Emory Topicality

8/14/2019 Emory Topicality

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ENDI 08 1Topicality

TOPICALITY ENDItopicality endi..........................................................................................................................................................................1increase means to make greater..................................................................................................................................................2increase means net increase / requires pre-existence..................................................................................................................3increase requires pre-existence...................................................................................................................................................4increase doesnt require pre-existence........................................................................................................................................5increase means progressive growth............................................................................................................................................6alternative energy excludes nuclear power and fossil fuels 1nc.................................................................................................7alternative energy excludes fossil fuels and nuclear power.......................................................................................................82nc their interpretation unlimits..............................................................................................................................................9at: energy policy act of 2005 includes nuclear power as alternative energy............................................................................10alternative energy is renewable energy excludes single-use resources.................................................................................11alternative energy is non-conventional energy.........................................................................................................................12alternative energy means generating energy in ways that dont hurt the environment............................................................13alternative energy is distinct from renewable energy...............................................................................................................14alternative energy excludes fossil fuels....................................................................................................................................15alternative energy includes nuclear power...............................................................................................................................161nc incentives exclude regulations........................................................................................................................................17incentives are positive..............................................................................................................................................................18

incentives are distinct from tax credits.....................................................................................................................................19incentives are distinct from bans..............................................................................................................................................20incentives must have material effect........................................................................................................................................211nc - incentives must be linked to a particular outcome..........................................................................................................222nc incentives must be linked to a specific policy adjustment..............................................................................................232nc incentives must be linked to a specific policy adjustment..............................................................................................242nc - incentives require the but for test.................................................................................................................................25at: counterinterpretation incentives motivate action / incentives reflect market responses..................................................26at: counterinterpretation incentives motivate action..............................................................................................................27incentives require negotiations external to the federal government.........................................................................................28incentives are policies that incite action...................................................................................................................................29Incentive allows goals in addition to alternative energy..........................................................................................................30incentives are positive or negative............................................................................................................................................31

incentives are positive or negative............................................................................................................................................32incentives are positive or negative............................................................................................................................................33incentives are positive or negative............................................................................................................................................34list of alternative energy incentives......................................................................................................................................35list of alternative energy incentives......................................................................................................................................36incentives include market mechanisms....................................................................................................................................38


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ENDI 08 2Topicality

INCREASE MEANS TO MAKE GREATER

Increase means to become larger or greater in quantity

Encarta Online Dictionary . 2006. ("Increase.".)

increase [ in kr ss ]transitive and intransitive verb ( past and past participle increased, present participle increasing, 3rd person present

singular increases)Definition : make or become larger or greater: to become, or make something become, larger innumber, quantity, or degreenoun ( plural increases)

Increase means to get progressively bigger

Merriam- Websters Dictionary Online, 2006. (Increase..)

Inflected Form(s): increased ; increasingEtymology: Middle English encresen, from Anglo-French encreistre, from Latin increscere, from in- + crescere to grow --more at CRESCENTintransitive verb1 : to become progressively greater (as in size, amount, number, or intensity)2 : to multiply by the production of youngtransitive verb1 : to make greater : AUGMENT2 obsolete :

Increase means to make things larger numerically

Cambridge Dictionary Online, 2007 . (Increase.)

increase Show phoneticsverb [I or T]to (make something) become larger in amount or size:Incidents of armed robbery have increased over the last few years.The cost of the project has increased dramatically/significantly since it began.Gradually increase the temperature to boiling point.Increased/Increasing efforts are being made to end the dispute.Compare decrease.

Increase does not mean to decrease

Websters Dictionary. 1913 ("Increase." .)

In*crease" (?), v. i.To become greater or more in size, quantity, number, degree, value, intensity, power, authority, reputation, wealth; to grow;to augment; to advance; -- opposed to decrease .

Increase means to make greater

Random House Dictionary, 1987

Increase v.t. 1. To make greater, as in number, size, strength, or quality; augment; add to: to increase taxes . v.t. 2. To become greater, as in number, size, strength, or quality: Sales of automobiles increased last year.
http://www.m-w.com/cgi-bin/dictionary?book=Dictionary&va=increasehttp://www.m-w.com/dictionary/crescenthttp://www.m-w.com/dictionary/augmenthttp://dictionary.cambridge.org/define.asp?key=40073&dict=CALDhttp://www.m-w.com/cgi-bin/dictionary?book=Dictionary&va=increasehttp://www.m-w.com/dictionary/crescenthttp://www.m-w.com/dictionary/augmenthttp://dictionary.cambridge.org/define.asp?key=40073&dict=CALD


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ENDI 08 3Topicality

INCREASE MEANS NET INCREASE / REQUIRES PRE-EXISTENCE

Increase must be a net increase

Rogers, 05 (Judge, STATE OF NEW YORK, ET AL., PETITIONERS v. U.S. ENVIRONMENTAL PROTECTIONAGENCY, RESPONDENT, NSR MANUFACTURERS ROUNDTABLE, ET AL., INTERVENORS, 2005 U.S. App.LEXIS 12378, **; 60 ERC (BNA) 1791, 6/24, lexis)

[**48] Statutory Interpretation. HN16 While the CAA defines a "modification" as any physical or operational change that"increases" emissions, it is silent on how to calculate such "increases" in emissions. 42 U.S.C. 7411(a)(4) . According togovernment petitioners, the lack of a statutory definition does not render the term "increases" ambiguous, but merelycompels the court to give the term its "ordinary meaning." See Engine Mfrs.Ass'nv.S.Coast AirQualityMgmt.Dist., 541U.S. 246, 124 S. Ct. 1756, 1761, 158 L. Ed. 2d 529(2004) ; Bluewater Network, 370 F.3d at 13 ; Am. Fed'n of Gov'tEmployees v. Glickman, 342 U.S. App. D.C. 7, 215 F.3d 7, 10 [*23] (D.C. Cir. 2000) . Relying on two "real world"analogies, government petitioners contend that the ordinary meaning of "increases" requires the baseline to be calculatedfrom a period immediately preceding the change. They maintain, for example, that in determining whether a high-pressureweather system "increases" the local temperature, the relevant baseline is the temperature immediately preceding the arrivalof the weather system, not the temperature five or ten years ago. Similarly, [**49] in determining whether a new engine"increases" the value of a car, the relevant baseline is the value of the car immediately preceding the replacement of theengine, not the value of the car five or ten years ago when the engine was in perfect condition.

Increase requires evidence of the preexisting condition

Ripple, 87 (Circuit Judge, Emmlee K. Cameron, Plaintiff-Appellant, v. Frances Slocum Bank & Trust Company, StateAutomobile Insurance Association, and Glassley Agency of Whitley, Indiana, Defendants-Appellees, 824 F.2d 570; 1987U.S. App. LEXIS 9816, 9/24, lexis)

Also related to the waiver issue is appellees' defense relying on a provision of the insurance policy that suspends coveragewhere the risk is increased by any means within the knowledge or control of the insured. However, the term "increase"connotes change. To show change, appellees would have been required to present evidence of the condition of the buildingat the time the policy was issued. See 5 J. Appleman & J. Appleman, Insurance Law and Practice, 2941 at 4-5 (1970).Because no such evidence was presented, this court cannot determine, on this record, whether the risk has, in fact, beenincreased. Indeed, the answer to this question may depend on Mr. Glassley's knowledge of the condition of the building atthe time the policy was issued, see 17 J. Appleman & J. Appleman, Insurance Law and Practice, 9602 at 515-16 (1981),

since the fundamental issue is whether the appellees contemplated insuring the risk which incurred the loss.
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ENDI 08 4Topicality

INCREASE REQUIRES PRE-EXISTENCE

Increase requires pre-existence

Buckley et al, 06 - attorney (Jeremiah, Amicus Curiae Brief, Safeco Ins. Co. of America et al v. Charles Burr et al,http://supreme.lp.findlaw.com/supreme_court/briefs/06-84/06-84.mer.ami.mica.pdf )

First, the court said that the ordinary meaning of the word increase is to make something greater, which it believedshould not be limited to cases in which a company raises the rate that an individual has previously been charged. 435F.3d at 1091. Yet the definition offered by the Ninth Circuit compels the opposite conclusion. Because increase meansto make something greater, there must necessarily have been an existing premium, to which Edos actual premium may

be compared, to determine whether an increase occurred. Congress could have provided that ad-verse action in theinsurance context means charging an amount greater than the optimal premium, but instead chose to define adverse actionin terms of an increase. That def-initional choice must be respected, not ignored. See Colautti v. Franklin, 439 U.S. 379,392-93 n.10 (1979) ([a] defin-ition which declares what a term means . . . excludes any meaning that is not stated).

