Posts tagged ‘Arizona’

LMAO At the Nerve of Solar Companies. Please Don't Corrupt The Term "Free Market" By Trying to Apply it to Yourselves

Our public utility APS wants to enter the rooftop solar business.  As a ratepayer and taxpayer, I have deep concerns about this because of the numerous ways this venture could end up with various hidden subsidies.

However, I find it simply hilarious that current rooftop solar providers, including #1 subsidy whore and crony capitalist SolarCity.  Here is what trade group Arizona Solar Energy Industry Association wrote in an email to me today.  I have highlighted some of the bits that got my blood boiling this morning:

In an unprecedented announcement that took the solar industry by surprise, Arizona’s largest utility, APS, announced that it intends to begin competing directly with Arizona solar installers. APS announced Monday that it is seeking permission to spend between $57 and $70 million -not including its profits- of ratepayer money to install solar on the roofs of homes in its service territory and to compete directly with solar installers of all sizes.

The idea of our members who compete in the free market today having to all of a sudden compete with a regulated monopoly is frightening. How would you like it if the government just stepped in and started competing with your business?” said Corey Garrison, CEO of Arizona based Southface Solar and treasurer of Arizona Solar Energy Industries Association (AriSEIA). "APS has proposed subsidizing certain customers that allow it to put solar on their rooftops while the free market gets no more utility subsidy and actually gets charged for going solar."

It has been well publicized that APS spent much of the last year in a battle with the very industry it now seeks to dominate. Throughout 2013 APS urged the Arizona Corporation Commission to install a huge monthly tax on those who would put solar on their roof. It has also been reported that APS urged the Department of Revenue to institute a new property tax on rooftop solar panels that are leased to customers.

“After spending a year misleading the public with well-publicized lies and misdirection, APS seems to think this is a good time for it to be rewarded with an expansion of its monopoly franchise” said Corey Garrison

Unlike rooftop solar companies that must compete with each other on a level playing field, APS earns a guaranteed rate of return off of its assets including these proposed rooftop solar installations. If approved, APS would be permitted to advertise its solar product in its customer bills and to use its customer lists to market and sell, all with employees paid for by ratepayers. Unlike traditional, free market rooftop solar which is paid for only by the customer that installs the system, APS will be asking all its ratepayers to pay the cost of, and guarantee its profits on, each of the systems it installs under this program.

This is a massive expansion of the monopoly into an area that is well served by the free market” continued Garrison, “what’s next; will APS ask to sell electric cars or ovens or some other set of goods or services?”

This is hilarious.  The rooftop installers in AZ lost some of the subsidy from power companies (e.g. APS) over the past years but still get a myriad of subsidies for themselves and their customers.  We will use one of the larger installers, SolarCity, as an example.  This is from the SolarCity web site:

Federal, state and local governments offer incredible solar tax credits and rebates to encourage homeowners to switch to renewable energy to lower their energy usage and switch to solar power. The amount of the rebate subsidy varies by program, but some are generous enough to cover up to 30% of your solar power system cost.

The federal government allows you to deduct 30% of your solar power system costs off your federal taxes through an investment tax credit (ITC). If you do not expect to owe taxes this year, you can roll over your credit to the following year.

.... Some locations have additional incentives to make solar even more affordable.  SolarCity will get the most for your project

SolarCity is committed to helping you benefit from every federal, state and utility rebate and tax credit available for your energy upgrade projects.

Navigating through government rebate programs on your own can be intimidating. SolarCity will identify all of the qualifying tax credit and rebate programs for your system and file the required paperwork for you. We will even credit you for the state rebate upfront so that you do not have to wait for the government to send you a check later.

This language is a bit odd, since in most cases SolarCity captures these credits for themselves and then passes on the savings (presumably, but maybe not) to customers via lower power costs, exactly the same model APS is proposing.

Customers, however, must sign a contract agreeing to cede "any and all tax credits, incentives, renewable energy credits, green tags, carbon offset credits, utility rebates or any other non-power attributes of the system" to SolarCity. The tax credits are passed on to its investors, which include the venture-capital firms Draper Fisher Jurvetson, DBL Investors and Al Gore's Generation Investment Management LLP.

The description by solar installers that they somehow represent the "free market" is simply hilarious, given the dependence of their industry on taxpayer subsidies (either of the installers or the customers).  SolarCity admits that their business would actually never be able to operate in a free market:

SolarCity officials, including Musk’s cousins and fellow Obama donors Lyndon and Peter Rive, acknowledged the company’s dependence on government support in its 2012 IPO filing. “Our business currently depends on the availability of rebates, tax credits and other financial incentives,” they wrote. “The expiration, elimination or reduction of these rebates, credits and incentives would adversely impact our business.”

A more recent SolarCity filing with the Securities and Exchange Commission notes: “[The company’s] ability to provide solar energy systems to customers on an economically viable basis depends on our ability to finance these systems with fund investors who require particular tax and other benefits.”

Rooftop installers also have their business buoyed by government mandates that power companies pay residential solar producers 2-3x the going wholesale market rate for any electricity they put into the grid

SolarCity also benefits from "net metering" policies that 43 states, including California, have adopted. Utilities pay solar-panel customers the retail power rate for the solar power they generate but don't use and then export to the grid. Retail rates can be two to three times as high as the wholesale price of electricity because transmission and delivery costs, along with taxes and other surcharges that fund state renewable programs, are baked in.

So in California, solar ratepayers on average are credited about 16 cents per kilowatt hour on their electric bills for the excess energy they generate—even though utilities could buy that power at less than half the cost from other types of power generators.

This was the battle referred to obliquely in the press release above.  The electric utility APS wanted to stop overpaying for power from these rooftop solar installations.   Rooftop installers fought back.  In the end, a fixed charge was placed on homeowners to account for part of this over-payment, an odd solution in my mind that seems to have ticked off both sides.

So the supposedly "free market" rooftop companies are competing successfully with regulated utilities because they got Federal, state, and local subsidies; are exempted from things like paying property tax on leased equipment that every other business has to pay; and get a mandate from the state that utilities have to pay double the market price for their power.  Is it any wonder that a regulated utility, which is no stranger to cronyism and feeding at the subsidy trough, might want to get a piece of that action?

