The Committee of 100 | FYI Archives

Delaware State Senator Dave Sokola's Senate Bill 68 would prohibit residential construction if “the ground level of arsenic in the soil exceeds 6 parts per million” even though Department of Natural Resources and Environmental Control (DNREC) studies have shown that the background level (as some have said, “What God produced”) is 11 ppm and above. DNREC has set 23 ppm as the standard for cleanup for contaminated sites.

At the April 20th meeting of the Senate Health and Social Services Committee, DNREC Secretary John Hughes and DNREC Division of Air and Waste Management Director James Werner presented information on U.S. and Delaware studies regarding background levels and safe cleanup levels. Jim Werner noted that studies have shown that arsenic occurs naturally in the United States up to 97 ppm and in Delaware up to 45 ppm. They both noted that 6 ppm is unachievable.

In addition to the DNREC testimony, multiple organizations provided expertise to the Committee regarding the science of arsenic standards and the standards set by other states. The Committee of 100 Executive Director Beverley Baxter asked members of the Senate Health and Social Services Committee to rethink the legislation so that standards be based upon science and be achievable. Following the Committee meeting, Dave Sokola, the prime sponsor, said he would review the science and the standards of surrounding states for possible revision of the bill and would wait until after the General Assembly's break to move the bill. However, SB 68 was voted out of committee “on its merits” on May 12th and is now on the Ready List. In spite of the Governor's call for a public review by DNREC of the arsenic standards, Senator Sokola has indicated that he intends to seek a vote on the bill.

New Castle County Council Takes Responsible Stand

At the June 14th Council Meeting, Councilperson Patty Powell introduced a resolution, under Section J, in support of SB 68. While Council's Agenda is published so everyone can know in advance what issues will be addressed, Section J allows unadvertised issues to be addressed in the case of an emergency. There was no emergency. Use of Section J in this manner merely lets a Councilperson try to get something passed without public scrutiny and participation. Jeff Bross, President of Duffield Associates and Chairperson of The Committee of 100's Environment Committee, represented The Committee of 100 in opposing Patty Powell's resolution. Jeff pointed out that such standards should be established by science and that the Governor's call for a review of the standards will provide the means for those with the expertise to come together, review the science, and determine the appropriate standards.

In the defeat of this resolution, Council President Paul Clark and Councilpersons Bill Tansey, Karen Venezky, and George Smiley responsibly voted against, Councilpersons John Cartier, John Reda, Tim Sheldon, and Bob Weiner voted “present,” and Councilpersons Patty Powell, Penrose Hollins, David Tackett, and Jea Street voted for the resolution.

Governor Establishes Transportation Funding Committee

By Executive Order No. 69, Governor Ruth Ann Minner created a Transportation Development and Funding Options Committee to examine proposals for increasing both short- and long-term resources for the Transportation Trust Fund (TTF) for Fiscal Year 2007 and beyond. The Committee must begin meeting by June 30th and issue its report by November 30th.

The Executive Order notes that while predictable and sustainable funding for critical transportation projects in the State is vital to maintaining the quality of life for the State's citizens and ensuring the State's economic competitiveness, there are “significant shortfalls in funding for the Transportation Trust Fund” that jeopardize many key and diverse projects across the State.

While the Transportation Development and Funding Options Committee will look at all options, including changes in toll structures for any of the State's toll roads and the creation of new, or adjustments to existing, taxes and fees that are directed to the TTF, the primary responsibility of this Committee is to review the possibility of “the construction and/or operation of any public highway or bridge under DelDOT's control by private entities, subject to the necessary oversight of the state.”

Secretary of Transportation Nathan Hayward has proposed an innovative way of providing substantial up-front dollars for immediate construction and increased annual income for the Transportation Trust Fund via a long-term lease agreement with specialized, highly-skilled investors and operators such as those who made a similar investment in Chicago. As Nathan noted to the Bond Bill Committee in its April Budget Hearings, world-wide investors who are looking for high-quality asset opportunities, are now bidding for rights to share in public infrastructure, including toll roads, airports and bridges. Following projects in Europe and England, recent successful deals have been struck in Chicago and Toronto, are underway in Southern California, and are being considered in Texas, New Jersey, and New York.

Delaware is unique in that we have the only place in the U.S. where there is an interstate convergence as in I-95, I-295, and I-495. State Route (SR) 1 provides a unique opportunity for a long-term lease, as it is a new road, designed for a third lane expansion, with a growing regional economy, large volume of out-of-state traffic, and an attractive toll structure. Following the Chicago example, such a deal could provide immediate cash for current TTF projects and, with investment of two-thirds of the settlement income, capital for future transportation needs. Nathan suggests investment with the Delaware Board of Pension trustees, which over the last 12 years has produced a 10.33% return. By establishing a spending policy that allows spending 5% of a moving average of the corpus (e.g., 3 or 5 years), the investment income could provide greater income than the “lost” toll income that would go to the investors.

In addition to Route 1, other investment possibilities might include the construction and operation of U.S. 301 and the I-95 improvements, which include the I-95/Route 1 intersection and the new I-95 EZ pass lanes and toll booths.

The Governor's Executive Order calls for a 15-member Committee that includes the Secretary of Transportation, State Budget Director, Secretary of Finance, State Treasurer, Co-Chairs of the Joint Committee of Capital Improvements, one member selected by the President Pro Tempore of the Senate, one by the Minority Leader of the Senate, one by the Speaker of the House of Representatives, one by the Minority Leader of the House, one from the Governor's staff, and, appointed by the Governor, a registered professional engineer, a representative of the Delaware Contractors' Association, and two additional members of the pubic.