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Posts Tagged ‘DNREC’

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We published a podcast and a new article featuring CRI Policy Director Dave Stevenson where he criticized the EPA and DNREC for their continued efforts to enforce their unneeded regulations on Delaware residents and business owners of large industrial factories.

DNREC is another example of a government agency which exists primarily to exist. Right now they alternate between: warning of the dangers of Sea Level Rise with Apocalyptic warnings that most of Delaware will be underwater within 85 years (really 45 just to get the ball rolling) unless we “do something”. And the “something” ALWAYS is more government regulation over our lives; and creating new regulations so those who work there making regulations can assure the public they are, in fact, working.

It’s for this reason DNREC will not be pleased if you knew that we as a state have met all our EPA air quality requirements for 2030, and it’s only 2015. Due to a mixture of government regulation over pollutants, a switch from coal to natural gas and in some places nuclear power, and new innovations in technology which reduce pollutants produced, we have succeeded in making our air clean and safe to breath, even for those with respiratory problems. Normally, this would call for a celebration or a recognition of accomplishments, and a refocus by the government to make sure pollution levels are kept manageable- by both the public and private sector. In other words, act as an arbiter, which is what government is primarily there for, to take on a role there is no way the private sector could reasonably do fairly.

However, if you think DNREC’s leaders will shake hands, hold a pizza party for their employees, and close up shop, or at least reduce their budget, you’ve just fooling yourself (perhaps you’re waiting to be added to Delaware’s medical marijuana list?). This report, which is already out, will not be published by DNREC until next year. Expect them not to acknowledge our success at cleaning the air, and instead to continue pushing for new regulations on the private sector. The agency wants as few people to know that we’ve a) met our environmental goals and b) we really don’t have any major problems DNREC can do anything about. Admitting to either a or b above means admitting they can operate on a smaller budget. And you know how government agencies feel about having their budget cut.

The problem with what DNREC is doing is, the regulations are making Delaware an increasingly expensive place to live and for large industrial companies to maintain factories. Case in point, the closing of the Evraz Steel Plant, the Chemours Edge Moor plant and the fact that neither the GM nor the Chrysler plants were ever re-used by manufacturers to create the kind of blue-collar jobs Delaware once relied heavily on. Paycheck Protection for workers and tax code reform are important. But energy prices are a major, if not the primary, reason Delaware has lost about half of its private sector union membership and seen wages stagnate or decline for most private sector workers.

It’s a shame that good, hard-working people are going to suffer higher electric bills, reduced access to clean, alternative energies, and loss of job opportunities as businesses find operating in Delaware (without government handouts) simply too expensive all so certain state agencies can continue to justify their jobs and spending. However, unless DNREC backs down on some of their new proposed regulations, that’s what going to happen. And in that case, Dave will continue to double down on DNREC, and we at CRI will continue to stand for energy policies which keep our environment clean and lower government regulations.

CRI does not claim any credit for photo and we don’t endorse or not endorse Dominos Pizza.

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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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2015 will soon be upon us and for those who are passionate defenders of freedom and liberty our work just goes on when the clock strikes midnight. Here is CRI in review and our goals for 2015:

  • Dave Stevenson’s lawsuit against DNREC and former DNREC Secretary Collin O’Mara is still ongoing. Dave and the other three plaintiffs, including CRI Director John Moore, won standing to continue their lawsuit. We will refrain from making a prediction on a court ruling less we jinx the lawsuit but we are optimistic the Plaintiffs will win. This is because in order to get standing the Plaintiffs had to prove they had a valid reason to sue in the first place, such as being aggrieved by the Defendants actions. Winning means stopping DNREC from changing the rules on how many carbon permits can be sold at carbon auctions, saving Delaware taxpayers over $100 million a year in increases in utility bills.
  • We testified in favor of HB353, the Parent Empowerment Education Savings Account Act (PEESAA). Jim Hosley, our former CEE Director, spoke in favor as did a dozen Wilmington parents and grandparents (and one student!) and the leaders of Tall Oak Classical Academy. The bill was tabled in the House Education Committee, a move we are unfortunately not surprised by. However, we hope 2015 will be a better year as more and more people realize the need to improve Delaware’s education system, and the only effective way to make the changes our students need to be prepared for the future is to provide parents with school choice options to do what’s best for the child. CRI will always maintain the belief that parents and/or legal guardians can make a better choice about their children’s education than politicians and bureaucrats in the state Department of Education.
  • We brought in Dr. Bartley Danielsen, business and economics professor from North Carolina State University to keynote our Sixth Annual Dinner. Dr. Danielsen has proposed a theory tying in environmental benefits to school choice. The basic theory is, parents moved to the suburbs to flee poorly performing public schools which left a lot of people uneducated and unable to find respectable work, and many turned to crime as a result. His theory is if inner city schools were to improve their quality, many families would move back to the cities from the suburbs and the result would be a reduction in traffic and environmental pollution from people driving from the suburbs to the cities. View is presentation here and here

