Sunday, October 14, 2018

Propositions! November 2018


Proposition 1 – Yes, with minor reservations. This one would authorize issuance of $4 billion in general obligation bonds to pay for low-income and veteran’s housing programs.  General obligation bonds are paid back through taxes, and I have concerns about California’s overall debt levels, so that gives me some concern about adding to California’s debt. 

That said, housing affordability is a serious problem in California, and I think it is a societal problem (see my discussion of Proposition 10 below), so I think it is appropriate for California as a state to do something about it.  In addition, this proposition looks to be relatively well crafted to accomplish its goals, so on balance I think it is worth a yes vote.


Proposition 2 – Yes, I think. This one is weird and pretty technical.  As best I can figure out, this proposition would allow the state to use county mental health funds to pay off bonds used to pay for housing for mentally ill people who are homeless or at risk of being homeless. (And there is a pending court case and a previously-passed law involved.)

I think the bottom line is whether you want the money at issue to be used by counties for mental health treatment and services, or if it should be used by the state to pay for housing for the mentally ill. I don’t have a strong opinion on this one, but am somewhat leaning toward yes.  


Proposition 3 – No. This is another bond proposition, which would authorize $8.9 billion in general obligation bonds to pay for water and water-related projects.  So again, this triggers concern about debt (this one would cost about $430 million per year for about 40 years to pay off). 

While some of the water projects that this would fund seem worthwhile, others are pretty questionable. The worst one to me is funding of repairs to the Madera and Friant-Kern Canals.  These are federally-owned canals, primarily serving large agriculture, and a lot of why they need repair is earth subsidence due to over-pumping groundwater by the same agribusinesses that use the canals. Since these are federal canals, it seems like the federal government (and taxpayers) should pay for their upkeep, not just state taxpayers. And maybe their users (and the people who helped create the need for repairs) should pay for their upkeep.  So while this proposition is not all bad, I think what they did was load a bunch of pretty good stuff on top of their self-interested pork so overall it doesn’t look too bad (and makes their pork look small).  But I think the price tag is too high, so I recommend voting no.


Proposition 4 – No. Proposition 4 would authorize issuance of $1.5 billion in general obligation bonds to pay for “construction, expansion, remodeling, renovation, furnishing, equipping, financing, or refinancing” of certain hospitals that treat children.  Again, issuing more general obligation bonds adds to California’s debt, and would need to be paid for through taxes.

Under this proposition, 72% of the money raised would go to private non-profit hospitals, 18% would go to five UC hospitals, and 10% would go to a variety of private and public hospitals. I have a serious problem with public bonds and tax funds being used to support private hospitals. This is a straight subsidy, designed to play on our sympathies for sick children (and it throws some money at public hospitals to make it a bit more palatable).  And the money – that you would be paying back via taxes - could be used for things like remodeling the lobby or refinancing a previous loan. If we want to spend tax money on hospitals, they should be public hospitals, not private ones. Vote no.


Proposition 5 – No, but not a strong no. This is another tweak to the weirdness that is Proposition 13, which commonly results in properties’ taxable value being significantly less than their market value. (For example, your house might be worth $900,000, but it could be taxed on a value of $60,000.) Under existing law, if you sell your house and buy a new house also worth $900,000, your property taxes will now be based on a value of $900,000.  This creates a serious disincentive to move, even if moving makes sense. 

Existing law has an exception to this – if you are over 55 or disabled and move to a house in the same county (or certain other counties, but not all counties) that has a market value that is less than your current home’s value, you can take your reduced Prop. 13 tax value with you, but you can only do this once.  The idea behind this is that older people may want to downsize, but would avoid doing so because of the tax hit.

Proposition 5 loosens the requirements for taking your tax value with you.  First, the good things: 1) It allows you to move anywhere in the state, rather than only certain counties. The fact that you could only take your tax value to some counties but not others always struck me as arbitrary and unfair, so I think this makes sense (and makes things simpler). 2) You can use it more than once. You may want or need to move again, to be closer to children or medical care, or to a more accessible home. There is no reason to create a disincentive to that – it does not reduce tax revenue.

But there are some not-so-good things: 1) If you move to a less expensive home, your tax value actually goes down. So if you move from the $900,000 house to a $450,000 house, the taxable value would go from $60,000 down to $30,000. (It is reduced by a proportionate percentage.) C’mon already – getting to pay taxes on $60,000 for a house worth $450,000 is already a major subsidy. We already have problems resulting from getting too little revenue from property taxes, and this would make those worse for no good reason. 2) You can move to more expensive home and still get most of the tax break. Example: You sell the $900,000 home and buy a $1 million home. Your tax value would go from $60,000 to $160,000. (The increase in market value is added to the tax value.)  This is not such a subsidy or a big deal, but it seems inconsistent with the idea of downsizing.  In addition, when combined with the ability to use the exemption more than once, it would appear to most benefit relatively wealthy homeowners.