ASEIA, you are welcome to duke it out for first spot at the trough with APS, but don't corrupt the word "free market" by trying to apply the term to yourselves.

Forget Halbig. Obama May Have Lost the Senate By Giving Subsidies to the Federal Exchange

In Halbig, the DC Circuit argued that the plain language of the PPACA should rule, and that subsidies should only apply to customers in state-run exchanges.  I am going to leave the legal stuff out of this post, and say that I think from a political point of view, Obamacare proponents made a mistake not sticking with the actual language in the bill.  The IRS was initially ready to deny subsidies to the Federal exchanges until Administration officials had them reverse themselves.  When the Obama Administration via the IRS changed the incipient IRS rule to allow subsidies to customers in Federal exchanges, I believe it panicked.  It saw states opting out and worried about the subsidies not applying to a large number of Americans on day 1, and that lowered participation rates would be used to mark the program as a failure.

But I think this was playing the short game.  In the long game, the Obama Administration would have gone along with just allowing subsidies to state-run exchanges.  Arizona, you don't want to build an exchange?  Fine, tell your people why they are not getting the fat subsidies others in California and New York are getting.  Living in Arizona, I have watched this redder than red state initially put its foot down and refuse to participate in the Medicaid expansion, and then slowly see that resolve weaken under political pressure. "Governor Brewer, why exactly did you turn down Federal Medicaid payments for AZ citizens?  Why are Arizonans paying taxes for Medicaid patients in New Jersey but not getting the benefit here?"

Don't get me wrong, I would like to see Obamacare go away, but I think Obama would be standing in much better shape right now had he limited subsidies to state exchanges because

  1. The disastrous Federal exchange roll-out would not have been nearly so disastrous without the pressure of subsidies and the data integration subsidy checks require.  Also, less people would have likely enrolled, reducing loads on the system
  2. Instead of the main story being about general dissatisfaction with Obamacare, there would at least be a competing story of rising political pressure in certain states that initially opted out to join the program and build an exchange.  It would certainly give Democrats in red and purple states a positive message to run on in 2014.

Speaking of Gay Marriage...

The State of Arizona has filed a brief in a court case challenging its man-and-woman definition of marriage, detailing why it thinks this definition is necessary.  I won't go into the whole thing, but I want to address two points made by the state.  Here is the first:

The state regulates marriage for the primary purpose of protecting relationships that would produce children and let those children grow up with a biological mother and father.

Dalton said marriage laws are meant to ensure a stable environment exists for children and aren't based on any sort of ill will toward gay people.

They can pretend this all they want, but it is not true.  Marriage is deeply intertwined into state law, everything from taxation to patient rights in hospitals to inheritance to real estate law.  In all, I found hundreds of different references to marriage in the state code, only a minority of which had anything to do with children

I searched the Arizona Revised Statutes for mentions of the words "spouse" or "spouses".  These words are used 1133 times in 373 different statutes!  The Our America team told me they counted over a thousand references in Federal code.  In other words, our law codes give -- in thousands of instances -- specific rights, responsibilities, and privileges to married couples who have access to a state-granted marriage license.  Those left out of the current unequal definition of marriage face any number of challenges imposed on them by these specifics of spousal rights and privileges embedded in our law code.  I call this the non-marriage penalty.

The other argument I want to address is this one:

In earlier documents, lawyers offered evidence they say suggests redefining marriage would lead to fewer men and women marrying each other and greater instability in existing marriages.

Included were statistics showing that in five states where same-sex marriage had become legal, overall marriage rates had dropped from 2010 to 2011 and the divorce rate in one state, Massachusetts, had risen sharply.

Perhaps the Arizona Republic is portraying this "evidence" incorrectly, but what is described is pathetic.  A one-year change in marriage rates (or about anything else) is just noise, and is even more useless when one cherry-picks just a few states that have the data you want and fail to provide any controls or sense for how this compare to long-term trends.  Further, is is just crazy to think that societal trends work this way.  People don't change fundamental behaviors like marriage in mass after such a change -- for example divorce rates took decades to rise after liberalizations in divorce laws.  Besides, no one can demonstrate any mechanism by which this occurs.  I am not big on anecdotal evidence but no one can even come up with an anecdote:  "Mabel and I were going to get married in June, had the church all picked out, but then they let those gays marry and we decided marriage was not for us."  Seriously?  This is some Conservative fantasy.  Like anecdotes, I don't like polling data, but where is the polling data that says "I am less likely to marry my girlfriend if gays can marry too."

By the way, as I have written before, if Arizona is really concerned about protecting the institution and seriousness of marriage, they should ban Kardashian marriage instead.

 

Driving Arizona From Libertarian-Republican to Conservative to Democrat

One local columnist thinks Andrew Thomas can win the Republican nomination for governor.  God forbid.  I would vote for Elizabeth Warren for governor before I voted for Andrew Thomas (or see the Phoenix New Times coverage).  Forget for a moment about his awful policy prescriptions, he is corrupt, and a serial abuser of power.

Last year when we finally folded up shop on Equal Marriage Arizona, a big reason we did so was lack of support from large gay rights groups.  A few said they had trust issues with a center-Right coalition to legalize gay marriage.  Fine.  But several said they did not want the gay marriage issue solved from the center-Right, they wanted Democrat credit for it.  Further, they did not want it solved in 2014, because they wanted to run on it to shift Arizona blue in 2014 and 2016.

I was skeptical of the latter, but it may be possible if the Republicans run Andrew Thomas.

Exaggerating Transit Use for Fun and Higher Taxes. Or How PIRG Supports the 1% over the 99%

The Arizona PIRG has a report that can be summarized as "transit is increasing fast, driving is falling, all of our future investment should be in transit".  The Valley Fever blog has the story:

Arizonans are driving less, and relying more on public transportation, according to a report from the Arizona Public Interest Research Group Education Fund.

