My father always says, “It’s not a bargain if you can’t afford it.” I believe that is the advice he might pass along to MARTA supporters.

MARTA has long desired more flexibility in its ability to determine how it will spend its funds. Currently, 50% of MARTA funds must be spent on capital improvements and 50% on operations. This is a fairly tight financial straitjacket, though it is a way to prevent subsidization of riders at the expense of abandoning necessary upkeep of the system.

There is a possibility that the ties on spending might be loosened in the draft legislation suggested by the Transit Governance Task Force. There are; however, strings as Maria Saporta writes in The Saporta Report:

To free MARTA from the state-imposed restriction that 50 percent of its revenues be spent on capital and 50 percent be spent on operations, MARTA basically would have to turn over most of its authorities to the newly-created Transit Governance Council. For the record, no other transit agency in the nation is saddled with such an unworkable rule.
MARTA represents a $6 billion investment in our region. Why should MARTA turn over its Constitutional powers to a state-controlled entity and give up its designation as the transit authority that can receive federal funding in the region.
According to folks close to MARTA, relaxing the 50/50 rule would give MARTA flexibility over how it spends its sales tax revenue (and it is expected that currently would be worth about $20 million a year for the transit agency.
It is inconceivable that MARTA could or should give up most of its powers and its $6 billion investment in return for getting flexibility in how it can spend the MARTA sales tax collected in the City of Atlanta, and Fulton and DeKalb counties.

And then there is the issue of the make-up of the Georgia Regional Transportation Authority (GRTA) which would be the body with the ultimate control of MARTA. The 15 members would all be appointed: 9 by the governor, 3 by the lieutenant governor and 3 by the state house speaker. It’s not as though petty, personal politics ever happens in Georgia, so what could possibly go wrong?

From the state’s perspective, things are different. One of the complaints about the state is that it has not contributed as much money to MARTA as is needed. It is a fact that state governments are reluctant to give up control of funds, but let’s take this a step farther.

If the state increases its control of the funds, then it has greatly increased its responsibility for MARTA. It can no longer stand at a distance and point fingers. It will be forced to have a hands-on, problem-solving approach and let’s face it, the state has many more resources at its disposal that it could employ to improve MARTA – if the price is right.

In this case, the price for the state of Georgia taking so much control of MARTA is inescapable political responsibility.

If one wants the state to “man up” and do the right thing by MARTA, then allowing the state to be responsible might be the right way to go. The next logical step would be for the state to increase its funding of MARTA to acceptable levels for a state that still lays claim to the title Empire State of the South.

Is this a bargain that MARTA can’t afford? Perhaps, after all, it is not. My father, actually a man of few words, might offer another bit of sage advice to MARTA supporters, “If you want a man’s help, then make your interests his interests.” Yeah, that bit of wisdom would certainly fit.

There is much more at The Saporta Report, so check it out to get additional information. This is not the only issue with the draft legislation that is discussed. You’re big boys and girls so you can wander over there and find your way back again. For the weary, here’s the link.

The Associated Press reports that a power plant in Georgia emits more greenhouse gases than any other source in the United States. From the WMAZ-TV website:

The most detailed data yet on emissions of heat-trapping gases show that U.S. power plants are responsible for the bulk of

Aerial view of Plant Scherer - Image via Wikipedia

the emissions blamed for global warming.

And the power plant that emits the most greenhouse gases in the U.S. is Plant Scherer in Juliette. The plant is operated by Southern Company .

The coal-fired plant reported releasing nearly 23 million metric tons of carbon dioxide, the chief greenhouse gas, in 2010.

This should not be a surprise. Plant Scherer is the largest coal-fired power plant in the Western Hemisphere, the fifth largest power plant in the US of all types, and produces 3,500 megawatts of power. It takes three train-loads of coal per day to fuel the the coal-fired power plant which has a turbine room approximately a mile long.

Southern Company operates the plant through its subsidiary Georgia Power. Georgia Power employess about 9,000 people throughout Georgia, servicing 2.25 million customers with electricity.

Almost exactly two-thirds of Georgia’s electricity is generated by coal-fired power plants and the attention brought to Plant Scherer cannot be considered good for the state. The reconstituted idiocy of carbon tax credits may yet raise its insider-enriching head again. If so, Georgia is in deep trouble. Removing the energy tax from manufacturing is great, but it’s a drop in the bucket compared to the state’s potential damages if carbon-tax credits, by any name, become federal law.

Remember that Georgia sued the Environmental Protection Agency (EPA) back in October over the Cross-State Air Pollution Rule which is the Return of the Son of Carbon Tax Credits done on a state scale. Under the EPA plan, Georgia would be forced to buy “emission allowances” from other states.

