Category: Regulations

New Regulations Pushed by Union Allied with de Blasio Will Limit New NYC Hotels

(p. A8) Mayor Bill de Blasio and other New York City leaders are pushing a controversial plan to drastically restrict hotel development, a move that the mayor’s own experts fear could endanger the city’s post-pandemic recovery and cost billions in lost tax revenue.

. . .

The Council is expected to approve the plan in time for Mr. de Blasio to see it become law before he leaves office this year. Once it is in place, developers fear that few, if any, new hotels would be built.

. . .

“We flag that to continue with this proposal could be seen as contrary to economic recovery principles and sound planning,” Marisa Lago, the director of the planning department, wrote last year in the memo to City Hall.

But Mr. de Blasio’s views hew closer to those of another group: the hotel workers union that endorsed his 2020 presidential campaign, pouring $440,000 into ads to bolster his ill-fated candidacy.

The union, the Hotel Trades Council, has long pushed to limit the construction of new hotels, which are often nonunion. Its calculation has been that limiting the development of such hotels, which typically offer less-expensive lodging than existing full-service hotels, would tend to increase hotel room prices generally and bolster the higher-end hotels where many of its workers are employed.

. . .

In most of the city, developers are free to build hotels in areas that are zoned for such use. Under a special approval process, building hotels would become far more challenging, said Moses Gates, vice president of housing and neighborhood planning at the Regional Plan Association, an influential nonprofit planning group. No other type of routine development currently gets the kind of scrutiny that Mr. de Blasio is proposing for hotels, he said.

“Hotels would be the only common land use which would always need City Council approval to be built, no matter what,” Mr. Gates said.

. . .

The Hotel Trades Council’s support of a special permit process for new hotels may seem counterintuitive, since it is effectively opposing the growth of jobs in the industry that it represents. Union hotel jobs in New York City provide one of the few pathways to the middle class for workers with no college education.

“Labor generally is in favor of employment and of growth, but especially jobs in their own sector,” said Harry C. Katz, a professor of collective bargaining at Cornell University.

But mid-market hotels that serve middle-class tourists are hard to unionize, union and industry experts say. If citywide special permits are adopted, as is expected, the hotel union would most likely use its political leverage to pressure Council members to only accept new hotels that use union labor.

For the full story, see:

Dana Rubinstein and J. David Goodman. “A Plan to Limit New Hotels in New York Meets Resistance.” The New York Times (Wednesday, April 28, 2021): A8.

(Note: ellipses added.)

(Note: the online version of the story has the date April 27, 2021, and has the title “A $7 Billion Mistake? New York Seeks to Curb New Hotels.”)

The research co-authored by Stone and mentioned above was described in:

Stone, Brian, Jr., Evan Mallen, Mayuri Rajput, Carina J. Gronlund, Ashley M. Broadbent, E. Scott Krayenhoff, Godfried Augenbroe, Marie S. O’Neill, and Matei Georgescu. “Compound Climate and Infrastructure Events: How Electrical Grid Failure Alters Heat Wave Risk.” Environmental Science & Technology (published online in advance of print on April 30, 2021).

French Central Planners Say Crepe Makers Are “Essential” but Desk Lamps Are Not

(p. A11) PARIS — Three French lockdowns, and counting, over the past 13 months have been many things, among them a rare opportunity for the formidable national bureaucracy of about 5.6 million public servants to display their gift for the complication of lives.

With the announcement of the third Paris lockdown last month to try to control the spread of the coronavirus, an apotheosis of the absurd was reached.

. . .

How to get your head around hairdressers, vendors of electronic cigarettes, video game outlets and chocolatiers being deemed essential stores, and so allowed to open, but shoe shops, beauty salons, clothing boutiques and department stores being forced to close?

Familiarity with the labyrinthine thought processes of the French functionary was clearly needed. France, as one former prime minister, Georges Clemenceau, observed, “is an extremely fertile country: You plant functionaries and taxes grow.”

. . .

Despite the reforming ambition of successive presidents — Jacques Chirac spoke of the “obesity of the state” in 1986 — the number of functionaries has grown by over one million in the last 30 years and now represents 22 percent of the entire work force. They are resilient.

. . .

I recently rented an apartment and needed to furnish it.

