Hot Report: Metropolitan District Commission Water Rates

OLR Report 2013-R-0218 summarizes the current rates that the Metropolitan District Commission (MDC) charges its customers and how they compare with Connecticut Water Company's (CWC) rates. It also explains (1) what makes water rates increase, (2) the role commission members and non-members have in rate-setting and the process of converting a non-member town to a voting member town on the MDC board, (3) whether the Public Utilities Regulatory Authority (PURA) (formerly known as the Department of Public Utility Control, or DPUC) controls these rates, (4) how the state regulates water companies, and (5) what other options Connecticut residents have for obtaining water.

The MDC water rates are generally lower than those of private water companies, such as CWC. The surcharge for non-member towns (NMT) served by the MDC, however, increased significantly in January 2013. According to MDC's assistant district counsel, numerous factors contributed to the increase, including a loss in revenue due to decreased water consumption that adversely affects NMTs, a necessary shift to a more stable source of revenue to cover fixed operating and maintenance costs, an aging water infrastructure system, and the fact that member towns already pay a special sewer service surcharge that is not imposed on non-members.

While member towns are represented on the commission and have voting rights to approve rate adjustments, NMTs have no such representation. However, NMT residents are able to attend public hearings and provide input during the budget and rate-setting process. The conversion of a NMT to a member town would require either an amendment to the special act that chartered the Metropolitan District, or approval from all of the member towns according to the procedures set forth in the charter.

PURA does not regulate the rates of municipal or regional water authorities such as the MDC. Rather, the rates are established through a change in the MDC ordinances, in accordance with the District's charter. PURA does regulate the rates of private, investor-owned water companies, including CWC. It may deny rate increase requests if the proposed rates fail to meet certain statutory criteria.

Connecticut residents may be somewhat limited in their water supply options. The water industry is a natural monopoly, so switching to a competitor may not be possible, and the ability to drill a well on one's property could be restricted by Department of Public Health (DPH) regulations. MDC customers in NMTs can, however, attend public hearings concerning the budget and water rates and voice their input, as rates are adjusted on an annual basis. Furthermore, customers can take advantage of energy efficiency options as suggested by the MDC, the Department of Energy and Environmental Protection (DEEP), and the U.S. Environmental Protection Agency (EPA), which could help to reduce an individual's water consumption.



For more information, read the full report.

http://www.cga.ct.gov/2013/rpt/2013-R-0218.htm

Skipping the Principal’s Office and Heading Straight to the Courtroom

The New York Times recently spotlighted an increasingly common phenomenon in schools that use the services of school resources officers, or SROs.  Truancy, student scuffles, and cursing at teachers, which are typically handled by a school administrator, now are met with graver consequences when witnessed by SROs.  These nonviolent behaviors have led to student arrests and misdemeanor charges that send them into criminal court. 

The use of SROs as part of a school safety plan has become more prominent in recent weeks, following the White House’s call for an increase of police officers based in schools, as well as a National Rifle Association task force’s recommendation of police officers or armed guards in all schools.  This is not a new idea, however; schools have paid local police to serve as SROs since the early 1990s.

Civil rights groups report that thousands of students are arrested or issued criminal citations at schools across the country every year.  Many appear in court for minor offenses, particularly students who are black, Hispanic, or have disabilities.

The state that has one of the highest incidents of criminal charges is Texas, where SROs typically write over 100,000 misdemeanor tickets each year.  The NAACP filed a complaint on behalf of black students in a Texas school district with the federal Education Department’s Office for Civil Rights in February of this year.  The complaint alleges that black students in the school district receive criminal misdemeanor citations four times more often than white students do.  The school district is currently revising its guidelines for citations while it awaits the reaction of federal officials.

One Houston high school has made efforts to seek out SROs who were skilled at working with students and building their trust.  It has hired former police officers who were products of rough neighborhoods themselves.  With fewer arrests and tickets, the campus now enforces discipline with a principal’s court and student juries.

