CAPITOL UDATE
February 20, 2010 – “UMA on the Hill”
Budget:
Revenue estimates arrived in Tuesday with better news than legislators had anticipated but worse than Governor Herbert projected. The bottom line is that the Executive Appropriations Committee now estimates that instead of $80 million in budget cuts or new taxes, they only need $35 million. While that puts things in a much better light, it still means cuts are necessary to avoid raising taxes. Some taxes are still on the table until the appropriations committee determines how they can balance the budget; something the Utah Constitution requires.
Fiscal year 2011 budgets are more likely to require 2-3% ongoing cuts in lieu of the 5% cuts announced earlier in the session.
Unemployment Insurance Benefits:
At about the same time, the bill to eliminate the social security offset against UI benefits (HB-43) was approved by the Senate and sent to the Governor, the Senate Business and Labor Committee approved HB-18 to modify the base period for calculating UI benefits. Currently, DWS eliminates the last quarter of work because historically the information was not available in time to use the latest quarter. HB-18 would now authorize using the last four quarters since the electronic data is available more timely.
Ethics:
The House this week approved a package of bills designed to improve ethics in the Utah Legislature for both lawmakers and lobbyists. This package represents the most comprehensive set of reforms in recent history in response to criticism from some that ethics laws are too loose in Utah.
It is this writer’s opinion that this is a tempest in a tea pot being promoted by a relative few who support sweeping changes. Between a handful of former legislators and the media the ethics issue has been whipped into a frenzy. Utah lawmakers serve at considerable personal sacrifice and are honest, sincere public servants.
Healthcare Mandate:
As certain as the legislative sessions will occur annually is the fact that there will be medical mandates introduced to require insurance coverage for a host of new procedures. 2010 is no exception. This week proponents of HB-66, Prosthetic Limb Health Insurance Parity, filled the House Business and Labor committee room displaying numerous citizens with prosthetic limbs, including several children, to plead with lawmakers to create parity in health insurance policies between internal and external prosthetics.
Budget:
Revenue estimates arrived in Tuesday with better news than legislators had anticipated but worse than Governor Herbert projected. The bottom line is that the Executive Appropriations Committee now estimates that instead of $80 million in budget cuts or new taxes, they only need $35 million. While that puts things in a much better light, it still means cuts are necessary to avoid raising taxes. Some taxes are still on the table until the appropriations committee determines how they can balance the budget; something the Utah Constitution requires.
Fiscal year 2011 budgets are more likely to require 2-3% ongoing cuts in lieu of the 5% cuts announced earlier in the session.
Unemployment Insurance Benefits:
At about the same time, the bill to eliminate the social security offset against UI benefits (HB-43) was approved by the Senate and sent to the Governor, the Senate Business and Labor Committee approved HB-18 to modify the base period for calculating UI benefits. Currently, DWS eliminates the last quarter of work because historically the information was not available in time to use the latest quarter. HB-18 would now authorize using the last four quarters since the electronic data is available more timely.
Ethics:
The House this week approved a package of bills designed to improve ethics in the Utah Legislature for both lawmakers and lobbyists. This package represents the most comprehensive set of reforms in recent history in response to criticism from some that ethics laws are too loose in Utah.
It is this writer’s opinion that this is a tempest in a tea pot being promoted by a relative few who support sweeping changes. Between a handful of former legislators and the media the ethics issue has been whipped into a frenzy. Utah lawmakers serve at considerable personal sacrifice and are honest, sincere public servants.
Healthcare Mandate:
As certain as the legislative sessions will occur annually is the fact that there will be medical mandates introduced to require insurance coverage for a host of new procedures. 2010 is no exception. This week proponents of HB-66, Prosthetic Limb Health Insurance Parity, filled the House Business and Labor committee room displaying numerous citizens with prosthetic limbs, including several children, to plead with lawmakers to create parity in health insurance policies between internal and external prosthetics.