. . .

This was how I learned more about essential vs. nonessential items under the lockdown. I could buy electric cheese-heating raclette makers in a dozen different models. I could buy toasters galore, pans in all shapes, any form of home stereo equipment — but not a desk lamp.

At Boulanger, an electronics store, smoothie makers and vacuum cleaners were available for sale, but not refrigerators, stoves or other large appliances that had been roped off.

How this comported with controlling the coronavirus — over 100,000 people in France have died from it, and more than five million have been infected — was not immediately clear.

The sheer intricacy of the bureaucratic obtuseness overwhelmed me. I could not help wondering whether some fraction of the many hours devoted to coming up with such regulations might have been better used speeding the vaccines to more people. France has up to now underwhelmed in getting its population vaccinated.

. . .

France, . . ., still has a commissioner general for planning, as if the Soviet Union had never disappeared. The country proceeds with methodical purpose based on the analysis and forecasts of highly trained public servants, formed in elite schools.

Still, an overwhelming question grips my entire being: Why these apparently arbitrary rules?

I asked a Castorama store assistant to explain why, for example, the lamps I coveted were off limits while I could buy a crepe maker.

“I don’t really know,” she said. “But, of course, you can always use a candle.”

For the full commentary, see:

Roger Cohen. “France Is Locked Down, but Its Bureaucracy Is Thriving.” The New York Times (Tuesday, April 27, 2021): A11.

(Note: ellipses added.)

(Note: the online version of the commentary has the date April 26, 2021, and has the title “The Entangling, Ever-Extending Labyrinth of French Lockdowns.”)

Deregulation of Hearing Aids Will Lower Cost and Increase Innovation

(p. B5) Hearing aids typically cost thousands of dollars, require multiple visits to specialists and often aren’t covered by health insurance. Untreated hearing loss is associated with cognitive decline, dementia and other harms. Overcoming barriers to hearing treatment may significantly improve Americans’ health.

The federal government is poised to help. Congress in 2017 passed legislation that would let anyone buy hearing aids approved by the Food and Drug Administration without a prescription from an audiologist. The F.D.A. has missed a deadline to release draft guidelines for this new category of over-the-counter hearing aids.

Experts told me that when the F.D.A. moves ahead, it’s likely to lead to new products and ideas to change hearing aids as we know them.

. . .

It is already possible to buy a hearing helper — they can’t legally be called hearing aids — without a prescription. These devices, called personal sound amplification products or PSAPs, vary wildly in quality from excellent to junk.

. . .

Nicholas Reed, director of audiology at the Johns Hopkins Cochlear Center for Hearing and Public Health, told me that the F.D.A. process should provide a path for the best PSAPs to be approved as official over-the-counter hearing aids. He expects new companies to hit the market, too.

You may doubt that a gadget you buy next to the toilet paper at CVS could be a serious medical device. Dr. Reed’s research, however, has found that some hearing helpers for $350 or less were almost as good as prescription hearing aids for people with mild-to-moderate hearing loss.

Dr. Reed described the best lower-cost devices as the Hyundai of hearing help. (This was a compliment.) They aren’t flashy, but they will get many people safely and effectively where they need to go. He also imagines that the F.D.A. rules will create the conditions for many more people to buy hearing aids — both over the counter and by prescription.

. . .

Health care in the United States can often feel as if it’s stuck, and technology is usually not the solution. But with hearing aids, technology and a change in government policy could bring helpful health innovation.

For the full commentary, see:

Shira Ovide. “ON TECH; Affordable and Accessible Hearing Aids.” The New York Times (Monday, April 19, 2021): B5.

(Note: ellipses added.)

(Note: the online version of the commentary has the date April 12, 2021, and has the title “ON TECH; Hearing Aids for the Masses.”)

Reed’s research mentioned above is documented in:

Reed, Nicholas S., Joshua Betz, Nicole Kendig, Margaret Korczak, and Frank R. Lin. “Personal Sound Amplification Products Vs a Conventional Hearing Aid for Speech Understanding in Noise.” JAMA 318, no. 1 (July 4, 2017): 89-90.