The shift is causing the Arizona PIRG Education Fund to recommend that public officials shift funding away from more highway projects, and more toward other transportation options."

"We recommend that transportation officials and elected leaders look at the data today, and not outdated assumptions, to make sure that any highway projects are absolutely necessary," Arizona PIRG Education Fund executive director Diane Brown tells New Times....

In the Phoenix metro area, the light rail opened in late 2008 and is already experiencing ridership numbers that weren't projected to be reached until the year 2020. In 2013, the Valley Metro transit system experienced a record high annual ridership, and between 2007-2013, boardings on Valley Metro transit service jumped from 60 million to more than 75 million - an increase of 25 percent. The Northern Arizona Intergovernmental Public Transportation Authority recently saw its highest monthly ridership in October 2013. And in Yuma, ridership on Yuma County Area Transit has tripled since 2011.

The report suggests that public officials re-allocate their focus and funding, away from building new highways and toward more transportation options.

This is a fantasy.

There is an enormous amount of obfuscation going on here.  The percentage rise of public transit trips is actually the miracle of small numbers -- small changes on an even smaller base.  The point of these charts is to try to say that Arizonans use a lot of transit and we should dump more billions into these projects.  As it turns out, despite all the huge public investment, transit is still a rounding error.

Note that, from their own report, driving vehicle miles per capita are 9175 per person per year.  So lets look at transit.  They exaggerate by showing averages for Phoenix and Tucson, where transit use is higher, not for the whole state like they show vehicle miles.  The total state transit miles per person in the same year, using their numbers, turns out to be as low as 64 (if no one outside of Phoenix or Tucson uses transit) and as high as 110 (if everyone outside of Phoenix and Tucson uses transit at the same rate as in the cities).  The likely number is around 75.

This means that after all these billions and billions of transit spending, transit trips are 0.8% of vehicle trips (75 vs. 9175). That is a rounding error.  You sure wouldn't get that impression from the report.  The Public Interest Research Group has a funny view of "public interest", putting the desired transportation mode of the 0.8% over the desired choice of the 99.2%

Well, you say, I should compare the increase in transit to the decrease in driving.  OK.  Again using their numbers:  Vehicle driving miles went down 348 per capita over the study period.  In the same time, per capital transit miles went up by about 26 in Phoenix and Tucson (likely less in the state as a whole).  So, at best, transit ridership accounts for about 7% of the drop in driving.

This is not nothing, but hardly justifies the enormous increase in transit spending over the last 15 years and the billions and billions in capital investment.

Oh, and by the way, Phoenix Light Rail ridership has cannibalized bus ridership about 1 for 1.  That means all that investment in light rail has just shifted riders to a more expensive, less flexible transit mode.  But that is another story.

The Real Money in the Climate Debate

I have yet to meet a skeptic who reports getting any money from mysterious climate skeptics.  A few years ago Greenpeace had a press release that was picked up everywhere about how Exxon was spending big money on climate denialism, with numbers that turned out to be in the tens of thousands of dollars a year.

The big money has always been in climate alarmism.  Climate skeptics are outspent a thousand to one.  Here is just one example

It sounds like the makings of a political-action thriller. The National Geospatial Intelligence Agency (NGA) has awarded Arizona State University a five-year, $20 million agreement to research the effects of climate change and its propensity to cause civil and political unrest.

The agreement is known as the Foresight Initiative. The goal is to understand how climate-caused disruptions and the depletion of natural resources including water, land and energy will impact political instability.

The plan is to create visually appealing computer models and simulations using large quantities of real-time data to guide policymakers in their decisions.

To understand the impacts of climate change, ASU is using the latest advances in cloud computing and storage technologies, natural user interfaces and machine learning to create real-time computer models and simulations, said Nadya Bliss, principal investigator for the Foresight Initiative and assistant vice president with ASU's Office of Knowledge and Development.

I can tell you the answer to this study already.  How do I know?  If they say the security risks are minimal, there will be zero follow-up funding.  If they say the security risks are huge, it will almost demand more and larger follow-up studies.  What is your guess of the results, especially since the results will all be based on opaque computer models whose results will be extremely sensitive to small changes in certain inputs?

Postscript:  I can just imagine a practical joke where the researchers give university officials a preview of results.  They say that the dangers are minimal.  It would be hilarious to see the disappointment in the eyes of all the University administrators.  Never in history would such a positive result be received with so much depression.  And then the researchers would say "Just kidding, of course it will be a catastrophe, it will be much worse than predicted, the badness will be accelerating, etc."

An Idea on Grade Inflation

Grade inflation is back in the news, as the Harvard Crimson reports that the median grade at Harvard is an A-.  This is clearly absurd.  It reminds me of some of the old Olympics judging where they had a 10 point scale but everyone scored between 9.7 and 9.9.  The problem is not necessarily that the mean is skewed, but that there is almost no room left to discriminate between high and low performance.

There is one potential way to combat this, and it was invented by colleges themselves.  Consider grading in high school.  My kids go to a very tough-grading private school where A's are actually hard to get.  The school sends (for Arizona) a fairly high percentage of its students to Ivy and Ivy-level schools, but the school produces someone with a perfect 4.0 only once every four or five years.  Compare that to our local public school, that seems to produce dozens of perfect 4.0's every year -- in fact since it adds a point for honors classes, it produces a bunch of 5.0's.

Colleges understand that a 3.7 from Tough-grading High may be better than a 5.0 from We-have-a-great-football-team High.  They solve this by demanding that when high schools provide them with a transcript, it also provide them with data on things like the distribution of grades.

Employers should demand something similar from colleges.  This is a little harder for employers, since colleges seem to be allowed to legally collude on such issues while employers can get sued over it.  But it seems perfectly reasonable that an employer should demand, say, not only the student's grade for each class but also the median and 90th percentile grades given in that same class.  This will allow an employer to see how the school performed relative to the rest of the class, which is really what the employer cares about.  And schools that have too many situations where the student got an A, the median was an A, and the 90th percentile was an A may get punished over time with less interest from the hiring community.