In addition to these challenges, we still have issues Delaware must resolve in order to improve our economy:

  • End to the prevailing wage which makes public construction costs so expensive many end up getting no work at all. See: Rockwood Museum.
  • A Right to Work law for Delaware. Union leaders are pushing the “scab” theory that somehow union members will drop out and reap all the benefits the union “works” to get. We have responded by noting that a) manufacturing businesses have responded by moving factories elsewhere, depriving Delawareans of job opportunities. See: loss of auto industry, Valero plant, Evraz Steel plant, Georgia Pacific plant. b) as a moral issue, should union bosses have the right to take someone’s money just because someone works at a particular location? What if the union bosses don’t serve their member’s needs, such as organizing or donating to political causes or candidates the members don’t support?

We wrote: “While in the short run unionization may force wages up for those involved, in the long run closed shops reduce capital spending and induce the out-migration of jobs and workers.”

Read HERE and HERE and HERE

  • tax reform. Delaware is one of just five states with a gross receipts tax (tax on sales, even before factoring in profit/loss and expenses). Three of the other four don’t have an income tax and the only state with both like Delaware is Virginia who has lower tax rates. Coupled with high corporate and personal income taxes while Nevada and North Dakota compete with us for corporate business, and without reforms we will see money and jobs leave the state at even higher numbers.

Merry Christmas, Happy Hanukkah, Happy Holidays, and a Happy New Year to all. Let’s be thankful for a good 2014 and hope for better things in 2015.

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Happy Thanksgiving! We hope you have a happy and safe holiday.

For this week’s post we are going to respond to the post of blogger Lyman Stone, a grad student at George Washington University’s Elliott School. In his November 21 blogpost titled “North Dakota, Illinois, and Delaware: A Boom State, a Struggler, and a Winner”, he wrote about Delaware’s migration and why the state has had an overall increase in people from 2000-2010 (source: U.S. Census). His top four points and our response:

1. “Many of the people Delaware loses, as I’ve already shown, are richer people. That is to say, Delaware is exporting its richer people (many of them retirees) to states like Arizona, Florida, Virginia, and Texas. Meanwhile, it is inundated with floods of lower-income, somewhat less-educated individuals. Delaware’s in-migration includes very high rates of retiree migration and migration of the young.”

Delaware lost roughly $480 million in net wealth from 2000-2010, predominately from New Castle County (source irs.gov). Some of that wealth went across the border to Chester/Media, PA; many of the top 1% retired to Florida or Arizona, but many people did stay in Delaware and moved to Kent or Sussex Counties where property is even cheaper and cost of living is lower than New Castle County. Delaware’s low property taxes attract retirees mainly from DC, MD, NJ, and NY. Young people move to New Castle County for the corporate jobs. But Lyman is missing this point: Families with school-age children tend not to stay in Delaware. (see here and here). Unless the parents can afford a private school or get to a good charter school, the parents more often than not leave for PA. A graph within the presentations in the links shows a huge drop-off with parents with at least one child aged 5 or older leaving for places like Valley Forge or Media while parents with children 0-4 stay in Delaware. So it’s like “come when you’re young, leave when you have a family, return when you’re ready to retire”.

2. “Once again, like Illinois, Delaware has lots of high-traffic borders and nearby border metro areas, thus we can fruitfully look to policy variables as one part of the explanation. Delaware has income taxes at a similar rate to most of its regional peers (though much higher than Virginia’s) and is in the minority of states in that it still has an estate tax. In that regard, it is peculiar that so many retirees would choose it.

That is, until we recall Delaware’s three most salient tax features: it has no sales tax (thus reducing cost of living), among the lowest property taxes in the nation (reducing cost of living), and funds its infrastructure through tolls and user fees more than any other state (reducing burdens on people who drive less: young and old). Its taxes overwhelmingly fall on businesses, but it attracts businesses by offering highly favorable legal and regulatory conditions.”

Delaware has a gross-receipts tax, a tax on business revenue BEFORE profit and loss is considered. Only Virginia has both a gross receipts and income tax, both of those rates are lower there than Delaware. The result has been that Delaware has had more businesses closing than opening and we are 51st in the country in jobs created by existing firms (Source: deconfirst.com). This means no state or DC is worse than Delaware at getting businesses already here to hire more people. The state is very good at helping start-ups but not good at helping established businesses, especially medium-sized businesses.

Delaware’s Court of Chancery is known for its fairness, and incorporation laws are lax. This is favorable to larger businesses to want to headquarter here, which is why the Wilmington area has so many corporate offices with high-paying administrative jobs. This is a good thing for the state but again, this benefits larger businesses and not small- or medium- sized businesses.