It’s past time for some additional nuclear-powered energy plants, don’t you think?

First let me say that I encourage my friends on the left and middle, as well as fellow conservatives to critique this list – and hopefully add to it. The state legislature will convene in a few days, and I’m sure they are all waiting breathlessly to know what we citizens want. What do you really want? Please share your ideas.

Dear Georgia Legislature, The citizens of the state, with a few exceptions. have been good this year and so they deserve some consideration. Here is my Christmas wish list for the state of Georgia. I hope you’ll look at it carefully.

Georgia Capitol Building - Image via Wikipedia

1. The state needs to give individual counties the flexibility to increase the limit on local option sales taxes subject to the same current restrictions (other than the overall cap) but limit that authority to the next five years with tax receipts to go into the local government’s general fund. Some poor, rural counties may need this to remain financially viable in this economy. I don’t like increasing taxes, so if there is a better way, I’ll certainly accept it.

2 – EVERY department at the state level needs to implement zero-based budgeting.

3 – Stop thinking about education in its present form. Look for alternatives that work whether they are within the current framework or not. Look at eliminating grade-levels so that students can work at different levels within each subject matter without regard to age. Grade levels stifle students in their best subjects and bewilder them in the areas in which they struggle. Could you please pass legislation making it possible to fix this?

4 – The most independent, politically neutral ethics commission possible should be established. There is a great motivation for this: The majority today may not be the majority tomorrow and this commission must be established in a way that no one can manipulate it for political gain and so that it is effective, consistent and renders the closest thing to justice available in this world.

5 – Commission a committee to study the state government, focusing on duplication of services and resources and make recommendations on reducing the cost of state government. Think of it as Georgia’s Grace Commission.

a – Put people on the committee from varied industries and backgrounds such as financial, manufacturing, agricultural, academic, logistics, health, medical, legal and all levels of government. Put the best and brightest forward, not necessarily the most politically connected. Set up a liaison with the Georgia Congressional delegation to obtain any necessary federal information.

b – Give that committee the keys to get any and all information from any state official and agency that can be legally obtained.

c – Make public all recommendations without interference from any elected officials. Establish a website to receive suggestions from citizens. Divert any suggestions for local and county governments to another website and make them available to the public, as well.

6 – Increase the penalties for the commission of voter fraud in state and local elections.

7 – Hey state senators and Lt Governor Cagle! Pay attention. The country is in a financial mess and state unemployment is at an unacceptable level, meanwhile you’re in a contest to see who’s the most juvenile. This is unacceptable. I have my own beliefs on who is mostly responsible for this, but it no longer matters. Fix it or it’s going to get really ugly and you may not get your fondest wishes in the coming years.

8 – Is there an organization that seeks out “best practices” from other state governments and reviews those practices to see if they will help Georgia? If not, isn’t it time to do so?

9 – I remember hearing you were going to review and improve the state tax structure. How about it?

10 – When Austin Scott was campaigning for governor, he suggested a state-wide grand jury to handle some matters that seem to fall in the cracks. It’s still a good idea, so how about looking into that?

Merry Christmas!

Any other wishes?

There’s a rule of thumb that says if there is no organized opposition to a local tax or project then it will pass. If there is any organized opposition to Georgia’s one percent regional transportation sales tax, then I’m unaware of it and so are those polled.

While not a surprise that a majority approve, the margin was impressive.

Image via Wikipedia

The poll of 1176 registered Georgia voters was an 11Alive News Survey that showed approval across the state with the exception of the area defined as North / West Georgia, where the survey shows a 47/47 tie with six percent undecided.

This region may have been influenced by the self-identified party breakdown among voters. While Democrats favored the poll by a wide margin 70/24 with six percent undecided, Republicans opposed it 41/53 with, again, six percent undecided.

I do not have the tabs on the poll or the margin of error, but it appears to me that this is a significant margin. Overall, those polled favored passage of the tax by a 55/38 margin with seven percent undecided.

Somewhat surprisingly to me was that the highest level of approval was for the region listed as South / East Georgia where the margin was 60/35 with (you guessed it) six percent undecided. Who are these six percent anyway? This was slightly higher than the Metro region though the margin was one percent less.

So, will the transportation tax pass? Do Georgia voters understand what they will and will not get from passage or do they see it as a panacea for all that ails Georgia’s transportation ills. If so, will there be a backlash when they learn that there is a projects list already in existence? Discuss among yourselves and try to make it interesting, the legislature might be reading.

More details of the survey results on the 11Alive site.

The South Carolina Department of Health and Environmental Control reversed a September denial by its staff of a Corps of Engineers proposal to dredge the Savannah River and deepen the river channel to the Port of Savannah.

