Category Archives: Regulation

“The Iron Lady”

By Peter Galuszka

“The Iron Lady,” a biopic starring Meryl Streep, has brought fresh attention to the policies and philosophies of Margaret Thatcher, the ground-breaking leader who served as Great Britain’s Prime Minister for 11 years – from 1979 to 1990.

Always controversial, Thatcher pioneered much of the conservative framework still in play today, such as privatizing state-owned companies, bashing labor unions, cutting budgets, pushing for flat taxes payable at equal rates by rich and poor and promoting the idea of individual opportunity as a national driver.

As we now see two decades later, while initially successful, a lot of Thatcherism turned out to be bunk and we are suffering for it now. That said,  I have to admit that Thatcher is a fascinating personality.

My own involvement came in 1987 when I was a magazine correspondent in Moscow. She was visiting Mikhail Gorbachev, the Soviet leader and man she could “do business with.” She and Ronald Reagan set up the policies that helped lead to the transition of the Soviet Union although neither should get too much credit for destroying that Communist-run state. The real cause of death was decades of internal rot, but that’s another subject.

When Thatcher walked up to the podium at the Foreign Ministry press center on the Garden Ring Road in downtown Moscow, the air practically went electric. She was a truly stunning presence. Her direct manner of speech in her high-pitched voice had the audience riveted. She answered questions with great speed and wit. She was a crystallographer by training but had a natural sense of politics and theater.

Reagan, whom I also heard in Moscow,  seemed like a purely stage-managed Hollywood production.  He entered the stage with a friendly wave and a stunning brown suit, but he seemed extraordinarily simple-minded, as if he didn’t really understand what was going on and was reading from a very good TelePrompter.

Thatcher, to be sure, had plenty of enemies. She came to power when the U.K. was in a recession far worse than the one the U.S. has recently endured. When I visited the West Midlands in the early 1980s, British  television news was a steady stream of job cuts.  She beat back union and government control that had dominated the economy since World War II and with great fanfare privatized a few big, government-controlled corporations. She led the Brits in their pathetic war with Argentina over the Falklands and took a tough line against the Irish Republican Army. In the process of the latter, her tough stances spurred a number of deadly bombings. Post-Thatcher negotiations finally
sorted things out.

Her model of privatization and budget spending became the role model in the last decades of the 20th century and the decade so far this century. Longer term, her results have been mixed. The Russians were encouraged to follow the Thatcher model with privatization and  ended up with the oligarchs and Vladimir Putin. Bill Clinton was actually a  Thatcherite and his go-easy regulatory policies regarding  Wall Street, along with George W. Bush’s ineptitude, helped set the U.S. up for the Great Recession.

Still, the movie is a good touchstone to ponder the Thatcher years. Despite an excellent performance by Streep, the movie is marred by its boringly-long portrayal of an elderly Thatcher suffering from dementia. It really doesn’t go too far in examining her policies. The movie, like Thatcher herself, seems a promising idea gone wrong.

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Good Move on Uranium

By Peter Galuszka

Gov. Robert F. McDonnell has punted on the uranium controversy and that’s a good thing, assuming the General Assembly doesn’t lift the mining ban anyway.

There are simply too many unknowns about mining the tract owned by Virginia Uranium near Chatham and the state has no knowledge or regulations about mining the highly toxic and radioactive substance.

What’s more, there are big questions about whether it is needed. Market prices are stable and while developing countries such as China and India plan many new nuclear power stations, advanced economies such as Germany are scaling them back after the Fukushima disaster in Japan last year.

McDonnell’s decision comes despite an onslaught of expensive and extensive flackery by the local people who own the farms where the uranium deposit is located and the Canadians who actually control the company. The Virginia Public Access Project reports that Virginia Uranium has paid out more than $150,000 to political candidates and has hired five powerhouse Richmond-based PR firms. It paid all expenses for a dozen legislators who unwisely made a trip to France to see an abandoned uranium mine and who were treated to the delights of Paris on the way.

Virginia Uranium says it’s just dandy that McDonnell recommends delaying lifting the moratorium and continues its campaign, including a full page ad in the Richmond newspaper with drawings showing just how safely the tailings from the mine project would be stored.

The problem is that the issue isn’t just going away. If it doesn’t, the state will have to cough up money as schools go without to come up with regs. Virginia Uranium shouldn’t pay for them — they’d be tainted. But why should the state be burdened when it has so many other things on its “to pay” list?