One way to get this going is for an influential institution to start printing transcripts this way.  The right place to start would be a great institution that feels it has held the line more on grade inflation.  My alma mater Princeton claims to be in this camp, and I would love to see them take leadership on this (the campus joke at Princeton during the Hepatitis C outbreak there was that at Harvard it would have been Hepatitis A).

Postcript - An alternate grading system from Harvard Business School:  When I was at HBS, they did not give A's and B's.  We had three grades called category I, II, and III.   By rule, the professor gave the top 15% of the class category I, the bottom 10% category III, and everyone else got a category II.  I actually thought this was a hell of a system.  It discriminated at the top, and provided just enough fear of failure to keep people from slacking.

Young People Voting Democrat

John Hinderaker laments

Harvard’s Institute of Politics released a poll yesterday that showed millennials’ trust in government at a historic low. This chart shows how many respondents said that they trust the entity in question to do the right thing either all of the time or most of the time. Notably, 20% of millennials said they trust the federal government to do the right thing; 32% said they trust the president; and 14% trust Congress. State and local governments (and, appallingly, the United Nations) fared a little better, but distrust of government is clearly the order of the day....

Which raises, not for the first time, a question I can’t answer: why do people who don’t trust government keep voting for more of it? For a long time, young people have voted mostly Democrat. Which means they are voting to give more of their money, and more control over their lives, to government–especially the federal government. Why would they do that, if only 20% of them trust the federal government to do the right thing?

I won't give a simplistic answer to a complex social issue, but I have a theory that explains at least part of this: gay marriage and other social issues.  I get a chance to work with young people a lot, and generally they don't seem to be focused on tax and regulatory issues.  They haven't been deep enough into the productive economy (and many will be convinced by their universities never to enter the productive economy) to understand the effects of government interventionism in the economy.

But one thing young people do know is that they are absolutely turned off by the social conservatism of Republicans.  I read an article the other day by a Conservative lamenting that young people use certain political positions as social status symbols, as self-identifiers that they are among the elite.  But certain ideas also have the opposite affect, acting as a big scarlet A that no one would willingly wear.  Among those are opposition to gay marriage, for example.  Many young folks, regardless of their position on anything else, would be as unlikely to vote for someone who opposed gay marriage as would be a Victorian society woman to openly admit she was a prostitute.  There are certain social positions that many Republicans hold that are complete non-starters to young people, such that they could not consider voting for such a politician even if they agreed with 99% of all the politician's other positions.  This tendency is reinforced by college professors, overwhelmingly of the Left, who tell kids that Republicans are not just people with whom they disagree, but bad people who have no place in civil society.

A year or so ago I got tapped to lead an all-too-brief center-right effort in Arizona to legalize gay marriage.  I cannot tell you how many Republican leaders and politicians came to me in private and thanked us for what we were doing, saying that the Republican party has to be saved from itself.  In the end, we eventually shut the effort down because prominent groups on the Left didn't want a center-right group to get any of the credit.  Some of them wanted the effort to go forward, but only if non-Leftists would bow out of the leadership group, and some said explicitly that they did not want the issue solved yet, because the Democrats wanted to flip Arizona blue in 2014 and 2016 and they needed the gay marriage issue to run on, knowing it was a way to pull otherwise libertarian leaning young people away from the Republicans.

Update:  I would add that opposition to gay marriage among Republicans also poisons young people to other Republican positions, such as smaller government and free markets (though this libertarian would argue that such Republican positions are often in name only, and not consistently followed, but that is another rant).   The biggest lie every person in this country is taught is that somehow Republicans and Democrats offer opposing and internally consistent positions on a political spectrum that only has two dimensions.  So if we don't know much about politics but KNOW Republicans have one really bad position, then the whole package must be bad and we should vote Democrat.  Which causes us to start self-justifying support for things like economic interventionism that we may not know much about but now is part of our team's position.

On Firefox and Wedding Photographers

The OK Cupid website is protesting the Mozilla CEO's past donations to anti-gay-marriage campaigns by asking visitors to use something other than Firefox to browse their site.  Readers will know that I have actually led a past Equal Marriage effort in Arizona, so while sympathetic to the cause here, I don't think I would go so far as to block a browser to my website.  Establishing this precedent that I would boycott services and products based on the political views of company employees (which is the issue here, Mozilla does not have any official position on gay marriage that I know of), I could consume my whole life doing research.  And then I would be stuck with questions like "Are the gay marriage opinions of the Firefox CEO better or worse than Google/Chrome's enabling of censorship in China?  As I have told some folks before, if I really wanted to do do business only with those who agree with me politically, I would find myself stuck for life listening to a couple of Rush albums and watching Firefly and Wire reruns all day.

But anyway, OK Cupid is a private company and I presume they do this with their owner's approval so all's fair in conducting commerce or choosing not to conduct commerce.  Except that just a few weeks ago everyone was arguing that photographers should be forced to serve gay weddings even when they do not wish to do so.  Is this any different?  If we are going to establish a public accommodation standard that a business cannot turn away customers based on political or religious preferences, then don't we have to enforce that in a value-neutral way?

Yet Another Reason to Live in Arizona

Via the Valley Fever blog:

Good news, Diamondbacks fans: Chase Field is still home to the cheapest beer in baseball.

Fourteen ounces of beer at a Diamondbacks game is still $4, making this at least the fifth season in a row the D-backs have had the cheapest beer in baseball.

Just When You Thought You Would Never See Any Of That Stuff From Science Fiction Novels...

Via the New Scientist

NEITHER dead or alive, knife-wound or gunshot victims will be cooled down and placed in suspended animation later this month, as a groundbreaking emergency technique is tested out for the first time....

The technique involves replacing all of a patient's blood with a cold saline solution, which rapidly cools the body and stops almost all cellular activity. "If a patient comes to us two hours after dying you can't bring them back to life. But if they're dying and you suspend them, you have a chance to bring them back after their structural problems have been fixed," says surgeon Peter Rhee at the University of Arizona in Tucson, who helped develop the technique.