SpaceX Is the Wikipedia of Space: Launch Quickly and Upgrade Quickly

SpaceX has a Wikipedia approach to space. Launch quickly; correct and upgrade quickly. This is similar to Google’s approach to hard drives: buy cheap, unreliable ones, have a lot of backups, and be ready to replace a lot of hard drives. Also the ethernet’s approach to packets: be ready to lose them and re-send. I argue these examples illustrate redundancy, and that we can and should have a robustly redundant labor market.

(p. B1) The Starlink project, owned by Mr. Musk’s Space Exploration Technologies Corp. or SpaceX, is authorized to send some 12,000 satellites into orbit to beam superfast internet to every corner of the Earth. It has sought permission for another 30,000.

Now, rival companies such as Viasat Inc., OneWeb Global Ltd., Hughes Network Systems and Boeing Co. are challenging Starlink’s space race in front of regulators in the U.S. and Europe. Some complain that Mr. Musk’s satellites are blocking their own devices’ signals and have physically endangered their fleets.

. . .

The critics’ main argument is that Mr. Musk’s launch-first, upgrade-later principle, which made his Tesla Inc. TSLA +1.27% electric car company a pioneer, gives priority to speed over quality, filling Earth’s already crowded orbit with satellites that may need fixing after they launch.

“SpaceX has a gung-ho approach to space,” said Chris McLaughlin, government affairs chief for rival OneWeb. “Every one of our satellites is like a Ford Focus—it does the same thing, it gets tested, it works—while Starlink satellites are like Teslas: They launch them and then they have to upgrade and fix them, or even replace them alto-(p. B2)gether,” Mr. McLaughlin said.

For the full story, see:

Bojan Pancevski. “Rivals of SpaceX’s Satellites Cite Risk.” The Wall Street Journal (Tuesday, April 20, 2021): B1 & B2.

(Note: ellipsis added.)

(Note: the online version of the story has the date April 19, 2021, and has the title “Elon Musk’s Satellite Internet Project Is Too Risky, Rivals Say.”)

“As a Species, We’re Very Good At Adapting”

(p. A11) Barack Obama is one of many who have declared an “epistemological crisis,” in which our society is losing its handle on something called truth.

Thus an interesting experiment will be his and other Democrats’ response to a book by Steven Koonin, who was chief scientist of the Obama Energy Department. Mr. Koonin argues not against current climate science but that what the media and politicians and activists say about climate science has drifted so far out of touch with the actual science as to be absurdly, demonstrably false.

. . .

Mr. Koonin still has a lot of Brooklyn in him: a robust laugh, a gift for expression and for cutting to the heart of any matter. His thoughts seem to be governed by an all-embracing realism. Hence the book coming out next month, “Unsettled: What Climate Science Tells Us, What It Doesn’t, and Why It Matters.”

Any reader would benefit from its deft, lucid tour of climate science, the best I’ve seen. His rigorous parsing of the evidence will have you questioning the political class’s compulsion to manufacture certainty where certainty doesn’t exist. You will come to doubt the usefulness of centurylong forecasts claiming to know how 1% shifts in variables will affect a global climate that we don’t understand with anything resembling 1% precision.

. . .

Mr. Koonin is a practitioner and fan of computer modeling. “There are situations where models do a wonderful job. Nuclear weapons, when we model them because we don’t test them anymore. And when Boeing builds an airplane, they will model the heck out of it before they bend any metal.”

“But these are much more controlled, engineered situations,” he adds, “whereas the climate is a natural phenomenon. It’s going to do whatever it’s going to do. And it’s hard to observe. You need long, precise observations to understand its natural variability and how it responds to external influences.”

Yet these models supply most of our insight into how the weather might change when emissions raise the atmosphere’s CO2 component from 0.028% in preindustrial times to 0.056% later in this century. “I’ve been building models and watching others build models for 45 years,” he says. Climate models “are not to the standard you would trust your life to or even your trillions of dollars to.”

. . .

Let technology and markets work at their own pace. The climate might continue to change, at a pace that’s hard to perceive, but societies will adapt. “As a species, we’re very good at adapting.”

. . .

. . . , the mainstream climate community will try to ignore his book, even as his publicists work the TV bookers in hopes of making a splash. Then Mr. Koonin knows will come the avalanche of name-calling that befalls anybody trying to inject some practical nuance into political discussions of climate.

