Vitally Important Federal Legislation

Friday night, the House of Representatives in Washington D.C. passed HR 2454, the so called "Cap and Trade" bill. It is 1200+ pages long. 3 hours before the vote Henry Waxman added an additional 300 pages to the bill. This bill was said to be so vital that it was not necessary to even read it. Congress was told to simply vote it through.

This ENTIRE section is only for new outdoor lighting regulations and standards. Get ready for Federal control of your outdoor lighting! That's right. Among other gems IN JUST THIS SECTION are:
-Outdoor light bulbs now have a mandated length of life.
-Outdoor light bulbs now have a maximum energy use (read brightness).
-Every outdoor light bulb must have at least two brightness settings.
-Every outdoor light bulb must be manufactured according to the standards of the National Electrical Manufacturers Association (a lobbyist group).

By the way, there are sections with similarly long lists of regulations for portable lighting units, "art work light fixtures," "GU-24" light fixtures, and of course normal light bulbs.

(a) Outdoor Lighting-

(1) DEFINITIONS-

(A) Section 340(1) of the Energy Policy and Conservation Act (42 U.S.C. 6311(1)) is amended by striking subparagraph (L) and inserting the following:

‘(L) Outdoor luminaires.

‘(M) Outdoor high light output lamps.

‘(N) Any other type of industrial equipment which the Secretary classifies as covered equipment under section 341(b).’.

(B) Section 340 of the Energy Policy and Conservation Act (42 U.S.C. 6311) is amended as adding at the end the following:

‘(25) The term ‘luminaire’ means a complete lighting unit consisting of one or more light sources and ballast(s), together with parts designed to distribute the light, to position and protect such lamps, and to connect such light sources to the power supply.

‘(26) The term ‘outdoor luminaire’ means a luminaire that is listed as suitable for wet locations pursuant to Underwriters Laboratories Inc. standard UL 1598 and is labeled as ‘Suitable for Wet Locations’ consistent with section 410.4(A) of the National Electrical Code 2005, or is designed for roadway illumination and meets the requirements of Addendum A for IESNA TM-15-07: Backlight, Uplight, and Glare (BUG) Ratings, except for--

‘(A) luminaires designed for outdoor video display images that cannot be used in general lighting applications;

‘(B) portable luminaires designed for use at construction sites;

‘(C) luminaires designed for continuous immersion in swimming pools and other water features;

‘(D) seasonal luminaires incorporating solely individual lamps rated at 10 watts or less;

‘(E) luminaires designed to be used in emergency conditions that incorporate a means of charging a battery and a device to switch the power supply to emergency lighting loads automatically upon failure of the normal power supply;

‘(F) components used for repair of installed luminaries and that meet the requirements of section 342(h);

‘(G) a luminaire utilizing an electrode-less fluorescent lamp as the light source;

‘(H) decorative gas lighting systems;

‘(I) luminaires designed explicitly for lighting for theatrical purposes, including performance, stage, film production, and video production;

‘(J) luminaires designed as theme elements in theme/amusement parks and that cannot be used in most general lighting applications;

‘(K) luminaires designed explicitly for vehicular roadway tunnels designed to comply with ANSI/IESNA RP-22-05;

‘(L) luminaires designed explicitly for hazardous locations meeting UL Standard 844;

‘(M) searchlights;

‘(N) luminaires that are designed to be recessed into a building, and that cannot be used in most general lighting applications;

‘(O) a luminaire rated only for residential applications utilizing a light source or sources regulated under the amendments made by section 321 of the Energy Independence and Security Act of 2007 and with a light output no greater than 2,600 lumens;

‘(P) a residential pole-mounted luminaire that is not rated for commercial use utilizing a light source or sources meeting the efficiency requirements of section 231 of the Energy Independence and Security Act of 2007 and mounted on a post or pole not taller than 10.5 feet above ground and with a light output not greater than 2,600 lumens;

‘(Q) a residential fixture with E12 (Candelabra) bases that is rated for not more than 300 watts total; or

‘(R) a residential fixture with medium screw bases that is rated for not more than 145 watts.

‘(27) The term ‘outdoor high light outputlamp’ means a lamp that--

‘(A) has a rated lumen output not less than 2601 lumens;

‘(B) is capable of being operated at a voltage not less than 110 volts and not greater than 300 volts, or driven at a constant current of 6.6 amperes;

‘(C) is not a Parabolic Aluminized Reflector lamp; and

‘(D) is not a J-type double-ended (T-3) halogen quartz lamp, utilizing R-7S bases, that is manufactured before January 1, 2015.