Next, the Ninth Circuit reasoned that because the Insurance Prong includes the words existing or applied for, Congressintended that an increase in any charge for insurance must apply to all insurance transactions from an initial policy of insurance to a renewal of a long-held policy. 435 F.3d at 1091. This interpretation reads the words exist-ing or appliedfor in isolation. Other types of adverse action described in the Insurance Prong apply only to situations where a consumer had an existing policy of insurance, such as a cancellation, reduction, or change in insurance. Each of these forms

of adverse action presupposes an already-existing policy, and under usual canons of statutory construction the termincrease also should be construed to apply to increases of an already-existing policy. See Hibbs v. Winn, 542 U.S. 88,101 (2004) (a phrase gathers meaning from the words around it) (citation omitted).

Increase requires pre-existence

Brown, 03 US Federal Judge for the UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON(ELENA MARK and PAUL GUSTAFSON, Plaintiffs, v. VALLEY INSURANCE COMPANY and VALLEYPROPERTY AND CASUALTY, Defendants, 7/17, lexis)

FCRA does not define the term "increase." The plain and ordinary meaning of the verb "to increase" is to make somethinggreater or larger. 4 Merriam-Webster's [**22] Collegiate Dictionary 589 (10th ed. 1998). The "something" that isincreased in the statute is the "charge for any insurance." The plain and common meaning of the noun "charge" is "the pricedemanded for something." Id. at 192. Thus, the statute plainly means an insurer takes adverse action if the insurer makes

greater (i.e., larger) the price demanded for insurance.An insurer cannot "make greater" something that did not exist previously. The statutory definition of adverse action,therefore, clearly anticipates an insurer must have made an initial charge or demand for payment before the insurer canincrease that charge. In other words, an insurer cannot increase the charge for insurance unless the insurer previously setand demanded payment of the premium for that insured's insurance [**23] coverage at a lower price.
http://supreme.lp.findlaw.com/supreme_court/briefs/06-84/06-84.mer.ami.mica.pdfhttp://supreme.lp.findlaw.com/supreme_court/briefs/06-84/06-84.mer.ami.mica.pdf


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ENDI 08 5Topicality

INCREASE DOESNT REQUIRE PRE-EXISTENCE

Increase doesnt require pre-existence

Reinhardt, 05 U.S. Judge for the UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT (Stephen,JASON RAY REYNOLDS; MATTHEW RAUSCH, Plaintiffs-Appellants, v. HARTFORD FINANCIAL SERVICESGROUP, INC.; HARTFORD FIRE INSURANCE COMPANY, Defendants-Appellees., lexis)

Specifically, we must decide whether charging a higher price for initial insurance than the insured would otherwise have been charged because of information in a consumer credit report constitutes an "increase in any charge" within the meaningof FCRA. First, we examine the definitions of "increase" and "charge." Hartford Fire contends that, limited to their ordinarydefinitions, these words apply only when a consumer has previously been charged for insurance and that charge hasthereafter been increased by the insurer. The phrase, "has previously been charged," as used by Hartford, refers not only toa rate that the consumer has previously paid for insurance but also to a rate that the consumer has previously been quoted,even if that rate was increased [**23] before the consumer made any payment. Reynolds disagrees, asserting that, under [*1091] the ordinary definition of the term, an increase in a charge also occurs whenever an insurer charges a higher ratethan it would otherwise have charged because of any factor--such as adverse credit information, age, or driving record 8--regardless of whether the customer was previously charged some other rate. According to Reynolds, he was charged anincreased rate because of his credit rating when he was compelled to pay a rate higher than the premium rate because hefailed to obtain a high insurance score. Thus, he argues, the definitions of "increase" and "charge" encompass the insurance

companies' practice. Reynolds is correct.Increase" means to make something greater. See, e.g., OXFORD ENGLISH DICTIONARY (2d ed. 1989) ("The action,

process, or fact of becoming or making greater; augmentation, growth, enlargement, extension."); WEBSTER'S NEWWORLD DICTIONARY OF AMERICAN ENGLISH (3d college ed. 1988) (defining "increase" as "growth, enlargement,etc[.]"). "Charge" means the price demanded for goods or services. See, e.g., OXFORD ENGLISH DICTIONARY (2d ed.1989) ("The price required or demanded for service rendered, or (less usually) for goods supplied."); WEBSTER'S NEWWORLD DICTIONARY OF AMERICAN ENGLISH (3d college ed. 1988) ("The cost or price of an article, service, etc.").

Nothing in the definition of these words implies that the term "increase in any charge for" should be limited to cases inwhich a company raises the rate that an individual has previously been charged.


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ENDI 08 6Topicality

INCREASE MEANS PROGRESSIVE GROWTH

Increase means progressive growth

Philips, 02 - UNITED STATES BANKRUPTCY JUDGE (Louis, IN RE LAWRENCE D. GOLDBERG, DEBTOR;DWAYNE M. MURRAY, TRUSTEE, PLAINTIFF VERSUS MAE M. STACY TRUST AND F. EUGENERICHARDSON, DEFENDANTS, 5/1, lexis) (emphasis in the original)

In determining the plain meaning of the phrase "increases the obligor's insolvency," the Court initially notes that this phrasemakes no reference whatsoever [**50] to a "reasonably equivalent value" test 26 or even to the "fair consideration" test of the Section 3 of the UFCA. 27 Instead, Article 2036 of the Civil Code merely uses the word "increases," and the absence of "reasonably equivalent value" language or "fair consideration" language rings loudly in the Court's judicial ear.Accordingly, the Court will focus on the plain meaning of the term "increases." Taking note from one of the dictionaries of choice of the United States Supreme Court, 28 the Court finds that the definition of the word "increase" in Webster's Ninth

New Collegiate Dictionary reads as follows:[*270] To become progressively greater (as in size, amount, number, or intensity). . . . to make greater:

AUGMENT. . . . INCREASE, ENLARGE, AUGMENT, MULTIPLY mean to make or become greater. INCREASE usedintransitively implies progressive growth in size, amount, intensity; used transitively it may imply simple not necessarily

progressive addition. . . the act or process of increasing : as . . . addition or enlargement in size, extent, quantity.Webster's Ninth New Collegiate Dictionary 611 (1990) (emphasis added).

As Webster's Dictionary states, the word "increase" means a progressive growth, that is, an incremental [**52] growth.Such progressive and incremental growth implies that when Article 2036 was drafted, the codifiers used the simple andeasily-understood word "increase" because they meant to imply a "dollar-for-dollar" increase in the obligor's insolvency,rather than a "reasonably equivalent value" increase. Otherwise, the codifiers would not have chosen to use the word"increase" with no obvious limitation on its meaning. Moreover, since Article 2036 was crafted in 1984, well after theUFCA, which was enacted in 1918, the drafters of Article 2036 must have been well aware of the "fair consideration"requirement in Section 3 of the UFCA, and chose not to adopt such a limitation. Therefore, the Court may reasonablyconclude that HN19Go to this Headnote in the case.the plain meaning of "increases the obligor's insolvency" means a"dollar-for-dollar," incremental growth, rather than insolvency as measured by a "reasonably equivalent value" standard.As of this stopping place, the Court has performed its task under the Louisiana Civil Code: to ferret out the plain meaningof Article 2036 of the Louisiana Civil Code from the words of the article, itself, if possible. However, the Court will resortto other modes of statutory construction [**53] in support of its "plain meaning" analysis, primarily to assure ourselvesthat the apparently groundless arguments of the defendants really are so.. Positing for argument purposes only (of course)

that the phrase "increases the obligor's insolvency" is susceptible of more than one meaning (i.e., a "reasonably equivalentvalue" meaning), analysis of the purpose of the Louisiana revocatory action and of its legislative history is now offered.