[The compromise] includes Georgia’s promise to pay for upkeep on devices the Corps will install to inject oxygen into the river, and agreeing to preserve an additional 1,500 acres of marsh.

The board rejected the Southern Environmental Law Center’s request that three environmental groups be allowed to intervene.

All is not peachy, however, between the two states:

S.C. State Sen. Larry Grooms said he’ll push the quasi-governmental Savannah River Maritime Commission, which represents South Carolina’s interests on the river, to challenge the permit at the group’s December meeting. Grooms will also request that the S.C. Department of Natural Resources challenge DHEC’s decision.

Grooms said a proposed port at Jasper, S.C. — not due on line for at least two decades — would be jeopardized by the deepening, even though Jasper lies between Savannah and the ocean. Environmentalists fear any dredging would irreparably harm the river and its ecosystem. The Southern Environmental Law Center and other environmental groups will likely appeal Thursday’s ruling to an S.C. administrative law judge.

Additionally, “[t]he Coastal Conservation League… plans to appeal the agreement to the S.C. Administrative Law Court, arguing in part that the the proposed oxygenation system has not been proved to be effective.”

I enjoy talking politics with members of our district GOP. I was on the phone with one of the executive committee members this weekend to discuss the transition and organization of district committees. We ended up on the topic of federal funding of state activities. He eventually said “I wish the state legislators would lay out an 8-10 year plan to ween us off of federal funding of highway projects.”  We also agreed on extending that plan to education as well.

From what I understand, there are many requirements/regulations/laws that are obeyed just to get full federal funding. A governor, state executive, or legislator wouldn’t be arrested…just wouldn’t get funding. Wait a minute…the state can’t make a decision to do something contrary to the federal government (and say that the law requires) because we won’t get money? Sounds like about 50 donkeys are being lead around with one big green money carrot tied to a stick by Uncle Sam.

It would be interesting to see how much (percentage-wise) that the federal government sends highway dollars to Georgia. Then, it would be interesting to see a few rising conservative stars in the state House and Senate that would lay out a plan to make Georgia more self-reliant starting with federal highway and education funding. It would be hard. We’ve been getting federal funds for years, so it would take many years to get ourselves off of it.

It might be a worthy experiment though.

Georgia might start feeling the electricity from the buzz around electric cars here soon.  Public Service Commish Chuck Eaton penned an op-ed in the Savannah Morning News about electric cars and how the PSC is working with Georgia Power on special rates for electric car owners to charge their vehicles during off-peak hours:

Electric transportation is not for everyone, but it can meet the transportation needs of many Georgians while giving them an opportunity to save money on gas and contribute to our nation’s energy independence.

More importantly, money spent on electric cars domestically means less of our money will end up overseas in the hands of potential enemies.

We also recognize that unless we help consumers make the transition from gasoline-powered vehicles to electric vehicles cost-effective, many will not take that first step.

That’s why last year the Georgia Public Service Commission approved a special time-of-use rate for Georgia Power’s residential customers who own plug-in electric vehicles.

Customers who sign up for this rate and charge their vehicles between 11 p.m. and 7 a.m. can save approximately 13 percent annually on their residential electric bill compared to the company’s standard residential rate.

Commissioner Eaton goes further to say that no taxpayer dollars are being used to promote this program.  A program that promotes alternative forms of energy for vehicles with no government spending?  That’s something I can support.

According to the AJC, the I-85 toll lanes are the beginning of an extensive network that could extend more than 150 miles over the next three decades. After that, if the current model proves successful, it would be expanded again.

In the meantime, no one is certain how well it will all work. Replaced will be the old HOV lanes, but without adding additional lanes, will it actually make traffic better?

The emphasis seems to be on creating HOT lanes that will provide a reliable flow of traffic for those who are willing to pay between ten and 90 cents per mile, depending on traffic congestion, and those who fit the profile that allows for free access to the HOT lanes.

Car poolers with three or more occupants, motorcycles, transit vehicles, mass transit and cars with alternative fuel license plates all travel for free in the HOT lanes. One must; however, have a Peach Pass to do so. I would suggest reading this piece, also from the AJC, that gives the straight skinny on what one needs to know. If you screw up, there is a $25 fine from the SRTA – to go along with the possible $150 ticket from law enforcement.

In the meantime, if you simply want to drive fast on an interstate and have, as Chuck Berry says, “no particular place to go,” I suggest you just come on down and drive up and down I-16 to your heart’s content. It’s cheaper, you may not see another car for miles, and neither a Peach Pass nor a road manual is required.

Among Atlantans the big discussion seems to be, “Is it fair?” more than will it work. So is this just another way to cater to “the man” or is it a reasonable attempt to improve traffic congestion?