He adds with a laugh: “My married daughter is happy that she’s got a different last name.”

For the full interview, see:

Holman W. Jenkins, Jr., interviewer. “How a Physicist Became a Climate Truth Teller.” The Wall Street Journal (Saturday, April 17, 2021): A11.

(Note: ellipses added.)

(Note: the online version of the interview has the date April 16, 2021, and has the title “Mr. Humble and Dr. Butcher’ Review: A Heart in the Right Place.”)

Koonin’s climate book, discussed in the interview quoted above, is:

Koonin, Steven E. Unsettled: What Climate Science Tells Us, What It Doesn’t, and Why It Matters. Dallas, TX: BenBella Books, 2021.

SEC Vaguely Threatens SPAC Investment Innovation

Part of the appeal of SPACs in comparison to IPOs, is that SPACs are less regulated and can act more entrepreneurially. Those who invest in SPACs tend to be very wealthy. Shouldn’t they be allowed to use their own judgement about whether the benefits of SPACs are worth the costs?

Recall that the SEC also tried to slow down the initial development of venture capital by Georges Doriot.

(p. B1) WASHINGTON—A top securities regulator warned about the surge in fundraising by blank-check companies known as special-purpose acquisition companies.

Speaking at a legal conference Wednesday [April 7, 2021], Securities and Exchange Commission official John Coates said there are “some significant and yet undiscovered issues” with SPACs, which allow private companies to go public with a structure that offers outsize potential rewards to backers while bypassing some safeguards of a traditional initial public offering.

For the full story, see:

Dave Michaels. “SEC Warns On Spread of SPAC Financing.” The Wall Street Journal (Thursday, April 8, 2021): B1 & B11.

(Note: bracketed date added.)

(Note: the online version of the story was updated April 7, 2021, and has the title “SEC Official Warns on Growth of Blank-Check Firms.”)

Salt Lake City’s ‘Robustly Redundant Labor Market’

(p. B1) As the pandemic raged through the U.S. in 2020, no metropolitan area in the country expanded the size of its labor force more on a percentage basis than Utah’s capital. It also had the lowest average unemployment rate and the highest share of people working or looking for jobs. These signs of strength helped it rank first among 53 large metro areas in an annual examination of U.S. labor markets conducted by The Wall Street Journal, after ranking No. 4 in 2019.

Other cities that emerged as beacons to job seekers and businesses during the pandemic were, like Salt Lake City, located far from the coasts. Hubs in the Southwest and Midwest such as Austin, Denver, Indianapolis and Kansas City minimized employment losses, kept unemployment relatively low and retained and attracted workers in a year when the U.S. lost more than 9 million jobs.

Some benefited from technology jobs that became even more critical during a time of isolation for many Americans, while others relied on older corners of the economy that were also in high demand. Workers gravitated to these places due to the job opportunities, lower costs and a quieter lifestyle that appealed to some migrants from bigger population centers who were now allowed to work remotely.

The losers were tourist hot spots such as Las Vegas or densely-populated cities such as New York, Los Angeles and Chicago that lost workers as the coronavirus spread. Even once-hot tech hubs of San Francisco, Raleigh, N.C., and Boston suffered de-(p. B8)clines. Some of these laggards were more aggressive with their business lockdowns, allowing rival metros with fewer restrictions and lower costs to capitalize on the chaos.

. . .

Salt Lake City wasn’t immune from the spread of Covid-19, but it was able to avoid multiple shutdowns that crippled other cities. It did so partly because of a shared local effort to keep businesses open. The local chamber of commerce and state health department partnered on a campaign where participating local companies committed to having their employees maintain distance from others, wear masks and stay home when they are sick.

. . .

“It appears to be exceptionally friendly to business here,” Mr. Mulligan said. His company, Pubtelly LLC, sells software to sports bars and similar establishments to manage content playing on their TVs. The Salt Lake area has a healthy (p. B9) mix of growing startups and well-established companies, he said, plus a strong local university network that serves as a pipeline for younger talent.

If his current venture doesn’t pan out, Mr. Mulligan said he would be happy to stay in the Salt Lake area, either working for a local company or launching another business. “I don’t see a challenge with either going to work for someone else, or forming a company with others,” he said.