As in other mandate bills, the cause is just and the testimony emotional. However, it does not erase the fact that mandates increase premiums on small employer health plans that are subject to state mandates for health coverage. Larger, “ERISA” plans are not subject to State mandates and therefore have the choice to add such coverage or choose not to. About 30% of Utah’s employers are non-ERISA and bear the full burden of such mandates. UMA testified against the bill in the committee as did the insurance industry. But with several lawmakers who noted they have relatives with prosthetic limbs voting in sympathy with their kin, the bill was voted out of committee and will be heard on the floor.
Agriculture Sustainability:
A Cache County Representative is trying to continue a more than decade-long effort to create a system of public financing for agricultural lands in Utah. Numerous attempts to get the citizens in Cache County to approve taxing themselves to help preserve agricultural lands have failed. Now Representative Draxler, with the aid and support of the Commissioner of Agriculture and Food, is attempting to get the legislature to mandate that Farmland Assessment Act (Greenbelt) rollback taxes be placed in a special fund to finance preservation of agricultural lands.
Such a mandate would be a major violation of the agreement made in 1969 when the legislature first passed the Farmland Assessment Act supported by other business interests to ensure the preservation of agricultural lands and prevent it from being taxed out of production. The five year rollback tax was negotiated to provide a way to repay some of the subsidy given agricultural lands when it is sold out of agricultural production. To now ask that the token repayment for the years of subsidy violates the agreement and smacks of greed.
Besides violating a long-standing agreement HB-102 would increase property taxes in counties where it is implemented on all property taxpayers to establish yet another subsidy for agriculture land in Utah. House members in committee opposing the bill argued that it is not another subsidy that will created sustainable agriculture, rather profitability. Without profits, they argued, purchasing of development rights by government will not sustain the lands.
UMA opposes this measure because it is a tax increase for business. The bill is currently being held in committee but the sponsor is trying desperately to find a way to spring it from the committee.
Waste Fee and Related Amendments:
Containing the elements of a nearly yearlong effort to find a way to stop siphoning off environmental fees paid by industry to the Environmental Quality Restricted Account residing in the Department of Environmental Quality, HB-331 has been assigned to committee for next week. This UMA supported bill also contains a proposed solution to inadequate funding in DEQ that will ensure that Utah can continue primacy on environmental programs that are critical to industry and ensure their ability to operate. Intent language is being added to the appropriations bill to also help ensure that industries can help finance complicated permits to keep them moving timely toward completion.
Climate Change Resolution:
The Senate Natural Resources on Friday approved a resolution to Congress urging them to reverse the decision by the Obama Administration to have EPA regulate Greenhouse Gas based on a carbon dioxide “endangerment finding”.
EPA is not well positioned to regulate CO2. Congress is going to have to act to wrestle this issue away from the administration. Carbon Dioxide reduction under EPA could be very costly for industry and very disruptive to the economy. UMA supports this resolution.
Things will begin to really heat up now that leadership knows how much money they have to work with and can now focus on getting bills to committees for a hearing and back for action before the March 11 adjournment.
Agriculture Sustainability:
A Cache County Representative is trying to continue a more than decade-long effort to create a system of public financing for agricultural lands in Utah. Numerous attempts to get the citizens in Cache County to approve taxing themselves to help preserve agricultural lands have failed. Now Representative Draxler, with the aid and support of the Commissioner of Agriculture and Food, is attempting to get the legislature to mandate that Farmland Assessment Act (Greenbelt) rollback taxes be placed in a special fund to finance preservation of agricultural lands.
Such a mandate would be a major violation of the agreement made in 1969 when the legislature first passed the Farmland Assessment Act supported by other business interests to ensure the preservation of agricultural lands and prevent it from being taxed out of production. The five year rollback tax was negotiated to provide a way to repay some of the subsidy given agricultural lands when it is sold out of agricultural production. To now ask that the token repayment for the years of subsidy violates the agreement and smacks of greed.