Over at his AJC blog, Jim Wooten expresses some issues with the Republican-led push for the transportation sales tax hike. Among his “nits” are:

● Republicans are getting an unfair reputation as opponents to tax increases. Not so. Many, maybe most, are just opposed to leaving their fingerprints at the scene of the crime.

● Republicans under the Gold Dome are blowing one of the great political opportunities of my lifetime — the opportunity to create a culture that is open, straight with the voters and honestly committed to the principles that conservatives espouse. Transportation policy is an example. Rather than a straight-forward 1 percent sales tax to finance projects that survive scrutiny on an honest cost-benefit basis, Republicans have come up with a system that continues the age-old practice of parceling out goodies to the interest groups that pack the hearings and work the bureaucracies. It is absurd to allow motorists to sit in gridlock while locking in subsidy-guzzling alternatives that carry a few people from Point A to Point B, but only when government decides to move them.

● About 55 percent of the proceeds of a 1-cent regional sales tax would go to transit, which requires ongoing subsidies from taxpayers and is an option in about 3 percent to 5 percent of trips. About 45 percent will go to road improvements, though a fraction of that is road-widening, which will add carrying capacity.

Maria Saporta writes about how next year’s vote on a 1% transportation tax is getting bogged down in the weeds of the project list. Saporta quotes Christopher Leinberger of the Brookings Institute:

“you do not build transportation systems to move people; you build transportation systems to create economic development — the means is by moving people.”

Leinberger is half right. In my mind, for the transportation tax to pass next year people need to be convinced of two things: 1) this tax will improve Georgia’s transportation infrastructure which in turn will help attract jobs and 2) the tax will fund projects that will help me get to and from my job faster and easier.

The balance of Saporta’s article deals with rapid transit projects and the desire of many in metro Atlanta to see the TSPLOST fund those projects. Our friend SpaceyG has been pushing a Twitter tag to let it be known she will vote no unless rapid transit is a major component of the project list. Indeed Saporta has another article claiming a majority of Atlantans want rapid transit.

My opinion is that the in order to convince people of the two things I think are key to passage, the project list should focus on projects that can be done quickly and that will have an immediate impact on people’s commutes. I’m nor sure rapid transit projects meet that criteria. A quick scan of the current unconstrained project list seems to have a lot of the kind of projects I’m talking about.

What are your thoughts?

Most people take their internet connection for granted as just another magical invention of the modern age.

But those working in IT knew that some day the pool of IP addresses would run dry. The pool was designed to last a very long time, but is now almost empty thanks to the rapid expansion of computing and the proliferation of smart phones, tablets and numerous other gadgets and gizmos. Officially, that day was February 2, 2011, when the last blocks of addresses were assigned to regional provider registries. Each block contains 16.8 million addresses, about the number Verizon can blow through in a single weekend.

Never fear, IPv6 to the rescue! IPv6 is the new protocol using more numbers and characters, expanding the available IP addresses to infinity and beyond. In reality, the number of addresses amount to 340 trillion trillion trillion. Take that, oppressive mobile providers!

Today is the official “test day” for IPv6, where large consumers (i.e Google, Yahoo, Facebook, etc.) will be testing the new protocol. Join in the fun here.

As for the Georgia connection, well, practically everyone in the state uses this technology in some way or other, except for maybe my parents. Shoot, even South Georgia tractors have more connectivity than they do.

So while you are merrily texting/surfing/iPadding away today, thank an IT professional. Most of their work is done behind the scenes. If they hadn’t been on the ball years ago, anticipating this internet event, some poor programmer would be handed a spec today, along with the comment, “Yeah, I know it’s big, but can you have it ready by next Friday?”

For Sandy Springs, those things mean money in the bank.

Of course, most Atlantans know they started with a better than average tax base. But since incorporating in 2005, the city has paved roads, opened parks, provided services at much lower costs, and improved their citizen’s daily life by focusing on them. All things Fulton County fell short of while, of course, taking their tax dollars and spending them elsewhere.

(h/t HotAir)

Jamie Dupree of WSB’s Washington Bureau is reporting that Graham has threatened to block all nominations before the Senate unless Charleton South Carolina’s port is given expansion funds.  Charleston’s port expansion was not funded in the current budget proposal for FY12. 

Georgia is years ahead of Charleston planning to expand the Port Of Savannah, with permitting almost complete, and Charleston just beginning the process.  On the east coast, only Norfolk Virginia can currently support “SuperMax” ships that will be able to cross through the Panama Canal when its expansion opens about 2014.

Through extensive lobbying of the Obama administration, a united front of Georgia officials which included Atlanta Mayor Kasim Reed as a friendly face to a Democratic President for a mostly Republican state, Georgia managed to secure $600,000 in federal funding in the President’s budget proposal to finish permitting.  Most importantly, it established a line item in the Army Corps of Engineers budget to recognize the project for future federal dollars.  Charleston, asleep at the switch, received no such recognition.

