Arizona Self-Certification

[conarb]

I read this on the appraisers' forum this morning:

In another story, some two dozen corporate honchos are looking at Arizona, Texas to relocate corporate operations. Example: Arizona is offering one-day permitting for construction etc, while it's years and extreme charges to get a permit in CA. And for every documented example like this, there will be numerous quiet examinations and decisions to move. Currently outflow of population exceed influx/birth growth in CA, with the big mover the middle class employee or business owner. CA is moving to a hollow economy, where you have a group of very high dollar populace disconnected from the realities of life and a low-end populace, with a big part of the middle class being government and government-supported (union) types. This type of economy is not sustainable.

There was no cite so I Googled "Arizona is offering one-day permitting for construction etc" and came up with with this hollow site , I see they show membership in the AIA and the ICC and Pima County has shown interest, does anyone know anything about this? I can verify the statement "while it's years and extreme charges to get a permit in CA", I actually had a Mexican contractor come to me saying that his architect had been 7 years trying to permit two houses and asked if it was racial prejudice that was causing the delay? I told him no that if anything they would treat him better because of fear of a discrimination lawsuit, that 7 years is the average here for a permit, I've seen as high as 20.

 

[Wayne]

7 years???? Most permits in Las Vegas are pulled within three weeks unless there are zoning issues. Depending on complexity that can take a month or two.

 

[conarb]

7 years???? Most permits in Las Vegas are pulled within three weeks unless there are zoning issues. Depending on complexity that can take a month or two.

Wayne:

Regulations are stifling in the Bay Area, President Trump signed an Executive Order today trying to eliminate regulations:

“Excessive regulations are killing jobs, driving companies out of our country like never before,’’ Trump said as he signed the executive order. “Today this executive order directs each agency to establish a regulatory reform task force. It will ensure that every agency has a team of dedicated people to research all regulations that are unnecessary, burdensome and harmful to the economy, and harmful to the creation of jobs and business.”

The Department of Transportation and thus the Federal Motor Carrier Safety Administration fall under the order, which calls for each task force to make recommendations to repeal or simplify existing regulations. It’s unclear how this might impact FMCSA since many of their rules are Congressionally mandated and eliminating a mandated regulation would likely take Congressional action, a source told The Trucker.

The regulatory system represents “an impossible situation and we’re going to solve it very quickly,” Trump said. “They (the task forces) will have to every once in a while report to us so we can report on the progress, and so we can come up with some even better solutions.”

Friday’s order comes on the heels of two other executive orders related to regulations, one in effect freezing the regulatory process with some exceptions, the other ordering federal agencies to identify two regulations that could be eliminated for every one new regulation they write.

“This executive order is one of many ways we’re going to get real results when it comes to removing job-killing regulations and increasing economic opportunity,” Trump said. “We’re working very hard to roll back the regulatory burden so that coal miners, factory workers, small business owners and so many others can grow their businesses and thrive. We cannot allow government to be an obstacle to government opportunity. We’re going to bring back jobs and create more opportunities [than] ever before in our country.” ¹

This is Federal, he's got to know that the worst regulations are local, I guess the game plan will be to force the states and municipalities to reduce their regulations by cutting off federal monies if they refuse, so while he can force the Access Board to eliminate 75% of it's ADA regulations he can order the states to do so as well or he'll cut off all Federal money. I would hope that he can get to the ICC and make them reduce regulations by 75%, but I don't know if and how the government funds them. they have to because they forced the codes to consolidate the legacy codes into the ICC so they must hold financial strings.



¹ http://www.thetrucker.com/News/Stor...tionofagencytaskforcestoeliminateunneededregs

 

[Keystone]

It will be interesting to see what regulations actually make the chopping block. I do foresee ADA being one of the likely items to be reduced but not eliminated, Trump has seen several lawsuits so it's absolutely a pet peeve.

The nationwide lack of inspectors likely to retire over the next few years may not become as daunting of an issue as predicted by ICC, states and local building chapters. We'll all have to wait and see.

 

[conarb]

I'd like to know what control government agencies have over the ICC, and which government agencies control it, like how much money do they get? Jim Brown may know some of these things if he's free to talk. I remember when they first moved to Washington DC they paid triple rent to get space in a new Green building, is it the DOE? Nobody pays triple to say: "Look at me, see how green I am."

Of course he can just order the states to cut regulations or lose federal funding.

 

[rogerpa]

Dick, The Corporation (ICC) is organized exclusively as an organization described in Section 501(c)(6) of the Internal Revenue Code of 1986. However, each member of the Board of Directors shall be a (local) Governmental Member Representative (of an AHJ).

In general, only (local) Governmental Member Representatives may vote to amend the codes. The number of votes allotted to each AHJ (4, 8, or 12) is based on the population represented by the AHJ. Dues are $135, $240, and $370 respectively). Non-Voting memberships are available for individuals and corporations. Code book sales fund the corporation.

