Public Policy and Governance – Page 251

Guns, Gays and Greenhouse Gases…Welcome to Indiana’s Legislature

I don’t know about the rest of you, but when Indiana’s (mercifully part-time) legislature is in session, I tend to break out in hives. Thanks to our massively gerrymandered election map, a number of people who get elected to that august body tend to advocate measures that don’t reflect the opinions of most Hoosiers.

It’s hard to escape the conclusion that, in many cases, Indiana’s lawmakers’ actual constituencies are the special interests–the NRA and gun manufacturers, the Christian Right, Big Agriculture….

A quick look at some of the bills being considered this year may illustrate the point:

Let’s start with guns. Every year, guns kill some 33,000 Americans. The Indiana General Assembly isn’t deterred by that number, or by repeated massacres of children and innocents. No siree. This year, bills have been introduced 1) to get rid of Indiana’s requirement of a license to carry a handgun, 2) to allow guns at public universities and state office buildings, and 3) to make it easier for repeat alcohol offenders to get a handgun license.

What could possibly go wrong?

I’ve posted previously about the reluctance of our lawmakers to just bite the bullet and admit that LGBT folks are citizens and taxpayers entitled to the same civil rights protections that apply to women, racial minorities and religious folks. (Although it has been sort of enjoyable to watch the discomfort of legislators who are used to doing the bidding of both the Religious Right and business interests—constituencies that are on opposite sides of this issue.)

Survey research has uniformly found a solid majority of Hoosiers favor adding “four words and a comma” to the state civil rights statute. Employers large and small are lobbying for that approach, and significant numbers of clergy and other representatives of faith communities have come out to support it–but our lawmakers have thus far been reluctant to incur the wrath of the small (but shrill and intensely homophobic) Christian Right.

Then there’s HB 1082, authored by Representative David Wolkins. Dubbed the “no more stringent than” bill, it would forbid Indiana agencies from making or enforcing any environmental rule that is more stringent than those established by the federal government. As the Palladium-Item noted

Indiana consistently ranks near the bottom of the states regarding environmental quality. If State Rep. David Wolkins, R-Winona Lake, has his way, Indiana will stay there.

As the Hoosier Environmental Council points out, the situation in Flint illustrates precisely those gaps in federal regulation that Indiana would be prevented from addressing under HB 1082: For example, under federal regulations, drinking water systems can continue to deliver lead-tainted water to households and businesses for up to 24 months while a variety of fixes are attempted. In 24 months, children’s health and cognitive abilities can be permanently damaged.

In fact, there are a number of areas where EPA regulations are considered weak, among them pollution from fracking, factory farm manure pits, and outdoor wood boilers. There are probably others.

Why would we want to prevent Indiana from addressing areas where federal regulations may prove to be inadequate for our needs? It isn’t as if the absence of a “no more stringent” bill would require the state to act. Why tie the hands of those charged with citizens’ public health and safety?

I’m sure a closer examination of the bills that have been introduced would uncover still others belonging to the category that I call “good god, what were they thinking?”

Maybe I should just drink until they go home….

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Will We Learn the Right Lessons from Flint?

Inquiries triggered by the Flint, Michigan water crisis have turned up several unpleasant reminders that ideology is no substitute for managerial competence or public ethics.

The most offensive recent discovery was evidence that—at the same time state officials were assuring Flint residents that their water was safe—they were providing clean water to state workers. As the Detroit Free Press reports,

In January of 2015, when state officials were telling worried Flint residents their water was safe to drink, they also were arranging for coolers of purified water in Flint’s State Office Building so employees wouldn’t have to drink from the taps, according to state government e-mails released Thursday by the liberal group Progress Michigan.

A Jan. 7, 2015, notice from the state Department of Technology, Management and Budget, which oversees state office buildings, references a notice about a violation of drinking water standards that had recently been sent out by the City of Flint.

“While the City of Flint states that corrective actions are not necessary, DTMB is in the process of providing a water cooler on each occupied floor, positioned near the water fountain, so you can choose which water to drink,” said the notice.

Needless to say, residents of Flint did not get a similar choice.

Then there’s this…

In The Public Interest is a think-tank monitoring privatization in the U.S. The organization warns the public when poorly-conceived public-private “partnerships” threaten to enrich private contractors without serving the public interest, or when such arrangements lack sufficient oversight or accountability. According to its recent newsletter,

In February 2015, almost a full year before the news of widespread lead poisoning gained headlines, the world’s largest private water corporation, Veolia, deemed Flint’s water safe. They were hired by the city to assess water that many residents had been complaining about—a General Motors plant had even stopped using Flint’s water because it was rusting car parts.

Veolia, a French transnational corporation, deemed Flint’s water to be “in compliance with State and Federal regulations.” While they recommended small changes to improve water color and quality, their report didn’t mention lead.

The city paid Veola 40,000 for that advice. Apparently, state government lacked the expertise to assess either the water quality or Veola’s competence to test it.