DNA and Drug-Sniffing Dogs

Hot on the heels of its unanimous decision upholding a car search triggered by the alert of a drug-sniffing dog (Florida v. Harris, Docket 11-817), the U.S. Supreme Court is considering whether being arrested is sufficient grounds for taking a sample of a person’s DNA (Maryland v. King, Docket 12-207). 

In Maryland and 27 other states, DNA samples are collected from people arrested, usually for crimes involving violence (in other states, samples are not taken until conviction).  Their DNA is analyzed and compared with samples in state and national databanks to see if it matches DNA collected from other crime scenes.  Maryland police followed this procedure after arresting defendant King in 2009 on assault charges; three months later his DNA profile matched a sample in the state database collected from an unsolved 2003 rape case.  After arguing unsuccessfully that taking the sample violated the Fourth Amendment’s prohibition against unreasonable searches and seizures, King was convicted of the rape and sentenced to life in prison.

Lyle Denniston of SCOTUSblog frames the question before the Court:  from whom can the police take a DNA sample, without that individual’s permission, without any advance reason to think that individual committed a particular crime, or without the advance approval by a judge through a search warrant? 

Hot Report: Occupational License Fee Changes Over the Last Ten Years

OLR Report 2013-R-0215 how much occupational license and registration fees have changed in the last 10 years (2003-2013).

License and registration fees for state-credentialed occupations were generally raised only once in the last 10 years. The vast majority of these fee increases were part of the 2009 budget bill (PA 09-3), which generally (1) doubled fees under $150, (2) increased fees between $150 and $1,000 by 25%, and (3) added $250 to fees of $1,000 or more.

Table 1 in the report shows the fees for an initial license or registration in 2003 and 2013, by department. The table does not show renewal fees, which in some cases may be higher or lower than the initial fees.
For more information including a list of all of the changes, read the full report.

Student Loan Debt Hurting Homeownership

Despite low mortgage rates and a 25% price decline since 2006, home ownership has proven elusive for many Americans younger than age 40, and a recent article from Bloomberg suggests that student loan debt may be a factor. According to the article, the number of people in that age group who owned homes dropped by 4.6% from the third quarter to the fourth in 2012, the largest decrease since tracking of the statistic began in 1982. Overall, the fourth quarter homeownership rate was 65.4%, the lowest the rate has been since 1997.

Outstanding student loan debt has nearly doubled since 2007 and now stands at $1.1 trillion according to the article, with two-thirds of student loans held by people under age 40. The article also suggests that the mortgage crisis played a role in the debt increase, as many parents were unable to tap into home equity to pay for their children’s college costs, thus forcing students to take on more loans.

What to Know When Buying or Leasing a Car

Spring brings sunshine and flowers—the perfect weather for car shopping.  But before you head out to the auto lot it’s important to carefully consider these things:

Your needs:  full size or compact? room for kids or room for work tools? 

• The car you shop for should address your needs and the needs of your family or business.  Understanding your needs and being very clear about those needs can make your car shopping faster and easier.

Your budget:

• The ar market is filled with choices, so having a budget prepared before you start shopping lets you focus on the right cars with the right features.

Safety: 

• Safety testing is essential to protecting our streets and drivers.  The National Highway Traffic Safety Administration (NHTSA) and Insurance Institute for Highway Safety are two places where you can find information on a car’s safety rating, features, and any safety defects or recalls.

Title:

• When you are working to buy or lease a car be sure you are working with the car’s actual owner.  You can check an individual seller’s title with the Better Business Bureau and a dealer’s credibility with your local consumer affairs office.

Leasing: 

• If you are thinking about leasing a car, be sure to get all the lease information upfront, including details on wear and tear standards, yearly mileage limits, and manufacturer’s warranties.

Financing:

• Before you take a loan to finance your car, research your options.  Choosing the right type of financing, whether by direct lending or dealership financing, can significantly impact the price you end up paying. The Federal Trade Commission can help explain your options and understand finance fine print.

