Articles tagged as

SB11

Now That SB11 Has Passed…

SB 11 was widely embraced by the New Hampshire House, which means there will be plenty of blame to go around.  While we wait, let us reminisce about an effort back in 2010 to do one of the things we suggested that SB11’s broad language might empowers new intermunicipal water districts to do. From CNHT.org … Read more

Guest Post by Ken Eyring – a conversation on SB11

[Emphasis mine – Skip]

I wanted to share the conversation that I had with Rep. Abrami via email over the past few days regarding SB-11. I am concerned about some of the unintended consequences in the language of the Bill. These concerns are listed below.  If you agree with me, please share your concerns with your representatives.

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From: Ken Eyring
Sent: Monday, May 20, 2013 7:08 PM
To: Abrami, Patrick
Cc: ~All Representatives
Subject: Re: Senate Bill 11 — Please consider these concerns/potential unintended consequences

Dear Honorable Representative Abrami,

Thank you for taking the time to read my concerns and share your thoughts.  Per your advice, I read Mr. Johnston’s summary of the bill (which you sent to me).  With sincere respect, I believe that both you and Mr. Johnson misunderstand the concerns that I and others have raised.  I am concerned that SB-11’s language may not be interpreted in the manner which you (as a sponsor) intended.  Please give me a moment to explain.

In my previous letter, I referred to some of the text in SB-11 as amended (e.g. “waters of New Hampshire”) that I felt could be broadly interpreted to mean ALL waters of New Hampshire, regardless of source or location.  I appreciate that you agree with me that the Bill’s current statement of purpose does not focus on the true purpose — and I want to thank you in advance for amending this section on Wednesday on the House floor.

There are other areas of the Bill that I am also concerned about, and perhaps it is due to a lack of understanding on my part.  I would appreciate if you would help clarify the following concerns related to this excerpt from 31:141:

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Part of the NH Advantage is local control. SB11? Not so much

  1. Does it allow Exeter and Stratham actually do that?
  2. Does it give others a “platform” on which to do other things – unintended consequences?

My background is as a software developer – not a lawyer.  However, as any one that has done any programming, the object is to first write the code that actually does what is needed (design, code, debug).  The next pass is to sit and try to think of all of the ways and permutations that users will use that programming to do their work – and how to subvert their efforts on insisting on “being stuck on stupid”.  For lack of training, unsure of the job requirements, cases of “let’s just try THIS and see what happens” to those that rub their hands in glee and exclaim “LET’S PLAY GAMES!” – one can be sure that your code will stop some of the inanities that users believe your code should otherwise handle.

Emphasis on some.  Many silly things it won’t simply because I don’t think like they do so I can’t write the software to keep them from using it “wrongly”.   To be sure, more will see what works, what doesn’t, and then will try to exploit it because 1) it is a challenge to do so, but for some idea of fun, or 2) they have an ulterior reason to exploit the system from some sort of personal gain. Get the wrong logic operator in the wrong spot (AND instead of OR, EXACTLY instead of CONTAINS) or assuming data is returned from a call in a certain format and type, and things can fizzle pretty quick.  GIGO (Garbage In, Garbage Out) deliberately done can really hack out a system – the environment in which a program is run also effects what it can / can’t do and the results (valid / invalid) are spit out.

Laws work the same way.  Although not being a lawyer, reviewing laws can be just like reviewing a large program.  Instead of CPUs and networks, the political atmosphere into which the law is enacted is its operating environment.  And make no mistake, just as in computer systems where programs compete for scarce resources, the equivalence is all of the special interest groups hoping to gain some advantage (rent-seeking, be it for commercial gain or ideological success) in either how the law was written (re: hidden back doors, zero day exploits) or the how it can be interpreted to out-chess folks not as aware by those that seek to use it in unintended fashions.

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Pro-SB11 PR Campaign Underway…

Supporters of SB 11, the bill that would allow a new layer of bureaucracy for the purpose of taxing and managing intermunicipal water districts, are waging a public relations campaign on the premise that the opponents of the bill are seeing things that are not there.  Unfortunately for them, the real problem is that there is nothing in the bill to prevent any of the things we see.

Call us cynical but we do not trust rules-makers and bureaucrats to imagine limitations on their authority that are not spelled out clearly.  In fact, as proper cynics, we do not even give them much credit for constraining themselves when the language seems clear.  The language in SB11 fails on all counts.

So I have begun my own counter-campaign on that premise, and emailed the entire New Hampshire House Republican email list with the email below.  Feel free to use this premise or one similar as you reach out to your own representatives.