For the full story, see:

Danny Dougherty, Hannah Lang, and Kim Mackrael. “The New American Boomtowns.” The Wall Street Journal (Saturday, April 10, 2021): B1 & B8-B9.

(Note: ellipses added.)

(Note: the online version of the story has the date April 9, 2021, and has the title “Where Can You Find a New Job? Try These U.S. Cities.”)

Why “Efficacy” Is Greater Than “Effectiveness”

Some literature in medicine distinguishes between the “efficacy” of a medicine and the “effectiveness” of a medicine. The efficacy is measured by the medicine’s success in a randomized clinical trial; the “effectiveness” is measured by the medicine’s success in actual clinical practice. Since medicines are usually administered under better conditions, and often to cherry-picked patients, in randomized clinical trails, the “efficacy” of a medicine is almost always higher than the “effectiveness” of the same medicine.

In recent months a study has shown that airline air ventilation technology has very high efficacy in preventing the spread of Covid-19. Yet other studies have shown that in actual practice the “effectiveness” of airline technology has allowed cases of substantial transmission of Covid-19. The article quoted below, plausibly explains that ventilation systems are often turned off, or operate at low levels, when planes are on the ground. Puzzle solved.

(p. A9) The Federal Aviation Administration has few ventilation requirements in cabins, generally deferring to requirements from manufacturers. This has been an issue in the past, when cabins were left without ventilation for long periods with passengers on board. The FAA has issued guidance to airlines recommending passengers be taken off planes if cabin ventilation is shut down for more than 30 minutes, an FAA spokeswoman says.

Leonard Marcus, the director of Harvard’s Aviation Public Health Initiative, says that researchers have found that it’s important to have ventilation running full force on the ground.

“The risk of transmission is increased when people are walking up and down the aisle, when they are putting their luggage in the overhead, when they are breathing on top of one another,” Dr. Marcus says. “So to compensate for that, you have to keep the airflow moving, which is true for all communicable diseases of this nature.”

American says its procedures call for the use of ground air while at the gate and during boarding. Spokeswoman Sarah Jantz says captains have discretion to turn on the APU “if the flow of preconditioned air is not sufficient” or not cooling the aircraft enough. American didn’t change procedures during the pandemic, but did provide additional education to crews “to ensure optimal ventilation,” she says.

. . .

Airline claims about the safety of travel are predicated on functioning ventilation systems. An October [2020] study from Harvard University’s School of Public Health, funded by the airline industry, used mathematical models and found a low risk of coronavirus transmission on airplanes because of a layered approach, including aircraft ventilation and masks.

The study, directed by Dr. Marcus, did recommend extending “in-flight level of ventilation while on the ground.” It didn’t estimate the risk of being in an airplane with even brief periods of little or no ventilation.

For the full commentary, see:

Scott McCartney. “THE MIDDLE SEAT; The Importance of Airflow Before Takeoff.” The Wall Street Journal (Thursday, April 8, 2021): A9.

(Note: ellipsis, and bracketed year, added.)

(Note: the online version of the commentary has the date April 7, 2021, and has the title “THE MIDDLE SEAT; The Key to Safe Airflow for Planes Before Takeoff.”)

Cuomo-Endorsed Closure of Indian Point Nuclear Reactors Increases New York’s Use of Fossil Fuels

(p. B6) For most of his long political career, Gov. Andrew M. Cuomo railed against the dangers of having a nuclear power plant operating just 25 miles away from New York City, saying its proximity to such a densely populated metropolis defied “basic sanity.’’

But now, the plant is preparing to shut down, and New York is grappling with the adverse effect the closing will have on another of Mr. Cuomo’s ambitious goals: sharply reducing the state’s reliance on fossil fuels.

So far, most of the electricity produced by the nuclear plant, known as Indian Point, has been replaced by power generated by plants that burn natural gas and emit more pollution. And that trade-off will become more pronounced once Indian Point’s last reactor shuts down on April 30 [2021].

“It’s topsy-turvy,” said Isuru Seneviratne, a clean-energy investor who is a member of the steering committee of Nuclear New York, which has lobbied to keep Indian Point running. The pronuclear group calculated that each of Indian Point’s reactors had been producing more power than all of the wind turbines and solar panels in the state combined.

