Free Markets, Free People

Daily Archives: July 8, 2009


Cap-and-Trade Bill: The Home Invasion

One of the single most important reasons we’ve been railing against the push for universal health care around here is because, at bottom, it will result in a massive loss of individual freedom. Aside from the physicians who will be treated like slaves (the only possibility if their services are considered a “right”), government will have every reason to control how we live our lives since, after all, if its paying for our health care then it has a vested interest in how we live our lives. Too much sugar, Tylenol or cigarettes? Well you’ll just have to quit or pay heavy fines or even go without health care altogether. Indeed, this is how virtually all bureaucracy works — i.e. once the state has responsibility for some part of your life, it starts taking over greater and greater portions thereof. As it turns out, cap-and-trade will be no different:

Let me introduce you to a little section of the Waxman-Markey cap-and-trade bill called the “Building Energy Performance Labeling Program”. It’s section 304 [ed. - It's actually Section 204] of the bill and it says, basically, that your house belongs to the state. See, the Federal Government really wants a country full of energy-efficient homes, so much so that the bill mandates that new homes be 30 percent more energy efficient than the current building code on the very day the law is signed. That efficiency goes up to 50 percent by 2014 and only goes higher from there, all the way to 2030. That, by the way, is not merely a target but a requirement of the law. New homes must reach those efficiency targets no matter what.

But what does that have to do with current homeowners like you? Well, I’m glad you asked. You’re certainly not off the hook, no way, no how. Here’s what the Democrats have planned for you. The program requires that states label their buildings so that we can all know how efficient every building (that includes residential and non-residential buildings) is and it requires that the information be made public.

First, a couple of corrections: (1) The “Building Energy Performance Labeling Program” is in Section 204 of the bill; (2) Section 304 of the Energy Conservation and Production Act (42 U.S.C. 6833) is amended by Section 201 of this bill to mandate the efficiency standards set forth above.

Taking these in order, the labeling program essentially coerces the states into adopting the federal standards set forth in the bill for identifying and reporting the energy efficiency of each structure, whether residential or commercial. Essentially this means that Uncle Sam will get all the information it wants about your energy use in the home by strong-arming the states into gathering it for them.

That’s bad enough, but it’s the amendment to Section 304 of the Energy Conservation and Production Act that really inserts the feds into your life. That’s where the efficiency mandates are laid out in Congress’ attempt to create a national building code:

(c) State Adoption of Energy Efficiency Building Codes-

‘(1) REQUIREMENT- Not later than 1 year after a national energy efficiency building code for residential or commercial buildings is established or revised under subsection (b), each State–

‘(A) shall–

‘(i) review and update the provisions of its building code regarding energy efficiency to meet or exceed the target met in the new national code, to achieve equivalent or greater energy savings;

‘(ii) document, where local governments establish building codes, that local governments representing not less than 80 percent of the State’s urban population have adopted the new national code, or have adopted local codes that meet or exceed the target met in the new national code to achieve equivalent or greater energy savings; or

‘(iii) adopt the new national code; and

‘(B) shall provide a certification to the Secretary demonstrating that energy efficiency building code provisions that apply throughout the State meet or exceed the target met by the new national code, to achieve equivalent or greater energy savings.

If states or localities fail to adopt measures implementing or exceeding the efficiency standards promulgated under this bill, then the federal standards simply become the law of that land:

(d) Application of National Code to State and Local Jurisdictions-

‘(1) IN GENERAL- Upon the expiration of 1 year after a national energy efficiency building code is established under subsection (b), in any jurisdiction where the State has not had a certification relating to that code accepted by the Secretary under subsection (c)(2)(B), and the local government has not had a certification relating to that code accepted by the Secretary under subsection (e)(6)(B), the national code shall become the applicable energy efficiency building code for such jurisdiction.

This is a massive arrogation of power to the federal government, and an intolerable invasion of individual property rights. In order to avoid a fairly blatant exercise of unconstitutional authority, the bill essentially denies federal funds to states that do not comply. However, it also leaves wide open just how compliance will be enforced:

‘(f) Federal Enforcement- Where a State fails and local governments in that State also fail to enforce the applicable State or national energy efficiency building codes, the Secretary shall enforce such codes, as follows:

‘(1) The Secretary shall establish, by rule, within 2 years after the date of enactment of the American Clean Energy and Security Act of 2009, an energy efficiency building code enforcement capability.

‘(2) Such enforcement capability shall be designed to achieve 90 percent compliance with such code in any State within 1 year after the date of the Secretary’s determination that such State is out of compliance with this section.