Besides violating a long-standing agreement HB-102 would increase property taxes in counties where it is implemented on all property taxpayers to establish yet another subsidy for agriculture land in Utah. House members in committee opposing the bill argued that it is not another subsidy that will created sustainable agriculture, rather profitability. Without profits, they argued, purchasing of development rights by government will not sustain the lands.
UMA opposes this measure because it is a tax increase for business. The bill is currently being held in committee but the sponsor is trying desperately to find a way to spring it from the committee.
Waste Fee and Related Amendments:
Containing the elements of a nearly yearlong effort to find a way to stop siphoning off environmental fees paid by industry to the Environmental Quality Restricted Account residing in the Department of Environmental Quality, HB-331 has been assigned to committee for next week. This UMA supported bill also contains a proposed solution to inadequate funding in DEQ that will ensure that Utah can continue primacy on environmental programs that are critical to industry and ensure their ability to operate. Intent language is being added to the appropriations bill to also help ensure that industries can help finance complicated permits to keep them moving timely toward completion.
Climate Change Resolution:
The Senate Natural Resources on Friday approved a resolution to Congress urging them to reverse the decision by the Obama Administration to have EPA regulate Greenhouse Gas based on a carbon dioxide “endangerment finding”.
EPA is not well positioned to regulate CO2. Congress is going to have to act to wrestle this issue away from the administration. Carbon Dioxide reduction under EPA could be very costly for industry and very disruptive to the economy. UMA supports this resolution.
Things will begin to really heat up now that leadership knows how much money they have to work with and can now focus on getting bills to committees for a hearing and back for action before the March 11 adjournment.
UTAH UTILITY PLANS UPGRADES IN CACHE VALLEY
February 20, 2010 - The Associated PressLOGAN » Rocky Mountain Power says demand for electricity in Cache valley is increasing so fast it has to upgrade a transmission line and a substation.
Power consumption demands in the basin are increasing by 5 percent a year -- a rate that Rocky Mountain Power likens to a runaway freight train.
The utility plans to rebuild a substation near Green Canyon as well as seven miles of high-voltage transmission lines to serve south-end communities including Hyrum and Wellsville.
Utility spokesman Dave Eskelsen says those projects should be complete by summer 2011.
In October, nearly 9,000 customers in the south valley lost power during an equipment failure blamed on wear and tear.
WHITE HOUSE RELEASES DRAFT NEPA GUIDANCE
February 20, 2010 - Noelle Straub, E&E reporterFederal agencies will be required to consider greenhouse gas emissions and climate change when carrying out National Environmental Policy Act reviews under draft guidance released today by the White House.
In related actions, the Council on Environmental Quality also released draft guidance specifying when there is a need to monitor environmental mitigation commitments made during the NEPA process and separate draft guidance clarifying the use of so-called categorical exclusions. The office also revamped its Web site to provide enhanced public tools for reporting on NEPA activities.
"Our country has been strengthened by the open, accountable, informed and citizen-involved decision-making structure created by NEPA," CEQ Chairwoman Nancy Sutley said in a statement. "We are committed to making NEPA workable and effective, and believe that these changes will contribute significantly to both goals."
The draft guidance on climate change says that if a proposed federal action would be reasonably anticipated to cause direct emissions of 25,000 metric tons or more of carbon dioxide equivalent annually, it would trigger a quantitative analysis. For long-term actions that have annual direct emissions of less than that amount, CEQ still encourages federal agencies to consider whether the action's long-term emissions should receive similar analysis.
CEQ will accept public comment on the guidance for 90 days.
The draft guidance does not apply to land and resource management actions and does not propose to regulate greenhouse gases, the agency noted. But CEQ is seeking public comment on the appropriate means of assessing climate change effects of land management activities so it can decide whether to recommend any particular protocols for assessing land management practices and their effect on carbon release and sequestration.