Hot Report: Driving History Record Retention

OLR Report 2013-R-0191 summarizes which motor vehicle violations the Department of Motor Vehicles (DMV) records on driver histories and how long DMV retains this information It also summarizes the penalties associated with the violations.

DMV's driver history retention schedule (Attachment 1) lists about 800 separate violations that it records on driver histories. Many of these are very specific violations that fall under a single statute. For example, there are 35 separate violations listed under the law dealing with federal motor carrier safety regulations, and 19 violations under the driver's license law.

DMV retains records of most infractions and violations for three years. It retains records of more serious violations for 10 years, and of violations committed by commercial driver's license (CDL) holders (e.g., truck drivers) for periods of time specified in federal law, which range from three to 55 years, depending on the violation.
For more information, read the full report.

Bankrupted Cities: The Easy Out Usually Leads Back In

Cities are like businesses, according to David Unkovic, who worked in business for 30 years before becoming a Harrisburg, Pennsylvania receiver. They get into fiscal trouble when their revenue streams run dry, spending gets out of control, capital improvements are delayed, debt and liabilities mount, and cash runs out. Ok, but haven’t we heard all of this before?

Yes, but Unkovic’s analysis shows just how complicated the plot really is. In a paper he presented last March at the Bond Buyer Symposium on Distressed Municipalities in Providence, he described how quick fixes to short-term problems ultimately compound the problem. Sounds like the law of unintended consequences.

Exactly! For example, revenues flow sporadically in municipalities that rely heavily on property taxes, which are usually paid once or twice a year. Financially sound municipalities can close the gap by drawing on their reserves or taking out a line of credit. But what do financially distressed municipalities do? “They get desperate,” Unkovic wrote. ”Maybe they improperly charge for unrelated services, maybe they deplete assets, maybe they incur lots of debt and use the money for current services, maybe they do an interest rate swap for upfront money, and maybe they stretch out their payments to vendors.”

Unkovic didn’t say if he saw the same things in business. But, in the Fifth Discipline, a business book on organizational problem solving, Peter Senge described how “the long-term, most insidious consequence of applying nonsystemic solutions is increased need for more and more of the solution.” Short-term fixes often overlook how problems evolved. “Underlying all of the above problems is a fundamental characteristic of complex human systems: ‘cause’ and ‘effect’ are not close in time and space.”

Unkovic might agree with these generalizations. As he wrote, “The primary cause of municipal distress is that the system is often rigged under state law so that the revenue/expenses/assets/liabilities/cash flow of certain municipalities simply do not work, and the desperate short term measures then taken by desperate municipal officials make matters worse and worse.”

Federal Workers Not Feeling the Love

Changing jobs can be a life-changing event. And in the midst of that, you may not read all the fine print when rolling a 401(k) into an individual retirement account (IRA). A new study found, as the Washington Post put it, "money management firms frequently offer workers misleading and self-serving information about how to handle their retirement savings when they change jobs." The Washington Post reported on this Government Accountability Office (GAO) report released on April 3rd.

"Departing workers are often encouraged to roll their accounts into IRAs run by the firms that already manage their retirement money, even when it would be best for these workers to keep the money in a 401(k), the GAO investigation concluded. Having workers move their money into IRAs typically allows money management companies to harvest bigger management fees," the Post reported regarding the report.

When workers leave a company, they generally have four choices for handling their 401(k)s: (1) leave the money in their former employer’s plan, (2) move it to their new employer’s plan, (3) put it in an IRA, or (4) withdraw it and use it for current expenses the report notes. The latter option makes them liable for a tax penalty if the worker is younger than 59 1/2.

Beware of Boston Marathon Charity Scams

Connecticut’s consumer protection commissioner and attorney general are both warning state residents that there may be scams exploiting the Boston Marathon tragedy.