‘(3) The Secretary may set and collect reasonable inspection fees to cover the costs of inspections required for such enforcement. Revenue from fees collected shall be available to the Secretary to carry out the requirements of this section upon appropriation.

‘(g) Enforcement Procedures- (1) The Secretary shall assess a civil penalty for violations of this section, pursuant to subsection (d)(3), in accordance with the procedures described in section 333(d) of the Energy Policy and Conservation Act (42 U.S.C. 6303). The United States district courts shall also have jurisdiction to restrain any violation of this section or rules adopted thereunder, in accordance with the procedures described in section 334 of the Energy Policy and Conservation Act (42 U.S.C. 6304).‘(2) Each day of unlawful occupancy shall be considered a separate violation.‘(3) In the event a building constructed out of compliance with the applicable code has been conveyed by a knowing builder or knowing seller to an unknowing purchaser, the builder or seller shall be the violator. The Secretary shall propose and, not later than three years after the date of enactment of the American Clean Energy and Security Act of 2009, shall determine and adopt by rule what shall constitute violations of the energy efficiency building codes to be enforced pursuant to this section, and the penalties that shall apply to violators. To the extent that the Secretary determines that the authority to adopt and impose such violations and penalties by rule requires further statutory authority, the Secretary shall report such determination to Congress as soon as such determination is made, but not later than one year after the enactment of the American Clean Energy and Security Act of 2009.

Subsection g above appears to empower the Secretary to assess civil penalties against individuals for noncompliance. I say “appears” because the italicized portion does not actually show up when you view the bill, only when you cut and paste it as I’ve done here (I never considered the idea that “transparency” in law-making meant “making the law transparent”). Of course, even without that italicized section, it’s pretty easy to see where this is going. If your home isn’t as efficient as the federal government wants it to be, then you will probably be facing some sort of civil penalty. How that could possibly be constitutional I have no idea.

In addition to the outrageous invasion of our homes represented by this bill, the mandates set forth are sure to drive up the costs of new homes in ways that will probably make them unaffordable for a great many people. For example, I would guess that if homes are to be 30% more efficient in just a few years, then they will likely be roughly 30% more expensive. It may be less, it may be more, but either way those prices are going up. That’s not exactly the best prescription for an ailing home market.

The bottom line of all this is that you had better be sure to tidy up your home because the federal government is coming to stay awhile and it’s bringing an awful lot of demands with it. It’s going to make having your mother-in-law over for a spell seem like a Bahamian resort vacation.


Waxman Questions GOP’s Patriotism

First Paul Krugman calls anyone who opposes climate change legislation “traitors against the planet”. We then have Al Gore claiming fighting those who oppose such legislation akin to fighting Nazis. The latest to resort to ad hominem is Henry Waxman, who claims the GOP, and by implication, anyone who is against the nonsense he just pushed through the House is an unpatriotic so-and-so:

Rep. Henry Waxman (D-Calif.), who has had an eventful couple of weeks to say the least, believes House Republican opposition to climate change legislation and the stimulus indicates they’re cheering against the good ol’ US of A.

“It appears that the Republican Party leadership in the Congress has made a decision that they want to deny President Obama success, which means, in my mind, they are rooting against the country, as well,” the powerful House Energy and Commerce Committee chairman told WAMU radio host Diane Rehm on Tuesday morning, promoting his new book, “The Waxman Report.”

Yeah, see it couldn’t at all be that they’re concerned with the crippling effect it will have on the economy or that it is based in bad science that is daily being successfully challenged.  Or that the stimulus was a bad idea that put us into much worse shape fiscally while doing very little to help the economy.

Nope, it’s all about wanting to “deny President Obama success”, and that, of course means it is OK to question their patriotism.

Because, as we’ve all learned, since the election of Obama and the rise of the Democrat left, dissent is no longer the highest form of patriotism, is it?

UPDATE: Oops – looks like Michael and I came to the same conclusion at about the same time.  Ah well, such is blogging – read ‘em both.  They’re just different enough (and short enough) to warrant it.  And btw, Michael, it doesn’t surprise me that Steve Benen, hack that he is, doesn’t find the rhetoric to be “over the top” when a Democrat says it, but would be devoting a full week of outraged blogging if it had been the other way around.

~McQ


Rep. Waxman: Against the President = Traitor

Funny how the same people who threw hissy fits when challenged on actually rooting for the War in Iraq to fail, now find it perfectly acceptable to question anyone’s patriotism who doesn’t step in line with a hearty “Jawohl!” Well, more sad than funny really:

Rep. Henry Waxman (D-Calif.), who has had an eventful couple of weeks to say the least, believes House Republican opposition to climate change legislation and the stimulus indicates they’re cheering against the good ol’ US of A.