The benefits of cooling, or induced hypothermia, have been known for decades. At normal body temperature – around 37 °C – cells need a regular oxygen supply to produce energy. When the heart stops beating, blood no longer carries oxygen to cells. Without oxygen the brain can only survive for about 5 minutes before the damage is irreversible.

However, at lower temperatures, cells need less oxygen because all chemical reactions slow down. This explains why people who fall into icy lakes can sometimes be revived more than half an hour after they have stopped breathing.

via Alex Tabarrok

AZ Corporation Commission's Completely Inadequate Response to My Critique on their Site Security

A while back I wrote about my concerns about the total absence of any security at all in the Arizona corporate annual reporting system

I started the annual reporting process by just typing in the name of my company and getting started.  There was no password protection, no identity check.  They had no way of knowing I had anything to do with this corporation and yet I was answering questions like "have you been convicted for fraud."  The potential for mischief is enormous.  One would have to get the timing right (an annual report must be due before one can get in) but one could easily open the site on January 1 and start entering false information in the registrations for such corporations as Exxon and Wal-Mart.

See for yourself.  Here is their web site.

I showed how one could open and file the report for a company like Wal-Mart, changing all their officers names, and confessing to all sorts of imagined corporate crimes

Again, note what I am saying.  This is not the result of hacking.  This is not lax security I figured out how to evade.  This is the result of no security whatsoever.  I simply went to the link above, clicked on the Wal-Mart Associates link, and then clicked on the annual report link.  I know from doing my own registration that there is a signature page at the end, but all you do is type in the name of an officer and a title -- data that is right there on the site.  It's like asking you for a password after the site just listed all the valid passwords.

The head of the Arizona Corporation Commission wrote me back. Here is here email in its entirety:

Dear Mr. Meyer:

Thank you for your email regarding the Corporations Division.  The Arizona Corporation Commission is the repository for all business formation documents for corporations and limited liability corporations.  We are in full compliance with state statutes.

Submitting false documents to alter another’s corporate structure or status is a crime and carries a Class 4 or Class 5 penalty.  The Commission or the aggrieved business entity may refer the false filing to the Attorney General’s office for prosecution.  Additionally, the individual business entity may pursue a civil cause of action.  The Commission only accepts on-line charges for a few services such as name reservation or to order a certificate of good standing, and the online payment process is completely secure.

Even though the Commission’s existing security measures comply with the state law and are similar to most other states and other Arizona governmental entities like the County Treasurer’s Office, the Commission is looking at implementing new technology to allow for the online submission of additional services – such as the filing of original Articles of Organization and Articles of Incorporation.  We do intend to provide password protected security features when that new technology is offered to the public.

J. Jerich

Executive Director

Arizona Corporation Commission

I had no doubt that submitting a false annual report for Wal-Mart would be illegal.  Duh.  However, it is just incredibly naive that this is the sole extent of the Commission's security, to prosecute people once the damage is done.  Can you imagine if Amazon had the same security policy - "we are getting rid of passwords because it would be illegal for you to buy something from someone else's account."  I wonder if the commissioners leave their doors unlocked at night, trusting in the threat of future prosecution to deter burglary and mayhem in their homes?

Jan Brewer Decides to Obey the Law

Jan Brewer, Arizona governor by grace of Janet Napalitano going to Washington, said she would not run for a third term.  This is actually hilarious, because by our state Constitution she may not serve a third term.  This announcement would be roughly equivalent to Obama announcing next year he was not seeking a third term as President.  It is simply absurd, and an indicator of the low quality of politicians we get in this state, that she actively entertained the extra-Constitutional notion of a third term for so long.

Arizona Corporation Commission Web Site is Criminally Insecure

Today I had to do my annual renewal of my corporate registration in Arizona.  As in most states, this involves a bit of information foreplay followed by the purpose of the exercise -- sending in a check to the corporation commission.

But here is the extraordinarily scary part -- I started the annual reporting process by just typing in the name of my company and getting started.  There was no password protection, no identity check.  They had no way of knowing I had anything to do with this corporation and yet I was answering questions like "have you been convicted for fraud."  The potential for mischief is enormous.  One would have to get the timing right (an annual report must be due before one can get in) but one could easily open the site on January 1 and start entering false information in the registrations for such corporations as Exxon and Wal-Mart.

See for yourself.  Here is their web site.  Below is a screen shot of the site letting me in to edit one of Wal-Mart's corporate registrations in Arizona:

click to enlarge

 

Again, note what I am saying.  This is not the result of hacking.  This is not lax security I figured out how to evade.  This is the result of no security whatsoever.  I simply went to the link above, clicked on the Wal-Mart Associates link, and then clicked on the annual report link.  I know from doing my own registration that there is a signature page at the end, but all you do is type in the name of an officer and a title -- data that is right there on the site.  It's like asking you for a password after the site just listed all the valid passwords.

If I disliked Wal-Mart, I could put all kinds of crazy garbage in here.  I did not go further, because I would have had to answer these questions to proceed and I had no desire to mess with another company's critical data, but if I had gone further I could have changed their mailing address, the names of their officers, etc. -- all I had to do was just pay the $60-ish registration fee for them and they would have a big mess on their hands to sort out.   If I had access to a fake or stolen credit card and a public computer, I could have done it all without any hope of being traced.

By the way, from my experience, this is not unique to Arizona.  This criminally lax behavior seems to be the norm in most states.

I have submitted this all as a complaint to the state, so far with no response.  If anyone in AZ knows how I can get someone's attention with this, let me know.

Why Equal Marriage Needs to Be Legalized, Even if You Don't Think Government Should Have A Role in Marriage

This is an update of a post I wrote here.

One question that keeps coming up, both from libertarians as well as others, is why should government define marriage at all?  Can't anyone get married in any kind of private ceremony?

My response is that yes, in some sort of libertarian small-government world, the state would be irrelevant -- what I used to call separation of marriage and state.

But it turns out that the state is already deeply involved in marriage.  The explicit state licensing of marriage already exists, and our laws in Arizona for this licensing are unequal -- some couples get access to this state license, and some cannot.