Any interested party may submit and lobby for a code change (including your mother).
FEMA, DOE and other Federal Governmental agencies have submitted and lobbied for code changes. Their standards are often cited as code requirements (think HVAC efficiency standards and high efficacy lamps).

Get rid of FEMA, DOE, and EPA standards by de-funding them and their travel to ICC hearings to lobby for their changes and standards. ARRA 2009.

 

[conarb]

Thanks Roger, the reasons for incorporating as a 501(c) (6) are twofold, one to make money without paying taxes on the profits, and two to take tax deductible donations as a business expense. Do you have access to a financial statement and a list of contributors (I see they don't have to publish the list but may)?

501(c)(6) nonprofit associations help small businesses advance their industry or geographic area. These organizations differ from 501(c)(3) charities, which must advance a charitable purpose such as religion, education or public assistance. To qualify for tax exemption under Internal Revenue Code Section 501(c)(6), all of a nonprofit's earnings must be reinvested into the organization and may not benefit any individual member or shareholder.
Membership

A 501(c)(6) organization must consist of members sharing a common business interest. The members may be individuals or companies, even if these companies operate on a for-profit basis. Student members are permitted if they will be entering the industry after graduation.
Types

Valid types of 501(c)(6) organizations include business leagues or chambers of commerce. If the organization is a chamber of commerce, it may focus on a geographic area instead of a specific industry or business concern. Trade boards and real estate boards also qualify for 501(c)(6) tax treatment. Professional football leagues may be considered 501(c)(6) organizations if they do not generate a profit for their members.
Tax Treatment

A company may not deduct donations to a 501(c)(6) organization as a charitable contribution. However, the company may write off the donations as a business-related expense if the donating company operates in the industry or region being served by the organization. The 501(c)(6) association's income from its industry-promoting activities is exempt from federal taxation. It must still file Form 990 annually to report its financial activity to the Internal Revenue Service.
Activities

501(c)(6) organizations may perform activities dedicated to improving the conditions of their industry, including lobbying and promotion. All advertising must be designed to promote the industry as a whole, not to attract customers to a particular member business. If lobbying is the organization's primary purpose, it must notify its members of the percentage of dues being allocated to lobbying expenses.
Profits

Unlike 501(c)(3) charities, which can operate ancillary activities such as festivals or bake sales for profit, a 501(c)(6) organization may not oversee any profit-generating enterprises. The organization is also prohibited from offering the same type of services or products sold by its membership. For example, an association of optometrists may only work to improve the industry as a whole. If the organization examines patients or sells eyeglasses, it may lose its 501(c)(6) tax exemption.¹

So the way I read it FEMA, DOE, and EPA could lobby for a code change in exchange for a donation of a million dollars? No business is more profitable than a non-profit corporation since you never have to pay taxes on the "profits", they can build indefinitely within the corporation while paying executives' salaries and expenses.

Much like 501(c)(4) organizations, 501(c)(6) organizations may also perform some political activities. 501(c)(6) organizations are allowed to attempt to influence legislation that is related to the common business interests of its members.

501(c)(6) organizations can receive unlimited contributions from corporations, individuals, and labor unions. The names and addresses of contributors are not required to be made available for public inspection. All other information, including the amount of contributions, the description of noncash contributions, and any other information, is required to be made available for public inspection unless it clearly identifies the contributor. The U.S. Chamber of Commerce is a large political spender, and Freedom Partners used its status as a 501(c)(6) organization to raise and distribute over $250 million during the 2012 election campaigns without disclosing its donors. The group's existence was not publicly known until nearly a year after the election.

A business' membership dues paid to a 501(c)(6) organization are generally an ordinary and necessary business expense.[86] The membership dues are tax-deductible in full unless a substantial part of the 501(c)(6) organization's activities consists of political activity, in which case a tax deduction is allowed only for the portion of membership dues that are for other activities.²

¹ http://smallbusiness.chron.com/501-c-6-organization-60734.html

² https://en.wikipedia.org/wiki/501(c)_organization

 

[Mark K]

ICC has many problems but I have yet to see code changes as a result of payment to ICC. The special interests probably see the current system as cheaper and as effective.

The major players have full time representatives, think lobbyists, who monitor the standards development organizations and the ICC adoption process. They work to get the right people on standards bodies and on the ICC committees. They are then very active during the ICC hearings.

 

[conarb]

Mark:

If we are to reduce regulations by 75% I think it better to start with the ICC because at least California requires that the latest codes be adopted, I don't know if we are alone in that,

 

[Phil]

Conarb,
It is naïve to think California will loosen accessibility or energy standards just because the federal government or the ICC does. California has a substantial history of heavily amending the model codes.