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Thumbsucking, Richmond-style

By Peter Galuszka

The incredible, shrinking Richmond Times-Dispatch offers a lot less to read these days. Under  the leadership of Publisher Thomas A. Silvestri, many staffers have been fired to boost parent firm Media General’s top line. The effort hasn’t been entirely successful since its stock, once around $65 a share, is now a little better than $4 a share, admittedly better than the near buck a share low of a couple of years back that brought MEG close to delisting on the Big Board.

So, the TD tries to get around its dearth of real reporting by getting Richmond’s pooh-bahs to write tomes in the “Commentary” section about what a great job they are doing. These, coupled with Silvestri’s unfailingly sunny and typically mindless columns boosting the Confederate Capital, make for a more amusing section on Sunday mornings than the funny pages.

This Sunday’s section was kicked off by Eugene Trani, the fireball, former president of Virginia Commonwealth University. Trani is famous for growing VCU from a Tier Two commuter college to something aspiring to greatness. He bulldozed block after block of Richmond’s downtown to expand the university and make it more of an economic driver.

Now retired, Trani heads Richmond’s Future, which the TD describes as a “forward looking regional think tank.” That, in itself is an interesting choice of words. If it were “backward looking,” we’d be in more of a heap of trouble than we already are.

After a couple of years of heading Richmond’s Future, Trani has used the group’s mostly corporate funding to finance studies by a Federal Reserve economist and a VCU assistant professor. Together, these reports try to rate the Richmond SMSA, which Trani meticulously explains to the dullards among us, against 10 other SMSA around the country to see where it stands. Good and bad, it turns out. Second in per capita income and sixth in annual employment growth  compared to places such as Jacksonville, Fla. and Salt Lake City.

Writing in the TD, Trani claims  that it is important to know where Richmond  stands against other similarly-sized city. I looked thoroughly through his article to find more of a “so what” but couldn’t find it.

And that is the problem. Richmond’s business elite has been staring at its navel for a long time. There has been study after study trying to “benchmark” the city. Consultant James A. Crupi, who does a lot of thumbsuckers for the Fortune 100, did a study in 1993 that found that Richmond is a “glass half-empty.” He returned in 2007, funded by Greater Richmond Chamber of Commerce money, to find that Richmond had somehow transformed itself into a “glass half full.”  What that means, I have no idea.

There are other groups trying to get a real bullseye on Richmond. There’s something called the Capital Region Collaborative that promotes navel-gazing on a regional basis. Its ranks are fed from something called “Leadership Metro Richmond” which trains “leaders” to be big shots among the corporate salons and, of course, participate in and cheerlead Crupi and Trani style reports.

OK, fine. But so what? Trani says Richmond should boost its base in logistics. No brainer, there. Greatly expanded Ft. Lee is a dominant defense supply area and Richmond has a great central-location on the Mid-Atlantic coat. Too bad its tiny seaport was so badly managed that it has all but shut down. Richmond also should boost science and math studies, like every other burg in the U.S.

And, there’s something called the Commonwealth Center for Advanced Manufacturing, which is a multi-university and community college effort to take advantage of a new Rolls Royce plant east of Petersburg.

Small problem, there. The Rolls Royce plant was originally intended to build  parts for engines for corporate jets. The 2008 global financial meltdown, and  the bad judgment of big U.S. corporate titans to fly corporate jets to Washington to beg for Congressional bailouts, chilled that market.

Now, the big facility underway is looking for other markets. One hope had been making engines for the new F-35 joint strike fighter for the Air Force, Navy and Marines. That’s something anti-spending hawk U.S. Rep. Eric Cantor, a key player in the Richmond elite, pushed mightily although the Pentagon said it had another supplier and didn’t need more engines from Rolls. In any event, it won’t matter. Reacting to Republican anti-spending fanatics, President Obama is likely to cut back on the F-35 program.

These are small details, however. The reality is that no matter how much the Tranis and Crupis look into their crystal balls, Richmond’s economy is still pretty much dominated by electric utility Dominion, packaging maker MeadWestvaco and cigarette giant Altria, whose primary products are lethal and which moved its headquarters to Richmond after being pretty much thrown out of New York City. The region was badly hurt when mass retailer Circuit City self-destructed from bad management and chip maker Qimonda went under, with thousands of jobs, because of bad local markets.

Yet another firm went under, too, during the 2008-09 recession, mortgage lender LandAmerica. Interestingly, Trani was a director of the firm and, in that capacity, is a defendant in a lawsuit that alleges that he and others failed in their fiduciary duties because they took decisions that resulted in the collapse of the firm and major losses for investors.