The guidance says that in an agency's analysis of direct effects of greenhouse gas emissions, it would be appropriate to quantify cumulative emissions over the life of the project; discuss measures to reduce emissions, including consideration of reasonable alternatives; and qualitatively discuss the link between such emissions and climate change. However, the guidance adds, it is not currently useful for the NEPA analysis to attempt to link specific climatological changes to the particular project or emissions, as such direct linkage is difficult to isolate and to understand.
Examples of proposals that may warrant a discussion of the greenhouse gas impacts of various alternatives, as well as possible measures to mitigate climate change impacts, include approval of a large solid waste landfill, approval of energy facilities such as a coal-fired power plant, or authorization of a methane-venting coal mine, the agency said.
And a proposal for long-term development of transportation infrastructure on a coastal barrier island would likely need to consider whether environmental effects or design parameters may be changed by the projected increase in the rate of sea level rise.
CEQ has been asked for guidance informally by federal agencies and formally in a petition filed in 2008 by three groups calling for CEQ to amend NEPA regulations to address climate change. The petition was filed by the Sierra Club, Natural Resources Defense Council and International Center for Technology Assessment.
CEQ also released draft guidance on NEPA mitigation and monitoring. NEPA compliance is often completed with a "finding of no significant impact," or FONSI, meaning a more detailed environmental impact statement is not required. The draft guidance clarifies that when the FONSI depends on successful mitigation, those requirements should be made public and be accompanied by monitoring and reporting.
The draft guidance also applies to monitoring and mitigation commitments made in an environmental impact statement or a record of decision. The document lays out three goals, saying that proposed mitigation should be considered throughout the NEPA process, that a monitoring program should be created or strengthened to ensure mitigation measures are implemented and effective, and that public participation and accountability should be supported through proactive disclosure of agency mitigation monitoring reports and documents.
CEQ will accept public comment on the draft for 90 days.
CEQ also released draft guidance on the use of a broad categories of activities under which agencies may apply a "categorical exclusion" from further NEPA review. The draft guidance addresses how agencies establish, apply and review categorical exclusions. It encourages agencies to engage the public in some way, most often through notification or disclosure, before using the categorical exclusion and to provide public information afterward about how they were used.
While CEQ previously has sought public comments on the topic, the draft guidance provides additional clarifications, so it will seek additional public comment for 45 days.
"It's very encouraging to see that after 40 years of success in protecting our environment, the Obama administration is adapting the law to help it better address the greatest environmental challenge of today -- climate change," Sierra Club Executive Director Carl Pope said in a statement. "Given the impacts of global warming pollution, considering these emissions under NEPA is clearly the right thing to do."
"Before today's draft guidance on climate change is finalized, we urge the administration to further expand its scope to address global warming emissions and climate change impacts relating to America's public lands in addition to the already-covered federal projects," he added.
February 20, 2010
Sources in Washington report that President Obama has developed his own comprehensive health care legislation to bridge the differences between House and Senate Democrats in time for his announced health care summit next Thursday. While not even Democrats have seen the plan it is expected to be on the internet on Monday.
February 20, 2010
Yvo de Boer, the U.N. official who shepherded troubled climate talks for nearly four years, announced his resignation effective July 1. The fate of any new treaty on global warming is now on an uncertain path. de Boer is said to be exhausted and frustrated by unrelenting bickering between rich and poor countries.
THE UPCOMING HEALTH SUMMIT
February 20, 2010 – National Association of Manufacturers
All efforts are focused on next Thursday’s health summit – an event that will likely drive congressional leadership’s next steps on health reform. While Republicans had hoped the summit would be the catalyst for a robust discussion on the tactics to achieve principles of agreement – namely cost containment and expanding access – the release of President Obama’s summit agenda and “ground rules” indicates that the discussion and next steps are already pre-determined.
Senate
Despite public distaste for the process, the Administration and Democratic leadership have not abandoned using reconciliation as a method for passing some sort of reform – particularly if the upcoming health summit fails to engage Republicans in the process. The Administration claims it is taking the lead on drafting this package with input from Democratic leadership. We have heard that the reconciliation package will be published early next week. It is unclear whether anything related to a health exchange or a public plan option, which has gained momentum in recent days, will be included.