What makes this important is that marriage is embedded in hundreds, even thousands, of laws.   I searched the Arizona Revised Statutes for mentions of the words "spouse" or "spouses".  These words are used 1133 times in 373 different statutes!  The Our America team told me they counted over a thousand references in Federal code.  In other words, our law codes give -- in thousands of instances -- specific rights, responsibilities, and privileges to married couples who have access to a state-granted marriage license.  Those left out of the current unequal definition of marriage face any number of challenges imposed on them by these specifics of spousal rights and privileges embedded in our law code.  I call this the non-marriage penalty.

There is no way to rip all these references to marriage out of the law and tax code.  Likewise, there is no way to create an equable marriage alternative such as a civil union -- to do so, we would have to go through and rewrite 373 statutes to incorporate this terminology.   The fairest solution -- the one that most respects individual freedoms -- is to accept that such government licensing of marriage exists and then make it as open and as equal and as fair and as accessible as we possibly can.

Wherein My Schadenfreude Takes on My Ideological Purity

Despite the title, I should make it clear that I oppose the proposed legislation in Arizona to allow warrant-less searches of  abortion clinics.  The stated justification for the law is to ensure safety and healthy conditions at clinics, but the law is transparently about harassing a particular type of business.

However,  I must admit I get some schadenfreude from this.  Supporters of the bill say that they are only extending the current standards applied to many other businesses, such as restaurants and bars, to abortion clinics.

Regulators from OSHA to the health department have tremendous powers to barge into private businesses and conduct searches without a warrant, whatever the text of the Fourth Amendment might say.  They justify this with licensing regimes that require these businesses to have state licenses, and then require businesses accept these extra-Constitutional searches as a prerequisite for the license.

I have opposed these licensing regimes for years, in part because the consumer protection justification is often a sham -- what they really want is to be able to exercise control of private businesses.  In some cases, these laws are used to protect incumbents.  In some cases (e.g. here) they are used to try to shut down the entire (legal) industry.

Statists on the Left have generally poo-pooed these concerns.  Their typical response is that businesses are just whining, and that only those in violation of the law have something to fear.  Now, they suddenly are recognizing that an unannounced search per se is threatening.

Update:  I find abortion proponents on the Left to be among the worst examples of faux libertarians.  They claim their issue is about choice regarding one's body, but then tend to simultaneously support all kinds of government interventions in personal medical decision-making.  They are all for the sanctity of private property when there is an abortion clinic on the site;  not so much otherwise.

It's Not A Just Revenue Problem in Arizona Parks, It's A Cost Problem

Former Arizona State Parks director Ken Travous takes to the editorial page of our local paper to criticize current park management and the Arizona legislature for not sending enough money to parks"

Things were looking pretty good, and I guess that’s the problem. In some odd kind of way, employing some type of sideways logic, the Legislature deemed that if State Parks is getting along well, it must be out of our control. So, after 15 years of parks acting like a business, the Legislature decided to act like a government and take their money. A little bit here and there in the beginning, to test the public reaction, and then in breathtaking swaths.

Heritage Fund ... gone. Enhancement fund ... swiped. General fund? No way. A $250,000 bequest? Oops, they caught us; better put it back.

State Parks now has a mountainous backlog of maintenance projects all because the Legislature would rather wholly own a failure than share a success. We need to put people in the halls that care about those things that we want our children to enjoy, and a governor who will stand in the breach when the next onslaught appears.

I agree with Travous that our parks could use some more funds.  But what Mr. Travous ignores is that the seeds of this problem were very much sown on his watch.

Travous points out that revenues in the parks expanded to nearly $10 million when he was in charge.  But left unsaid is that at the same time agency expenses on his watch ballooned to a preposterous $33 million a year**.  At every turn, Travous made decisions that increased the agency's costs.  For example, park rangers were all given law enforcement certifications, substantially increasing their pay and putting them all into the much more expensive law enforcement pension fund.  There is little evidence this was necessary -- Arizona parks generally are not hotbeds of crime -- but it did infuriate many customers as some rangers focused more on citation-writing than customer service.  There is a reason McDonald's doesn't write citations in their own parking lot.

What Mr. Travous fails to mention is that the parks were falling apart on his watch - even with these huge budgets - because he tended to spend money on just about anything other than maintaining current infrastructure.  Infrastructure maintenance is not sexy, and sexy projects like the Kartchner Caverns development (it is a gorgeous park) always seem to win out in government budgeting.  You can see why in this editorial -- Kartcher is his legacy, whereas bathroom maintenance is next to invisible.  I know deferred maintenance was accumulating during his tenure because Arizona State Parks itself used to say so.  Way back in 2009 I saw a book Arizona State Parks used with legislators.  It showed pictures of deteriorating parks, with notes that many of these locations had not been properly maintained for a decade.  The current management inherited this problem from previous leaders like Travous, it did not create it.

So where were those huge budgets going, if not to maintenance?  Well, for one, Travous oversaw a crazy expansion of the state parks headquarters staff.    When he left, there were about 150 people (possibly more, it is hard to count) on the parks headquarters staff.  This is almost the same number of full-time employees that were actually in the field maintaining parks.  As a comparison, our company runs public parks and campgrounds very similar to those in Arizona State Parks and we serve about the same number of visitors -- but we have only 1.5 people in headquarters, allowing us to put our resources on the ground in parks serving customers and performing maintenance.  None of the 100+ parks we operate have the same deferred maintenance problems that Arizona State Parks have, despite operating with less than a third of the budget that Travous had in his heyday.

I am not much of a political analyst, but my reading is that the legislature cut park funds because it lost confidence in the ability of Arizona State Parks to manage itself.   Did they really need to cut, say, $250,000 from parks to close a billion dollar budget hole?  Arizona State Parks had its budgets cut because the legislature did not think it was acting fiscally prudent, like cutting off a child's allowance after he has shown bad judgement.