The Richmond newspaper, naturally, doesn’t hit that one too hard. Instead, Trani, rather than a professional journalist on staff, will be writing a series of reports about his new think tank and where he thinks Greater Richmond rates and should be going in the Greater World.

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Virginia: Mother of Bad Ideas

By Peter Galuszka

The Mother of Presidents is back at it again.

Through some legal quirk — typical for the Old Dominion — only Mitt Romney and Ron Paul will be on the ballot for the March 6 Republican primary. Newt Gingrich and Rick Perry did not meet the state’s onerous requirement for 10,000 petition signatures including 400 from each of the state’s 11 congressional districts to get on the ballot.

Readers know that I am not generally sympathetic to Republican causes, but what’s happened to Gingrich and Perry is downright idiotic. Virginia is the only state that has such tough primary qualification rules. Indiana is the next strictest, which requires only 4,500 signatures.

Consider some of Virginia’s other strange laws and requirements. We are the only state in the nation that limits its governor to one term, meaning that Virginia only gets maybe three years max work out of a governor’s four-year term. By Year Three, the politician’s mind is already focused on what’s next.

During the Jim Crow era, Virginia was a legislative leader in racism. That wasn’t unusual for the South but the racism seemed to linger very long. Until it was struck down in the late 1960s, a state law made it a felony for a white person to marry an African-American so as to preserve racial purity.

Other bad ideas abound. Luckily, some don’t get to law. One absurd proposal a few years ago would have regulated how low someone could wear his or her pants and how much underwear could be displayed. Legislator Terry Kilgore is the master of strange-O laws. He’s proposed, for instance, tax breaks for people who have their cremated remains blasted into outer space from a commercial spaceport on Wallops Island.

The political nonsense continues with another oddity. Voters participating in the Republican primary are supposed to sign a “loyalty oath” that they will vote for whomever ends up running as the Republican presidential candidate. Wasn’t Virginia supposed to have been the Mother of the Bill of Rights? Besides being unconstitutional, the idea is also downright dumb. How can they enforce it?

Atty. Gen Kenneth Cuccinelli, who is running for governor in 2013 against the plans of the ruling state Republican Politburo, at first said he would try emergency legislative proposals to untie the mess. Then, however, he went along with the GOP Establishment and said that changing laws midstream would somehow be unfair to Romney and Paul. Go figure.

Legislative idiocy has been part of the state’s make-up for far too long. They make Virginians seem like Cooter of the Dukes of Hazzard. With all the state has going for it, one wonders why this nonsense just doesn’t go away.

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Merry Christmas, Amazon.com!

By Peter Galuszka

Christmas, regretfully, is forced, propagandized consumerism under the guide of market capitalism, albeit in new forms. One is digital sales, of which Amazon is dominant.

Amazon also is about to become a big player in Virginia since it will open distribution centers in Chesterfield and Dinwiddie that will cost $135 million and employ 1,350. Gov. Robert F. McDonnell announced the projects with great flourish. Typically, the Richmond Times-Dispatch played its role as McDonnell’s personal “Pravda” and bannered the news to make us all understand just what a great jobs magnet our photogenic governor is.

To its credit, however, the RTD did break some news. It turns out that Amazon, which is getting $3.5 million from the Governor’s Opportunity Fund and $850,000 from the tobacco fund, will not be required to pay any states sales taxes on the goods its ships to Virginia customers from the two centers.

If you are a traditional, non-digital retailer, you will have to continue charging and paying the usual 5 percent sales tax. You may be competing for the same market with Amazon (2010 sales of $34 billion) but Amazon automatically gets a 5 percent advantage. That, dear shoppers and taxpayers, is Bob McDonnell’s idea of free and unfettered market capitalism.

To be sure, very few states charge a sales tax on goods traded over the Internet. The rationale was, back in the 1990s, was that the Net was waaay too cool to tax. The guys who developed it are waay cool types with a 60s hippie bent, like Bill Gates of Jeff Bezos, and if you make them play by the usual rules, well that’s like, soooo Old Economy. Everyone bought into this nonsense, especially George Allen who lobbied not to tax anything on the Net.

Of course, a lot of these Net heros are really conservatives or libertarians who don’t wear neckties. They are not out for the betterment of mankind, rather the betterment of their bottom lines. Meanwhile,  routine mortals, such as journalists like me,  have seen our free lance pay plummet because we are forced to accept far less or nothing at all for our content posted on the Web rather than in print. Anyway, that’s my private hell.

