Governor Kemp’s “Georgia First” has defined a framework that can enforce the Rule of Law to make Georgia the commercial and industrial center for digitizing transportation into a $1tillion Georgia industry.
- Make Georgia #1 for Small Business
- Take a chainsaw to burdensome regulations
- Work with business people – not bureaucrats - to cut red tape and streamline state government
- Champion common sense workforce development initiatives to meet job demands
Governor Kemp’s objective can be achieved by:
- Replace: Program Standard for Rail Safety and Security Oversight
- Implement: 5X5 Standard
5X5 Standard, Governing by “What”
The 5X5 Standard is adapted from the Pacific Railroad Acts of 1862/4, the Communications Act of 1934, and the 50,000-times better safety record of Georgia’s regulation of thrill rides than Federal DOT.
///////////////// BEGIN 5X5 Standard ////////////////////
THEREFORE, BE IT RESOLVED,
The Georgia Department of Transportation and the Office of Insurance and Safety Fire Commissioner shall regulate solar-powered mobility networks to encourage the shift from an oil-powered to a sustainable economy. Commercial networks shall be granted non-exclusive access to rights-of-way if the networks:
- Are privately-funded construction;
- Are privately operated without government subsidies;
- Exceed 120 passenger-miles per gallon (5 times the efficiency on existing roads) or equivalent energy efficiency;
- Exceed safety performance of transportation modes already approved for use; and
- Gather more than 2 megawatt-hours of renewable energy per network mile per typical day.
The Georgia Department of Transportation and the Office of Insurance and Safety Fire Commissioner shall promulgate regulations for solar and renewable energy mobility networks based on the following criteria:
- System design, fabrication, installation, safety, insurance and inspection practices shall be consistent with the American Society for Testing and Materials International Committee F24 on Amusement Rides and Devices;
- Environmental approvals shall be granted to networks exceeding 5 times the efficiency of existing roads as measured in energy per passenger-mile, and
- Networks’ access may be rejected in writing for other reasons; and
- Provided, taxes and fees assessed on solar and renewable energy mobility network providers, passengers and cargo shall be limited to 5 percent of the gross revenues and shall be paid to the aggregate rights-of-way holders by the solar or renewable energy mobility network provider.
////////////////// END ////////////////////
What is the objective:
- Obey unconstitutional Federal regulations.
- Solve traffic problems for Georgians.
Traffic costs the people of Georgia $25.2 billion per year. In different niches, 90% of those costs can be converted into value by different innovators to create a commercial cluster:
- Goldman Sachs gave JPods a Letter of High Interest about JPods investing $4-6 billion in Georgia in the next 4 years.
- Hyperloops, SkyTran, and others could also invest $1-6 billion in Georgia in the next 4 years.
- Self-driving cars and local use vehicles are a different niche.
- Suppliers of digital components can locate manufacturing in Georgia.
- My guess is $60-80 billion is required to retool Georgia into an energy self-reliant and sustainable economy. Investing at this level requires an industry, not just a company. There are too many niches for a single company.
Governing by “how”:
When governments control the means of production, the “how” there are always “bread lines”:
- Soviet central planning of food resulted in bread lines.
- Traffic jams are the same as bread lines but in a different commodity. The 25 mpg efficiency of the Model-T has been locked into transportation socialism starting with The Federal-Aid Highway Act of 1916.
- Federal socialism in communications began with President Wilson Executive Order on Aug. 1, 1918.
Declaring a “living Constitution”, violating the Constitution’s Preamble, post Roads, Ports, necessary and proper, commerce, and Amendments 9 and 10 the Federal government blocked the liberties of the people to innovate and usurped State Sovereignty over internal improvements to create Federal commercial monopolies.
"The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."
The Boston Tea Party was a demonstration against a government transportation monopoly that triggered war and the Divided Sovereignty of the Preamble (restated in Amendments 9 and 10), “post Roads” and “Ports” restrictions of the US Constitution. States, not the Federal government, are sovereign over welfare and internal improvements. There are 21 Presidential vetoes that explain why powerful Congressman are forbidden from taxing all Americans to fund pork projects in their districts and for their friends.
Georgia’s Constitution specifically forbids monopolies of all types, even from the Federal government: Article I, Bill of Rights, Section VI, Paragraph V: “Shall not have the power to authorize any contract or agreement which may have the effect of or which is intended to have the effect of encouraging a monopoly, which is hereby declared to be unlawful and void.”
By nearly all measures, Federal usurpation of state sovereignty over transportation is a failure:
- Traffic costs Americans about $1.7 trillion per year and results in 35,000 deaths and 11,200 injuries per million.
- Federal transportation management created D quality roads and D- quality transit.
- Since 1916, the Federal highway monopoly replaced 46% of 470 ton-mpg efficiency railroads with 25 mpg efficiency of the Model-T. The pollution from Federal socialism is driving Climate Change.
- Federal DOT ignored calls to actions by eight Presidents to end foreign oil addiction. The week of May 17, 2019 the Federal government borrowed $432 million per day against the future labor of children to buy 7.2 million barrels per day of foreign oil.
- Federal DOT has ignored the sacrifice of soldiers in to buy time to end foreign oil addiction and answer Presidents since 1991.
- Federal DOT has known the solution to urban traffic problems and foreign oil addiction since the Congressional Office of Technology Assessment study PB-244854 was published in 1974.
Specific risks relative to Program Standard for Rail Safety and Security Oversight are stated in WikiPedia:
“Since opening for service, the Atlanta Streetcar has been criticized by officials and residents for its short route, safety, poor management, and lower-than-expected ridership. Although boosters have claimed that up to $2.5 billion worth of new development can be attributed to the streetcar, independent analysis shows that many of those projects (totaling at least $323 million) pre-date it, and others—such as the College Football Hall of Fame—had not taken the streetcar into consideration. Regardless, the streetcar has contributed to at least some economic growth; for example, Southeast Capital Companies stated that it directly influenced their decision to build residential housing near Edgewood Avenue, and the Atlantic Seafood Market saw business rise 10% in the months following the start of service.
In September 2015, officials from the Federal Transit Administration expressed concerns with the system's lack of safety, poor management, and failure to comply with requirements for reporting accidents. Atlanta mayor Kasim Reed and MARTA CEO Keith Parker have laid out steps to address those issues.
On May 23, 2016, state officials sent a letter to Kasim Reed and MARTA CEO Keith Parker threatening to shut down the streetcar unless the city fixed numerous problems with it that had been outlined in multiple then-recent audits.”
Governing by “what”:
In 1982, Federal courts declared the Federal communications monopoly unconstitutional. Governing by “how” changed to governing by standards of “what.”
Three case studies in the shift from governing “how” to governing “what”:
- Railroads - We recommend reading Nothing Like It in the World. The Pacific Railroad Act of 1986 created a performance-based framework for building the Transcontinental Railroads. It had to be amended by the 1864 version to be capitalized.
- In 1865, the cost of a ticket from NYC to San Francisco was $1,000.
- In 1869, the cost of a ticket was $67.
- Communications - After nearly a century of rotary telephones under a Federal monopoly governing “how,” Federal courts enforced the Constitution to break that monopoly and shift to performance-based standards of “what” in 1982.
- Industrial Revolution - We recommend reading Democracy in America by Alexis de Tocqueville (1835). Liberty creates the general welfare through tolerance of disruptive minorities offering choices and the Wisdom of the Many sorting those choices in the Darwinian crucible of free speech and free markets. The Industrial Revolution was a consequence of the Constitution creating governments of “what” - respect for liberty versus control of commerce.
The 5X5 Standard regulates by the simple metric of 5 times more efficient.