Although still hoping to “start over” on health care, some Senate Republicans are looking at other options as well. Senator Gregg (R-NH), former chairman of the Senate Health, Education, Labor and Pensions (HELP) Committee and one of the many members retiring this year, is forging a plan that may include some of the provisions in the current Democratic bills, such as requiring everyone over age 18 to get coverage.
House
The President’s call for the Republicans to present an alternative health plan in preparation for the upcoming summit discussion has prompted House Republicans to promote their version of health reform. According to the GOP, their bill “implements common-sense reforms to lower premiums for families and small businesses by up to 10 percent, according to the non-partisan Congressional Budget Office, without raising taxes, slashing Medicare, or putting federal bureaucrats in charge of health care”. Republicans continue to call for an organic discussion with a fresh bill and have identified medical malpractice reform as one specific area of agreement with the Administration that they wish to discuss. It’s not clear where the middle ground is – and trial lawyers are strongly pushing back on monetary caps that Republicans, physician groups and business organizations have long requested.
Administration
A recent Zogby poll shows that 56.4 percent of Americans are calling for Congress to take an incremental approach to health care reform versus a comprehensive one, with 43.2 percent saying they “strongly oppose” current legislation. This would appear to be a call for the Administration to work in a bipartisan way on a few key areas that have broad agreement.
NAM SEEKS YOUR INPUT ON IMMIGRATION
February 20, 2010 – NAMAll efforts are focused on next Thursday’s health summit – an event that will likely drive congressional leadership’s next steps on health reform. While Republicans had hoped the summit would be the catalyst for a robust discussion on the tactics to achieve principles of agreement – namely cost containment and expanding access – the release of President Obama’s summit agenda and “ground rules” indicates that the discussion and next steps are already pre-determined.
Senate
Despite public distaste for the process, the Administration and Democratic leadership have not abandoned using reconciliation as a method for passing some sort of reform – particularly if the upcoming health summit fails to engage Republicans in the process. The Administration claims it is taking the lead on drafting this package with input from Democratic leadership. We have heard that the reconciliation package will be published early next week. It is unclear whether anything related to a health exchange or a public plan option, which has gained momentum in recent days, will be included.
Although still hoping to “start over” on health care, some Senate Republicans are looking at other options as well. Senator Gregg (R-NH), former chairman of the Senate Health, Education, Labor and Pensions (HELP) Committee and one of the many members retiring this year, is forging a plan that may include some of the provisions in the current Democratic bills, such as requiring everyone over age 18 to get coverage.
House
The President’s call for the Republicans to present an alternative health plan in preparation for the upcoming summit discussion has prompted House Republicans to promote their version of health reform. According to the GOP, their bill “implements common-sense reforms to lower premiums for families and small businesses by up to 10 percent, according to the non-partisan Congressional Budget Office, without raising taxes, slashing Medicare, or putting federal bureaucrats in charge of health care”. Republicans continue to call for an organic discussion with a fresh bill and have identified medical malpractice reform as one specific area of agreement with the Administration that they wish to discuss. It’s not clear where the middle ground is – and trial lawyers are strongly pushing back on monetary caps that Republicans, physician groups and business organizations have long requested.
Administration
A recent Zogby poll shows that 56.4 percent of Americans are calling for Congress to take an incremental approach to health care reform versus a comprehensive one, with 43.2 percent saying they “strongly oppose” current legislation. This would appear to be a call for the Administration to work in a bipartisan way on a few key areas that have broad agreement.
NAM SEEKS YOUR INPUT ON IMMIGRATION
Due to the increased focus on comprehensive immigration reform, the NAM would like to take this opportunity to better understand the specific areas of interest to your organization. Please review the following survey on visas and E-Verify and let us know what matters to your company/organization so that we can best represent your interests.