7/38

ENDI 08 7Topicality

ALTERNATIVE ENERGY EXCLUDES NUCLEAR POWER AND FOSSILFUELS 1NC

A. Interpretation - Alternative energy excludes nuclear and all fossil fuels

Simon, 07 professor of political science at the University of Nevada, Reno (Christopher, Alternative energy: political,

economic, and social feasibility, p. 39-40)

The federal definition of alternative energy is best summarized by Title 26, chapter 79, 7701 of the revised U.S. Code:the term alternative energy facility means a facility for producing electrical or thermal energy if the primary energysource for the facility is not oil, natural gas, coal, or nuclear power. The primary purpose of this definition relates to theissuance of tax credits to alternative energy facility[ies], which meet certain standards as defined in Title 26, chapter 1,48 Energy Credit. Tax credits are one method by which the federal government encourages the private sector to makecertain economic choices; in the case of energy policy, this definition of alternative energy will have a definitive impact onhow alternative energy will be defined by those individuals and corporate bodies seeking federal recognition (and benefit)

by adopting a particular definition of alternative energy. Many state definitions of alternative energy closely follow federaldefinitions. Case law confirms that federal guidelines supercede state-level guidelines. Federal standards also impact thestate and local receipt of alternative energy grants, subsidies, and tax exemptions. It is reasonable, therefore that state andlocal definitions would be consistent with federal policy. Consistency between federal and state definitions does not meanthere are not a few variations. In many ways, variation at the state level illustrates the dynamic and evolving alternativeenergy paradigm, which is by no means unique to the U.S. policy process.

B. Violation the plan uses either fossil fules or nuclear power

C. This is a voting issue

1. Limits - their interpretation explodes the topic there are already literally dozens of unpredictable incentive mechanismswhich means holding the line on what constitutes alternative energy is the only way the negative has a chance.

2. Predictability our definition is based on U.S. code, its how the federal government defines it which is the most predictable on a topic about federal government policy.

3. Potential abuse is a voting issue it overstretches our research burdens and undermines preparedness for all debates


8/38

ENDI 08 8Topicality

ALTERNATIVE ENERGY EXCLUDES FOSSIL FUELS AND NUCLEARPOWER

Alternative energy excludes nuclear and fossil fuels U.S. code

U.S. Code, 08 (TITLE 26. INTERNAL REVENUE CODE, 26 USCS 7701, current as of 4/25/08, lexis0

(D) Alternative energy facility. For purposes of subparagraph (A), the term 'alternative energy facility' means a facility for producing electrical or thermal energy if the primary energy source for the facility is not oil, natural gas, coal, or nuclear power.

Alternative energy excludes nuclear and fossil fuels

Bertinelli, 87 - Judge (William, Court of Appeal of California, First Appellate District, Division Four, 195 Cal. App. 3d982; 241 Cal. Rptr. 215; 1987 Cal. App. LEXIS 2255, 10/28, lexis)

17 Public Resources Code section 26003, subdivision (d), defines alternative energy sources as including geothermalsources of energy and any other source of energy, "the efficient use of which will reduce the use of fossil and nuclear fuels."

Alternative energy excludes fossil fuels and nuclear powerRepublic of Korea, 97 (Act on the Promotion of the Development and Use of Alternative Energy.,http://faolex.fao.org/docs/texts/kor51024.doc )

Article 2 (Definition)

The definition of terms used in this Act shall be as follows:

1.The term "alternative energy" means other energy resources than petroleum, coal, atomic energy, or natural gas,which fall under one of the following subparagraphs:(a) Solar energy;(b) Bio energy;(c) Wind force;

(d) Small hydraulic power;(e) Fuel cells;(f) Energy from liquefied or gasified coal, and from gasified heavy residual oil;(g) Energy from the ocean;(h) Energy from waste treatment;(i) Geothermal energy;(j) Hydrogenous energy; and(k) Other sources of energy prescribed by the Presidential Decree;
http://faolex.fao.org/docs/texts/kor51024.dochttp://faolex.fao.org/docs/texts/kor51024.doc


9/38

ENDI 08 9Topicality

2NC THEIR INTERPRETATION UNLIMITS

Their interpretation unlimits deviating from the federal definition of alternative energy means alternative types of oil and natural gas use are also topical

Hasan, no date - President of the Altenews Company (Russell, Introduction to Alternative Energy,http://www.altenews.com/Alternative%20Energy%20Overview.pdf

Aside from renewable energy, there are also alternative energy areas in oil and natural gas, which consists of alternative oiland gas exploration. The traditional reserves of oil and natural gas are becoming depleted, and the global economysinsatiable demand for energy will make previously untapped reserves of oil and natural gas highly profitable. Alternativeoil and gas exploration will find and exploit deposits of oil and gas that will help serve to supply energy to the globaldemand as resources become scarce. The various forms of alternative oil and gas exploration include oil sand, shale oil,

basin centered gas accumulation, tight gas, and coal bed methane, as well as other areas.Two kinds of alternative oil exploration are oil sand, which is also called tar sand, and shale oil. Oil sand is a kind of sandfrom which oil can be extracted. There are large oil sand reserves in western Canada, centered in the Alberta region, somuch so that it makes Canada a major potential source of oil on equal footing with the Middle East, and the exploration of oil sand is a very hot area. A growing oil extraction infrastructure has grown up around the Canadian oil sands, and thereare many opportunities in that area.Shale oil is another kind of energy consisting of oil pressed from shale. There are shale oil reserves in Utah and elsewhere,and this is a very interesting field. Companies are competing for the rights to develop shale oil, and as the infrastructurecomes on line shale oil could produce a lot of oil. Oil sand and shale oil represent sources of oil that have not been

previously tapped, and if the oil can be extracted through cost effective methods then oil sand and shale oil could becomehighly profitable, as they will produce oil from nontraditional reserves that have not been depleted in a future when mosttraditional resources will have run out. This area is very exciting for energy companies as the traditional sources of oil dryup, and there are many companies currently working to exploit oil sand and shale oil reserves.Methods of alternative natural gas exploration include basin centered gas accumulation, in which gas in a basin isextracted, tight gas, in which the gas is difficult to get to, coal bed methane, in which natural gas is extracted from coal

beds, and gas to liquid technology, in which natural gas from distant locations is converted to a liquid for the purpose of transportation. It should be noted that natural gas is the cleanest of all the fossil fuels in terms of the toxic emissionsreleased when it is burned, and it can be useful for electricity generation and home heating. These technologies should beclosely watched as traditional oil and gas reserves become depleted.


10/38

ENDI 08 10Topicality

AT: ENERGY POLICY ACT OF 2005 INCLUDES NUCLEAR POWER ASALTERNATIVE ENERGY

1. This is factually incorrect, their article is from an unqualified staff writer who clearly did no fact checking. If its true,then it should be relatively easy for the aff to produce an actual card from the Energy Policy Act that confirms this.

2. The only place the Energy Policy Act uses the phrase alternative energy has nothing to do with nuclear power,and it never defines the term

Energy Policy Act of 2005 ( PUBLIC LAW 109-58, lexis)

(b) Energy Programs.--The Commission shall use amounts made available under subsection (d) to carry out energy programs, including--

(1) energy generation and development, including--

(A) fuel cells, hydroelectric, solar, wind, wave, and tidal energy; and

(B) alternative energy sources;

(2) the construction of energy transmission, including interties;

(3) the replacement and cleanup of fuel tanks;

(4) the construction of fuel transportation networks and related facilities;

(5) power cost equalization programs; and

(6) projects using coal as a fuel, including coal gasification projects.