Whether the Governor and/or his aides were criminally negligent is a determination for the courts. That they are responsible for incalculable damage is inarguable.

Let me be clear: I have a bias here. I teach in a school of public affairs, a school that operates on the belief that competent public management requires knowledge of public finance, an understanding of the policy process, and respect for democratic institutions, public law and public ethics. We offer rigorous courses in those and related subjects.

Contrary to what appears to be popular opinion, the average businessman or CEO cannot just waltz into a government office and do a credible job; very different constraints—both managerial and ethical— apply to public service. You cannot do what Governor Snyder did, and simply abort the democratic process, install your preferred puppet to manage political subdivisions in accordance with your preferred ideology, and “hire out” essential responsibilities.

When we elect people who don’t understand the difference between the public and private sectors, and don’t care to learn, we get Flint.

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You Really Can’t Make This Shit Up….

Media coverage of the Flint water crisis continues to accelerate, as the release of additional information suggests that the Governor and his office actively discouraged testing that would have confirmed residents’ fears.

The situation has sparked national outrage. (One of the more…interesting…responses has come from a Michigan militia group that has threatened to “take up arms” to protect Flint’s citizens against poisoned water. I’m not sure who they plan to shoot, or how “arms” would help, but their righteous anger is duly noted…)

What is truly incomprehensible is the continued assault on environmental safety, even in the face of this horrific example of what can happen when those safeguards are ignored–or worse, eviscerated—and even in the midst of the media’s continued focus on the issue.

Yesterday, not long after I posted about Congressional Republicans’ effort to gut the Clean Water Act, I received the following advisory from the Hoosier Environmental Council:

“This morning, SB 366 passed out of the Senate Environmental Affairs Committee on a vote of 6-3. This bill would enable — by a simple vote of two county commissioners — a community to eliminate its Solid Waste Management District (SWMD); that elimination could happen anytime after June 30, 2017.

“SWMDs have been on the frontlines of protecting our drinking water sources. By working successfully to substantially increase collection of household hazardous waste as well as construction & demolition waste, SWMDs prevent serious contamination of our waters from improper disposal of such waste.” said Jesse Kharbanda, Executive Director of the Hoosier Environmental Council. health of a community, would be adequately replaced by other programs in the community….

Communities need strong, stable, and effective SWMDs to continue making environmental improvements; such improvements are so clearly tied to the state’s overarching goal of improving quality of life — for the sake of people’s lives and our economic competitiveness.”

Reasonable people can differ about the propriety of many government activities, but—as the reaction to Flint demonstrates— very few citizens consider protection of our air and water frivolous or unnecessary. Individuals cannot insure the purity of their own drinking water; the private sector cannot sell us clean air. We depend upon government agencies to monitor and protect these essential resources.

A commenter on yesterday’s post suggested that the real beneficiaries of weakened oversight are the large corporate farming operations that generate much of the solid waste pollution that contaminates waterways. Proper disposal of solid waste is more expensive than discharging it into a nearby stream.

If SWMDs are not operating properly, we should fix them. Allowing local county commissioners to eliminate them is both an invitation to corruption and a threat to public health.

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I Can’t Wrap My Head Around This….

As if the ongoing disaster that is the Republican presidential clown car wasn’t doing enough damage to the image and prospects of the once-Grand Old Party (not to mention the country), I recently came across two articles about the party’s lawmakers that made me ask not “what were they thinking?” but “was anyone thinking?”

Last week, Congressional Republicans passed a measure that would have blocked EPA enforcement of the Clean Water Act. The President vetoed it, but I remain absolutely stunned that—in the midst of the disaster in Flint, Michigan, and the national outcry over that massive failure of government oversight—such a bill would even be introduced, let alone passed.

Unsurprisingly, the effort unleashed headlines like “As Flint, Michigan Suffers from Contaminated Water, Republicans Attack Clean Water Act.”

Thanks to an ill-conceived effort to save an estimated $100 per day (followed by 18 months during which the Governor’s office responded to complaints from citizens by telling them the water was just fine although they knew it wasn’t), Flint’s children now face impaired cognitive development, behavioral problems, and nervous system damage. Meanwhile, estimates of the costs to correct the entirely man-made problem run into the billions.

And yet.

In the midst of this crisis, and just days before the state of emergency was declared, Republican House Speaker Paul Ryan wrote an op-ed attacking the EPA’s Clean Water Rule. In the op-ed, Ryan declares that the stricter rules (finalized by the EPA this past summer which gives the agency authority to regulate smaller bodies of water to limit pollution) are a prime example of government overreach and that the only goal of the agency is to micromanage how citizens use water.

There is a yiddish word for this behavior: chutzpah. (Look it up.)

You might think that nothing could top this particular display of tone-deaf arrogance, but you’d be wrong.

Whenever another mass shooting brings calls for better background checks or other modest gun-safety measures, the NRA and its enablers always respond by insisting that the problem is a lack of mental health screening and treatment. So Senator Al Franken has sponsored a bill to improve those services.

