Consumer capture of regulatory institutions: The creation of public utility consumer advocates in the United States

We examine the conditions under which state legislatures in the United States organized public utility consumers during the 1970s and 1980s by creating independent consumer advocates with resources and authority to intervene in public utility rate-making procedures. While economic factors, notably utility fuel cost increases, were important predictors, state political conditions were estimated to have a larger impact on the probability of implementation. We find that the pattern of adoption is consistent with the hypothesis that legislatures deploy institutions as a mechanism for insulating regulatory policies against future reform: in general, Democrat-controlled governments were significantly more likely to implement consumer advocates when they were less certain about being re-elected to office during this period. We find also that the effect of political re-election expectations was particularly acute for the creation of advocates representing solely residential consumers, a relatively disorganized interest group. Our results suggest that legislatures organize and publicly fund interest groups to protect supportive but vulnerable groups against adverse future political environments.     

State Income Tax Treatment of the Elderly

The state and local tax treatment of the elderly varies significantly from state to state. In this article, we analyze the differences in effective tax rates for the state personal income tax for elderly versus non-elderly taxpayers. We find that in a majority of states, the average effective tax rate facing the elderly is significantly lower than that of non-elderly taxpayers. The consequences of this tax rate difference may impact long-term state income tax revenues as the elderly population continues to grow.     

How policy variables influence the timing of applications for Social Security Disability Insurance

This article analyzes the impact of policy variables--employer accommodations, state Social Security Disability Insurance (DI) allowance rates, and DI benefits--on the timing of an application for DI benefits by workers with a work-limiting health condition starting when their health condition first begins to bother them. The analysis uses a rich mixture of personal and employer characteristics from the Health and Retirement Study linked to Social Security administrative records. We find that most workers do not apply immediately for DI benefits when they are first bothered by a health condition. On the contrary, the median working-age man with a work-limiting condition waits 7 years after that time before applying, and the median working-age woman waits 8 years. Although the risk of applying for benefits is greatest in the year following onset, only 16 percent of men and 13 percent of women in our sample apply within the first year, and the risk of application falls thereafter. That finding suggests that institutional factors, in addition to health factors, may play a role in the timing of DI applications. Using kernel density estimates of the distribution of application and nonapplication ordered by state allowance rates (the rate of acceptance per DI determination in each state), we find that both men and women who live in states with high allowance rates are disproportionately more likely to apply for benefits in the first year after their condition begins to bother them than are those in states with low allowance rates. Using life-table analysis, we also find that men and women who are accommodated by their employers are significantly less likely to apply for DI benefits in each of the first few years after their condition begins to bother them than are those who are not accommodated. On the basis of this evidence, we include these policy variables in a model of the timing of DI application that controls for other socioeconomic variables as well as health. Using a hazard model, we find that workers who live in states with higher allowance rates apply for DI benefits significantly sooner than those living in states with lower allowance rates following the onset of a work-limiting health condition. Workers who are accommodated following the onset of a work-limiting health condition, however, are significantly slower to apply for DI benefits. Using the mean values of all explanatory variables, we estimate the relative importance of changes in these policy variables on the speed with which workers apply for benefits after onset. We find that the mean time until application for men is 10.22 years. Universal accommodations following onset would delay application by 4.36 years. In contrast, a 20 percent decrease in state allowance rates would delay application by only 0.88 years. For working-age women, the average expected time until application once a condition begins to bother them is 10.58 years. Universal accommodations would delay that by 3.76 years, and a 20 percent decrease in allowance rates would delay it by 1.47 years. A complication in this analysis is that the policy variables are to some degree endogenous. Accommodation is probably offered more often to workers who want to continue working. Allowance rates are chosen by states on the basis of federal policy and local choices and probably in part on the health condition of workers in the state. Therefore, our estimates are upper bounds of these policy effects. Still, we believe we provide evidence that the social environment faced by workers with work-limiting health conditions can significantly influence their decision to apply for DI benefits, holding their specific health conditions constant.     

Procedural Change and the Sources of Ex Ante Constraints in EU Legislation

With 27 member states using a variety of administrative practices and institutions to implement European Union (EU) policy, the EU has been widely used as a natural laboratory for analyzing administrative politics and institutions. This research has largely focused on the institutional relationships as they are at the time of the analysis. However, the EU has used several legislative procedures. Furthermore, there has been little attention given to the administrative and delegatory consequences of changes in the EU's legislative procedures. This article examines how legislative institutions' preferences for limits to the implementing discretion of the Commission and the member states have changed with the shift from the cooperation procedure to the codecision procedure. I find that the European Parliament (EP) responded to the codecision procedure by increasing the share of its amendments that expand the implementing discretion of member states. Furthermore, the Council significantly changed its attitude toward EP amendments restricting Commission discretion.     

