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Posts Tagged ‘DelDOT’

Division of Energy and Climate in the Department of Natural Resources and Environmental Control (DNREC)

If you missed this story, Delaware has a new “climate action plan” based on dubious data which assumes more state control of private land use will somehow save us from “man-caused climate change”. Below is our response.

For the most part, the state’s new climate plan could have been titled “Let’s Plan for the Storm of the Century”, a basically sound idea. Unfortunately, the plan also promotes a continuing un-Constitutional effort of the state to take over land use planning from the counties and municipalities. It also promotes the concept there will be catastrophic impacts from global warming which some key state leaders follow with religious like fervor. The facts show no upward trend in global average temperatures for the last eighteen years, and point to modest impacts on our environment from global warming.

Recent lawsuits have upheld local control of land use issues, as delegated by the Delaware Constitution, by over turning state attempts to write land use regulations. The state Strategic Planning Office must approve local land use plans as it relates to state funded infrastructure such as highways. Some key goals of the climate plan are directed at influencing land use planning. The office is adding a request local land use plans consider climate change, and will enforce it by weighing infrastructure investment in favor of localities that include climate considerations that conform to the state plan.

Additionally, DNREC will specifically use their excessive estimates of global warming induced sea level rise estimates and increased rainfall estimates to push for more control over storm water management (an issue already involved in a lawsuit), shoreline management, beach replenishment, and expanded tidal wetlands maps. DELDOT will use the presumption of more temperature influenced high ozone days to consider driving restrictions during air quality events. DEDO will encourage real estate agents to spread out weekly beach rentals to different start dates, an idea which has some merit but will be disruptive to the tourist industry. It should be noted all of these efforts will likely lead to higher cost for private industry.

The climate plan forecasts sea level rise from greenhouse gas induced global warming at 1.5 to 5 feet by 2100, and used three feet to develop Flood Risk Adaptation Maps which will be used for state planning purposes. Meanwhile, the report also quotes the National Oceanic & Atmospheric Administration estimates of only 1.1 feet of sea level rise by 2100, including about half that amount from localized land subsidence at the Lewes Tide Gauge, an amount roughly equal to sea level rise that occurred during the twentieth century. Most of the state is not subsiding, and land height actually increases for estuaries from deposition of sediments from upstream erosion. A realistic expectation is about six inches of sea level rise by 2100.

The plan also assumes rainfall will increase during major storms because of global warming. Even the UN climate change report admits no linkage has been confirmed between global warming and storm intensity.

The state wants to abandon the use of Federal Emergency Management Agency hundred year Flood Insurance Rate Maps which look at historic trends and current flood plain data. The complaint is these maps don’t forecast future trends. We submit the FEMA maps are updated frequently enough to be used for infrastructure planning over the likely lifespan of most infrastructure projects. The use of DNREC’s Flood Risk Adaptation Maps uses questionable forecasts and will result in un-needed additional expense for both the state and private interests. The expanded wetland maps will take a large amount of private land without compensation.

Climate change estimates will be used to force a review of electric rates by the Public Service Commission which could lead to higher rates. The Department of Health & Human Services wants to increase low-income fuel assistance even though higher average temperatures would have a net impact of lowering utility bills as much more money is spent on heating then on cooling. Every state agency has an action step in the plan to increase education of the reality and impacts of catastrophic climate change, an effort some would call propaganda.

Finally, the state has adopted a plan to reduce greenhouse gas emission by 30% by 2030 from a 2008 base year. The plan admits carbon dioxide emissions were already reduce by 25% by 2010 and so is looking for an additional 5% reduction from new initiatives by 2030. Appendix C of the plan provides the key assumptions used in developing emission forecasts. The plan used the U.S. Energy Information Agency 2009 forecast which assumed carbon dioxide emissions would increase 0.7% a year to 2030. The more recent EIA 2014 forecast assumes emissions will decrease by 0.2% a year. Based on the more recent forecast, the 30% reduction target will be met without any new initiatives needed.

The legislature, and all Delaware citizens, should question any legislation, budget, or regulatory changes driven by the “Climate Framework for Delaware”.

Dave T. Stevenson, Policy Director

Center for Energy Competitiveness

Caesar Rodney Institute

                                              

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Every once in a while we at CRI like to think about economic freedom issues that don’t directly relate to our mission. One such story which showed up in our chilly, soon-to-be-snow-covered inboxes is this one on DelDOT helping the Newark Police patrol the roads near Exit 1 and the Maryland border (route 896, Christiana Parkway, Route 40) where some truckers have been known to exit the highway and then rejoin I-95 about 2 miles away without paying the toll.

Barring the unusual traffic delay this move adds maybe 10 minutes to one’s commute in exchange for saving $4 in tolls. Clearly a large number of truckers believe adding 10 minutes to their commute is worth saving $4 for. So how does the state respond? by hiring more “enhanced” enforcement of toll evasion by heavy trucks and commercial vehicles along Newark-area routes restricted to local deliveries only. The enforcement will be more infrequent but they will reserve power to pull trucks over and check the drivers’ records to make sure they are on local roads on their way to make a local delivery.

Now from a locals’ point of view, trucks block lanes, wear down roads, and slow down normal traffic flow, all so a trucker can save $4 in toll fees. It should not surprise anyone then that keeping trucks who are not making local deliveries off the roads would be popular in the Newark area where this is occurring. From the article:

“During the first two months of patrols in November and December, state troopers and Newark officers conducted 386 total inspections, according to DelDOT.

Police took at least five trucks and nine drivers out of service due to violations in that time, said DelDOT’s Brian Motyl, assistant director of finance. Overall, they issued 179 citations, including weight, equipment, licensing and registration-related issues. Data for January was not yet available.”

That’s a lot of inspections! Over six a day, holidays included. There were nearly three citations issued a day. Each citation carries a fine ranging from $77-$95 and two points on the driver’s license. DelDOT says it’s spent $60,000 through January 31 on the enhanced enforcement; using the $95 fines for every citation issued, the state took in $17,005. That’s a loss of roughly $43,000 going by the math alone, and that’s if every ticket issued was for the maximum amount. On the other side getting heavy trucks off local roads might save money on construction repairs since heavier truck usage requires more repair work done but given New Castle County’s astronomically high Prevailing Wage rates any savings from fewer repairs would be wiped out by the PW and the cost of enforcing this program long-term.

We can safely conclude using this enforcement is costing the state more money than it takes in from citations or from forcing these “toll dodgers” to pay $4 at the toll booth. The article mentions an uptick in tolls collected from commercial traffic but notes tolls collected from larger vehicles has been down for some time. Now the enforcement campaign could pressure truckers to pay $4 rather than risk a $95 fine and points on the license might scare some truckers into staying on the highway, but now we move into the morality: is this way of enforcing laws an aspect of a free society? Having police do random checks for papers to make sure you comply with the local ordinance? Suppose the state lowered the toll to $2. Might that discourage all but the most toll-evading of truckers to just pay $2 rather than dodge the tolls, a move which would save the state tens of thousands of dollars on road repairs and enforcement?

Let’s hear your thoughts: Do you support this enhanced enforcement program? Or should the state try alternative means to discourage truckers from leaving the highways?

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