They provide some general warnings for protecting yourself from charity scams, including (1) never giving out your personal or financial information to anyone soliciting contributions and (2) avoiding cash donations and making checks payable to an individual. Other suggestions include:
1. donating to well-known and established charities;
2. designating in writing a preferred use for the donation (e.g., “for the families of Boston Marathon victims);
3. deleting unsolicited mail and never opening any attachments;
4. monitoring copycat organizations; and
5. checking the legitimacy of the charity or cause.

Hot Report: Connecticut Energy Advisory Board

OLR Report 2013-R-0210 explains who currently serves on the Connecticut Energy Advisory Board (CEAB) and the board's role. The CEAB consists of a representative of the Office of Consumer Counsel and eight members appointed by legislative leaders, representing various interests and backgrounds. By law, among other roles, CEAB (1) is involved in developing the integrated resource plan, which specifies how electric companies obtain savings from efficiency programs and power to meet their customers' needs and (2) conducts an alternatives analysis when the Siting Council receives an application to build an energy facility (e.g., a power plant or transmission line).

For more information, read the full report.

Massachusetts Governor’s Proposal Ties Local Aid To A Municipality’s Revenue Capacity

As part of his FY 14 budget recommendation, Massachusetts Governor Deval Patrick has proposed reforming the way in which the state distributes local aid.  The governor’s budget calls for a 3.4% increase in non-school local aid, which would be apportioned according to “each municipality’s relative ability to provide essential local services.”  According to budget documents, the new local aid formula “will consistently provide equitable distributions into the future, as each year the formula components will be updated and the total distribution of aid will be calculated using the updated components.”

The formula is consistent with proposals from the New England Public Policy Center to promote a more equitable distribution of local aid. 

Over Half U.S. River and Stream Miles in Poor Condition

In the most recent data available, the Environmental Protection Agency’s (EPA) National Rivers and Streams Assessment 2008-2009 classifies 55% of U.S. river and stream miles as being in poor condition for aquatic life and gives another 22% a “fair” rating.  The major culprits:  (1) excessive levels of the fertilizers nitrogen and phosphorous, (2) high levels of bacteria and mercury, (3) decreased vegetation coverage, and (4) increased human disturbance. 

Rivers and streams in the West were significantly more likely to be classified as healthy (42%) than were those in the East and Plains regions (17% and 16%, respectively). 

The EPA says the overall findings demonstrate the importance of addressing the sources of these stressors, including storm water runoff from urban areas, agricultural practices, and wastewater treatment.

Some Californians Lack State Senate Representation

Redistricting, the process by which the boundary lines for Congressional and state legislative districts are redrawn, is often a contentious, litigious process. But in the end, voters can count on having somebody as their elected representative in the state legislature.

Not so in California.

Because California senators have staggered four-year terms, many voters did not elect a state senator in 2012. However, because of redistricting, some voters were moved from districts that had 2012 elections and into districts that are not on the ballot until 2014. These voters thus do not have an elected representative in the state Senate for the next two years.

In response, state lawmakers approved a plan whereby many senators will temporarily provide constituent services for these otherwise unrepresented voters. This will temporarily increase some senators' constituencies by 30% or more.

CDC Reports Decrease in Deaths at Hospitals

The Centers for Disease Control and Prevention (CDC) reports that inpatient hospital deaths decreased 8% from 2000 to 2010, while hospitalizations increased 11% during that period.  The data is derived from the National Hospital Discharge Survey.

Among other findings, the survey shows:

• About one-third of the deaths occurred in short-term hospitals
• Patients who died at hospitals had longer hospital stays than all patients (In 2010, 7.9 days for patients who died at the hospital contrasted to 4.8 days for all hospital patients)
• Over one-quarter of patients who died in the hospital stayed 10 days or more
• The average age of patients who died at hospitals was 72 to 73
• In 2000, 2.5 of every 100 inpatients died in the hospital; in 2010, this rate decreased to 2.0 of every 100

Hot Report: Summary of Berman v. Parker

OLR Report 2013-R-0211 summarizes of Berman v. Parker, 348 U.S. 26 (1954).