Now, Graham is doing what Senators sometimes do.  He’s threatening to shut the Senate down because Georgia was on its game, and South Carolina wasn’t.  Sad.

With all the goings on of crossover day, just getting around to posting today’s Courier Herald Column.  Now, on to writing tomorrow’s…

There were two special elections in major Atlanta suburbs yesterday that have the ability to have great impact on the infrastructure of the region, and thus on the economy of the State, based on how they will effect a special election next Summer.

During next July’s primaries, there will be a regional transportation Special Purpose Local Option Sales Tax referendum for the Atlanta Regional Commission counties.  Other Regional Development Commissions throughout the state will hold similar elections, but the complexities and sheer magnitude of the 10 ARC Counties, with about 4.2 million of the state’s 9 million people, make this vote the crux of the plan, and the source of the money, to finally begin to dig Atlanta out of traffic gridlock.

This T-SPLOST will have a list of projects pre-approved by the local jurisdictions within the 10 county metro Atlanta area, and will allow new transportation funds to be approved by voters, thus avoiding legislators to have to vote for a career killing tax increase.  But in an era of Taxed Enough Already TEA Party voters, will voters be willing to vote themselves a tax increase?

The first hurdle is dealing with DeKalb and Fulton County voters.  Each have a 7% total sales taxes already, with the City of Atlanta having an 8% burden for the billions in new sewer bonds that must be retired.  These counties already pay 1% higher than surrounding counties because they already pay a unique 1% sales tax to fund MARTA, Atlanta’s transit system.  Fulton and DeKalb residents, especially those from the more Republican northern suburbs, aren’t crazy about funding their MARTA tax and an additional 1% tax for other transit projects.  They generally want to see their burden reduced, and/or other regional counties step up and pay for what they believe they’ve been paying for all along: regional transit.

The suburban counties, however, have long been skeptical of any regional transit. As gridlock has consumed the suburbs, views on regional transit generally and MARTA specifically have been softening. 

Cobb residents yesterday re-authorized a general purpose SPLOST by a narrow 79 votes.  Conventional wisdom is that if the vote had failed, it may foreshadow trouble with residents willing to vote themselves a tax increase next summer.  Not surprisingly, I take a contrarian view.  I believe Cobb extending their existing tax, with a current total rate at 6%, makes it less likely residents will add yet another penny for regional projects. 

Cobb has a long history of self-taxing improvement districts, where land owners in a commercial district like the Cumberland Mall area add additional taxes to improve the infrastructure of that area.  As such, while Cobb has transit issues, it has taken a much more proactive stance on these issues and more comprehensive projects like the creation of the East-West connector (while North Atlanta was rejecting a, East-West Northern Arc).  And now, Cobb has just supplied its residents with a long list of projects they can expect over the next four years. 

The date of a summer primary will result in a relatively low turnout, skewed toward Republicans in Cobb.  The forces that lost this battle by 79 votes will likely still be “anti-tax”, but the question lies in how many of those willing to vote themselves a tax increase yesterday (to maintain the existing rate) will vote to increase their sales taxes to 7% next year, when the project list may be viewed as benefitting other counties more than their home turf.  I predict an uphill climb for T-SPLOST in Cobb.

In Gwinnett, meanwhile, the election of Charlotte Nash for County Commission chair helps to steer the county (and the voters’ minds) away from years of scandal that saw the previous chairman resign to avoid indictment, and another former commissioner indicted for actions of self-enrichment while acting as a commissioner.  County residents have seen property taxes increase as pet projects that favored local developers (and apparently the commissioners themselves) increased the counties debt burden and annual operating expenses.  The public trust to cough up more tax money is over extended at the moment.

But 17 months from now, Nash hopefully can have set a different tone.  Meanwhile, Gwinnett residents seem more open than other suburban neighbors to transit options, and anecdotally Gwinnett seems to have a higher need than most for relief from gridlock.  Nash may be the piece needed to improve T-SPLOST’s chances there, if only to restore some sense of trust in government.

Yesterday did not provide a canary in a coal mine for T-SPLOST, but probably some tea leaves.  In sum, they’re split.  Gwinnett may have received a subtle improvement on the path to T-SPLOST.  Cobb, however, will need some strong attention to pry yet another penny from a relatively satisfied tax base.

Conventional wisdom on the decades long tri-state water wars has been that Georgia would not fare well in the court system, and needed to negotiate a settlement with neighbors Alabama and Florida.  Today, during arguments in front of a three judge panel, Georgia seemed to find a sympathetic ear.  From the Associated Press via the Gwinnett Daily Post:

Judge Stanley Marcus seemed partly sympathetic to the argument, later saying he believed Magnuson (the original trial Judge) failed to weigh the difficulties his order would case. If Magnuson’s deadline were overturned, it would ease the political pressure on Georgia to cut a deal.