‘(28) The term ‘outdoor lighting control’ means a device incorporated in a luminaire that receives a signal, from either a sensor (such as an occupancy sensor, motion sensor, or daylight sensor) or an input signal (including analog or digital signals communicated through wired or wireless technology), and can adjust the light level according to the signal.’.

(2) STANDARDS- Section 342 of the Energy Policy and Conservation Act (42 U.S.C. 6313) is amended by adding at the end the following:

‘(g) Outdoor Luminaires-

‘(1) Each outdoor luminaire manufactured on or after January 1, 2011, shall--

‘(A) have an initial luminaire efficacy of at least 50 lumens per watt; and

‘(B) be designed to use a light source with a lumen maintenance, calculated as mean rated lumens divided by initial lumens, of at least 0.6.

‘(2) Each outdoor luminaire manufactured on or after January 1, 2013, shall--

‘(A) have an initial luminaire efficacy of at least 70 lumens per watt; and

‘(B) be designed to use a light source with a lumen maintenance, calculated as mean rated lumens divided by initial lumens, of at least 0.6.

‘(3) Each outdoor luminaire manufactured on or after January 1, 2015, shall--

‘(A) have an initial luminaire efficacy of at least 80 lumens per watt; and

‘(B) be designed to use a light source with a lumen maintenance, calculated as mean rated lumens divided by initial lumens, of at least 0.65.

‘(4) In addition to the requirements of paragraphs (1) through (3), each outdoor luminaire manufactured on or after January 1, 2011, shall have the capability of producing at least two different light levels, including 100 percent and 60 percent of full lamp output as tested with the maximum rated lamp per UL1598 or the manufacturer’s maximum specified for the luminaire under test.

‘(5)(A) Not later than January 1, 2017, the Secretary shall issue a final rule amending the applicable standards established in paragraphs (3) and (4) if technologically feasible and economically justified.

‘(B) A final rule issued under subparagraph (A) shall establish efficiency standards at the maximum level that is technically feasible and economically justified, as provided in subsections (o) and (p) of section 325. The Secretary may also, in such rulemaking, amend or discontinue the product exclusions listed in section 340(26)(A) through (P), or amend the lumen maintenance requirements in paragraph (3) if the Secretary determines that such amendments are consistent with the purposes of this Act.

‘(C) If the Secretary issues a final rule under subparagraph (A) establishing amended standards, the final rule shall provide that the amended standards apply to products manufactured on or after January 1, 2020, or one year after the date on which the final amended standard is published, whichever is later.

‘(h) Outdoor High Light Output Lamps- Each outdoor high light output lamp manufactured on or after January 1, 2012, shall have a lighting efficiency of at least 45 lumens per watt.’.

(3) TEST PROCEDURES- Section 343(a) of the Energy Policy and Conservation Act (42 U.S.C. 6314(a)) is amended by adding at the end the following:

‘(10) OUTDOOR LIGHTING-

‘(A) With respect to outdoor luminaires and outdoor high light output lamps, the test procedures shall be based upon the test procedures specified in illuminating engineering society procedures LM-79 as of March 1, 2009, and LM-31, and/or other appropriate consensus test procedures developed by the Illuminating Engineering Society or other appropriate consensus standards bodies.

‘(B) If illuminating engineering society procedure LM--79 is amended, the Secretary shall amend the test procedures established in subparagraph (A) as necessary to be consistent with the amended LM-79 test procedure, unless the Secretary determines, by rule, published in the Federal Register and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures under paragraph (2).

‘(C) The Secretary may revise the test procedures for outdoor luminaires or outdoor high light output lamps by rule consistent with paragraph (2), and may incorporate as appropriate consensus test procedures developed by the Illuminating Engineering Society or other appropriate consensus standards bodies.’.

(4) PREEMPTION- Section 345 of the Energy Policy and Conservation Act (42 U.S.C. 6316) is amended by adding at the end the following:

‘(i)(1) Except as provided in paragraph (2), section 327 shall apply to outdoor luminaires to the same extent and in the same manner as the section applies under part B.

‘(2) Any State standard that is adopted on or before January 1, 2015, pursuant to a statutory requirement to adopt efficiency standards for reducing outdoor lighting energy use enacted prior to January 31, 2008, shall not be preempted.’.

(5) ENERGY EFFICIENCY STANDARDS FOR CERTAIN LUMINAIRES- Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall, in consultation with the National Electrical Manufacturers Association, collect data for United States sales of luminaires described in section 340(26)(H) and (M) of the Energy Policy and Conservation Act, to determine the historical growth rate. If the Secretary finds that the growth in market share of such luminaires exceeds twice the year to year rate of the average of the previous three years, then the Secretary shall within 12 months initiate a rulemaking to determine if such exclusion should be eliminated, if substitute products exist that perform more efficiently and fulfill the performance functions of these luminaires.