In Berman v. Parker, the U.S. Supreme Court considered the federal government's eminent domain power under the Fifth Amendment's takings clause. The case involved Washington, D.C. legislation to redevelop a blighted section of the city. A property owner objected to the government's taking of a piece of property that was not blighted and would be given to another private party as part of the redevelopment project.

The Court ruled that the government can transfer property from one private party to another as part of a redevelopment plan that serves a public purpose (i.e., to promote the general physical, aesthetic, sanitary, or economic quality of an area) under the Fifth Amendment and the constitution only requires payment of just compensation to a property owner.

For more information, read the full report.

Transport Construction Sites Turn into Archeological Digs

Earlier this year, a British rail project announced that it uncovered the skeletons of people who may have been victims of the Black Death (bubonic plague) about 700 years ago. According to a recent National Public Radio article, the 13 skeletons were found about eight feet under a road in central London during a land survey for a new rail line. The company involved in the project believes that, based on historical records, up to 50,000 people could be buried in the area.

Because the project involved underground tunneling, the company hired archeologists to assist with any discoveries. Items found so far include 55 million-year-old amber, bones of prehistoric animals, Roman remains, and human remains from the ‘Bedlam’ psychiatric hospital, among other things.

These skeletons will be moved to the Museum of London Archaeology for DNA testing and to help scientists learn more about the plague.

These discoveries follow recent confirmation that the remains of King Richard III were found under a British parking lot last year. Richard III was England’s king from 1483 to 1485, and died during the Battle of Bosworth Field (which essentially ended the Wars of the Roses).

Former Nuclear Regulator Argues That Plants Have Safety Flaw

Gregory Jaczko believes that all of the nuclear reactors operating in this country have a serious safety flaw. His isn't just any opinion; he is the former chairman of the Nuclear Regulatory Commission.

The New York Times reported that Jaczko believes that what is known as "decay heat" -- when nuclear reactor fuel continues to generate heat after being shut down because of a chain reaction -- presents a safety problem and not one that can be fixed. He favors phasing out all of the current reactors and building smaller reactors where it would be easier to control decay heat.

Among those who disagree with Jaczko's assessment is Marvin Fertel, the president of the Nuclear Energy Institute, the industry's trade association: "U.S. nuclear energy facilities are operating safely."

Report: Maritime Economy Contributes Nearly $7 Billion to State’s Economy

The state’s maritime industry contributes nearly $7 billion to the state’s economy, a recent survey has found.

The study, conducted by Connecticut Sea Grant, looked at seven business sectors directly related to the maritime industry in the four shoreline counties (Fairfield, New Haven, Middlesex, and New London) and at the state as a whole.

It found that, statewide, the maritime industry contributed $6.83 billion to the state’s economy; the four coastal counties accounted for $5.88 billion of that amount. (For comparison, Connecticut’s gross domestic product in 2010 was $233 billion.)

The seven sectors the study looked at are (1) commercial fishing, (2) seafood preparation and packaging, (3) ship building and repairing, (4) boat building, (5) water transport, (6) scenic and sightseeing transportation, and (7) amusement and recreational activities.

Sea Grant is a national network comprised of 32 programs based at universities in coastal and Great Lake states throughout the U.S. and Puerto Rico.

Mother’s Childhood Abuse May Be New Autism Risk Factor

A recent study in JAMA Psychiatry suggests that women who were physically, emotionally, or sexually abused as children are more likely to have a child with autism.

Researchers analyzed medical records of 50,000 women and found that those who suffered the highest levels of abuse as children were 60% more likely to have autistic children than women who had not been exposed to abuse. For example, the study found 1.8% of children born to women reporting the highest amount of abuse had autism as compared to 0.7% of children born to women reporting no such abuse.

In a related Boston Globe article, Dr. Andrea Roberts, a research associate at Harvard School of Public Health, suggested that abuse may have lasting effects on a woman’s immune or stress response system, which may increase a child’s risk in utero. She also noted that the study does not prove that childhood abuse leads to more autism, but simply makes the association.