I have met with current Director Bryan Martyn and much of the Arizona State Park staff.  Ken Travous is not telling them anything they do not know.  Of course they would like more funds to fix up their parks.  But they understand that before they can expect any such largess, they need to prove that Arizona State Parks will use its funds in a fiscally sensible manner.  And I get the impression that they are succeeding, that the legislature is gaining confidence in this agency.  The irony is that  Arizona State Parks will be able to grow and get more funds only when it has overcome the problems Travous left for them.

 

 ** Footnote:  Getting an actual budget number for ASP is an arduous task.  I once talked to a very smart local consultant named Grady Gammage who worked with parks and finally despaired of accurately laying out the budget and allocating it to tasks.  What this achieves is that it allows insiders to criticize anyone they want as being "misinformed" because almost any number one picks is wrong.   The $33 million figure comes from outside consulting reports.  The headcount numbers come from numbers the ASP information officer gave me several years ago.  Headcount numbers are different today but the ones above are relevant to the agency as it existed when Travous left.

The Thought Experiment That First Made Me A Climate Skeptic

Please check out my Forbes post today.  Here is how it begins:

Last night, the accumulated years of being called an evil-Koch-funded-anti-science-tobacco-lawyer-Holocaust-Denier finally caught up with me.  I wrote something like 3000 words of indignation about climate alarmists corrupting the very definition of science by declaring their work “settled”, answering difficult scientific questions with the equivalent of voting, and telling everyone the way to be pro-science is to listen to self-designated authorities and shut up.  I looked at the draft this morning and while I agreed with everything written, I decided not to publish a whiny ode of victimization.  There are plenty of those floating around already.

And then, out of the blue, I received an email from a stranger.  Last year I had helped to sponsor a proposal to legalize gay marriage in Arizona.  I was doing some outreach to folks in the libertarian community who had no problem with gay marriage (after all, they are libertarians) but were concerned that marriage licensing should not be a government activity at all and were therefore lukewarm about our proposition.  I suppose I could have called them bigots, or homophobic, or in the pay of Big Hetero — but instead I gathered and presented data on the number of different laws, such as inheritance, where rights and privileges were tied to marriage.  I argued that the government was already deeply involved with marriage, and fairness therefore demanded that more people have access to these rights and privileges.  Just yesterday I had a reader send me an email that said, simply, “you changed my mind on gay marriage.”  It made my day.  If only climate discussion could work this way.

So I decided the right way to drive change in the climate debate is not to rant about it but instead to continue to model what I consider good behavior — fact-based discussion and a recognition that reasonable people can disagree without that disagreement implying one or the other has evil intentions or is mean-spirited.

This analysis was originally published about 8 years ago, and there is no longer an online version.  So for fun, I thought I would reproduce my original thought experiment on climate models that led me to the climate dark side.

I have been flattered over time that folks like Matt Ridley have picked up on bits and pieces of this analysis.  See it all here.

Administrative Bloat

Benjamin Ginsberg is discussing administrative bloat in academia:

Carlson confirms this sad tale by reporting that increases in administrative staffing drove a 28 percent expansion of the higher education work force from 2000 to 2012.  This period, of course, includes several years of severe recession when colleges saw their revenues decline and many found themselves forced to make hard choices about spending.  The character of these choices is evident from the data reported by Carlson.  Colleges reined in spending on instruction and faculty salaries, hired more part-time adjunct faculty and fewer full-time professors and, yet, found the money to employ more and more administrators and staffers.

Administrative bloat is a problem in every organization.  It would be nice to think that organizations can stay right-sized at all times, but the reality is that they bloat in good times, and have to have layoffs to trim the fat in bad times.

The difference between high and low-performing organizations, though, is often where they make their cuts.  It appears from this example that academia is protecting its administration staff at the expense of its front-line value delivery staff (ie the faculty).  This is a hallmark of failing organizations, and we find a lot of this behavior in public agencies.  For example, several years ago when Arizona State Parks had to have  a big layoff, they barely touched their enormous headquarters staff and laid off mostly field customer service and maintenance staff. (At the time, Arizona State Parks and my company, both of whom run public parks, served about the same number of visitors.  ASP had over 100 HQ staff, I had 1.5).

This tendency to protect administrative staff over value-delivery staff is not unique to public institutions - General Motors did the same thing for years in the 70's and 80's.  But it is more prevalent in the public realm because of lack of competition.  In the private world, companies that engage in such behaviors are eventually swept away (except if you are GM and get bailed out at every turn).  Public agencies persist on and on and on and never go away, no matter how much they screw up.  When was the last time you ever heard of even the smallest public agency getting shut down?

I would love to see more on the psychology of this tendency to protect administrative over line staff.   My presumption has always been that 1) those in charge of the layoffs know the administrative staff personally, and so it is harder to lay them off and 2) Administrative staff tend to offload work from the executives, so they have more immediate value to the executives running the layoffs.

Why Peyton Manning is an Icon

I friend sent me a note analyzing data on NFL quarterbacks past and present, and came up with this top five based on a points system that ranked the top 40 all time quarterbacks on a number of dimensions, such that the lowest score is the best:

1. Joe Montana - 54 Points
1. Tom Brady - 54 Points
3. John Elway - 68 Points
4. Terry Bradshaw - 84 Points
5. Peyton Manning - 86 Points
Even without going through the numbers, I can live with this.  The conundrum is that Peyton feels to many, including me, like he may be the greatest of all time, but nearly any numerical or scientific analysis puts him behind other quarterbacks, including Tom Brady.  So why do our hearts tell us something else?  I have two hypotheses:
  1.  He is the most interesting guy in the history of the NFL before the ball is snapped.  This is a criteria I never would have thought even existed 10 years ago.  But Peyton has made watching the team at the line of scrimmage before the play starts totally compelling.  No one in history is even close.   Think of all the great quarterbacks in history -- you think of them throwing, right?  With Montana, for example, I see those slants to Jerry Rice, hitting him in stride.  Now, how do you picture Peyton?  Yelling Omaha at the line of scrimmage.
  2.  He is money in advertisements and live appearances (e.g. Saturnday Night Live).  Have you seen Joe Montana's and Farvre's ads?  Stiff.  How much better would Peyton have been in There's Something About Mary?  Only Bradshaw is close.

