APRIL 2005

Delaware Senate "Moratorium"

In an attempt to stop one particular development, Senate Bill 68 would imposed a standard that could stop all residential development in Delaware. SB 68 would stop residential development if “the ground level of arsenic in the soil exceeds 6 parts per million” (ppm) even though DNREC's default Delaware background concentration for arsenic is 11 mg/kg (parts per million) and the actual arsenic background concentration (from bedrock weathering) in Northern Delaware ranges up to 20 mg/kg. DNREC's residential cleanup standard is 23 ppm. A standard of 6 ppm is unreasonable. In addition, finding clean fill that has less than 11 ppm in this area is challenging (let along at 6 ppm required for remediation in SB 68). Sponsors of SB 68 are Senators Dave Sokola and Patty Blevins and Representatives Debbie Hudson, Bob Gilligan, and Roger Roy.

Governor Minner's Legislative Agenda

As she begins her second and final term, Governor Ruth Ann Minner is focusing on issues and initiatives “that will make a difference in the years to come.” In announcing her 2005 legislative agenda, Governor Minner said she is “willing to take on some of the tough or thorny issues.” Those tough issues range from funding full-day kindergarten and providing tuition for qualifying Delaware graduates at Delaware Tech to increasing the cigarette tax to deter teen smoking and creating a statewide health insurance buying pool.

Education

• Provide tuition to Delaware Technical and Community College for high school graduates with a 2.5 grade point average via Delaware SEED (Student Excellence Equals Degree) Scholarship.
• Mentor new teachers using retired teachers.
• Replace the 3-tiered diploma with standard and distinguished achievement diplomas using course work in addition to scores on the DSTP (Delaware Student Testing Program).

Health

• Following recommendations of the Cancer Task Force, help deter youth smoking by imposing an additional tax of 19 cents per pack, bringing the total cigarette tax to 74 cents, still well below New Jersey ($2.40), Pennsylvania ($1.35), and Maryland ($1).
• Create a health insurance buying pool so that the uninsured and underinsured will have access to affordable health insurance.
• Provide for collection and disclosure of data, including effectiveness and price information for common hospital procedures, to allow patients a way to evaluate health care facilities.

Livable Delaware

• Amend the annexation policy to require that municipalities have comprehensive plans certified by the State Planning Office before annexing and to give Wilmington equal annexing powers.
• Develop a statewide Transfer of Development Rights (TDR) program to protect the State's rural character and landowners' equity and provide incentives for development in municipalities and other areas most prepared for growth.
• Revise the State Fire Code to ensure that it not only protects lives, but also, encourages redevelopment and new neighborhoods with a “traditional” design.• Protect vital State forest land by allowing the Agricultural Lands Preservation Foundation to protect forested areas as well as farmland.
• Restrict the ability to install large community septic systems in rural areas targeted for preservation and natural resource protection.
• Improve and expand existing law that permits DNREC to use easements and other land-use rights to preserve open space and other resources.
• Encourage re-development of brownfields and similar properties.

Environment and Energy

• Develop a workable program to increase recycling in Delaware to 30% of residential solid waste.
• Strengthen laws to ensure that responsible parties provide disclosure of environmental hazards for the transfer of potentially hazardous products and assurance that potential hazards are addressed.
• Help State agencies and school districts better conserve energy through performance contracting.
• Create incentives for the use of renewable energy resources, including minimum standards for the use of renewable energy resources such as solar, wind, and hydropower.
• Require that all diesel fuels sold in Delaware be 2% biodiesel.

Public Safety

• Ban the possession of open alcohol containers in passenger compartments of vehicles, which will ensure that the State continues to receive up to $2.7 million in federal highway funds annually.
• Support further changes to the State's graduated license program, including limiting the number of passengers in a teen driver's car, prohibiting the operation of cellular phones by young drivers, and extending the time a person has a learner's permit if such driver has his or her license suspended.
• Implement changes recommended by the Task Force on Security Issues at the Delaware Correctional Center.
• Require that large buildings and structures are designed and built in a manner to better ensure in-building coverage for the State's 800-megahertz emergency radio system.

Economic Development

• Reform workers compensation to ensure that Delaware continues to attract and retain businesses that purchase workers compensation insurance by controlling the high medical costs currently associated with workers compensation claims in the State.

Protections for Those Who Serve and Protect Citizens

• Provide that any time a trooper is killed in the line of duty, his or her family will be ensured medical coverage and pension benefits for dependents.
• Provide State payment of life insurance for Guard personnel called to active duty utilizing the Servicemembers Life Insurance Program (House Bill No. 69).

Equal Rights

• Prohibit discrimination based upon sexual orientation (House Substitute 1 for House Bill No. 36).

Good Government

• Create the Office of Management and Budget by consolidating the Office of State Personnel and a large portion of the Department of Administrative Services with the Office of the Budget to centralize the authority to manage major State assets including people, financial resources, land-use planning, and State facilities and to generate operating budget savings.
• Provide for reciprocal treatment of contractors to ensure that Delaware firms will enjoy whatever preference or advantage in Delaware that an out-of-state contractor would get in its home state.
• Overhaul the State's disability pension program to ensure a continuum of short and long-term disability benefits.
• Reform campaign finance to address loopholes in current Delaware law which allow unidentified donors and groups to influence Delaware elections through so-called “issue advertising.”

Beverley Baxter