Hot Report: DEEP Renewable Portfolio Standard Study

OLR Report 2013-R-0205 summarizes the draft Department of Energy and Environmental Protection (DEEP) study on the renewable portfolio standard (RPS). The study's recommendations are included in SB 1138, File 120, reported favorably by the Energy and Technology Committee.

OLR Report 2013-R-0137 provides a primer on the RPS.

The draft study argues that the current RPS does not align with the governor's goal of providing cheaper, cleaner, and more reliable electricity for state residents. It notes that the present RPS framework has largely been met by buying renewable energy credits (RECs) from out-of-state sources that emit pollution. The present framework leaves ratepayers exposed to potential price volatility from inadequate supply of renewable power to meet the targets that have been set and potentially requires electric companies and suppliers to make expensive alternative compliance payments if they fail to comply with the RPS standards. The study primarily addresses Class I resources, which includes such things as solar and wind energy, as well as electricity produced from certain biomass facilities.

The draft study recommends:

1. phasing in a more stringent emission standard for Class I biomass facilities to ensure that either they deliver cleaner energy or are replaced with newer cleaner resources such as wind or solar energy,

2. expanding the definition of hydropower facilities eligible for Class I designation from 5 megawatts (MW) to 30 MW,

3. allowing all electricity produced from methane that is biologically derived to count as Class I,

4. allowing large-scale hydropower to qualify as a Class I resource, in a separate “contracted tier”,

5. giving DEEP authority to participate in regional procurement for Class I resources and procuring large-scale hydropower resources (greater than 30 MW), and

6. discontinuing Class III incentives for efficiency programs that are already ratepayer funded.

The study does not make any recommendations regarding Class II resources.

For more information, read the full report.

E-Cancer Guide

The eHealth Initiative (eHI), a national group advocating for improved health care quality and reduced costs, has just unveiled its “Health IT Cancer Resources Guide.” The guide is a compendium of online resources for patients and others seeking help understanding cancer diagnoses, making  informed treatment decisions, anticipating care needs, and connecting with others who have had, or are having, similar experiences.  It was developed by eHI’s National Council on Cancer and Technology, which includes representatives from the American Cancer Society and the American Society of Clinical Oncologists.

According to eHI:
• more than 500,000 Americans die from cancer each year;
• the leading causes of cancer deaths are lung, prostate, and colon in men and lung, breast, and colon in women; and
• the American Cancer Society estimates 1,660,290 new cases and 580,350 deaths in 2013.

The guide’s listings are arranged by topic and include mobile applications, web sites, and social networks aiming to improve cancer care.

Addressing the Military’s Sexual Assault Epidemic

Congress included a record number of provisions (19) in the 2013 National Defense Authorization Act (NDAA) that address what some describe as the military’s sexual assault epidemic.  The Department of Defense (DoD) estimates that while about 19,000 sexual assaults were committed in 2011, only 3,192 were reported to military authorities.  Victims agreed to go to trial in about 2,400 cases, which resulted in 191 convictions. Punishments included jail time (78%), demotions (82%), fines (68%), and discharges or dismissals (64%).

Victims’ advocates cite one of the biggest victories as the act’s creation of a civilian review board with members knowledgeable in both military and civilian law. The board will meet twice a year to review and provide feedback on (1) how the DoD investigates and prosecutes these cases and (2) whether military laws and procedures should be updated to better reflect current legal thought.   

Other NDAA provisions include:

• requiring each military branch to have special victims’ units;
• barring the recruitment of anyone convicted of felony sexual assault;
• discharging or dismissing convicted sex offenders from the military (about 36 percent of them remained in the military in FFY 2011, according to this 2012 report);
• requiring military leaders to address why 47% of service members told DoD that they were afraid to report sexual assaults due to fear of retaliation and more than half stated that they did not believe their confidentiality would be protected if they came forward; and
• requiring all branches to (a) review sexual assault reports to determine if, and why, those making the reports were separated from the military and (b) inform those who left because of retaliatory personnel actions how to correct their service records.