By the way, all these new taxes and regulations are designed to reduce something THAT EVERY ANIMAL ON EARTH EXHALES, CO2.

Alexis de Tocqueville said:
Thus, it [an American tyranny] every day renders the exercise of the free agency of man less useful and less frequent; it circumscribes the will within a narrower range, and gradually robs a man of all the uses of himself...After having thus successively taken each memeber of the community in its powerful grasp, and fasioned him at will, the supreme power then extends its arm over the whole community. It covers the surface of society with a network of small complicated rules, minute and uniform, through which the most original minds and most energetic characters cannot penetrate, to rise above the crowd. The will of man is not shattered, but softened, bent, and guided..." (read more here)

Get ready. The Federal government wants to control every aspect of your life, even down to your outdoor light bulbs.

More Numbers

I love the facts, what can I say.

In 1980, the Oregon legislature, in the midst of a recession, reduced the budget by 10%. To make it simple, the budget was -10% from the previous.

In 2009, facing a similar recession (arguably worse), the Oregon legislature is proposing a budget increase of 9%. In other words, the budget is going to be +9% from the previous. It is a total of 53.47 billion.

Thanks to Bill Post at 1430 KYKN for this. I have not been able to locate the actual numbers, since Oregon does not post its budgets online.

The next time someone cries that "programs will be cut" keep in mind that the budget is going up 10% over the last one. Nothing is being reduced. I cannot locate it, but I believe the 2006-2008 budget was an increase of much more than 10%. So the 2008-2010 budget is less of an increase. Ah, governmental-ese.

By the way, can we please put the budget online for all citizens to look over? I know it would expose a lot of things a lot of government officials would rather keep secret, but I think the citizens deserve to know what the 70+ new taxes and tax increases proposed will be paying for.

What's going on in Salem

Taken from resistnet.com, this is a partial list of the things our illustrious state government is proposing to help us out of this recession.

In a word, taxes.

Higher taxes on everything from hospitals to beer (1900% increase) to the rich and to the poor. They are proposing (look for it) an 300% increase in the yearly vehicle registration fee, taxes on the carbon content of fuel providers, and even subverting our state Constitution by allowing local school districts to increase property taxes without a vote of the people.

And these are only what the House is doing. I don't even know about the Senate.

HB 2009 in its current form increases the tax on 25 large hospitals from from .63 percent to 4 percent of net revenue. It sets a new tax on managed care and other health insurance plans at 1.5 percent. (Estimated Impact: $208 million a year)

HB 2067 will sunset tax credits; creating higher taxes for businesses that currently depend on these tax credits. The fiscal impact is unknown and work sessions are currently being held on HB2067 in the House revenue committee. (Estimated Impact: Unknown)

HB2069 reduces the amount of federally deductible medical expense that elderly taxpayers may subtract when determining Oregon taxable income. (Estimated Impact: $15-$20 million)

HB 2072 is a carbon tax; it imposes a tax on each fuel supplier and utility based on the amount of carbon in carbon-based fuel that is sold by fuel suppliers to consumers. Additionally it imposes a carbon tax on energy producers using carbon-generated electricity supplied by utilities to consumers. (Estimated Impact: Unknown)

HB 2075 or HB2122, This session there are several bills that will increase the tax on cigarettes and tobacco products. The cigarette tax would be raised from 29 to 30.5 mills per cigarette. The new tax would be 3.05 cents per cigarette or roughly 60 cents a pack. The tax would be increased from $1.18 to $1.78 cents a pack. The tax on other tobacco products would increase by 25 percent. (Estimated Impact: $112 million for the biennium)

HB 2076 creates higher taxes on healthcare providers (Estimated Impact: Unknown)

HB 2077 reduces federal tax subtractions from $5,500 to $3,000 and from $2,750 to $1,500. LRO estimates this bill will have a first year revenue impact of $121 million. (Estimated Impact: $121 million in first year)

HB2116 Requires insurers to pay a tax as a percent of gross amount of premiums. It is a tax on healthcare insurers. (Estimated Impact: Unknown)

HB 2119 raises the corporate minimum income tax from $10.00 to a sliding scale from $25 up to $5,000. (Estimated Impact: $37 million a year)