This kind of “The Net is Sacred” thinking is McDonnell’s excuse to land needed jobs. No argument about the need. Dinwiddie is mostly rural and can use jobs. Chesterfield has an imbalance of too many subdivisions and not enough industry.

The hypocrisy of the McDonnells is that while they play free market and tight budget and stick it to the schools and retirees and Medicaid recipients, they have no trouble handing out goodies to big firms like Amazon, that have no trouble taking care of themselves. Other states seem to be driving tougher bargains than Virginia. Tennessee got a similarly-sized distribution center from Amazon but also starts getting its sales tax from Amazon in 2014.

Also, it’s not as if big distribution centers are unheard of in Virginia. Back in the early part of the past decade, China was exploding with exports of consumer goods. Hampton Roads was booming. Mid-Atlantic distribution centers were going up from Suffolk and others spots for Wal-Mart, QVC, Target and other big box, mass retailers. I believe they did have to pay the 5 percent sales tax.  Of course, the recession cooled that trend and Hampton Roads is stuck with the big box centers while competitors like Baltimore and Savannah eat Virginia’s lunch with other cargo. That’s another story, however.

Among the groups rightly angry with the big Mickey D are members of Richmond’s Retail Merchants Association, who still have to pay that pesky 5 percent sales tax. “The bottom line is that we just want a level playing field,” says Nancy C. Thomas, the group’s CEO and president.

Well, not in Virginia and not with Mickey D.

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New Studies, Reports and Inanity…

Motor Vehicle Dealer Internet Access Study
Report to the General Assembly

In 2011 the General Assembly adopted legislation requiring all newly licensed automobile dealers to have an Internet connection and email address. The Motor Vehicle Dealer Board even engaged the Point Management Group to conduct a study, which proceeded to document that all MVDB dealers already have Internet access. But that didn’t stop Point Management from recommending that all new dealers — just in case someone laying thousands, even millions, of dollars on the line to open a new dealership was too friggin’ stupid to think of setting up an email address and Internet connection — should be required to do so as well.

Why stop there?  Why not write a regulation requiring every auto dealer to have a phone? Why not spell out in detail how they must stock their offices with desks, chairs, copying machines and free coffee. Grrr. Makes me so mad. Hey, Gov. McDonnell, while you’re consolidating and closing all those useless state boards and commissions, here’s idea. Add the friggin’ Motor Vehicle Dealer Board to the list!!

Status Report: Regulations Establishing Nutritional Guidelines For Competitive Foods Sold in the Public Schools
Report to the General Assembly

The General Assembly is rightfully concerned about increasing obesity rates among Virginia’s youth, and legislators have rightfully honed in on the volume of junk food that school kids consume from vending machines, snack bars and a la carte items in the cafeteria. This draft report contains numerous recommendations on how to regulate these sources of empty calories. Snack items shall contain no more than 200 calories per portion, derive no more than 35% of calories from fat of sugar, or have a sodium content exceeding 200 mg, blah, blah, woof, woof. But, oh, the regulation shall not apply to beverages.

Really? Is that it? Did it occur to the geniuses drafting the regulations that restricting calories per snack might encourage kids to…. buy more than one snack? And what’s this about exempting soft drinks? Did the General Assembly cave in to the soft drink bottling industry?

Let me make this real simple. Ban all vending machines and shut down all snack bars in public schools. When kids got thirsty back in my school days, they drank — can you imagine this? — water from the friggin’ water fountain! When we wanted snacks, we had to wait until we got home and raid the cookie jar. As far as I’m concerned, purveyors of junk food should be allowed to sell whatever they want to whomever they want, but not where they want. They have no more right to peddle their garbage in schools any more than they have to set up a vending machine in my pantry. Board of Education, get a friggin’ spine!

What kind of monument are we talking about anyway? One like this...

First Annual Executive Summary Commemorative Commission to Honor the Contributions of the Women of Virginia
Report to the General Assembly

You could make the case in a state that once practiced slavery and then oppressed blacks through decades of Jim Crow laws that there is justice in erecting a monument to Civil Rights heroes. Unfortunately, the General Assembly followed up that laudatory effort to establish a commemorative commission to honor the contributions of the women of Virginia.

… or one like this?

The rationale seems less than clear. Judging from this report, the commission devoted its proceedings over the past year bloviating in banalities about the contributions of the fairer sex and hosting a series of eight “community conversations” across the state. Public attendance appears to have been sparse. In the Richmond meeting, “the Commission heard from a group of students from St. Catherine’s School and two members of the public.”

Having gleaned valuable public input, the commission then moved on to more important matters, like voting to hire a consultant.