Peyton gets dinged for being a poor bad-weather quarterback.  I am not sure if the numbers support this hypothesis, but he would have to go a long way to being worse than Aikman was.  I was in Dallas during their three Aikman-era superbowls (actually I lived in Denver for their 2, and St Louis for theirs, and Arizona for theirs, all of which is payback for growing up an Oiler fan).   Aikman always disappointed in bad weather.  The one year of their four year run in the 90's that they did not go to the Superbowl, they lost to SF in the Conference championships.  That day, the moment I saw it was raining, I knew the Cowboys were doomed.

Surprise: Near Bankrupt City Finds that Throwing Good Money After Bad is Not a Good Investment

I have written here any number of times about the crazy ongoing subsidies by Glendale, Arizona (a 250,000 resident suburb of Phoenix) to an NHL franchise.  The city last year was teetering at the edge of bankruptcy from past hockey subsidies, but decided to double down committing to yet more annual payments to the new ownership of the team.

Surprisingly, throwing more money into an entreprise that has run through tens of millions of taxpayer money without any hint of a turnaround turns out to be a bad investment

Revenue from the Phoenix Coyotes is coming up short for Glendale, which approved a $225 million deal to keep the National Hockey League franchise in 2013.

City leaders expected to see at least $6.8 million in revenue annually from the team to help offset the $15 million the city pays each year for team owners to manage Jobing.com Arena. The revenue comes from ticket surcharges, parking fees and a split of naming rights for the arena.

Halfway through the fiscal year, the city has collected $1.9 million from those sources, and nearly $2.3 million when including sales-tax revenue from the arena.

Even including the rent payments on the publicly-funded stadium, Glendale is still losing money each year on the deal.

The source of the error in forecasting is actually pretty funny.  Glendale assumed that it could charge very high monopoly parking fees for the arena spaces ($10-$30 a game).  In some circumstances, such fees would have stuck.  But in this case, two other entities (a mall and another sports stadium) have adjoining lots, and once parking for hockey was no longer free, these other entities started competing parking operations which held down parking rates and volumes (I always find it hilarious when the government attempts to charge exorbitant monopoly prices and the free market undercuts them).

Had the parking rates stuck at the higher level, one can assume they still would have missed their forecast.  The Coyotes hockey team already has among the worst attendance numbers in the league, and hockey ticket buyers are particularly price sensitive, such that a $20 increase in the cost of attending a game likely would have driven attendance, and thus parking fees and city ticket surcharges and sales taxes, down.  Many private companies who are used to market dynamics still fail to forecast competitive and customer reaction to things like price increases well, and the government never does it well.

Emulating North Korea

I have little tolerance for enforced patriotism of any sort.  In fact, having loyalty oaths and singing songs and genuflecting to flags all seem more consistent with totalitarianism than the values of liberty that patriots are nominally trying to promote.  If I were rotting in a crappy Phoenix jail for being caught with marijuana or busted for driving while Mexican, I would be even less patriotic

Dozens of Arizona inmates will eat nothing but bread and water for at least seven days in the latest punishment by one of America's toughest sheriffs.

Maricopa County Sheriff Joe Arpaio handed down the sentence after inmates defaced American flags hung in each jail cell. He says the men tore the flags, wrote or stepped on them and threw them in the toilet.

The flags are part of a push for patriotism in county jail cells. Arpaio has ordered thatGod Bless America and the national anthem be played daily in every jail facility.

This isn't Arpaio's first controversial move. He made headlines for keeping thousands of inmates outdoors in repurposed military tents in weather that was hotter than 117 degrees. He also made male inmates wear pink underwear.

He banned smoking, coffee and movies in all jails. And he's even put his stamp on mealtime. Inmates are fed only twice a day, and he stopped serving salt and pepper – all to save taxpayers money, he says.

Minimum Wage and Teen Unemployment

The other day, when criticizing an incredibly facile minimum wage analysis in the Arizona Republic, I had meant to observe that since minimum wage jobs are such a tiny (1.5% if include jobs that work for tips) portion of the workforce, one should look at more targeted metrics to assess the effect of minimum wage hikes, such as teen employment.

Kevin Erdmann has such an analysis.  He observes, "Is there any other issue where the data conforms so strongly to basic economic intuition, and yet is widely written off as a coincidence?"

Note that there is still some danger, as I wrote before, in measuring employment effects from the implementation date. Businesses plan ahead an many job losses may be occurring between the announcement and the implementation date.  I know we have made all the job cuts we plan to make in response to California minimum wage increases six months ahead of the actual date the wage takes effect.

Update:  The charts are obviously far from a smoking gun.  That is the nature of economic analysis.  In complex and chaotic multi-multi-variable systems, controlled studies are almost impossible and direct correlations are hard to find, and even when found may be coincidence.  As an employer who hires a lot of summer seasonal employees in parks, I would obviously be a natural employer of teens.  But I no longer do so, and it is important to understand that wages are only a part of the equation.  Another major issue is one of liability.  Increasingly, the legal system makes the employer liable for any action of their employees, no matter how boneheaded or how much the action is against all policy and training.   I have enough trouble with employees that have years of good work history -- I am not really excited about taking a chance on an unproven 17-year-old.

Measure of the Job Market

The other day I sent out an email listing a job opening next summer for camp hosts.  The job was in an out of the way place (in Arizona, north of the Grand Canyon) and had been hard to fill.  I have a list of 22,000 people who have asked to have camping jobs sent to them.

The email batch of 22,000 had a 54% open rate.  That is ridiculously high.

Breaking News: Half The Time It Was Above Average

I guess I should not make too much fun of our local paper, I know it must be hard to fill all those pages every day.  But I have to laugh at the statistical insights our reporters provide:

Arizona will be entering the new year ahead on rainfall for the first time since 2010 as well as above-average temperatures, according to the National Weather Service.

OK, so 2010 and 2013 were above average, and presumably 2011 and 2012 were below average.  Wow.  Half the time above, and half below?  I can certainly see why that deserved a headline.