11/38


ALTERNATIVE ENERGY IS RENEWABLE ENERGY EXCLUDES SINGLE-USE RESOURCES

Alternative energy is renewable energy excludes uranium because its a single use resource

ABS Alaskan, 08 ( Alternative Energy Information, http://www.absak.com/library/alternative-renewable-energy)

The term "alternative energy" (also: renewable energy) encompasses a variety of power generation sources. Generally, itrefers to electrical power derived from "renewable" resources such as solar or wind energy, as opposed to "single-use"resources such as coal or uranium. The most common forms of alternative energy available for homeowner use today aresolar power, wind power and "micro-hydro" power.


12/38


ALTERNATIVE ENERGY IS NON-CONVENTIONAL ENERGY

Alternative energy excludes conventional sources of energy nuclear power is a fully conventional source

Welter, 07 - Ph.D. in Nuclear Engineering from Oregon State University and Executive Committee Member, EnviromentalSciences Division, American Nuclear Society (Kent, Nuclear Power, 5/9,http://en.allexperts.com/q/Nuclear-Power-2462/Alternative-Energy.htm

QuestionOk. I'm going to play devil's advocate and say, "There are alternative fuels instead of nuclear power plants that can replacefossil fuels. For instance, hydroleuic power, wind power, solar power, and geothermal power." What can you say aboutthis?Answer Let's start by defining some terms, so that we're on the same page. Fuel is a substance that can be transformed (by burning,nuclear reaction, etc) into useful forms of energy through work (turning of a turbine, cylinders in a car, etc), to produceelectricity (in our case). Usually, we speak of alternative fuels when talking about replacements for gas in car engines andalternative energy when speaking about power plants. By the nature of your question, I will assume we are speaking aboutalternative energy.This is a funny term to me, actually, because it is a catch phrase picked up by the mainstream news to describe everything

but coal, gas, and nuclear power plants, which make up about 80% of our electricity generation. My opinion is that we

always need a healthy mix of energy solutions at any one time and should strive for increasing our reliance on renewableand more environmentally conscious energy sources. Infrastructure development takes a long time. Power plants areordered ten years in advance. Even if new technologies become more viable, we still need to wait a while for them to comeonline. They are very large structures and take a lot of time to build. Anyway, digressing a little again.

Nuclear and coal are considered baseload power. They provide the backbone of the US energy grid. As power demandschange daily, weekly, seasonally, other plants come online to fill in the gaps. Namely wind, hydro, gas, and solar. One of the reasons is that the energy density of these other power sources is much less than coal or nuclear. Because of its hugeenvironmental impact, hydro dams probably won't be built anymore. I mean, you have to flood an entire valley! But weshould rely on the ones we currently have, since they are considered renewable. As for solar, this technology is better suitedfor distributed power. In other words, better suited for individuals or organizations to power their own buildings, it willnever become viable as a large scale energy source because you are limited by physics. There is only a certain amount of energy that gets transported by the sun to earth per square foot of ground. That will never change. Even if solar panels are100% efficient, you can't change the fact that the sun only shines 50% of the time on the ground and really doesn't transfer

a whole lot of energy to the earth at a local scale. In total, yes, but not on a square foot bases.

Alternative energy must be nontraditionalEPA, 06 (Environmental Protection Agency Terminology Reference System,http://iaspub.epa.gov/trs/trs_proc_qry.navigate_term?p_term_id=688&p_term_cd=TERM )

alternative energyEnergy derived from nontraditional sources (e.g., compressed natural gas, solar, hydroelectric, wind ). (Source: Office of Policy : Inventory of U.S. Greenhouse Gas Emissions and Sinks. Annex T: Glossary Term Detail )
http://en.allexperts.com/q/Nuclear-Power-2462/Alternative-Energy.htmhttp://iaspub.epa.gov/trs/trs_proc_qry.navigate_term?p_term_id=688&p_term_cd=TERMhttp://iaspub.epa.gov/trs/trs_proc_qry.org_info?P_REG_AUTH_ID=9&p_list_option_cd=ORGhttp://iaspub.epa.gov/trs/trs_proc_qry.org_info?P_REG_AUTH_ID=9&p_list_option_cd=ORGhttp://iaspub.epa.gov/trs/trs_proc_qry.org_info?P_REG_AUTH_ID=9&p_list_option_cd=ORGhttp://iaspub.epa.gov/trs/trs_proc_qry.org_info?P_REG_AUTH_ID=1&P_DATA_ID=20023&p_version=1&p_list_option_cd=INFOhttp://iaspub.epa.gov/trs/trs_proc_qry.org_info?P_REG_AUTH_ID=1&P_DATA_ID=20023&p_version=1&p_list_option_cd=INFOhttp://iaspub.epa.gov/trs/trs_proc_qry.org_info?P_REG_AUTH_ID=1&P_DATA_ID=20023&p_version=1&p_list_option_cd=INFOhttp://iaspub.epa.gov/trs/trs_proc_qry.navigate_term?p_term_id=291018&p_term_cd=TERMDIShttp://en.allexperts.com/q/Nuclear-Power-2462/Alternative-Energy.htmhttp://iaspub.epa.gov/trs/trs_proc_qry.navigate_term?p_term_id=688&p_term_cd=TERMhttp://iaspub.epa.gov/trs/trs_proc_qry.org_info?P_REG_AUTH_ID=9&p_list_option_cd=ORGhttp://iaspub.epa.gov/trs/trs_proc_qry.org_info?P_REG_AUTH_ID=9&p_list_option_cd=ORGhttp://iaspub.epa.gov/trs/trs_proc_qry.org_info?P_REG_AUTH_ID=1&P_DATA_ID=20023&p_version=1&p_list_option_cd=INFOhttp://iaspub.epa.gov/trs/trs_proc_qry.navigate_term?p_term_id=291018&p_term_cd=TERMDIS


13/38


ALTERNATIVE ENERGY MEANS GENERATING ENERGY IN WAYS THATDONT HURT THE ENVIRONMENT

Alternative energy means energy production that doesnt hurt the environment

Compact Oxford English Dictionary, 08 (http://www.askoxford.com/concise_oed/alternativeenergy?view=uk)

alternative energy

noun energy fuelled in ways that do not use up natural resources or harm the environment.


14/38


ALTERNATIVE ENERGY IS DISTINCT FROM RENEWABLE ENERGY

Alternative energy is distinct from renewable energy


An overview of the various kinds of alternative energy follows. At the outset we must differentiate between alternativeenergy, and renewable energy. Alternative energy refers to any form of energy which is an alternative to the traditionalfossil fuels of oil, natural gas and coal. Renewable energy are the forms of alternative energy that are renewed by thenatural processes of the Earth, such as sunlight from the sun or wind from the air, and so are environmentally friendly. Wecover all alternative energies, but we will begin the overview with the renewable energy sources.

Alterantive doesnt have to be renewable

Torridge District Council, no date (Glossary,http://www.torridge.gov.uk/onlineplan/written/cpt28.htm )

Alternative EnergyEnergy generated from alternatives to fossil fuel. Need not be renewable.
http://www.torridge.gov.uk/onlineplan/written/cpt28.htmhttp://www.torridge.gov.uk/onlineplan/written/cpt28.htm


15/38


ALTERNATIVE ENERGY EXCLUDES FOSSIL FUELS

Alternative energy is opposed to fossil fuels

Natural Resources Defense Council, no date (Glossary of Environmental Terms,http://www.nrdc.org/reference/glossary/a.asp)

alternative energy - energy that is not popularly used and is usually environmentally sound , such as solar or wind energy(as opposed to fossil fuels ).