And a reminder.  Water, water rights, property rights, and fair taxation are not partisan issues.   It is your well, your water, your rain and run-off , and your money that could be taxed; no matter what we’d like the words in SB11 to mean, there is no specific language in it that seeks first and foremost to protect the people of New Hampshire.  Until such language does exist this effort must be opposed.

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The answer, obviously if you had been paying attention, is “Yes!” (shades of SB11)

WMURHe keeps asking, so we keep answering.  This week, Pindell finally gives an UP to the TEA Party movement, along with a question:

Tea Party: The decentralized movement got a new reason for being this week with the news the IRS was targeting them. Since they were proven right on this does it mean everyone needs to take Agenda 21 more seriously?

After all, there is a difference between being paranoid (which many have place the TEA Party because of our warning of an incipient Tyrannical Government) and being what our Founders instructed us to do: be vigilant.  The problem is that while many Americans are familiar with Hard Tyranny in other countries (e.g., Soviet Union, Iran, third world countries with Strong Man despots masquerading as Democracies) they’re blinkered when it comes to Tyranny in other forms (i.e., the soft despostism of De Tocqueville moving onward to the medium Tyranny exemplified by Atlas Shrugged; good intentions that morph in to “you WILL do it because we know it is good for you”).

Much has happened with this IRS scandal – and it is becoming clear that the IRS has institutionalized an attitude that “we are above the law”.  Combine that with a Big Bureaucracy, a Public Sector Union mentality, and almost unlimited Power, you have seen an extremely

Sidenote:  YES, finally we see a real use for the word EXTREMISTS!

biased hierarchy willing to stomp on those that are perceived as a threat – not merely as a political one, but as an existential one.  One that has to be stomp on and stomped out.

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EMail Doodlings – SB11

SB11 – the bill ostensibly written to allow Exeter and Stratham to cooperate on a water system.  However, as we have written here on the ‘Grok, we have seen a lot of problems with the bill as it is too broadly written.  With the Feds and the NH regional planning commissions pushing the Federal “Sustainable Communities Initiative”, we see that as one of the possible on-ramps for totally losing that which makes NH special without any of us having much of a say so in favor of Planners’ solution to any future ill – a move from local control in towns and cities to ‘regional approaches’ (overseen, of course, by the NH Regional Planning Commissions).  Thus, I wrote to a couple of NH Senators a bit ago:

<redacted>, thanks for writing and letting us know.

To say that when Steve posted the news up on GraniteGrok about SB-11, it took my breath away – I had no idea it was even in the works. It looks just like legislation I would have expected to see coming from the Water Sustainability Comission. Why? They made it quite clear that during their “listening session” (how I HATE that phrase, as having been to some, there is no “listening” going on; only Cass Suntein style “nudging” to a determined outcome) that one of their stated aims was to remove water from being private property (“I BUILT that well”) to a publicly owned “common resource” with a handful of votes and the signature of a pen.

I crossed swords with them earlier this year – and look at the verbiage in the bill:

  • Therefore, the general court declares and determines that the waters of New Hampshire constitute a limited and precious public resource to be protected, conserved, and managed in the interest of present and future generations.
  • This requires careful stewardship and management of water and wastewater within the state
  • To maximize health and safety, ecological and aesthetic values, and the overall well-being of the people, the state of New Hampshire must enable municipalities to protect water supplies
  • In order to foster regional approaches
  • and authorize the establishment of charges to owners and users of property

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EMail Doodlings – SB11 Part 2

During an email conversation, I was emailed the NH Association of Regional Planning Commissions broad legislative support document – what the local RPCs want the towns and NH Legislature to do.  Again, I looked at what SB11 was supposed to do, compared that to what SB11 will allow planners to do, and looked at the agenda of how the RPCs with to “Fundamentally Transform” NH’s lifestyle simple because they know a more “efficient” way to “guide us” – as though New Hampshire hasn’t figured out how to do this over the last 400 years by ourselves.

But, we aren’t trained Planners, are we?  When I read over the bill again, I decided to compare what it was put up to be (to make it easier to allow Exeter and Stratham to do a water system together) with how expansive it seemed on the first read through it.  And then I read the NHARPC legislative document. So, I just casually put down every disparate area down.  Once again, I was floored:

On 5/7/2013 9:20 AM, Skip wrote:
Gee:

  • Lakes
  • recycling
  • water
  • energy
  • agriculture

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Guest Post: Ken Eyring – Will Senate Bill 11 Confiscate Control of ALL NH Waters?

On May 22nd, the NH House of Representatives will vote on Senate Bill 11.  It was written to enable Exeter and Stratham to jointly form a water/sewer district — but that capability already exists in State RSA Chapters 53-A, 33-B, 38, and 36.  These RSAs enabled the creation of the Merrimack Valley Regional Water District (7 towns).