The Franken Bill would provide much needed mental health services and tools for police and the courts to address deficiencies in the nation’s mental health system. The legislation should be uncontroversial, but Mike Lee and Tom Coburn adhere dogmatically to an anti-government ideology that would even deny combat veterans and others suffering from mental illness, access to critical services.

So Coburn and Lee have blocked the bill.

Franken’s bill does have support from several less-crazy Republicans, but increasingly, GOP policy is in thrall to people like Lee, Coburn and the Governor of Texas, who recently vetoed a mental health bill in that state because—wait for it—he doesn’t believe mental illness is real. (Can I offer you a mirror, Governor?)

Speaking of cognitive impairment…Just how many Americans have been drinking Flint’s water, and for how long?

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The Tragedy—and Promise—of the Commons

The “tragedy of the commons” is a term often used by economists and ecologists; it’s shorthand for situations where individuals who are acting independently and rationally in their own self-interest undermine the common good.

Indiana Law professor and activist Fran Quigley thinks the tragedy of the commons explains a lot about the state of American health care. As he explains in an intriguing new article he shared with me (not in print yet, so no link available)

Between the 15th to 19th centuries, the rich and the powerful fenced off commonly-held land and transformed it into private property. Land switched from a source of subsistence to a source of profit, and small farmers were relegated to wage laborers….

More recently, a similar enclosure movement has taken place. This time, the fenced-off commodity is life-saving medicines. Playing the role of modern-day lords of the manor are pharmaceutical corporations, which have taken a good that was once considered off-limits for private profiteering and turned it into an expensive commodity. Instead of displacing small landholders, this enclosure movement causes suffering and death: billions of people across the globe go without essential medicines and 10 million die each year as a result.

Quigley points out that producing medicine for profit is a relatively modern phenomenon–and says it is time to reclaim this commons, and he spends several pages showing how medicines fit the definition of a public good.

The public health implications of access to medicines generate another core quality of public goods: positive externalities. One person’s consumption of an essential medicine provides clear benefits beyond the direct consumer. Vaccines, for example, prevent both the recipient from getting ill and also from spreading the disease to others. If a society vaccinates widely enough, the chain of disease transmission is broken, leading to the quintessential public good of herd immunity. Global distribution of the smallpox vaccine has led to the eradication of a disease that once infected 50 million people a year.

I hadn’t known that “Until well past the middle of the 20th century, few countries allowed individuals or companies to hold exclusive rights to produce medicines.” ( I was aware that pharmaceuticals are and always have been, as Quigley points out “the very opposite of a laissez faire market.”) And I did know that the U.S. government is a major funder of medicine research.

Quigley is particularly critical of the notion that drugs can be patented, and points out that many countries limit the duration or scope of such patents:

Among governments and the public alike, medicines continue to be treated as a good quite distinct from consumer items like cell phones or flat-screen TV’s….Jonas Salk declined to pursue a patent for the polio vaccine, saying the patent belonged to the people. The creator of the first synthetic malaria vaccine donated the patent to the World Health Organization. As Salk said in 1952, “Would you patent the sun?”

Today, of course, major drug companies depend upon those patents for their profitability.

Economists call this process the transformation of a public good into a “club good,” like taking a public park and turning it into a gated dues-required golf course.

Quigley’s article is a fascinating history of how intellectual property protection overcame the previous widespread belief that medicines should be considered public goods, not consumer products. And he argues that

The history of pharmaceutical innovations, especially vaccine developments and life-saving treatments for infectious and chronic diseases, shows that the critical research behind these developments was created outside the patent system…The U.S. National Institutes of Health alone provides $30 billion annually for medical research, governments provide tax credits to support corporate research, and government health programs are bulk purchasers of patented medicines priced far above the costs of production. When it comes to medicines, taxpayers of the U.S. and other research-supporting countries are the very opposite of free-riders: they pay to build the bus, fill it with fuel, and hire the driver, but still are asked to pay a prohibitive fare if they wish to take a seat.

In fact, a decade ago, U.S. economist Dean Baker crunched the numbers and estimated the savings to the U.S. government if its health systems could provide medicines without the artificial mark-up imposed by monopoly patents. The resulting savings could fund the replacement of all private industry research and development several times over, while still leaving billions of dollars in remaining public benefit. A significant source of those savings derives from eliminating the for-profit pharmaceutical companies’ expenses on marketing, a cost that exceeds their investment in research and development. As it happens, there are more efficient use of resources than funding television ads for erectile dysfunction drugs.

When the article is in print, I will share a link, because this abbreviated review doesn’t do it justice. But the question is, given the extent to which current practices are embedded in our economic system, can it be changed? Quigley admits the magnitude of the barriers, but he provides a surprisingly long list of reform efforts currently underway.

What struck me most while reading the article was how easy it is to assume that “the way things are” is the way they’ve always been, and the only way they can be—and how difficult it is to identify and protect a steadily shrinking commons in an America that has lost sight of citizens’ essential interdependence.

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