Sex-Based Occupational Segregation in U.S. State Bureaucracies, 1987–97

Is the extent of sex-based occupational segregation in U.S. state bureaucracies related to agency policy missions? Drawing on arguments by Lowi (1985), we contend that levels of sex-based occupational segregation in state bureaucracies vary depending on whether an agency's policy mission is distributive, regulatory, or redistributive. We employ data on the distribution of administrative and professional employees by sex in several types of state agencies across all 50 states for 1987–97. Our findings indicate high levels of occupational segregation among administrative cadres in agencies with distributive and regulatory policy commitments; however, professional workforces in these agencies have become less gender segregated over time. We find no evidence of occupational segregation among administrative and professional workforces in redistributive agencies. We argue that researchers need to examine the relationship between glass walls and other kinds of sex-based employment impediments, such as glass ceilings.     

State Unemployment Insurance Trust Solvency and Benefit Generosity

This paper employs panel estimators with data on the 50 American states for the years 1963 to 2006 to test the relationship between Unemployment Insurance (UI) trust fund solvency and UI benefit generosity. We find that both average and maximum weekly UI benefit amounts, as ratios to the average weekly wage, are higher in states and in years with more highly solvent trust funds. This result holds after controlling for state‐level unemployment rate, gross domestic product, population growth, legislative political ideology, partisan control of the executive and legislative branches, and gubernatorial election year across multiple specifications, including fixed‐effects and dynamic panel estimators. We propose a theory of moderate coupling as the causal mechanism, whereby UI program benefits and financing are directly related but are not as tightly linked as in other social insurance programs, such as Medicaid. The findings have important policy implications for the funding of states’ UI systems. As a consequence of moderate coupling, the countercyclicality of the UI program is dampened.     

ELECTRICITY TARIFFS: SOCIAL POLICY IMPLICATIONS

Abstract: The issue of equity in the provision of public utilities is one which has been the subject of a number of Australian studies over the past ten years. In particular, the obvious inequities in pricing between different classes of electricity consumers have attracted attention. Evidence that these inequities exist not only between, but also within, consumer classes was found in a survey of Brisbane residential electricity consumers. Significantly higher rates per kilowatt hour are paid by lower income consumers and the proportion of income spent on electricity is higher than that spent by the upper income households surveyed.
These inequities have important implications in the development of social policies, particularly those directed at the aged who, in many cases, rely on a low fixed income in the form of the old age pension. So far, in Australia, only the Victorian state government has approached this issue in any detail as a part of its Social Justice Strategy despite the fact that similar inequities in the provision of electricity to household consumers exist in all states.     

Does homeownership counseling affect the prepayment and default behavior of affordable mortgage borrowers?

The lack of industrywide data on homeownership education and counseling (HEC) programs has severely limited evaluation. In particular, very little evidence exists on the relationship between HEC completion and loan prepayment, an outcome of interest to both mortgage lenders and consumer advocates. Where mortgage prepayment directly influences the sustainability of affordable mortgage products, it also reflects the ability of underserved borrowers to access lower‐cost credit through refinancing. This study uses a uniquely rich data set to examine the impact of HEC completion on prepayment and defaultamongborrowers receivingHECfrom a variety of providers across 42 states. The loans, originated between 1999 and 2003, are observed through the first quarter of 2006, a period in which strong housing appreciation and decreasing interest rates generated substantial refinancing activity. Using a competing risks model of mortgage prepayment and default, we find that HEC programs based on classroom instruction and individual counseling improve a borrower's exercise of the mortgage prepayment option, but that programs based on home study or telephone counseling did not affect borrower behavior. Counseling shows no effect on default propensities. © 2008 by the Association for Public Policy Analysis and Management.     