Overall, I would be inclined to vote no, mostly because it would reduce tax revenue while exacerbating the weird subsidies caused by Proposition 13.


Proposition 6 – NO, NO, NO! This proposition would repeal recently enacted fuel and vehicle taxes that are paying for road and highway repair and mass transit, and would require any future fuel and vehicle taxes be approved by the voters, not just the legislature.

In case you had not noticed, California could benefit from road and highway repair and better mass transit.  Infrastructure is worth spending money on, and it is appropriate to be paid for via taxes.  Since it is for road and highway and transit purposes, it is also reasonable for it to be paid for by vehicle users.  This proposition is just another greedy, selfish, short-sighted move by the anti-tax people. Vote NO.


Proposition 7 – Yes. This one makes it possible for California to go to year-round daylight savings time or standard time (but does not actually make it happen – that would require a 2/3 vote of the legislature and maybe some other stuff). I think changing the time back and forth is annoying, and doesn’t really make sense.  Most discussions (both pro and con) seem to think it would be a step toward year-round daylight savings time rather than year-round standard time, but I’m not clear exactly why, and I don’t have enough interest to dig that deeply.  But I like daylight savings time, as it stays light later. So even though this doesn’t do much, I think yes. 


Proposition 8 – No position. This proposition would regulate the costs charged for dialysis. I know firsthand that for this type of regulation, the devil is in the details, and I haven’t dug that deeply into it. Sorry.


Proposition 9 – Removed from ballot.


Proposition 10 – No (but it is complicated, and if you believe all landlords are evil you should vote yes). This proposition would repeal a state law (known as Costa-Hawkins) that placed limits on local rent control ordinances.  If you live in a city without rent control (and unlikely to enact rent control), this proposition will have no effect on you, whether you are a tenant or a landlord. (Full disclosure: we live in Berkeley, and are landlords, so we would be directly impacted by this proposition.)

First, as a general matter, housing affordability is a major problem in many parts of California.  As I mentioned in my discussion of Proposition 1, it is a societal problem.  Rent control is a band-aid on that problem that does not really address it, and essentially tries to privatize a non-solution by regulating the behavior of landlords, rather than taking on the actual causes of unaffordable housing.  That said, moderate rent control can mitigate the worst abuses of greedy and unethical landlords, and protects some (but typically not all) tenants from excessive rent increases. (If coupled with eviction protections, as most rent control regimes are, it can also protect tenants against unfair or arbitrary evictions.)  In some situations, however, more aggressive rent control can actually make the overall housing problem worse.

The existing Costa-Hawkins law allows for local rent control that caps the rent increases for an existing tenant, but it also requires “vacancy decontrol,” which means when a tenant moves out, the landlord can raise the rent to a market level.  For example, under current law, if a tenant is paying $700 a month, and the market rate for that unit is $1200 a month, when that tenant moves out, the landlord could set the rent for the next tenant at $1200. In Berkeley, if Proposition 10 passes, the landlord would most likely be required to rent to a new tenant at $700 a month. This will make it increasingly uneconomic to be a landlord, particularly for smaller landlords with only a few units. (The economics are different for large developers of new units.) Berkeley’s rent control regime has already caused problems with rental housing supply, with many small landlords either taking their units off the market or renting them short-term via Air BnB, and Proposition 10 will exacerbate this problem.

If you think all landlords are evil and greedy, vote yes. If you are a strong believer in property rights, vote no. Looking at it from self-interest perspective: If you think you may be a tenant in a city with rent control or that might enact rent control, vote yes (if you think you might get a unit with low rent) or no (if you think it will make it harder to find housing). If you are a landlord (or may become a landlord) in a city with rent control or that might enact rent control, vote no. If you are a tenant or a landlord in a city without rent control, you don’t have a dog in this fight. 

If I didn’t live in Berkeley (or hadn’t read their rent control ordinance), I might feel differently, but if you don’t otherwise have a strong opinion, I would suggest voting no.


Proposition 11 – Yes. This proposition would make it clear that privately-employed paramedics and EMTs (typically under contract to local government) would remain available and on-call when taking meal breaks. Under a recent court decision (re security guards), it is possible that paramedics and EMTs would have to take uninterruptable meal breaks. So if an emergency happened and the paramedics were right around the corner eating a burrito, they would not respond. This proposition would maintain the existing system, where they would put down the burrito and respond. Seems like a good idea to me. Vote yes.

Proposition 12 – Yes. This proposition would set forth some minimum square footage requirements for confinement of farm animals, such as veal calves, breeding pigs, and egg-laying hens. The square footage required is pretty modest, and some provisions don’t kick in for several years, but it looks like an improvement, and should not be too hard or expensive to implement, so on balance I would vote yes.