…

Judge R. Lanier Anderson challenged (Alabama’s attorney) Lembke, noting that the original legislation authorizing the dam contemplated the project would assure Atlanta of a supply of water. Anderson said early documents from the Army Corps contemplated that there may be a need to release more water from the dam into the Chattahoochee River to accommodate anticipated growth in Atlanta.

“The legislation is absolutely clear,” he said.

Anderson later told a lawyer for the U.S. Army Corps of Engineers that he thought the case should be sent back to the agency so it could review the availability of water with guidance from the court saying that water supply was part of Congress’ intent for the project.

“We’re probably going to remand this case,” Anderson told a lawyer representing Florida.

The judges did not indicate when they would rule.

So, about all that rain falling today, filling up Lake Lanier?  Sounds like it might be ours after all.

PS.  You’re next, Tennessee

Monday, I made a suggestion the TEA Parties of Georgia take up the cause of SB 160, and perhaps take issue with Senator Don Balfour’s (R-Georgia Power) claim that Georgia’s current law prohibiting regulated utilities from donating to him directly was “blatantly unconstitutional.”

Happy am I to have just received the following press release in my in-box:

Alliance Opposes SB 160; Disputes Senator Balfour’s claim of “current law” being “blatantly unconstitutional”

 Atlanta, Georgia, March 3, 2011 – The Georgia Alliance for Ethics Reform opposes Senate Bill 160 that was introduced by Senator Don Balfour (R-Snellville).

 “This bill would greatly increase the influence of utilities that have state-created monopolies,” said Danny Orrock, Deputy Director of Georgia Watch, a member of the Alliance.  “The state already gives them a monopoly and the power to take a citizen’s land through eminent domain.  An entity that wields such significant power should not be allowed to play in elections.”

 As far as the unconstitutionality of the current Georgia law, Emmet Bondurant, local attorney and Board member of Common Cause Georgia states:

 “Citizens United held that corporations and unions have a First Amendment right to use  treasury funds to pay for television or print ads or direct mail advocating  the election or defeat of a candidate of public office, so long as those expenditures are made independently of and not in coordination with the candidate or his or her political campaigns (i.e.  a First Amendment right to make “independent expenditures”).

 Citizens United did not hold unconstitutional the Federal Corrupt Practices act that has, since 1907, prohibited corporations and national banks, and since 1947 has also prohibited unions, from making political contributions directly to a candidate or his or her campaign.

  Nor did Citizens United hold federal or state laws that place monetary limits on the amounts that individuals, or PACS can contribute directly to a candidate or his campaign.

 The Court in Citizens United maintained and preserved the fundamental distinction between laws that prohibit or limit contributions directly to candidates because of the tendency of such contributions to influence and corrupt candidates, and the right of individuals or corporations to spend their own money, independently of a candidate or a political campaign, to publish a newspaper or TV ad urging the election or defeat of a candidate.

 Statutes in the first category are still valid after Citizens United. Statutes in the latter category are not.”

The members of the Alliance are independent groups and individuals with other policy interests in addition to their ethics proposal.  However, they are united in the push for strengthening Georgia’s ethics laws.  The Alliance includes Common Cause Georgia, Georgia Tea Party Patriots, Georgia Watch and the League of Women Voters of Georgia. They invite all groups and individuals with an interest in ethics legislation to join the Alliance at www.GeorgiaEthicsReform.com

Rare to give props to the news publication on the actual news headline, but Margaret Newkirk and the rest of the team at the AJC has been on the Cobb EMC/Cobb Energy story for years.  Without them, I doubt we would know the following:

1.  Cobb EMC sold off some of it’s assets to the for profit “Cobb Energy”, with Cobb Energy owned by many of the insiders of the non-profit Cobb EMC.

2.  Cobb Energy then entered into a contract to manage Cobb EMC with a markup of 11%.

3.  Cobb Energy diverted assets to Cobb EMC, with those being returned after co-op members sued the board for diverting the profit making assets. 

4.  The CEO of Cobb Energy was still subsequently indicted on 31 counts of racketeering and theft in conjunction with the asset transfers from Cobb EMC.

5.  The Board of Cobb EMC then sued co-op members who were a party to the original settlement, claiming that they weren’t supposed to tattle on the illegal stuff as part of their original settlement.  This suit was later dropped.

Which brings us to today.  As part of the settlement (and not just because of that silly 31 count indictment), the Cobb EMC CEO will resign.  But the board claims they can’t find a single person qualified to replace him, and thus they want to hire him back.