Hot Reports: Bills Reported to the Finance, Revenue and Bonding Committee

The Office of Legislative Research is providing summaries of bills referred to the Finance, Revenue and Bonding Committee.

Currently, there are:

1. Commerce
2. Education
3. Planning and Development

Reports from other committees will appear here as the office produces them.

Invisible Scars of War

The New York Times reports on the start of a five-year study of 15,000 veterans aimed at finding biological signals (“biomarkers”) that could provide reliable, objective evidence of post-traumatic stress disorder (PTSD) and mild traumatic brain injury (TBI).  About 500,000 veterans have been diagnosed with one or both of these conditions over the past decade, but because these diagnoses are currently based on self-reports, there is uncertainty about their validity.  Identifying biomarkers and developing tests to recognize them will allow clinicians to catch them earlier and reduce misdiagnoses.

Researchers at the Uniformed Services University of the Health Sciences, the military’s medical school, are looking for biomarkers among soldiers stationed in Ft. Bragg, N.C.  They plan to look at five groups, each consisting of 300 veterans:  (1) those with PTSD, (2) those with TBI, (3) those with both, (4) those with depression but not PTSD or TBI, and (5) those with combat deployments who show no symptoms of any of those disorders. All will undergo a battery of tests to analyze hormone levels, blood chemistry, genetic makeup, and brain structure.
Financing for the study is guaranteed by a $17 million grant from the Steven A. and Alexandra M. Cohen Foundation.

Affordable Care Act Whistleblower Protections Kick in

Federal interim final rules that protect insurance company whistleblowers --employees subjected to retaliation for opposing or reporting violations of the Affordable Care Act -- took effect February 23, 2013.  Title I of the act includes a range of insurance company accountability requirements; some are required currently, while others will be phased in by 2014.

Current practices subject to the new whistleblower rules include:
• Refusing to cover children under age 18 with pre-existing conditions;
• Discontinuing dependent coverage for those under age 26;
• Denying or rescinding coverage based on non-fraudulent application errors or technical mistakes;
• Setting lifetime dollar-value coverage limits;
• Failing to simplify appeals or create external review processes; and
• Failing to cover preventive care such as mammograms in newly-issued policies.

Whistleblowers who believe they have been subject to workplace retaliation must file complaints with the U.S. Labor Department’s Office of Safety and Health Administration within 180 days after learning of adverse job actions.  Among other thing, insurer-employers may be ordered to reinstate the employee, restore lost benefits; and pay lost wages and compensatory damages, including attorneys fees. 

Employees who file frivolous claims are subject to administrative fines of up to $1,000.

Co-Housing for Seniors

Co-housing developments have gained a foothold in the U.S. and housing experts suggest that they are well-suited for aging baby boomers more interested in remaining in familiar surroundings than moving to retirement-friendly states like Arizona and Florida.  Joani Blank, formerly of the Cohousing Association of the United States, says that the idea behind cohousing is simple – they are “intentional neighborhoods” designed for residents to interact with their neighbors.  Although most currently admit residents of all ages, there is a growing interest in establishing communities exclusively for seniors.

Advocates say that with a minimal amount of care -- in some cases, just the help that neighbors can provide -- seniors can remain at home and relatively independent much later in life than they may otherwise have been able to.  But the model is currently a niche option that only well-off seniors can afford.  Some critics say more should be done to encourage co-housing developers to include a mix of affordable housing units in their plans.  Active participation by local and state housing and zoning authorities in planning and design decisions may be an effective strategy for both attracting residents with more diverse backgrounds and financing these projects.

100 Pounds a Day???

That’s how much manure a dairy cow produces daily, reports The Connecticut Mirror. In addition to its use as a fertilizer, manure is gaining attention as a reliable source of renewable energy. When decomposed by bacteria under aerobic conditions, it releases methane gas that, in turn, can be burned in generators to produce electricity.

