Rules and regulations, mandates, outright bans, plus financial incentives and disincentives. These are the primary tools used by lawmakers and administrators to accomplish public policy goals needed to preserve and protect “the commons” — our health, natural environment, social justice, and balanced economic interests.
It amazes me when I hear politicians say, “There’s nothing I can do about that issue/problem (fill in the blank).” Any who say this are either ignorant of their basic authority, politically risk adverse, don’t really want to confront that issue, or just plain lazy.
Yes, a majority of any legislative body is needed to pass new laws but many tools are available. While the administration cannot pass laws or change the tax structure on their own, they do have the power of “decree” and can change/amend many rules without legislative approval.
If a certain activity is seen as harmful either directly to the public health, such as the quality of our drinking water, or perhaps harmful indirectly to the social fabric of a community, such as a shortage of affordable housing, policy-makers will or should use these tools to reduce of eliminate the harm.
The first line of attack is usually basic regulation. Reporting requirements for pesticide use is required so the public is informed as to the potential exposure and health risk. Vacation rentals can be regulated by allowing them only in “visitor destination areas” or perhaps only X number of permits may be issued.
Regulations govern the basic standards of building construction, water quality, safety inspections, reporting of pesticide use, food safety standards and worker protection regulations. Like it or not, government rules and regulations touch just about every aspect of our lives.
If the harm caused by particular activity is extensive, a “ban” or “mandate” is often implemented. Examples: A specific pesticide may be banned from use. The short-term rental of residentially zoned properties may be prohibited. Jetskis or other high impact commercial activities may not be used in certain areas. The law says you must wear a seat belt, that you cannot drink and drive, cannot block public easements to the beach.
Bans are often implemented on a “moving forward” basis and sometimes but not always those already engaged in the targeted activity are “grandfathered in” and allowed to continue for limited time periods, so as to minimize the negative financial impacts that might result from immediate enforcement.
Tax policy is an effective tool in situations where a ban or mandate is not possible and/or basic regulations are not sufficiently doing the job of limiting public harm.
Government levies various taxes on different things at different levels. Liquor and cigarettes are taxed differently than milk and eggs. Owner-occupied homes, investment properties, businesses and agricultural lands are all taxed differently as well.
The state and county may not be able to ban “foreigners or nonresidents” from buying up our local housing inventory, thus driving up prices and driving out local residents. But they can, as a disincentive, raise taxes on those properties to a level that makes buyers go elsewhere and generates additional tax income to support new affordable housing.
Conversely, government can, should, and in many cases does, provide tax incentives that encourage homeowners to rent their properties at affordable rates.
Bans, mandates, regulation, tax incentives and disincentives are all important tools. Individually and collectively these tools can be used to stop or significantly reduce just about any harmful activity impacting our community. So don’t let politicians who prefer to play it safe, tell you otherwise. Remind them please that there are many ways to bake a cake (we will leave cats and their skins out of the conversation please).
Tell them also, enough already, use your brain, do your homework, figure it out — just do it. Of course, say this nicely (nicer than I’m saying it here) and offer to help them figure it out and generate the community support needed to pass something worthy into law.
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Gary Hooser served eight years in the state Senate, where he was majority leader. He also served for eight years on the Kaua‘i County Counci. He presently writes on Hawaii Policy and Politics at www.garyhooser.blog.