But if the co-op’s board has its way, he won’t be gone for long. The co-op’s board asked a Cobb County court to allow it to rehire Brown, 65. Meanwhile the board said Brown will remain an “independent consultant.”

“Nobody knows our co-op and the electric industry better than he does, and his expertise will help us continue . . . supplying reliable and affordable power to our members,” board chairman Larry Chadwick said in a statement.

He said the board interviewed eight candidates to replace Brown but none was deemed as qualified.

Note that this board is the same one that has been in place since 2007.  You know, the same ones that were allowing the double corporate entitites which allowed a for-profit company owned by insiders to enrich themselves off the efforts and assets of a non-profit co-op.

The settlement set a schedule of board elections that would have allowed the co-op’s customers to replace most of its governing board in 2009. The two sides continue to fight over the terms of those elections. The co-op has asked the state Supreme Court to overturn an April appellate ruling that it violated the settlement terms related to the board votes.

Co-op members have not been able to vote on co-op board members since 2007.

I’m a Cobb County resident.  Reading this story, however, almost makes me glad I only get to pay the Don Balfour ‘Only Little People Pay Rate Increases’ Tax to Georgia Power.  Almost.

Today’s Courier Herald Column:

Members of Georgia’s TEA Parties were focused on Wisconsin last week, holding rallies in solidarity of the efforts to end collective bargaining for various mid-western states’ employees unions at the Georgia Capitol.  With all respect to Georgia’s organizers, I’d suggest it is time to focus their efforts back home, here in Georgia.  I would suggest they start with SB 160 and its primary sponsor, Senator Don Balfour (R-Snellville).

It’s difficult for me to type (R-Snellville) when I type Senator Balfour’s name, because when I see his name, I think (R-Georgia Power).  Two years ago, Balfour was the primary sponsor of SB 31, a bill that bypassed the Georgia Public Service Commission with mandated rate increases allowing for Georgia Power to build two additional nuclear reactors at Plant Votgle.   Please let me state for the record that I am pro-nuclear power, and support new reactors at Votgle.  The way these are being paid for, however, is an abomination to Georgia citizens, especially Georgia Power consumers.

SB 31, custom written for Georgia Power, allows the utility to bill consumers for “financing costs” of the two plants beginning this year (coincidentally, after the most recent election – no need to let voters see an ugly legislature mandated rate hike just before they vote).  Though the new reactors will not be productive before 2016 at the earliest, Georgia Power customers will begin paying for the reactors now.  Except, Balfour exempted large commercial users from the rate increase.  Thus the burden will fall on small businesses and residential customers to pay this portion of construction costs.

To make matters worse, “financing costs” includes a legally mandated “return on investment” or as most of us would call it, “profit”, to the tune of about one billion dollars.  Don Balfour and the rest of Georgia’s legislature made sure that you and I, but not large businesses, give Georgia Power – a large private company – a $1 billion advance profit on a plant that will not generate power for at least five more years.

For Georgia Power to generate this kind of legislation, they invested heavily in the legislature, and deployed an armada of over 70 lobbyists – roughly one for every three legislators – to ensure the bill passed.

This year, Balfour is back sponsoring SB 160, a bill that would allow regulated utilities to make direct campaign contributions to Georgia political candidates, with the exception of the Public Service Commission.  Apparently, having to deploy over 70 lobbyists is inefficient, and Balfour would like to make it easier to for the utilities to come straight to them bearing cash.

His rationale is rooted in a recent US Supreme Court decision which recognizes a corporation as a person, and as such, has the right to make campaign contributions.  The Citizens United case struck down a significant portion of the McCain-Feingold campaign finance law just over a year ago, and Balfour told the AJC that Georgia’s current law is “blatantly unconstitutional”, given that the Supreme Court has ruled corporate political donations are protected speech.

As always, when I see most politicians referencing the Constitution, I assume it is a matter of convenience to support their position de jour.  And thus, I will offer that the problem with Balfour’s argument is within the bill itself.

SB 160, as currently written, maintains the existing exemption from regulated utilities making donations to the Public Service Commission campaigns for those who will ultimately regulate them.  In doing so, Balfour implicitly acknowledges that there are limits to the political free speech as granted in the Citizens United decision.

Assuming there are valid reasons to restrict government regulated monopolies from donating to those who regulate them, there is reason to believe these limitations can extend to legislators as well, given that Balfour proved with the previous SB 31 bill that the legislature can bypass the PSC whenever they are so inclined, especially 70 lobbyists or a pile of direct campaign contributions encourage them to do so.