For the full story, see:

Patrick McGeehan. “Nuclear Plant’s Shutdown Means More Fossil Fuel in New York.” The New York Times (Tuesday, April 13, 2021): A15.

(Note: bracketed year added.)

(Note: the online version of the story was updated April 13, 2021, and has the title “Indian Point Is Shutting Down. That Means More Fossil Fuel.”)

Zoning Regulations Restrict Building Affordable Homes

(p. A25) Although zoning may seem like a technical, bureaucratic and decidedly local question, in reality the issue relates directly to three grand themes that Joe Biden ran on in the 2020 campaign: racial justice, respect for working-class people and national unity. Perhaps no single step would do more to advance those goals than tearing down the government-sponsored walls that keep Americans of different races and classes from living in the same communities, sharing the same public schools and getting a chance to know one another across racial, economic and political lines.

Economically discriminatory zoning policies — which say that you are not welcome in a community unless you can afford a single-family home, sometimes on a large plot of land — are not part of a distant, disgraceful past. In most American cities, zoning laws prohibit the construction of relatively affordable homes — duplexes, triplexes, quads and larger multifamily units — on three-quarters of residential land.

For the full commentary, see:

Richard D. Kahlenberg. “Zoning Is a Social Justice Matter.” The New York Times (Tuesday, April 20, 2021): A25.

(Note: the online version of the commentary has the date April 19, 2021, and has the title “The ‘New Redlining’ Is Deciding Who Lives in Your Neighborhood.”)

Clean-Energy Requires More Transmission Lines Which Requires More Use of Eminent Domain to Seize Private Property

(p. B12) President Biden’s infrastructure plan proposes some tried-and-trusted methods to spur clean-energy development such as a 10-year extension of existing tax credits for solar and wind energy. More interestingly, it introduces an investment tax credit for high-voltage transmission lines.

. . .

The administration is certainly looking in the right direction: To reach President Biden’s net-zero emissions goal by 2050, the U.S. will need to expand electricity transmission systems by 60% by 2030 and may need to triple it by 2050, according to research published by Princeton University in December [2020]. That is because renewable energy-rich places such as the windiest regions aren’t necessarily close to population centers, where electricity demand is.

While the clean-energy industry probably won’t complain about a new subsidy, the tax-credit proposal is a bit of a head scratcher given that the real roadblocks to transmission lines have to do with permitting, much of which is in the hands of state and local authorities.

A shift toward e-commerce should push up productivity by eliminating workers needed in bricks-and-mortar stores, Mr. Gordon said. Videoconferencing should also help, though the public-transit sector could offset some of the gains because buses and rail transit will carry fewer riders, he said.

“For most transmission we need in the country, it’s not a cost issue or an access-to-capital issue, although transmission can be delayed because of cost allocation debates,” said George Bilicic, global head of power, energy and infrastructure at Lazard.

. . .

The proposed plan also calls for a so-called Grid Deployment Authority within the Energy Department to “better leverage existing rights of way” along roads and railways. That would be a good first step, though eminent domain—the power of the government to take private property and convert it for public use—remains largely within state regulators’ hands. While the Federal Energy Regulatory Commission has authority to grant natural-gas pipelines the right of eminent domain under the Natural Gas Act, there is no equivalent authority for electricity transmission under the Federal Power Act and little momentum in Congress to grant that provision.

For the full commentary, see:

Jinjoo Lee. “Productivity Looks Ready to Pick Up.” The Wall Street Journal Tuesday, April 6, 2021): B12.

(Note: ellipses, and bracketed year, added.)

(Note: the online version of the commentary has the date April 4, 2021, and has the title “Biden’s Grid Proposal May Be a Square Peg in a Round Hole.”)

The Princeton research mentioned above is:

Larson, Eric, Chris Greig, Jesse Jenkins, Erin Mayfield, Andrew Pascale, Chuan Zhang, Joshua Drossman, Robert Williams, Steve Pacala, Robert Socolowi, Ejeong Baik, Rich Birdsey, Rick Duke, Ryan Jones, Ben Haley, Emily Leslie, Keith Paustian, and Amy Swan. “Net-Zero America: Potential Pathways, Infrastructure, and Impacts, Interim Report.” Princeton, NJ: Princeton University, Dec. 15, 2020.