Turning Up the Heat: The Impact of Electric Utility Competition on K–12 Education Funding in Ohio

Ohio, like many states, is currently-considering deregulation of the retail electric power industry. This issue is made more complex in Ohio because structural change in the delivery of electric power is also likely to have a negative effect on state and local government revenues. This effect occurs because of three main forces: the elimination of differential property tax treatment of utilities relative to general businesses, the likely decrease in state electricity excise tax revenues as a result of falling power prices and administrative difficulty in taxing out of state providers, and the potential for stranded costs to diminish the taxable value of electric generating equipment. This article provides an overview of these issues and a brief analysis of the extent to which these problems will be shared by other states. The article then demonstrates the impact of deregulation-induced tax changes on both state and local school district revenues in Ohio and concludes with a discussion of how the state's ability to insulate local governments from these adverse fiscal effects is made both more imperative and more difficult by a recent Supreme Court Ruling on school funding Finally, the issues discussed in the article are placed in a more general context of the challenges of adjusting tax policy to changing circumstances     

The retention of state governors

In this paper, we have provided some support for several hypotheses about the determinants of which governors get reelected. The benefit from being a member of a particular party varies from state to state and from year to year. Personal characteristics such as age are also important. The logits give some support to the importance of coalition formation; reelection is easier in states with low voter turnout and in farm states. The paper is most concerned with the connection between the economic performance and the electoral success of incumbent candidates for governor, and we find support for a model of electoral acountability, in which governors are powerful in state governments and state governments have the ability to differentially tax fixed factors relative to neighboring states.This paper raises some important issues regarding the measurement of variables in political economy, which have wide applicability to other studies in the economics of politics. Peltzman (1988) finds that the difference between the growth rate in state personal income and the national growth rate over a one to four year period prior to the election does not affect gubernatorial electoral outcomes. Concurrently, we find that the current year's growth rate in state personal income and its difference from the national growth rate are not significantly related to electoral success but that the average deviation from predicted state personal income during the governor's tenure in office is significantly related to the odds of getting reelected. That is, the data reject simplistic views of voter behavior and support a sophisticated model of voter behavior. Similarly, Peltzman (1988) has greater success using more sophisticated, cumulative measures of national economic performance.     

Who Gains from Charitable Tax Credit Programs? The Arizona Model

The Bush administration and some states have promoted charitable tax credits as a way to increase private charitable giving, to support antipoverty programs, and to allow taxpayers to directly determine the utility and effectiveness of nonprofit services. Looking at Arizona's charitable tax credit program, this study assesses the strengths and limitations of this policy approach. Although charitable giving increased during the first two years of the program (1998 and 1999), tax returns from 2000 suggest it may be difficult to sustain these gains in a weak economy. Larger and better-known nonprofits and taxpayers who itemize their returns are the primary beneficiaries of the program. The program may put small but well-run organizations at a competitive disadvantage, weaken accountability in the sector, and pose administrative challenges to state departments of revenue. This analysis suggests that tax credits are not a panacea for the funding needs of nonprofits.     

Fiscal Capacity, Fiscal Need, and Fiscal Comfort among U.S. States: New Evidence

During its lifetime, the U.S. Advisory Commission on IntergovernmentalRelations periodically published estimates of each state's relativefiscal capacity. This research note provides new estimates updatedto fiscal year 1994, the latest year for which all requisiteunderlying data are available. We find that dispersion in capacitynarrowed from 1987 to 1994, largely because the capacities ofCalifornia and the Northeast states, historically enjoying amplecapacity, fell relative to the national average. We also findthat these states generally experienced an increase in relativefiscal need, further narrowing interstate dispersion in fiscalcomfort (capacity relative to need). We conclude with evidencesuggesting that states with low fiscal comfort generally preferrelatively low levels of state and local public services.     

Welfare and child support: Complements,not substitutes

In most states, child support paid on behalf of Temporary Assistance for Needy Families (TANF) participants is used to offset TANF and child support administrative expenditures; this policy primarily benefits taxpayers. In contrast, Wisconsin allowed most custodial parents to keep all support paid on their behalf. This policy, which treats welfare and child support as complements, was evaluated through an experimental design. This paper reports the key results of the experimental evaluation, using state administrative data to examine the effects on child support outcomes and governmental cost. We find that when custodial mothers keep all child support paid on their behalf, paternity establishment occurs more quickly, noncustodial fathers are more likely to pay support, and custodial families receive more support. These outcomes are achieved at no significant governmental cost. © 2008 by the Association for Public Policy Analysis and Management.     

Preventing construction deaths: The role of public policies

Are stronger direct financial incentives or regulatory enforcement effective in reducing fatalities in the construction industry? We examine two important policies—state workers' compensation (WC) programs and federal and state Occupational Safety and Health Administration (OSHA) activities—which embody those strategies. We examine their impact by looking at state-level fatality rates in the construction industry from 1992 to 2016. Setting aside highway crashes and violence, the majority of employee deaths occur in construction. We find that states which exempt small firms from the requirement to buy WC insurance have higher fatality rates. When eligibility for compensation is restricted by longer waiting periods, fatality rates are substantially higher. More frequent federal or state OSHA inspections and, especially, consultation visits are associated with lower fatality rates, but higher average penalties are not. Limited variation in these policies over our sample period, especially for WC, makes these results suggestive rather than definitively causal.     

