over the past decades have failed to break the country, and they now assume it is unbreakable. This leads me to suspect we are shortly to find out that it is not.

Senator Lugar’s address problems, examination and questionnaire

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Senator Lugar is elected from the state of Indiana. The residence he claims for voting and driving purposes has not been in his possession for many years and several electoral cycles. In fact, he sold it in 1977. The Indiana Secretary of State was just convicted of several class D felonies for fooling around with his legal address during one electoral cycle. If you intentionally misstate your address on a driver’s license it’s actually a worse offense, IC 35-43-5-2(c)(1) makes it a class C felony. That’s 2-8 years in prison and a $10,000 fine.

Two things possibly protect Sen Lugar in terms of residency. The first is Article 2 section 4 of the Indiana state constitution. The second is implementing legislation, IC 3-5-5-5, both of which say much the same thing, “No person shall be deemed to have lost his residence” in the State and precinct respectively “by reason of his absence, either on business of this State or of the United States.” This leaves the obvious question unanswered, what does it mean, to be on the business of the United States? It could mean that if you’re elected Senator, you can live anywhere until you lose an election or die and you are still an Indiana resident. That seems unlikely. Then again, it could mean that when the Senate is in session or you are on a fact finding trip or other Senate business, those days do not count for residency and where you live the rest of the time is what is judged. In 2011 the Senate was in session 181 days and out 184 days. This would make a great deal more sense and here, Sen. Lugar gets in a bit of trouble.

Sen Lugar sold the Indiana house he actually lived at in 1977 and while he continues to maintain a farm in Indiana, he does not claim residency there. He has a million dollar home in Virginia and stays at hotels when he comes to Indiana. He could pick a hotel room and officially reside from there or he could list his farm address but neither choice is politically convenient for him. The legal requirement is easily satisfied but for 35 years he hasn’t done it.

One thing possibly protects Sen Lugar’s drivers license, that Indiana doesn’t actually comply with the federal Real ID act of 2005 in its requirement that the address on a license is the holder’s principal address. By any reasonable argument, Sen Lugar’s principal address is in Virginia and it would look like Virginia law might also support that.

Sen Lugar is a very popular politician, with cross-party support and a long political career. There is a real reluctance to dig into these matters but here are, perhaps, some questions for those who would like to take the plunge.

In 2011 (and 2010, etc) how many days was Sen. Lugar absent from Indiana on the business of the United States. How many days was Sen. Lugar absent from Indiana on other business?

In 2011 (and 2010, etc) when Sen. Lugar was in Indiana, where did he reside? Why did this address (these addresses) not become his Indiana address? Why does Sen Lugar get to choose his Indiana residence in a way that nobody else can?

The Federal Real ID law requires that a driver license address be the holder’s principal address. Is an address which was sold by the license holder in 1977 consistent with the federal requirement? And if it is not, does Indiana law actually align with Real ID? If they do align, has Sen Lugar violated IC 35-43-5-2(c) by continuing to use his old address for the past 3 years now since the 2009 Indiana driver license reforms were passed? If they do not align is Indiana vulnerable to the penalties of the Real ID act, that its driver licenses will no longer be accepted as ID at federal checkpoints?

Is Sen Lugar in compliance with Virginia law regarding driver licenses? Within 60 days of moving to Virginia, you are required to get a Virginia driver license. Even if you are a full time student, if you are employed, you still need to get a Virginia driver license. Sen. Lugar is certainly employed. He does not claim an address that he actually owns or rents in another state as a residence. According to Virginia law, has he moved? Is Sen Lugar in violation of Virginia driving law?

Ultimately it seems very unlikely that Sen Lugar is going to be called to account for any of this. The point of the exercise is to expose how out of touch he is, not to secure a conviction. Ordinary people have to swap out their license, reregister to vote when they sell their house, actually rent or own a property to qualify for residence, and if the house they usually sleep when not on federal or state business is in Virginia, they accept that they’ve moved. Sen Lugar hasn’t.

Graphic Novels on Health Care and other items….

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-from SHOTS, NPR’s Health Care Blog:

Health care reform is no laughing matter, but MIT economist Jonathan Gruber’s new comic book on the subject aims to communicate some pretty complicated policy details in a way that, if not exactly side-splitting, is at least engaging.
 
In Health Care Reform: What It Is, Why It’s Necessary, How It Works, Gruber steps into the pages of a comic book to guide readers through many of the major elements of the law, including the individual mandate to buy insurance, the health insurance exchanges where people will be able to buy coverage starting in 2014 and how the law tackles controlling health care costs.

I draw your attention to another graphic novel: The 9/11 Report: A Graphic Adaptation.

While I was buying a copy of Persepolis from a real-life book store a few years ago, a young woman at the sales counter mentioned that there was a “great” graphic novel about North Korea that I might like. I’m not a graphic novel reader and I think Persepolis is it for me unless I decide to review the health care book, but it interested me that she seemed so enthusiastic about the topic of North Korea and graphic novels. I guess it makes sense given our “information overload” society. I don’t know. Why not look for clarity?