The Bill is unnecessary and should be killed.  It contains broad, far reaching language, including this;

“Therefore, the general court declares and determines that the waters of New Hampshire constitute a limited and precious public resource to be protected, conserved, and managed in the interest of present and future generations.”

The “waters of New Hampshire” could be broadly interpreted to mean all water resources are defined as public resources regardless of location (Public or Private Property), and regardless of source (lakes, rivers, streams, ponds, wells…).

This would set a dangerous unconstitutional precedent, severing ownership of water from private property. It could also lead to private wells and septic systems being taxed and “protected, conserved and managed” by newly created, powerful government bodies – whether or not you wish to participate in a water/sewer district.

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May 11th GrokTALK! Guest Segment – Greg Moore from AFP-NH

Mike and Steve continue their conversion with Greg Moore, the state director for AFP-NH.   In segment Two they move on to Medicaid funding in the New Hampshire budget, the failure of Medicaid in general, UNH sabbaticals, Lobbying,  funding, conferences, SB 11 (expanded intermunicipal water districts), and more… Download this segment with Greg Moore here … Read more

The Return of The Bride of The Son of SB 11 [Date of vote confirmed]

New Hampshire Senate Bill 11 will get a formal vote in the House this week, according to a post at CNHT.org.   The post states the full vote is May 22, but was sent to me with an update: the vote will be held this Wednesday, May 15th.

(Note: We received confirmation.  The vote is Wednesday May 22nd)

The date hardly matters, except as relates to our need to act against it.  To the best of my knowledge this is the same exact bill that was set aside last week.  No effort has been made to deal with the broad language that set off red flags last week.  It is still a bad bill.

There is also the question of why this bill is even needed…

CNHT asks…

“…why do Exeter and Stratham need this legislation which “permits municipalities to establish water and/or sewer utility districts and to enter into intermunicipal agreements for the establishment of such districts” considering that the Merrimack Valley Water District has been in existence since 2004 by virtue of RSA Statutes: Chapter 53-A, Chapter 33-B, Chapter 38, and Chapter 362.”

If statutory authority already exists, why introduce a bill like SB 11, with such broad language, unless you are after something more?

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Guest Post by Ken Eyring: SB11 must be stopped

Update: I have been informed that this was written by Jane Aitkin of the NH TEA Party Coalition – I stand, corrected.

***************************

Ever since Grokster Steve put up his post on SB11 whizzing through the NH Senate and the House Committee, there as been a lot of buzzing going on, and while it seems innocuous on the surface, there are a lot of deep down problems with this bill where the mischievous can go evil.  One of THE experts (if not THE expert) on the Sustainable Communities Initiative being pushed by the Federal Government’s HUD (i.e., Federalizing local zoning ordinances) is Ken Eyring – here are his thoughts on this bill:

RED ALERT! SB 11 which passed the Senate, may affect YOUR WATER RIGHTS and will be voted on tomorrow in the full House.

BACKGROUND

In 2011 then Governor Lynch created the NH Water Sustainability Commission (WSC) by Executive Order. This UNELECTED group works alongside the Regional Planners, another UNELECTED GROUP, on the premise that water is a ‘limited resource’ in NH. We wrote about it in 2012. Note the use of the word ‘global’ which is a code word for control of all resources.

http://www.nhteapartycoalition.org/tea/2013/01/04/water-commission-report-is-must-read/

We all know that NH is a water-rich state and there is no water “crisis”. In fact, many of us are still cleaning up after 4 or 5 years of damages to our property due to too much water. Some NH counties were even declared a disaster area for those years.

Among the WSC’s recommendations and goals is to “enable legislation for regional cooperation”. Indeed one of the NH Association of Regional Planning Commission’s 2012-2013 Annual Legislative Action Priorities was:  #12 – “Promote stormwater management efforts including public education and stormwater utility enabling legislation.” (As amended at the July 19, 2012 NHARPC Meeting) You can now see how RI residents were able to be subject to a tax levied on any water that runs off their driveways and rooftops!

Under the WSC category of “Storm Water Utilities” we find…

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When It Rains it Pours

rain

As an after-thought to my post on SB 11 yesterday–which has stirred up some interest around the Grokosphere and well beyond–I went looking for some details about the environmentalist/regionalist motivations with regard to water and sewer.   It is a huge subject many parts of which we’ve touched on at the Grok already; you might say the socialist/central planner/ enviro-crowd is all-in on controlling water as the next best means to controlling us; so I’ll focus on the one thing that caught my eye while surfing (ha!) for details on the latest progressive New Hampshire-bureaucratic water grab.

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