August 2, 2011
Rhode Island Doesn't Need More Bureaucratic Garbage
I'm happy to see that this legislation (H5888)didn't make it to the governor's desk:
As part of a broader plan to shift some of the burden of waste disposal onto private companies and away from state and local government, Governor Chafee's administration has introduced legislation that would require national and local manufacturers to pay for the collection and disposal of mattresses, paints and medical needles and syringes.
Even if such legislation wouldn't make Rhode Island (already among the most business-unfriendly states) only the second in the nation to adopt such legislation, even if it wouldn't give retailers at across our border yet another price advantage, this insidious provision would still be cause for concern:
[Dept. of Environmental Management staffer Elizabeth] Stone said the proposal builds on existing state laws regulating the disposal of automobile mercury switches, mercury thermostats, and electronics such as computers and televisions. A 2010 law, for example, requires that manufacturers of mercury-added thermostats submit plans to the state for collecting old thermostats containing mercury and requires that the devices to be recycled at the expense of the manufacturers."The thought was, instead of going back to General Assembly each year on a new product, let's pass one particular law that gives the Department of Environmental Management the authority, by regulation, to put product stewardship programs in place," she said. "In essence, it removes the product-by-product dialogue that the General Assembly has been wading through every year and gives us regulatory authority to move on certain products."
"Certain products"? Anyone who reads far enough into the legislation will discover that DEM would have the authority to add products to its list without returning to a single elected official for final approval. Add this power grab to the list of legislative items that is sure to rise again like an undead bureaucrat.
As we enter election season, residents should seek candidates who will pull the state in the opposite direction with respect to regulating business and handing the legislative function over to unelected members of the ruling class.
DEM would have the authority to add products to its list without returning to a single elected official for final approval.
This. A bunch of unaccountable bureaucrats can do as they please. The only thing worse would be if our solon/retards were actively involved.
Posted by: chuckR at August 2, 2011 4:14 PMWhat is being described is what is already done. How much control do elected officials exercise over the IRS, EPA, OSHA, FAA, FDA, etc?
This gives politicians "plausible deniability". We have all heard it "Those agencies have gotten so big they have a mind of their own, we can't control them".
Some time ago, Gingrich offered a proposal which might have been a partial solution. He wan't to reauire the Congress to spend one, or two, days per month listening to objections to such rule making, he wanted to call these "corrections days".
Until you have dealt with 4-5 of these agencies, you don't know how bad it can be. Your only "practical" solution is a federal lawsuit or aid from a politican. All the agencies have appeal processes, but who's kidding who?
Since oversight is minimal,it goes to the lowest levels. Because water is a "common expense" in most condo complexes, and many of those are failing, water bills are going unpaid. A local building inspector wants to make it a "rule" that all condo units have individual water meters. The bill would then be the unit owners. Practical, perhaps. But I have no idea where he gets the authority for such a thing. And, I don't know who's watching him. Better times would solve the problem, but the "rule" wouldn't go away. Condos would forever be more expensive because of the additional metering arrangements.
Posted by: Warrington Faust at August 2, 2011 6:08 PM"When do I get to have a trial?"
"You don't get one."
"So when can I present evidence?"
"Remember that meeting at the Agency? With people from the Agency presiding? That was your hearing."
"But I just went in to reason with them. Then I got this rejection letter in the mail. I have documents that can prove my case."
"Sorry, the record is closed. You can't introduce it."
"Can I appeal?"
"Yes, but it will cost thousands of dollars and take years. And then the judge is required by law to defer to the judgement of the Agency."
Ah, the unelected, unaccountable Administrative State - it's just so deliciously *evil* that it makes any Progressive squirm with glee.
THE COLLECTIVE HAS RULED AGAINST YOU. YOU WILL LAY DOWN YOUR WEAPONS. RESISTANCE IS FUTILE.
Don't want to sleep tonight? Google "Administrative Convenience".
Posted by: Warrington Faust at August 2, 2011 9:08 PM