You can access the survey by clicking here or by copying and pasting the URL below into your web browser.
https://www.surveymonkey.com/s/5Y59XSK
Thank you in advance for your time,
Jeri G. Kubicki
Vice President, Human Resources Policy
Direct: (202) 637-3127
Email: jkubicki@nam.org
JANUARY CONSUMER PRICES RISE LESS THAN EXPECTED
February 20, 2010 – Today in Manufacturing.net
Consumer prices edged up 0.2 percent in January while prices excluding food and energy actually fell, something that hasn't happened in more than a quarter-century... continue the article at this link http://www.manufacturing.net/article.aspx?id=242518&wnnvz=1750,01299296586
E-Verify is becoming a nationally known removal symbol, that the federal government introduced against unscrupulous employers who hire illegal labor. Most Liberal Democrats and even Republicans have tried to use their influence, to hide it from public attention. In partnership with certain members of our corrupt government, unions, the church and other groups sympathetic to the illegal alien cause or plain money economics, have used deceit, under funding or the off-switch, to dispose of the computer application. Sen. Harry Reid, Nancy Pelosi was the epitome of deception and nearly managed to table it in the Senate. Like any law that trespasses on business profits, E-Verify has been ascertained as full of errors and was worthless. It might have been to the advantage of pariah companies, but not to the 15 million Americans out-of-work. I'm an Independent, but I have thrown my lot in with the tea-baggers, hoping to rid the political parties of raw CORRUPTION.
ReplyDeleteThink on this! We are told we don't have the money to deport the 20 to 30 million already here? But states like SANCTUARY CALIFORNIA and across our nation, seem to locate the money for education, free health care treatment, prisons and a hundred and one hidden subsidies, that are denied to American's poor in many instances. Time and again, you will read that the PC run program is derogatory to citizens and green card holders alike, when if a E-Verify job applicant is rejected he can assert his rights at the Social security building in his community. SIMPLY STATING THAT NOBODY WITH INELIGIBLE DOCUMENTATION, WILL STAY AT A DISTANCE FROM THE SSA OFFICES. This is obviously not spelled out in the liberal press, associated websites or even negative bloggers comments. The Fact is they don't want to divulge the truth, to the general public and specially to all the working population.
Our immigration enforcement programs are upside down, because Washington and the open border lobbyists have engineered it that way. We legally in this country have never undertaken, to research the truth about the decades of neglect under different administrations. We have been taken to the cleaner's for years, because we never seriously asked questions because we didn't have access to lawmakers? But the Internet has changed all that and anybody today can unravel the truth about the millions of illegal immigrants squatting here. YOU THE TAXPAYER ARE FORKING OUT THE BILLIONS? SO YOU SHOULD GOOGLE THE TRUTH AND FIND OUT WHERE YOUR TAXES ARE GOING? While you about it, research SMARTBUSINESSESPRACTICES. dot.com. NUMBERSUSA.dot.com and read about the WASHINGTON AND STATE CORRUPTION AT JUDICIAL WATCH. dot. org
At the same time call those phonies at the Capitol switchboard 202-224-3121 and ask them why are they trying to sell us on another AMNESTY, when the last one was never enforced. At the same time asked them why they have cut-back on ICE raids or why Janet Napolitano isn't doing her Homeland Security (HSC) job properly and evidently listening to open border lobbyists. HS chief has deliberately cut funding for the State, county and city police training programs, so they can arrest illegal aliens and send them home. In addition E-Verify has been recommended in the future to unmask illegal immigrant fraudulent mortgages and loan restructuring, transportation drivers licenses, vehicle registrations, insurance and health care.irregularities. It could also be used to detect illegal aliens voting in our elections as well. Our country is overrun by not just job seeking illegals, but hardened gangs and a list of habitual criminals who have run rampant.
Be ready to deflate these tired old wealthy legislators brought and sold, beginning with the mid-term elections. PUBLIC UPROAR IS THE ONLY WAY TO GET THINGS DONE? American jobs for American people. One flag--One language. No Copyright. Copy and Paste. Watch for illegal aliens voting in--NEVADA--this 2010.