 

A recent Manure-to-Energy symposium drew a diverse group of scientists, academics, policy-makers, technology vendors, and farmers. Despite differing perspectives, they agreed that production of manure-generated methane is an underdeveloped area that has potential for (1) helping financially strapped farmers and (2) improving water quality by reducing chemical runoff from fields that are being over-fertilized.

 

Manure-based energy operations can be located on farms and sometimes be supplemented by “green waste” like spoiled or expired food. They may be developed on any scale and be run by community cooperatives or commercial businesses, among others. Farmers who use manure to produce energy on their farms can use that power for their buildings and farming equipment, generating significant savings on electricity and heating costs. 

 

In some states, farmers can sell surplus manure-generated energy to the utilities that manage their local grids or on the wholesale market. And at least two states--Pennsylvania and Maryland -- have implemented model “virtual metering,” projects that bolster energy prices by allowing producers to aggregate energy produced by all their methane meters, rather than only those that are physically connected. Advocates urge state legislatures to make the industry more profitable by allowing producers to sell energy credits as is done for other forms of renewable energy.

 

The policy options that garnered the most support from symposium participants were:

• prioritizing outreach, funding, and technical assistance for manure-to-energy projects that also address water quality;
• encouraging long-term purchase agreements for manure-based energy;
• realigning federal and state funding programs to give preference to projects with an explicit link to water quality goals; and
• for air permitting purposes, classifying manure as a “non-waste” instead of “solid waste”

Earning a Degree an Elusive Goal for Most Students Enrolled in Online Courses

Television commercials bombard the airwaves touting the ease of earning online college credits from home.  However, a recent study by Columbia University shows that student success in such programs rarely mirrors the outcome of “earning a degree in your pajamas” that the advertisements offer.

The Chronicle of Higher Education shared the results of the study by Columbia University’s Community College Research Center.  After surveying 500,000 online courses taken by over 40,000 community- and technical-college students in Washington state, the Center found that all students who take online courses are less likely to earn a degree than their campus-visiting counterparts. 

Additionally, the following groups of online students were found even less likely to complete the coursework required for a degree: black students, male students, younger students, and students with lower grade point averages.  Online students who were more likely to complete the coursework included: older students, female students, and higher performing students.  The study found that the latter groups, which often pursue online course credits for the convenience of balancing studying and raising children, were more successful because they were more likely to find little difference between the online and physical classroom.

Study authors point out that students who participated in online courses due to personal scheduling obstacles, as opposed to those who enrolled online for reasons other than easier access, tended to have a higher degree completion rate.  However, online course instructors explained that online courses offer more than just schedule flexibility.  They also offer students an environment free from the pressures of peer judgment, where they can express themselves and receive valuable feedback.

Supreme Court Ruling Changes Copyright Landscape

In a 6-3 decision, the U.S. Supreme Court recently ruled that the owner of a legally obtained copy of a copyrighted work that was manufactured abroad can resell the work in the U.S. without permission of the copyright holder (Kirtsaeng v. John Wiley & Sons, Inc.).

As explained in an article on Law.com, the case involved a student from Thailand who imported lower-priced books from that country into the U.S. and resold them here.  The publisher sued, alleging copyright infringement.  The publisher argued that the “first-sale” doctrine does not apply to works produced abroad for sale outside the country. The first-sale doctrine provides that someone who buys a copyrighted product may resell it without permission of the copyright holder.  The Court disagreed, holding that the doctrine applies as well to copyrighted products lawfully made abroad.

According to the article, the decision will have broad ramifications for industries that rely on copyright protection, such as book and software publishers. The ruling will require such companies who sell lower-priced products overseas to determine whether they should continue to do so. Copyright owners may also use different strategies to respond to the ruling, such as digitizing more of their content (the case only applies to tangible works).

Other strategies include (1) expanding the use of trademarks, (2) producing goods of different quality overseas, and (3) urging Congress to amend federal law in response to the Supreme Court decision.