PS: Linking is not endorsement and all that.

PPS: What’s the “all that” about? Eh, I’ve been burning the candle at both ends for the past week or so and my blogging has been pretty terrible because of it. I linked the health care graphic novel because it amused me, not because I am simpatico with the message. I think you all knew that already….

Rethinking Unions V: AFL-CIOx

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Previous in the series:
I, II, III, IV

First there was TEDx, the low cost/no cost to the original TED initiative to spread the TED message around the world in local affiliated events. Now there is MITx, an initiative to create free/low cost classes with an MIT affiliation but no degree. So why isn’t there AFL-CIOx? There is no great leap necessary to figure this out. Fire up a web site and provide tools for all workers to improve their position. AFL-CIOx could provide templates on how to lobby their local governments to diversify local economies and cater to entrepreneurs so the increase in businesses operating locally would improve the chance that different employers would compete for local workers. Employers bidding up salaries in order to compete is how non-union workers get salary increases and it’s a successful strategy. It used to be that union workers earned more than non-union. That is no longer true.

And they could provide “plus” services that would carry a fee that you could take or leave. Hat sales alone would probably cover most of the electricity bill. And yes, I’d buy one. I’d also use the site as I assume a lot of people who would viscerally reject joining a union, ever. Google will index it and people will use compelling content, giving unions a 2nd chance at a large part of the population that have long written them off as irrelevant and outdated.

So where is that site? Where is the effort to improve the position of all American workers by providing a 21st century education on how to be a smart, savvy worker?

The EPA and You

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The Montreal Protocol is a document signed by many nations that gives us in the HVAC industry (and other industries as well) the road map as to how certain chemicals will be phased out over time, due to their ODP (Ozone Depletion Potential). Whether this is scientific or not is a discussion for another day. The fact is that the nations that signed on are obliged to follow the phase out.

Of particular interest to my industry over the last couple of weeks has been what is going to happen to R-22. Any of you reading this in your homes or office buildings that have air conditioning probably have a machine that uses R-22 within rock throwing distance. With the quicker phaseout of refrigerants R-12 and R-502, many commercial refrigeration applications moved to R-22 as well.

In addition to this, I have one more sidetrack to make before I get to the main point of this post. A few years ago there were to be no more new units made that used R-22 refrigerant. The Chinese exploited a loophole in the poorly written law and kept making units that used R-22, but shipped them “dry” – in other words, the technician in the field would put the refrigerant in the unit upon installation.

The OEM’s in the US put up a huge stink and demanded the EPA either close the loophole, or let everyone do it. They let everyone do it. These units were enormously popular last summer. In a central air conditioner for home use, contractors were once again able to “cut ’em out, cut ’em in” like they used to do. Before the availability of the dry R-22 units, contractors were forced to swap out the evaporator coils on the inside of the house since the new condensers, charged with the new refrigerant R-410a, are not compatible with old R-22 evaporators. To be honest, the new dry R-22 condensers aren’t either, but that is a different post for a different day. They worked, for now, and everybody was happy.

This brings us to January 2012. The previous rule for R-22 phase-out written by the EPA allocated 100 million pounds for 2011 and 90 million pounds for 2012. The EPA decided to accelerate this and was proposing anywhere from 55 to 80 million pounds for 2012. But the EPA sat on its hands and didn’t issue a ruling at all! Worst case scenario. This from one of the manufacturers of R-22 on January 5:

As of today, no producer or importer has the legal right to manufacture or import R-22 for refrigeration or air conditioning use. Under such circumstances the EPA is expected to issue ‘non enforcement’ letters to allow business continuity.

Consequently, given the current absence of non-enforcement letters and the possibility of significantly higher than previously expected reductions in allocation rights, (company x) must now evaluate the impact such a reduction may have on our ability to meet customer demands.

Meanwhile, since then, the EPA has proposed cutting the R-22 allocations by FORTY FIVE percent. This does not help business continuity, to say the least! In addition, no final ruling has been made, and we still don’t know the true allocations.

So what are the results to the market?

It is destroyed. Manufacturers are not accepting orders for any price right now. Consequently, guys like me (distributors) are halting all large quantity sales until we can figure out what is going on. Oh, the price? Since the first of the year, it has tripled to the street.

The market for R-22 is completely locked down and in a total state of chaos. Rumors are flying, and contractors don’t know who to believe or what to do.

In addition, it is time for us to begin ordering our air conditioning equipment to sell this summer. Nobody has any idea at all what to do about the dry R22 units. Will they be allowed to be sold? Will the cost be prohibitive with the new allocations/pricing on R22?

All this and more, courtesy of the Environmental Protection Administration.

So if your air conditioner conks out this summer in your house or business, or if you own a convenience store and a refrigeration unit goes down, or if you work in a restaurant and a walk in cooler goes down, expect that bill to be WAY higher than you thought it would be.

Not judging, just sayin’.