HB 2120 would raise the gas tax from 24 cents to 26 cents. It increases the vehicle registration fee from $27 to $81 annually, and creates a first time vehicle title fee of $100. Separate bills in the House would also tax the use of rental cars, and another would raise the tax on air fuel by 2 cents per gallon. (Estimated Impact: $499 million a year)

HB 2461 would increase the tax on a barrel of beer from $2.60 to $49.61. This is a 1,900 percent increase. It is equivalent to $15 cents per 12oz. The industry maintains this will hike the price of a pint of beer by $1.50 and a six pack will cost approximately a buck more. (Estimated Impact: $322 million over the next two years)

HB2649 establishes 7.5 percent Oregon alternative minimum tax for taxpayers with federal adjusted gross income exceeding $125,000. (Estimated Impact: $145 million)

HB 2650 Increases the personal income tax rate for taxpayers with taxable income above certain level. The level has not been specified. (Estimated Impact: Unknown)

HB 2651 would create a 10% tax bracket for individuals with a taxable income of $125,000 and over. (Estimated Impact: $89 million a year)

HB2652 increases personal income tax rate on Oregon families with a taxable income above certain level undetermined. (Estimated Impact: Unknown)

HB 2698 creates new taxes on contributions to employee stock ownership plans exempted from federal taxable income of employees and employers because of federal laws. In other words it creates a new state tax on your retirement plans. (Estimated Impact: Unknown)

The Oregon Legislature will also consider proposals that give local authorities the ability to raise revenue through new taxes and fees. Local governments could have more authority to place taxes on cigarettes (HB2116), impose real estate transfer taxes (SB 396 and HB2473) and would allow certain school districts to increase property taxes (SB555).

Here are some more:

HB 2014: Increases construction tax. Job killer
HB 2068: Increases income tax
HB2070: Increases tax on businesses Job killer
HB 2071: Increases document filling fees
HB 2075: Increases cigarette tax.
HB 2077: Increases income tax
HB 2078: Increases income tax.
HB 2122: Increases tax on tobacco
HB 2159: Increases tax on business
HB 2160: Increases cigarette tax
HB 2379: Creates tax on cigarette distribution
HB 2393: Increase fees for serving legal documents
HB 2431: Increases tax on airplane fuel
HB 2436: Increases fees for deed and mortgage records
HB 2471: Increases tax for seniors
HB 2472: Increase tax on energy bills
HB 2474: Increases property taxes
HB 2616: Increases cigarette tax
HB 2648: Increases federal income tax
HB 2672: Increases tax on tobacco
HB 2696: Tax on bartering exchanges
HB 2697: Increases personal income tax
HB 2711: Tax on civilian federal employees
HB 2712: Increases income tax
HB 2749 :Increases tax on video game devices
HB 2769: Increases tax for farm worker housing
HB 2771: Increasestax for small wineries
HB 2772: Increases tax for seniors this is #3, if you're counting
HB 2773: Increases business tax
HB 2774: Increases income tax
HB 2785: Ceases tax credit for political contributions
HB 2807: Increases tax on businesses
HB 2818: Increases tax on car rentals
HB 2843: Increases tax on income
HB 2844: Creates tax for filing documents
HB 2854: Increases tax on capitol gains
HB 2913 Increases tax on businesses
HB 2934: Creates tax on health insurance
HB 2935: Increases tax on income for shareholders
HB 3049: Increases tax on business
HB 3115: Increases tax on tangible or intangible property
HB 3146: Creates tax on luxury items, ie electronics valued over $1000, sports equip.over$500, real estate other than primary residence, vehicles over $40k, sightseeing flights, submarines.
HB 3148: Increases registration fees for cars.
HB 3272: Increases personal income tax
HB 3291: Increases tax on renewable energy
HB 3303: Creates tax on birdseed.
HB 3309: Increases tax on life insurance
HB 3312: Increases income tax
HB 3398: Creates sales tax ?????
HB 3405: Increases tax on businesses
HB 3406: Increases cigarette tax
HB 3407: Increases tax on alcohol
HB 3411 Tax increase on construction
HB 3412: Increases income tax
HB 3413: Increases tax on businesses
HB 3415: Increases tax on gasoline
HJR 27: Increases income tax
HJR 29: Increases income tax
HJR 48: Increases tax on carbon emissions
HJR 49: Increases tax on oil and natural gas

More Numbers

2008 Population of America: 303, 824,640.
2008 Presidential Election Participation: 131,376,369.
2008 Total People Who Voted For Obama: 69,456,897.

Therefore: 22% of America voted for Obama.
And: 78% of America voted against Obama or didn't bother to vote.

Just sayin's all.