Alternative energy is any alternative to conventional fossil fuels

Henderson, 06 - University of Baltimore (Lenneal, Alternative Energy: Public Policy Dynamics, Delivered at theConference on Alternative Energy, Auburn University at Montgomery, October 24, 2006,http://www.eng.auburn.edu/altenergy/ppt/Henderson-Public.ppt )

Alternative energy: any alternative to conventional fossil fuel useIncludes fuel source: active, passive, photovoltaic solar; wind; geothermal; biomass; biofuels (switchgrass, biodiesel,ethanol, etc.); nuclear

Alterantive energy excludes fossil fuelsEncarta World Dictionary, 07 (http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861685359)

alternative energynounDefinition:naturally generated energy source: any form of energy obtained from the Sun, wind, waves, or another natural renewablesource, in contrast to energy generated from fossil fuels
http://www.nrdc.org/reference/glossary/f.asp#fossilfuelhttp://www.nrdc.org/reference/glossary/f.asp#fossilfuelhttp://www.eng.auburn.edu/altenergy/ppt/Henderson-Public.ppthttp://www.nrdc.org/reference/glossary/f.asp#fossilfuelhttp://www.eng.auburn.edu/altenergy/ppt/Henderson-Public.ppt


16/38


ALTERNATIVE ENERGY INCLUDES NUCLEAR POWER

Recent legislation defines nuclear power as alternative energy

Winter, 07 (Drew, EJ Magazine, Nuclear Renaissance,http://www.ejmagazine.com/2007b/pdfs/nuclear.pdf

The reason for the sudden interest in nuclear power is due largely to a streamlined licensing process and the Energy PolicyAct of 2005.The act, sponsored by Sen. Joseph Lieberman, D-Conn, and Sen. John McCain, R-Ariz., grants numerous subsidies toutilities building nuclear power plants. These plants are listed as an alternative energy source along with wind, solar andother so-called green options. Subsidies include up to $125 million in annual tax credit, an 80 percent loan on constructioncosts and other benefits for reactors using new technology.

Alternative energy includes nuclear power

Random House, 06 (http://dictionary.reference.com/search?q=alternative+energy&r=66)

alternative energynounenergy, as solar, wind, or nuclear energy, that can replace or supplement traditional fossil-fuel sources, as coal, oil, andnatural gas.

Nuclear power is alternative energy


One last kind of alternative energy to discuss is nuclear power. Often classified as a traditional power source, it is possibleto think of nuclear as an alternative to fossil fuels. Nuclear power plants do not produce air pollution, so they are cleancompared to oil, gas and coal. However, nuclear power produces radioactive waste as a byproduct, and nuclear reactor accidents can have catastrophic effects, so the environmental value of nuclear is debatable. However, it cannot be deniedthat nuclear power can replace fossil fuels to some extent as they run out, and there are many countries around the worldthat are currently planning to build new nuclear power plants.
http://www.ejmagazine.com/2007b/pdfs/nuclear.pdfhttp://www.altenews.com/Alternative%20Energy%20Overview.pdfhttp://www.ejmagazine.com/2007b/pdfs/nuclear.pdfhttp://www.altenews.com/Alternative%20Energy%20Overview.pdf


17/38


1NC INCENTIVES EXCLUDE REGULATIONS

A. Incentive are positive inducements this excludes requirements

Turnbull et al, 01 - professor of Special Education and Courtesy Professor of Law, Co-Director of the Beach Center onFamilies and Disability, University of Kansas (Ann, 30 J.L. & Educ. 445 (2001), IDEA, Positive Behavioral Supports, andSchool Safety, Hein Online)

The term "incentive" is different from the term "requirement." An incentive is a positive reason for acting; a requirement isa legal duty to act. The differ-ence in meaning is consistent with our argument above that the PBS provisions do create a

presumption in favor of that technology.

B. Violation the plan is a regulatory mandate, not solely a positive inducement


1. Limits there are already dozens of positive inducements across dozens of potential types of alternative energy, theymake the topic too broad by including an entire new class of plan mechanisms

2. Negative ground they make the topic bidirectional, including disincentives means we need an entire new category of

negative arguments because the stick approach is radically distinct from the carrot

Harris, 89 professor of law at the University of Illinois (Fred, 49 La. L. Rev. 1315 (1988-1989) Automobile EmissionsControl Inspection and Maintenance Program: Making It More Palatable to Coerced Participants, Hein Online)

53. The term "incentives," for purposes of this Article, means those devices that induce one into doing something becauseof the prospect of reward and, therefore, engender a positive feeling within the actor. An example of incentives in this sensewould be tax incentives like credits and/or deductions. But it appears that Congress, some courts and a few commentatorshave taken a broader view of incentives and have categorized items such as extensions to compliance deadlines and, mostnotably, sanctions in the Act-denials of federal grants and bans on construction in the event of noncompliance-asincentives to compliance. To be sure, these latter items may induce compliance but surely not because of the extension of a"carrot." Instead, they epitomize the "stick" or "disincentive" approach to behavioral modification.



18/38


INCENTIVES ARE POSITIVE

Incentives even broadly defined must be positive they exclude negative penalties

Knowler, 99 - UN Food and Agricultural Organization (D., Incentive Systems for Natural Resource Management: TheRole of Indirect Incentives, ftp://ftp.fao.org/docrep/fao/007/x2247e/x2247e00.pdf)

1.8 Incentives may be broadly defined, as in everything that motivates or stimulates people to act (Giger 1996). What isimportant about such a broad definition is that it allows for incentives to be of either a passive or an active nature. In theformer case, we can think of incentives as signals in the producers environment which influence decision-making aboutfarming practices, whether intended or otherwise. Many macroeconomic policies, being remote from the producer andtargeted at objectives other than promoting sustainable farming practices, would fit into this category. In contrast, thenotion of active refers to a governments ability to actually design or modify policies with a desire to bring about certainconservation outcomes. McNeely (1988), for example, refers to this concept of incentive when he defines incentives asany inducement which is specifically intended to incite or motivate governments, local people, and internationalorganizations (p.38-39). We draw this distinction because of the need to consider both active and passive aspects whenassessing the importance of incentives for NRM. While governments may be most concerned with the design of good

policies aimed at improving NRM, they need to be cognizant of the sometimes counterproductive influence exerted by a poor incentive structure, in the passive sense.1.9 McNeely (1988) also makes the useful distinction between incentives, disincentives and perverse incentives. In contrast

to incentives, which we have described above, disincentives are purposely designed to discourage particular behavioursand can include taxes, fines and various other penalties or moral suasion. For purposes of this study, we will not consider disincentives as distinct from incentives per se, but it is useful to be aware of the distinction. In contrast, perverseincentives incite resource users to damage or deplete the resources in question in a socially inefficient manner and areclosely related to the concept of policy failure, which is discussed in Chapter 2.

Incentives are an offer of value meant to alter a course of action

Grant, 02 - professor of political science at Duke University (Ruth, THE ETHICS OF INCENTIVES: HISTORICALORIGINS AND CONTEMPORARY UNDERSTANDINGS, Economics and Philosophy, 18 (2002) 111, proquest)

Increasingly in the modern world, incentives are becoming the tool we reach for when we wish to bring about change. Ingovernment, in education, in health care, between and within institutions of all sorts, incentives are offered to steer

people's choices in certain directions. But despite the increasing interest in ethics and economics, the ethics of the use of

incentives has raised very little concern. From a certain point of view, this is not surprising. When incentives are viewedfrom the perspective of market economics, they appear to be entirely unproble-matic. An incentive is an offer of somethingof value, sometimes with a cash equivalent and sometimes not, meant to influence the payoff structure of a utilitycalculation so as to alter a person's course of action. In other words, the person offering the incentive means to make onechoice more attractive to the person responding to the incentive than any other alternative. Both parties stand to gain fromthe resulting choice. In effect, it is a form of trade, and as such, it meets certain ethical requirements by definition. A tradeinvolves voluntary action by all parties concerned to bring about a result that is beneficial to all parties concerned. If theseconditions were not met, the trade would simply not occur. And as inducements in a voluntary transaction, incentivescertainly have the moral high ground over coercion as an alternative.