In areas where it takes 7 years for a permit, how much of that is architectural review board and other local requirements, and how much is for Title 24 (California building codes) compliance. If it takes 7 years to get through plan check for CBC compliance, I think you need better architects and engineers.

 

[conarb]

Conarb,
It is naïve to think California will loosen accessibility or energy standards just because the federal government or the ICC does. California has a substantial history of heavily amending the model codes.

I know that Phil, California is continuing to go off the boards on these issues, even new bills being presented to force zero energy homes, if Trump is going to make good on his promises the only way he is going to do it is hold up all federal monies, the state is in serious economic trouble now with unfunded employee benefits, Trump could plunge California into Chapter 9 bankruptcy easily, it's a big disappointment to me that Trump agreed to give California money for the dam failure.

In areas where it takes 7 years for a permit, how much of that is architectural review board and other local requirements, and how much is for Title 24 (California building codes) compliance. If it takes 7 years to get through plan check for CBC compliance, I think you need better architects and engineers.

As you say lots of it is years of meetings trying to get approvals, even neighborhood meetings in advance trying to get citizen support, but lots is also due to plan checkers making it as difficult as possible, many here just don't like expensive homes for "the rich" and do everything they can to block them, affordable housing projects go through much faster as well as tax producing commercial as city's try to feather their nests with more tax monies, we live under the hammer of "One Bay Area" that dictates affordable housing near transit stations to get rid of the private automobile and wants people housed in "stack and pack" developments so people ride the train to work and walk to shopping, here is an example, 7 years ago Bart had a large complex built at their Pleasant Hill BART station, the commercial under the apartments is still vacant, after a few years they gave a Starbucks free rent for 5 years to try to kickstart the commercial but it hasn't worked

In the last 7 years all business tried there have failed, a new one called ENRoute is trying, Starbucks is given free rent, ballet schools, insurance brokerages, and makeup salons pay no sales taxes. The apartments are rented as far as I know because of a severe housing shortage, a shortage created by environmentalists' strangulation. Most of these housing developments require Environmental Impact Reports, as soon as one is filed the Carpenters file an EIR lawsuit challenging it, they settle out with a requirement that all labor be union labor.

 

[steveray]

"as soon as one is filed the Carpenters file an EIR lawsuit challenging it,"

That doesn't sound like excessive regulation, it sounds like excessive greed...

 

[tmurray]

"as soon as one is filed the Carpenters file an EIR lawsuit challenging it,"

That doesn't sound like excessive regulation, it sounds like excessive greed...

There will always be those in society that use poorly written laws to enrich themselves. We should be making sure that the laws do what they are intended to do, not used as a vehicle for an out of court settlement to ensure employment for a professional society's members.

 

[steveray]

Yep....as soon as there is a system, you will find someone figuring out how to manipulate it for gain...

 

[conarb]

Yep....as soon as there is a system, you will find someone figuring out how to manipulate it for gain...

That's why we need to drastically reduce regulation, like ADA and Environmental Impact Reports.

 

[steveray]

That's why we need to drastically reduce regulation, like ADA and Environmental Impact Reports.

As much as I do agree that things need to be simpler, I also agree that property owners need to pay attention to their properties...If you haven't paid attention in the last 30 years or weren't smart enough to get informed when you bought a property, shame on you. You don't get to profit from it for 30 years and then cry poor. I am not sure how extensive the EIR need to be, but I don't want to be breathing air like I see in China either. There does need to be some concern or someone paying attention...

 

[conarb]

Steve, don't get caught up in the fraud, there is a huge difference between particulate emissions and CO2 emissions, regulating wood burning to reduce particulate emissions is good, trying to regulate CO2 is just a scam to get carbon taxes. Things like codes and clean air start out as good and reasonable policies, then the politicians see an opportunity and they spiral out of control into social engineering and redistribution of wealth, then a populist like Trump steps in and the baby gets thrown out with the bathwater, all the while the apparatchiks stand idly by arguing about an inch in the height of a sign.

 

[tmurray]

Common sense, simple regulations should be the objective of all governments. Add in a way for someone to show they meet the intent of the law without meeting the word of the law...well you've got yourself a good law there. Main problem is the lawyers. They like to complicate things up a bunch and twist things the way they weren't meant to be interpreted. Henry VI, Part 2, Act IV, Scene 2. "The first thing we do, let's kill all the lawyers"....present company excluded of course....

 

[conarb]

Common sense, simple regulations should be the objective of all governments. Add in a way for someone to show they meet the intent of the law without meeting the word of the law...well you've got yourself a good law there. Main problem is the lawyers. They like to complicate things up a bunch and twist things the way they weren't meant to be interpreted. Henry VI, Part 2, Act IV, Scene 2. "The first thing we do, let's kill all the lawyers"....present company excluded of course....

Careful there Murray, here I've been recommending that we buy your codes from you and get rid of our disastrous I Codes.