California Business Roundtable Issues Statement on 3rd District Court of Appeal Decision on Cap-and-Trade Revenue

The 3^rd District Court on Thursday upheld the “right” of an unelected agency to raise taxes—this is the cap and trade scam. So far, it has taken $3 billion a year from businesses and families. New proposals included a $1.75 a gallon gas tax increase—NOT A TYPO. Also, if you want to build a home “outside the urban core”, you will need to pay a $5,000 penalty. Not a single elected official makes these decisions—no one to defeat at the voting booth. Why have elections, if an agency is allowed to bankrupt the people of California?

““This ruling gives more than 150 state agencies unchecked authority to establish or increase fees simply by justifying them as a “voluntary” component of a regulatory or legislative program, even if payment of the fees isn’t “voluntary” at all. Current regulations have already driven up prices for hardworking Californians and are the main contributor to the state’s highest-in-the-nation poverty rate. This decision has far-reaching consequences to our economy and the quality of life for all Californians. We agree with the dissenting opinion: ‘The use of the auction proceeds, a hallmark, if not the gold standard, for determining if a state exaction is a tax must be considered.’”

Literally, if upheld (and I expect it will) Californians will be forced to leave the State with no recourse to end the taxes and penalties. Imagine being taxed by 150 agencies, most of which you never heard of! This is how Russia operates—and California.

California Business Roundtable Issues Statement on
3rd District Court of Appeal Decision on Cap-and-Trade Revenue

California Business Roundtable, 4/6/17

(SACRAMENTO)— Rob Lapsley, president of the California Business Roundtable, issued the following statement in response to the 2-1 decision from the 3rd District Court of Appeal upholding the state’s collection of billions of dollars in “voluntary” revenue from the cap-and-trade program:

“While we support and are working to improve a market-based mechanism such as cap-and-trade for climate change, we firmly believe that any fees subject to climate change regulations require a 2/3 vote of the Legislature rather than a decision by an unelected state regulator. The practical impact of this decision sets a dangerous precedent that will end up affecting every family in California. The current cap-and-trade program already costs drivers more than $3 billion each year in higher gas costs. But, with this ruling, that will be just the starting point of future increases. To reduce greenhouse gases, state regulators have already proposed a $5,000 per house penalty for homes built outside urban cores and as much as $1.75 per gallon of additional gas fees—all without any checks and balances from the Legislature or voters.

“This ruling gives more than 150 state agencies unchecked authority to establish or increase fees simply by justifying them as a “voluntary” component of a regulatory or legislative program, even if payment of the fees isn’t “voluntary” at all. Current regulations have already driven up prices for hardworking Californians and are the main contributor to the state’s highest-in-the-nation poverty rate. This decision has far-reaching consequences to our economy and the quality of life for all Californians. We agree with the dissenting opinion: ‘The use of the auction proceeds, a hallmark, if not the gold standard, for determining if a state exaction is a tax must be considered.’”