Incentives are subsidies and financial assistance

Energy Information Administration, 01 (US Department of Energy, Renewable Energy 2000: Issues and Trends,February, http://tonto.eia.doe.gov/ftproot/renewables/06282000.pdf )

The term incentive is used instead of subsidy. Incentives include subsidies in addition to other Government actionswhere the Governments financial assistance is indirect. A subsidy is, generally, financial assistance granted by theGovernment to firms and individuals.
ftp://ftp.fao.org/docrep/fao/007/x2247e/x2247e00.pdfhttp://tonto.eia.doe.gov/ftproot/renewables/06282000.pdfftp://ftp.fao.org/docrep/fao/007/x2247e/x2247e00.pdfhttp://tonto.eia.doe.gov/ftproot/renewables/06282000.pdf


19/38


INCENTIVES ARE DISTINCT FROM TAX CREDITS

Incentives are distinct from tax credits they require l inking behavior to future action, not credit for actionsalready taken

Bingel, 04 - senior manager of state and local taxes with Smart and Associates LLP(Gary, Getting to the STATE'SCAPITAL: Negotiating Business Incentives, Pennsylvania CPA Journal. Summer, proquest)

When considering financial assistance from governmental authorities, it is important to keep in mind the definitions of "incentive" and "credit." "Incentive" is something that stimulates one to take action,1 and "credit" is to give deservedcommendation for; to commend one for.2 These concepts are at the root of why governments give assistance to businessesin the form of incentives and tax credits. Incentive programs are usually offered to stimulate businesses to take some formof action, and are considered forward-looking. Tax credits are often offered to reward businesses that took some form of desired action, and are a reaction to steps already taken. There are some programs, however, that combine these concepts,such as negotiated tax credits and those that require preapproval, that are used to promote some future action. There are alsoincentives programs that, while negotiated and subject to preapproval, are only rewarded once a specified action, or

promise, has been fulfilled. The following discussion will focus on true incentives programs, those that require preapprovaland negotiation, as opposed to pure tax credits, which merely reward past behavior and that do not require any form of

preapproval or negotiation.


20/38


INCENTIVES ARE DISTINCT FROM BANS

Regulatory incentives are distinct from bans they require some discretion

Uri, 03 Senior Industry Economist in the Pricing Policy Division, Wireline Competition Bureau, FederalCommunications Commission (Noel, The change in technical and allocative efficiency of local exchange carriers in theUnited States Info : the Journal of Policy, Regulation and Strategy for Telecommunications, Information and Media.Bradford: 2003. Vol. 5, Iss. 3; pg. 53, 12 pgs, proquest)

Incentive regulation is typically defined as the implementation of rules that encourage a regulated firm to achieve desiredgoals by granting some, but not complete, discretion to the firm. Three aspects of this definition of incentive regulation areimportant. First, regulatory goals must be clearly specified before incentive regulation is designed. The properties of the

best incentive regulation plan will vary according to the goals the plan is designed to achieve. Second, the regulated firm isgranted some discretion under incentive regulation. For example, while the firm may be rewarded for reducing its operatingcosts, it is not told precisely how to reduce these costs. Third, the regulator imposes some restrictions on relevant activitiesor outcomes under incentive regulation (Baron, 1991; Bernstein and Sappington, 1999).One popular incentive regulation plan is the price cap plan. The central idea behind price cap regulation is to control the

prices charged by the regulated firm, rather than its earnings. Essentially, price cap regulation plans require the regulatedfirm's average real prices to fall annually by a specified percentage (Mitchell and Vogelsang, 1991). This percentage isnominally referred to as the "X-factor" or the productivity offset[1].


21/38


INCENTIVES MUST HAVE MATERIAL EFFECT

Incentives are limited to cash or in-kind transfers to speed up adoption

Cooley, 07 - CRANFIELD UNIVERSITY, Thesis submitted for a degree in Masters of Science (Suzannah, GROWTHOF THE UK LOW CARBON DIOXIDE AND ALTERNATIVE TECHNOLOGY VEHICLE MARKET:INVESTIGATING INFLUENTIAL FACTORS IN THE ADOPTION OF LOW CARBON VEHICLES, September,https://dspace.lib.cranfield.ac.uk/bitstream/1826/2401/1/Sue%20Cooley%20Thesis%20final%20v2.pdf )

Incentives can be used to introduce or increase actual or perceived relative advantages. Rogers (2003) defines incentives asa direct or indirect payment of cash or in kind that is given to an individual or system in order to encourage behaviour change and speed up adoption. Incentives can take many forms for example, taxes, grants, penalties, finders fees, bonuses.Oltra & Saint-Jean (2006) suggest that government grants to support alternative fuel infrastructure, tax exemptions for inconvenience and negative taxation for ICEV could secure the switch from ICEVs to LCVs. Akerman & Hojer (2006)observes in the 1980s tax incentives on unleaded petrol and lower emitting vehicles successfully promoted three-way-catalytic-converters. For high mileage users, Vries & Rouwendal (1999) and Wissen & Golob (1992) also found financialincentives encouraged LCV adoption. Moreover, Lane & Potter (2007) emphasises that the benefit of incentives incombating the barriers of high purchase price, serving costs and long payback periods associated with many LCVs,concluding that the UK company car tax is a crucial factor in determining employees car choice and the UK Governments Powershift grant to be an important factor encouraging the purchase of the Toyota Prius hybrid.
https://dspace.lib.cranfield.ac.uk/bitstream/1826/2401/1/Sue%20Cooley%20Thesis%20final%20v2.pdfhttps://dspace.lib.cranfield.ac.uk/bitstream/1826/2401/1/Sue%20Cooley%20Thesis%20final%20v2.pdf


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1NC - INCENTIVES MUST BE LINKED TO A PARTICULAR OUTCOME

A. Incentives are negotiated offers linked to a particular outcome they are distinct from policies that motivatebehavioral change


We are now in a position to identify a core understanding or a distinctive meaning of the concept of incentives; what wemight call incentives `strictly speaking'. Incentives are employed in a particular form of negotiation. An offer is madewhich is an extrinsic benefit or a bonus, neither the natural or automatic consequence of an action nor a deserved reward or compensation. The offer is usually made in the context of an authority relationship - for example, adult/child, employer/employee, government/citizenor government/organization. The offer is a discrete prompt expected to elicit a particular response. Finally and mostimportantly, the offer is intentionally designed to alter the status quo by motivating a person to choose differently than he or she would in its absence. If the desired action would result naturally or automatically, no incentive would be necessary. Anincentive is the added element without which the desired action would not occur. For this reason, it makes sense to speak of `institutional incentives' when referring to arrangements designed to encourage certain sorts of responses. `Perverse incentives' is also an expression thatimplies that incentives are meant to direct people's behavior in particular ways. Central to the core meaning of incentives is that they are an instrument of government in the most general sense. The emergence of the term historically within discourses of social control is illustrative of this point.

B. Violation The plan is not a negotiated offer tied to alternative energy instead it takes an action that might effectalternative energy, but it is not directly linked to it. The vacuum test proves if alternative energy didnt actually exist, the

plan would still make perfect sense.


1. Limits if they dont have to tie the plan directly to alternative energy, it explodes the topic to include anything in theworld that effects energy consumption

2. Negative ground their interpretation justifies cases that allow them to avoid alternative energy debates entirely for example, tradeable permits or a carbon tax alone could spur energy efficiency, carbon sequestration or emissions capturetechnology, or greater reliance on nuclear power or natural gas, which is less polluting. Only tying incentives directly toalternative energy guarantees a reasonable expectation of preparedness.



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2NC INCENTIVES MUST BE LINKED TO A SPECIFIC POLICYADJUSTMENT

Incentives are linked to deliberate policy outcomes its more than just inciting to action

Sweeney, 04 (Mark, Spectrum: The Journal of State Government, 1/1, The Challenge of Business Incentives for State Policymakers,http://www.mccallumsweeney.com/uploads/ARTICLE-23-10%20-%20Challenge%20of%20Business%20Incentives%20for%20State%20Policymakers%20-%20Spectrum%20-%2001-04.pdf)

Funk and Wagnalls defines incentives as "that which incites to action; a motivating force; a stimulus." (1) For economicdevelopment policymakers, the term "incentives" is not so simple. In some uses, incentives are broadly defined and includeany location advantage that a community may have, such as position on a river, or mild four-season climate. Incentives are

best understood as distinct from location advantages. Economic development incentives might be defined as a deliberate policy or set of policies designed to make a location more attractive to particular investment decision makers. Thisdefinition distinguishes incentives as policy actions as opposed to inherent geographic advantages of a location. It alsodistinguishes between general public investment and actions to attract specific industries or companies (Table 1). While allof the above characteristics are important and should be communicated as "selling" points for a community, only thedeliberate policy actions will be recognized as incentives by the investment decision maker. These policy actions can span a wide range of activities and still be understood as incentives. Most incentives can be classified into three broad categories: infrastructure, tax policy and communitydevelopment. Table 2 is a broad list of some of the incentives that would fit in these categories.