Democracy and State Capacity: Exploring a J‐Shaped Relationship

In this article we probe the effect of democratization on the state's administrative capacity. Using time‐series cross‐section data, we find a curvilinear (J‐shaped) relationship between the two traits. The effect of democracy on state capacity is negative at low values of democracy, nonexistent at median values, and strongly positive at high democracy levels. This is confirmed under demanding statistical tests. The curvilinear relationship is due, we argue, to the combined effect of two forms of steering and control; one exercised from above, the other from below. In strongly authoritarian states, a satisfactory measure of control from above can at times be accomplished. Control from below is best achieved when democratic institutions are fully installed and are accompanied by a broad array of societal resources. Looking at two resource measures, press circulation and electoral participation, we find that these, combined with democracy, enhance state administrative capacity.     

Trust, Trusts, and Accountability: The Role of States in College Saving Plans

With the adoption of Section 529 plans, states have played an increasing role in college savings. When parents prepay for their children's college education, states invest the proceeds with the expectation that the investment returns will cover tuition increases. In times of fiscal stress, states decrease funding for higher education, causing schools to increase tuition. Because current investment returns have not kept pace with tuition increases, state managers have an even greater burden to ensure that these funds are managed properly. Our research interest is the fiduciary role of state governments in managing these plans in a volatile investment market.     

A COMPARATIVE ANALYSIS OF RULEMAKING PROVISIONS IN STATE ADMINISTRATIVE PROCEDURE ACTS

As the primary source of procedures that state agencies must follow, state Administrative Procedure Acts (APAs) structure administrative discretion in the promulgation of rules and regulations. While the federal APA has been studied extensively, much less has been written about state procedural statutes. This article describes the major rulemaking provisions in state APAs and provides a broad, comparative, and systematic understanding of these provisions. Our analysis yields three major findings. First, state procedural statutes vary considerably in the extent to which they structure administrative discretion in rulemaking. Second, adoption of these rulemaking provisions tends to vary in a systematic way, as states first incorporate due process provisions, and then adopt responsiveness and rationality provisions. Third, in the area of procedural regulatory reform, states have made considerable strides in reforming regulatory administration.     

Policy Tool Interactions and the Adoption of State Renewable Portfolio Standards

We contribute to extant policy theory by focusing on interrelationships between existing policies and innovation. In particular, we call attention to the link between supply‐side incentives and demand‐side innovation, which has not been systematically investigated. Our research expectation is that supply‐side policies generally will complement demand‐side policy, leading to a positive impact on the adoption of demand‐side innovations. We test this idea by examining adoptions of renewable portfolio standards (RPS), a demand‐pull approach targeted to renewable energy generation by utilities, in the American states from 1991 to 2008. Event history models show that an index of supply‐side financial incentives has a strong positive influence on RPS adoption. We do not find support for the hypothesis that this effect is contingent on in‐state carbon‐based energy generation. In conclusion, we argue that the study of policy adoption needs to give greater consideration to the interrelationships among policy instruments.     

Funding Levels and Gender in Public Pension Plans

Using a comprehensive sample of 2002 and 2005 U.S. public retirement systems, we found that public pension plan underfunding grew dramatically in these years despite a good economy, increasing state tax revenues, and strong stock market returns on average, plans were only 83% funded. Teacher plans and plans with the most retirees were more underfunded. We found no significant differences related to asset allocations or actuarial assumptions about inflation and rate of return. A primary factor associated with significantly lower underfunding was more female active participants in the plan, suggesting another risk to women's retirement income.     

Politics and Corporate‐Sector Environmentally Significant Actions: The Effects of Political Partisanship on U.S. Utilities Energy Efficiency Policies

This study assesses the direct, indirect, and total impacts of political partisanship on state‐level utilities' investment in energy efficiency. This subject is of utmost importance because energy efficiency improvement has become a linchpin in worldwide efforts to combat climate change and other environmental challenges. Analysis of data on 51 electric utilities nested within 31 U.S. states indicates that political partisanship influences utilities' energy efficiency policies. There is strong evidence that electric utilities in states dominated by the Republican Party are less likely to invest in energy efficiency than those in states governed by the Democratic Party. This finding suggests that political partisanship may be shaping the policy and regulatory frameworks put in place by state governments to incentivize or compel the participation of private‐sector entities' in environmental management and/or resource conservation.