And thus, the TEA Party members who focused like a laser on Washington and their bad habits in the 2010 election need to get busy looking at our state legislature for 2012.  Whether it’s a “tax”, a “fee”, or a mandated rate increase that hits small businesses and residents but exempts large corporations who can afford lobbyists, the folks at the gold dome have proven time and time again they have a way of getting into our wallets.   Yet if the focus remains on Washington, the rules back home will continue to be changed in favor of the big guys, with us little people footing the bill.

My column from this morning’s Courier Herald:

While speaking to the Atlanta Press Club yesterday, Atlanta Mayor Kasim Reed spoke on a variety of topics with a somewhat common theme: Working with various other state leaders to “reduce the notion of two Georgias”. 

A Couple of weeks ago, I wrote for PeachPundit.com that Kasim Reed is the man with political clout in Georgia.  He has been the point man to work with President Obama’s Democratic administration in an attempt to secure funding for expanding the Port of Savannah on behalf of a solidly Republican state.  He has become the key negotiator in solving the Atlanta regions’ transportation plan in preparation for an upcoming regional transportation sales tax vote.  And he has stood shoulder to shoulder with the Governor to announce the two would use every means necessary to ensure that Atlanta Public Schools do not lose accreditation.

As mayor of the capitol city, Reed has influence far beyond his half million constituents.  His frequent references to “unprecedented cooperation” with the Governor, Lieutenant Governor, Speaker of the House, and Congressional delegation underscored the symbiotic relationship the various parts of the state have, and the abilities of Reed and the others to bring Georgians together.

Many of the issues that Reed spoke of centered on economic development, and most of those issues have transportation at the core.  He spoke of the state’s long history as being a center for logistics, and shared a vision that Georgia would be nothing less than the logistical center of the Western Hemisphere.  Thus, the Port of Savannah will be linked to Hartsfield airport, with massive cargo ships bringing in goods that can be distributed quickly throughout the southeast and beyond by Hartsfield’s massive network and expanding air cargo capabilities. 

But Reed also discussed issues that are closer to home, that if left unchecked would threaten the image of the city and blunt the best economic development efforts.  In addition to his firm stance toward the Atlanta School Board, Reed discussed plans to reduce crime, increase environmental sustainability, and deal with the city’s massive housing/foreclosure problem.

But the real challenge for Reed will begin today, when he will receive recommendations to deal with the City’s significantly underfunded pension program.   Though he said he could ignore the problem through his expected two terms, he indicated if he did so, the next mayor would have to declare the city bankrupt.   He would prefer to get the city back on track to a properly funded program now, while actions can still be taken.

City employees, however, are a large and influential voting bloc in Atlanta.  Changing their compensation package is not without significant political risk, and poses perhaps the first real test of his administration. 

During his first year in office, Reed has built up considerable clout and goodwill from Republican Georgia.  It will be interesting to see if that translates into the ability to convince his Democratic base to accept less.  If it does, we’re a lot closer to having “one Georgia” than most might expect, and Kasim Reed will be its undisputed mayor.

Today’s “fresh political pickins from the Peach State”:

1.) Coming off a bitter campaign, Governor Deal and former Governor Barnes have forged an unlikely alliance over a good cause: ensuring that spouses of state employees killed in the line of duty are able to continue health coverage under the state’s plan. To quote Barnes: “It’s the least we can do, really”.

I didn’t vote for Governor Barnes and I don’t regret that decision. But it’s good to see this kind of unity from Speaker, Governor and former Goveror when it comes to something like this, which is doing the right thing.  It also more than makes up for these shenanigans last week by Barnes. “What a crock”.

2.) HB 92, sponsored by Rep. Mark Hamilton, R-Cumming, would reduce the early voting period from 45 to 21 days. Read the full article here. Personally, I think this is very necessary. I’d even support cutting it down to 14 or 7 days, but 21 is a good number. Cost-wise, it guts rural counties to have this long of an early voting period:

An ACCG survey found that counties with less than 10,000 registered voters spent an average $78.31 per early vote in the 2010 primary election, and $11.79 in the general election, compared with $10.76 and $3.63 for counties with more than 100,000 registered voters.

Plus, ya’ll know us rural folks have had problems with voter fraud in the past. A long period of early voting allows more ballots to be mailed out to cemetaries everywhere.

3.) Attorney General Olens, Congressman Westmoreland and Governor Deal held a press conference yesterday in response to the ruling in Florida on the healthcare law.

4.) HB 100, introduced by Rep. Allen Peake of Macon, creates a new court in Georgia to exclusively deal with problems regarding the Department of Revenue.

5.) There are two bills in the House looking to place more scrutiny on projects that “rely on transferring water from one river basin to another”. This idea is currently being worked on by Rep. Tom McCall and Rep. Alan Powell.

6.) In other positive news (not), a new report says that Georgia is 7th among states in total illegal immigrant population.