Incentives are tools linked to an overall goal

Sweeney, 04 (Mark, Spectrum: The Journal of State Government, 1/1, The Challenge of Business Incentives for State Policymakers,http://www.mccallumsweeney.com/uploads/ARTICLE-23-10%20-%20Challenge%20of%20Business%20Incentives%20for%20State%20Policymakers%20-%20Spectrum%20-%2001-04.pdf)

Incentives should be approached as part of a state or commu-nitys overall economic development strategy. Economicdevel-opment strategy and objectives should drive incentive policy, not the other way around. Incentives are not a policyobjective, per se; rather, they are a policy tool. Even in the case of project-driven incentives, the community is best

prepared to offer them when it has a sound understanding of its strategic goals and objectives.


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2NC - INCENTIVES REQUIRE THE BUT FOR TEST

Incentives must use the but for test it must have a direct cause and effect relationship on alternative energy

LeRoy, 08 - directs Good Jobs First, a nonprofit, nonpartisan resource center promoting corporate and governmentaccountability in economic development (Greg, TIF, Greenfields, and Sprawl: How an Incentive Created to AlleviateSlums Has Come to Subsidize Upscale Malls and New Urbanist Developments Planning & Environmental Law. Chicago:Feb 2008. Vol. 60, Iss. 2; pg. 3, 9 pgs, Proquest)

WHAT IS TAX INCREMENT FINANCING (TIF)?TIF is an economic development incentive enabled under state law and in turn awarded by local governments. As regulated

by state statute, a locality designates an area as a "TIF district" for redevelopment (or in the case of a greenfield site, for new development). When new construction occurs within that district, property values and tax assessments go up andtherefore property taxes also rise. When that happens, the tax revenue is split into two streams.The first stream, derived from the "base value" or pre-TIF assessment, continues to go to local taxing bodies as it did before(i.e., to schools, city, county, etc.). The second streammade up of all the increase or "tax increment"-gets diverted to benefitonly the new development activity in the TIF district. This diversion can last as many as 15, 23, even 40 years, dependingon each state's rules (durations that can strain the idea that a TIF district is "priming the pump" to restore private-sector confidence).The diverted increment can support the issuance of debt (TIF bonds) or it can be used on a "pay-as-you-go" basis. The

funds are typically restricted to paying for infrastructure or other public improvements; they are also commonly allowed for brownfield clean-up, land parceling, demolition or other site preparation. However, in some states TIF revenues may even be directly paid to developers to reimburse private construction costs, effectively increasing their rates of profit.In addition to property tax diversions, some states also allow incremental increases in the local share of sales taxes to be"TIFed," but not the state share, which is usually largest. However, as detailed below, New Mexico in 2006 began to allowall three increments of its Gross Receipts Tax to be captured for TIF-diverting large sums of revenue from the state as wellas from cities and counties.As originally enacted, TIF in many states required that developers certify that "but for" the TIF subsidy, the project wouldnot occur. This was intended as a safeguard to ensure that the TIF truly met the definition of "incentive"; that is, that itcaused something to occur that would not otherwise have happened-to "leverage" private investment. However, the "butfor" test has in most states become at best a pro forma gesture, and at worst a fig leaf enabling public officials to avoid thecharge of "giveaway" and claim credit even for projects that would have occurred anyway.


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AT: COUNTERINTERPRETATION INCENTIVES MOTIVATE ACTION /INCENTIVES REFLECT MARKET RESPONSES

Defining incentives broadly creates conceptual confusion and makes ANY ACTION an incentive

Grant, 02 - professor of political science at Duke University (Ruth, THE ETHICS OF INCENTIVES: HISTORICAL

ORIGINS AND CONTEMPORARY UNDERSTANDINGS, Economics and Philosophy, 18 (2002) 111, proquest)This history also allows us to define more clearly what ` incentives' means. Currently, the term is used so broadly that it is often almostsynonymous with motivation altogether. But, despite its current quite general usage, a distinctive specific meaning of the term remains, onethat is easier to identify after taking this historical journey. The specific meaning can be illustrated by identifying those situations whereonly the word ìncentive' will do. Very often, the term is now used where another would do equally well. For example, ìncentive' issometimes used as if it were a synonym for `reward', but they do not mean exactly the same thing. A reward or punishment,unlike an incentive or disincentive, is understood to be merited or deserved. Offering a reward may serve as a motivator or incentive to action, but the two are quite distinct in principle. People can win awards, for example, without even knowing in advance thatthey were eligible. They deserve the reward, and there is no element of motivation involved at all.Similarly, ìncentive' is sometimes used as if it were synonymous with `motivation' generally speaking. But there are several important sorts of motivationthat are not suggested by the term. When we speak in this way, we implicitly deny the phenomena of habitual behavior, or action motivated by a sense of responsibili ty or of the reasonableness of a course of action (with reasonableness here understood as something other than individual utilitymaximization), or the way in which a role model or ideal can serve as motivator. Action which is initiated by the individual or understood as internallymotivated is not really compre-hended in the concept of motivation as incentive. Incentives are external prompts to which the individual responds.

The use of ìncentives' to speak of market forces is also problematic, though it is easy to see the logic of this development within thelanguage of economics. If one company lowers the price of its product, we might readily say that other companies now have an incentive to lower theirs.But we would not say that the first company offered all other companies an incentive to lower their prices.55 Market forces are not consciousand intentional, and their rationale is intrinsic to the economic process itself. We might just as well say in this situationthat the first company's lower price is a good reason for other companies to lower theirs given that they need to remaincompetitive. The term incentive' says nothing that `reason' cannot say as well in this case. A similar logic applies to speaking of loan conditions as incentives. The International Monetary Fund may make a loan to a nation only on condition that it alter its inflationary policies. If thereason for the condition is intrinsic to the IMF's own financial aims, ìncentive' may be a misnomer. The situation is like that of requiring a certaintraining as a condition for the practice of medicine; we would be unlikely to refer to this as an ìncentive' to go to medical school for people who wish to

become doctors.56 When the IMF is criticized for using financial incentives unethically to control the internal policies of borrowing nations, it is becausethe critics suspect that its real purposes are political rather than strictly limited to the legitimate concern to secure the financial health of the Fund.The distinction between market forces and incentives can be illustrated further by considering the difference between wages as compensation andincentives as bonuses in employment. Compensation means `rendering equal', a `recompense or equivalent', `payment for value received or servicerendered', or something which `makes up for a loss' as in the term ùnemployment compensation'. Compensation equalizes or redresses a balance, andso, to speak of fair compensation' is entirely sensible. But to speak of a `fair incentive' is not. An incentive is a bonus, which is defined as something

more than usually expected, that is, something that exceeds normal compensation. It is an amount intentionally added to the amount that would be set bythe automatic and unintentional forces of the market. An incentive is also a motive or incitement to action, and so an economic incentive offered to anemployee is a bonus designed to motivate the employee to produce beyond the usual expectation. It should be obvious then, that compensation andincentives are by no means identical. The per diem received for jury service, for example, is a clear case of compensation which is not an incentive in anysense.It is not difficult to see how it might have happened that the boundaries were blurred between the specific conception of incentivesand conceptions of the automatic price and wage-setting forces of the market. Both can be subsumed under very general notions of thefactors that influence our choices or motivate action, and ìncentives' carries this general meaning as well. Nonetheless, the blurring of that