Evaluation of Camera Use to Prevent Crime in Commuter Parking Facilities: A Randomized Controlled Trial
Urban Institute

Before 2003, half of all crimes on METRO property took place in commuter parking lots. Metro Transit Police teamed up with the Urban Institute to see if prominently placed video cameras would discourage car thefts and break-ins. Due to budget limitations, only one-third of the cameras were live, rendering the intervention of limited use for investigative purposes. The findings? “The cameras had no discernible impact on crime.” Oh, well, it was worth a try.

Just remember to take the darn things down.

– JAB

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Should Dominion Virginia Power Spin Off its Nukes?

Over the past two years, Dominion Virginia Power has experienced 14 unplanned shutdowns of its four nuclear reactors, by the Times-Dispatch’s counting. Is it time for the power company to consider spinning off its nukes or selling them to someone who can do a better job of running them?

I ask that question after encountering a new study by Lucas W. Davis and Catherine Wolfram, “Deregulation, Consolidation and Efficiency: Evidence from U.S. Nuclear Power,” published by the National Bureau of Economic Research. Here’s the argument they make:

For four decades all nuclear power reactors in the United States were owned by regulated utilities. Few utilities owned more than one or two reactors and utilities received a rate of return on their capital investments that was largely disconnected from operating efficiency. Beginning in the late 1990s electricity markets in many states were deregulated and 48 of the nation’s 103 nuclear power reactors were sold to independent power producers selling power in competitive wholesale markets. These divestitures have led to substantial market consolidation and today the three largest companies control more than one‐third of all U.S. nuclear capacity.

… We find that deregulation and consolidation are associated with a 10 percent increase in operating efficiency, achieved primarily by reducing the frequency and duration of reactor outages. Efficiency gains were experienced broadly across reactors of different types, manufacturers, and vintages, with the largest increases in the spring and fall during the peak months for refueling.

The resulting increase in electricity production exceeds 40 billion kilowatt hours annually, valued at $2.5 billion annually at current prices. “This increase is almost pure efficiency gain, achieved without building a single new plant or constructing a single additional mile of transmission capacity,” the authors note. The increased electricity output, they add, displaces mostly coal‐ and natural‐gas‐ fired power, implying an annual decrease of 38 million metric tons of carbon dioxide emissions.

I was always under the impression that Dominion ran its nukes pretty well, so that 10% efficiency gain may not apply here. But we won’t know for sure if we don’t ask. Such a gain, if possible, would delay the need to add more power-generating capacity, thus keeping a lid on electric rates. Lower CO2 emissions are a bonus that environmentalists should love. Perhaps the State Corporation Commission should look into it.

– JAB

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Update to “Bedeviled and Becalmed”

Alert reader “Too Many Taxes” brings to my attention the sponsorship of House Bill 1198  by Del. James M. LeMunyon, R-Chantilly, in the past session of the General Assembly. The bill would have required state transportation agencies to “evaluate all significant transportation projects in and near the Northern Virginia Transportation District, including both highway and mass transit projects, and provide an objective, quantitative rating for each project according to (i) the total amount of reduction in traffic congestion regionally and, separately, (ii) the amount of reduction in traffic congestion expected to be achieved per dollar cost of the project.”

The bill would have been even more useful if it had applied the requirement statewide to all projects over a certain size, and if it had required the state to document the impact of transportation projects on accidents, economic development, the environment and public safety. According to TMT, the bill sailed through the House but died in the Senate Finance Committee.

If someone knows why, please let us know — post a comment!

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The Wonk Salon, September 29, 2011

Alcohol Wholesalers Seek to Preserve Regulatory Fiefdoms
Competitive Enterprise Institute
Alcohol wholesalers run to Congress to preserve regulatory fiefdoms eroded by a recent court case. Count on a Republican to craft the anti-free market legislation.

Foreign Teachers: Exploited and Exploiters
Center for Immigration Studies
The importation of teachers from the Philippines under temporary worker programs is rife with abuse. Many teachers are exploited by local school boards. At the same time, they cheat on their taxes. It ain’t a pretty picture.

How Medical Debt Threatens Family Stability
New America Foundation
Sixteen percent of American households are being dunned for medical payments. Obamacare will help. And states can help by asking hospitals not to report medical debts with credit agencies.

Why the High Cost of Public Sector Employees Comes as a Surprise
Mercatus Center
States get blindsided by the cost of public employees because they make unrealistic actuarial assumptions and they do a lousy job of making information available to the public.

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