“It appears that the Republican Party leadership in the Congress has made a decision that they want to deny President Obama success, which means, in my mind, they are rooting against the country, as well,” the powerful House Energy and Commerce Committee chairman told WAMU radio host Diane Rehm on Tuesday morning, promoting his new book, “The Waxman Report.”

Just to be clear, opposition to the President’s agenda means that you also oppose America, according to Waxman. Doesn’t that mean that Waxman and most of the rest of his Democratic allies, including our current President, were “against America” for not supporting Bush’s agenda?

Ah well. That was a different time, I guess. Things are so completely different now that questioning one’s patriotism is absolutely justified. At least that’s what Steve Benen seems to think:

This sounds like intemperate rhetoric, but under the circumstances, it’s hardly over the top.

It’s not immediately clear what “circumstances” we’re under that render such accusations perfectly acceptable to Benen, but one can’t help but recall Obama’s famous call to bi-partisanship: “I won.”


G-8 Climate Change Agreement A Bust

From a story in the NY Times:

The world’s major industrial nations and emerging powers failed to agree Wednesday on significant cuts in heat-trapping gases by 2050, unraveling an effort to build a global consensus to fight climate change, according to people following the talks.

As President Obama arrived for three days of meetings with other international leaders, negotiators dropped a proposal that would have committed the world to reducing greenhouse gas emissions by 50 percent by midcentury and industrialized countries to slashing their emissions by 80 percent.

Essentially that means that even with the House passing cap-and-trade’s economy crippling taxes, the rest of the world, especially the “emerging nations” (such as China, India, South Africa, Brazil and Mexico), are refusing to do the same.

This was the most interesting part of the story:

The breakdown on climate change underscored the difficulty in bridging divisions between the most developed countries like the United States and developing nations like China and India. In the end, people close to the talks said, the emerging powers refused to agree to the limits because they wanted industrial countries to commit to midterm goals in 2020 and to follow through on promises of financial and technological help.

“They’re saying, ‘We just don’t trust you guys,’” said Alden Meyer of the Union of Concerned Scientists, an advocacy group based in the United States. “It’s the same gridlock we had last year when Bush was president.”

You don’t say? Perhaps it is because the idea is the same stupid idea that was put forward during the Bush era and it isn’t selling any better while Obama is president. The “emerging nations” have seen the opportunity here to play a little economic catch-up. They get the Western economies to hobble themselves and they get a bonus wealth transfer too boot:

Mr. Meyer estimated that the United States, Europe and other industrial nations need to come up with $150 billion a year in assistance by 2020 to help develop clean energy technology for developing countries, reduce deforestation that contributes to rising temperatures, and help vulnerable nations adapt to changes attributed to greenhouse gases.

That’s $150 billion a year plus cap-and-trade. And we all know who will pick up the lion’s share of that tab. We should also remember that you can safely double any government estimate and probably be closer to reality than what you read initially.

So in a recessionary period in which the rest of the world seems to be understanding the folly of economically crippling legislation to curb CO2 emissions (as witnessed by the G8′s failure to agree to such curbs and the promise of further failure in Copenhagen), we choose to embrace them.

Ideology and bad science win the day in the US, while the rest of the world moves away from real emissions curbs or recognize the opportunity to exploit them for cash.

Brilliant.

~McQ


Obama/Honduras – Still Not Getting It

From an Obama statement in Russia:

“America supports now the restoration of the democratically-elected President of Honduras, even though he has strongly opposed American policies,” the president told graduate students at the commencement ceremony of Moscow’s New Economic School. “We do so not because we agree with him. We do so because we respect the universal principle that people should choose their own leaders, whether they are leaders we agree with or not. “

Again and again Obama stresses the fact that Mel Zelaya was “democratically-elected”. But the same could be said about many of today’s dictators. Elections are only one part of the democratic process. The other, and the one that sustains the electoral process, is the rule of law. Focusing only on the fact that Zelaya was “democratically-elected” but ignoring the fact that he has attempted to subvert Honduran constitutional principles that ensure such democratic elections is bad enough.

However, continuing that line of criticism after being apprised of the constitutional arguments and the process which led to Zeyala’s ouster is completely unacceptable. Yes, we back the right of people to democratically elect their leaders. But we must also back their decision, driven by the rule of law, to remove a leader when he refuses to follow the law he is sworn to uphold. Why is it that Obama, the “Constitutional law professor, doesn’t appear to “get” that?

~McQ