boundary creates a great deal of confusion. Incentives, in fact, are understood better in contradistinction to market forces than as identical tothem. It is only by maintaining a clear view of their distinctive character that the ethical and political dimensions of their use are brought to light.Moreover, conceptual clarity and historical understanding go hand in hand in this case. It should no longer be surprising to find that the term ìncentives'is not used by Adam Smith in first describing the operation of the market, but appears instead at a time when the market seemed inadequate in certainrespects to the demands presented by changing economic circumstances. Other eighteenth and nineteenth- century ideas, often taken as simple precursorsof contemporary analyses of incentives, can now be seen in their distinctive character as well. For example, Hume and Madison offer an analysis of institutional design which differs significantly from ìnstitutional incentives', though the two are often confused. These thinkers were concerned with

preventing abuses of power. They sought to tie interest to duty through institutional mechanisms to thwart destructive, self-serving passions and to securethe public good. Contemporary institutional analyses, by contrast, proceed without the vocabulary of duty or public good and without the exclusively

preventive aim. Institutional incentives are viewed as a means of harnessing individual interests in pursuit of positive goals.57 Similarly, early utilitariandiscussions, Bentham's in particular, differ markedly from twentieth century discussions of incentives despite what might appear to be a shared interest in

problems of social control. Again, Bentham is interested entirely in prevention of abuses or infractions of the rules. The rationale for his panopticon is based on the observation that prevention of infractions depends upon a combination of the severity of punishment and the likelihood of detection.58 If the latter could be increased to one hundred per cent, through constant super- vision and inspection, punishment would become virtually unnecessary.This is a logic that has nothing whatever to do with the logic of incentives as a means of motivating positive choices or of encouraging adaptive behavior.


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AT: COUNTERINTERPRETATION INCENTIVES MOTIVATE ACTION

Even if thats true theres an important distinction between direct and indirect incentives the resolutionsSPECIFICATON of alternative energy incentives implies they must be directly for alternative energy

This interpretation is vital to limits - direct incentives are specific inducements targeted to particular groups inexchange for particular actions indirect incentives are mechanisms designed to manipulate behavior andare limitless

Dyson et al, 03 - International Union for Conservation of Nature and Natural Resources (Megan, Flow: The Essentials of Environmental Flows, p. 67-68)

Understanding of the term incentives varies and economists have produced numerous typologies. A brief characterizationof incentives is therefore warranted. First, the term is understood by economists as incorporating both positive and negativeaspects, for example a tax that leads a consumer to give up an activity that is an incentive, not a disincentive or negativeincentive. Second, although incentives are also construed purely in economic terms, incentives refer to more than justfinancial rewards and penalties. They are the positive and negative changes in outcomes that individuals perceive as likelyto result from particular actions taken within a set of rules in a particular physical and social context.80 Third, it is

possible to distinguish between direct and indirect incentives, with direct incentives referring to financial or other inducements and indirect incentives referring to both variable and enabling incentives.81 Finally, incentives of any kindmay be called perverse where they work against their purported aims or have significant adverse side effects.Direct incentives lead people, groups and organisations to take particular action or inaction. In the case of environmentalflows these are the same as the net gains and losses that different stakeholders experience. The key challenge is to ensurethat the incentives are consistent with the achievement of environmental flows. This implies the need to compensate thosethat incur additional costs by providing them with the appropriate payment or other compensation. Thus, farmers asked togive up irrigation water to which they have an established property or use right are likely to require a payment for cedingthis right. The question, of course, is how to obtain the financing necessary to cover the costs of developing suchtransactions and the transaction itself.Variable incentives are policy instruments that affect the relative costs and benefits of different economic activities. Assuch, they can be manipulated to affect the behaviour of the producer or consumer. For example, a government subsidy onfarm inputs will increase the relative profitability of agricultural products, hence probably increasing the demand for irrigation water. Variable incentives therefore have the ability to greatly increase or reduce the demand for out-of-stream,as well as in-stream, uses of water. The number of these incentives within the realm of economic and fiscal policy is

practically limitless.


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INCENTIVES REQUIRE NEGOTIATIONS EXTERNAL TO THE FEDERALGOVERNMENT

Incentives are a negotiated offer external to the agent offering it this means the federal government cant offerincentives to itself


Similarly, ìncentive' is sometimes used as if it were synonymous with `motivation' generally speaking. But there are severalimportant sorts of motivation that are not suggested by the term . When we speak in this way, we implicitly deny the phenomena of habitual behavior, or action motivated by a sense of responsibility or of the reasonableness of a course of action (with reasonableness here understood assomething other than individual utility maximization), or the way in which a role model or ideal can serve as motivator. Action which is initiated by theindividual or understood as internally motivated is not really compre-hended in the concept of motivation as incentive. Incentives are external prompts towhich the individual responds.The use of incentives' to speak of market forces is also problematic, though it is easy to see the logic of this development within the language of economics. If one company lowers the price of its product,we might readily say that other companies now have an incentive to lower theirs. But we would not say that the first company offered all other companies an incentive to lower their prices.55 Marketforces are not conscious and intentional, and their rationale is intrinsic to the economic process itself. We might just as well say in this situation that the first company's lower price is a good reason for other companies to lower theirs given that they need to remain competitive. The term ìncentive' says nothing that `reason' cannot say as well in this case. A similar logic applies to speaking of loanconditions as incentives. The International Monetary Fund may make a loan to a nation only on condition that it alter its inflationary policies. If the reason for the condition is intrinsic to the IMF's ownfinancial aims, ìncentive' may be a misnomer. The situation is like that of requiring a certain training as a condition for the practice of medicine; we would be unlikely to refer to this as an ìncentive' to goto medical school for people who wish to become doctors.56 When the IMF is criticized for using financial incentives unethically to control the internal policies of borrowing nations, it is because thecritics suspect that its real purposes are political rather than strictly limited to the legitimate concern to secure the financial health of the Fund.The distinction between market forces and incentives can be illustrated further by considering the difference between wages as compensation and incentives as bonuses in employment. Compensation means`rendering equal', a `recompense or equivalent', `payment for value received or service rendered', or something which `makes up for a loss' as in the term ùnemployment compensation'. Compensationequalizes or redresses a balance, and so, to speak of `fair compensation' is entirely sensible. But to speak of a `fair incentive' is not. An incentive is a bonus, which is defined as something more than usuallyexpected, that is, something that exceeds normal compensation. It is an amount intentionally added to the amount that would be set by the automatic and unintentional forces of the market. An incentive isalso a motive or incitement to action, and so an economic incentive offered to an employee is a bonus designed to motivate the employee to produce beyond the usual expectation. It should be obviousthen, that compensation and incentives are by no means identical. The per diem received for jury service, for example, is a clear case of compensation which is not an incentive in any sense.It is not difficult to see how it might have happened that the boun daries were blurred between the specific conception of incentives and conceptions of the automatic price and wage-setting forces of themarket. Both can be subsumed under very general notions of the factors that influence our choices or motivate action, and ìncentives' carries this general meaning as well. Nonetheless, the blurring of that

boundary creates a great deal of confusion. Incentives, in fact, are understood better in contradistinction to market forces than as identical to them. It is only by maintaining a clear view of their distinctivecharacter that the ethical and political dimensions of their use are brought to light. Moreover, conceptual clarity and historical understanding go hand in hand in this case. It should no longer be surprisingto find that the term ìncentives' is not used by Adam Smith in first describing the operation of the market, but appears instead at a time when the market seemed inadequate in certain respects to thedemands presented by changing economic circumstances. Other eighteenth and nineteenth- century ideas, often taken as simple precursors of contemporary analyses of incentives, can now be seen in their distinctive character as well. For example, Hume and Madison offer an analysis of institutional design which differs significantly from ìnstitutional incentives', though the two are often confused. Thesethinkers were concerned with preventing abuses of power. They sought to tie interest to duty through institutional mechanisms to thwart destructive, self-serving passions and to secure the public good.Contemporary institutional analyses, by contrast, proceed without the vocabulary of duty or public good and without the exclusively preventive aim. Institutional incentives are viewed as a means of harnessing individual interests in pursuit of positive goals.57 Similarly, early utilitarian discussions, Bentham's in particular, differ markedly from twentieth century discussions of incentives despite

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