3. The net result of Delaware’s policy choices is that “New Economy Index” produced by the liberal-leaning Progressive Policy Institute ranks the 2nd best in the nation, the conservative-leaning American Legislative Exchange scores 27th in their “Rich States, Poor States” publication, the business-backed Tax Foundation (disclosure: my former employer) ranks 14th-best, and even the libertarian Mercatus Center identifies as 17th “most free” in their Freedom in the 50 States report. A report by 24/7 Wall Street found Delaware to be the 13th best-run state in the nation, and academic measures of state corruption rank Delaware no worse than middle-of-the-pack. In fact, it is a real challenge to find any organization that scores Delaware poorly on any major policy metric or index.

Corruption in Delaware is not as bad as it is in places like Illinois, Rhode Island, California, or Louisiana. But saying it’s “good” is more on an indicator of how corrupt those states are. Delaware’s small size means “everyone knows everyone” attitude impacts the government but the state is not very forthcoming with state pension data or with how education dollars are being spent. That said, we are better than every other Mid-Atlantic state besides Virginia. We posted on the Tax Foundation’s analysis.

4. Likewise, Delaware has one of the lowest average price levels of any state in the region (except Virginia), and that price level is lowest in southern Delaware, where in-migration is highest.

I’ve repeatedly cast Delaware as a state that’s providing opportunities: for the young, for the less educated, and also for regional retirees who may not have the money for a bigger relocation to Texas or Florida (or who may not want to pay property and sales taxes in those states). That’s because Delaware’s migration record is simply the strongest across the most different categorizations of almost any state, especially among states without major oil and gas reserves. I’d love to hear more from people familiar with Delaware on how the state attracts people: beaches with rising popularity? corporate headquarters? retirement communities? strong university recruitment? sprawl from Philadelphia?

To Lyman’s final point, Delaware IS a very attractive place between Philly and Baltimore/DC. We are a train ride or short drive from all three cities and only three hours from New York City. The Beaches draw in tourists and retirees, and there is some Philly sprawl in the Claymont area. But Delaware is beginning to lose our status is a “tax haven”, now that Nevada and North Dakota are competing with us for our corporate business. The state spends way too much money and like most states will suffer from having to choose between Medicaid and public education once the federal government cuts back on its Obamacare obligations by 2019. Our three casinos are losing money and, barring a change in visitor habits ore legislative policy, will go out of business; 6% of our state’s revenue comes from casino taxes. We have a state carbon tax and cap-and-trade system (Regional Greenhouse Gas Initiative) which is costing so much money CRI’s Energy Policy Director Dave Stevenson and our board member John Moore are suing DNREC to prevent a new carbon tax fee from being imposed on residents and businesses.

Delaware’s population is aging at a faster rate than the nation as a whole; right now half the state receives Medicare or Medicaid. By 2030 that number will be closer to 67% at current migration rates. Sussex County is already 25% senior citizens and that number grows ever year. As much as we at CRI love our seniors, someone has to help pay for Medicare/Social Security/ public housing assistance/public transportation, and other quality-of-life benefits seniors need to enjoy their retirement since we know the Feds won’t meet their future obligations.
Because of its strong migration record in a highly competitive area, other states could benefit from studying Delaware’s experience and determining which policies they can adopt for their own states.

Please don’t pass a gross receipts tax or block natural gas pipeline from reaching your states. We have high electricity prices and a mediocre public education system. Don’t be so aggressive and seizing abandoned property, even down to the Amazon gift cards which went unused. End the prevailing wage and establish a Right-to-Work law if your state doesn’t have one yet.

What do you think about Lyman’s blog post or our response?

Please consider eliminating your state’s sales tax and lowering property taxes, and have a court system which is seen as quick, efficient, and fair.

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If you missed the recent news update about the lawsuit Dave Stevenson and CRI board member John Moore filed against DNREC and former DNREC Secretary Collin O’Mara, you can read about it here.
While the ruling by Superior Court Judge Richard Stokes means Dave et. al. can proceed with the case because they have the standing to do so (a decision we expected- the state constitution says that on matters related to the state constitution and its interpretation any Delaware citizen has standing) they still have to win the case outright. Winning the case means tossing out the decision DNREC made last November when O’Mara was the Secretary- a decision to limit the number of carbon permits allowed to be sold to “polluters” in exchange for “permission to pollute”- a decision which has netted the state over $13.3 million this year from the private sector as of October 1. Losing the case means the decision stands- and DNREC’s action to limit the number of permits allowed to be auctioned for sale will cause electric companies to pay more for “polluting”, and they in turn will pass the buck to the consumers- all of us who live and/or work in the state. We believe what DNREC did was unconstitutional, and this is why Dave is the lead plaintiff in this lawsuit. Note: CRI itself is not involved in the lawsuit.
We need your help to make sure Delaware’s carbon tax vanishes. Please click here to open a PDF attachment with a letter asking your state representative to end Delaware’s participation in our cap-and-trade tax scheme. Then, mail or e-mail the letter to your representative. They may or may not listen to CRI, but all of us together can stop state agencies from raising taxes or fees on we the people whenever they feel like it, in direct violation of the state constitution!

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