Report details state rules changed or eliminated

Dover, DE – Capping a year-long review undertaken at a dozen state agencies, Governor Jack Markell released a report from his office today detailing modifications to or the deletion of more than 140 state regulations. Markell provided an overview of the initiative today to lawmakers, including legislators on the Small Business Caucus, representatives from the state’s chambers of commerce and members of the business community who provided input during the process.

As a result, state agencies eliminated unwarranted requirements on businesses and individuals, extended compliance deadlines for businesses, instituted timelines for government officials to respond to business proposals, and removed outdated and duplicative rules. (See fact sheet below)

“We recognize the value of appropriate regulations that protect Delawareans, such as ensuring the quality of our food and water, the condition of our medical facilities and the safety of our roads,” said Markell. “But we must be vigilant about preventing unreasonable burdens that strain business owners and impede public services. As a result of the changes in this report, we are making it easier to do business in Delaware, making government operations more efficient, and making agency rules simpler to use and understand.”

The initiative began in June 2012, when the Governor issued Executive Order (EO) 36, which brought together citizens, businesses and state agencies to identify and remove regulatory hurdles.  Each department conducted an internal review and was required to hold at least one public forum in each county, where it accepted written comments and suggestions.

“Self-examination is difficult, but our Governor and cabinet secretaries realized the importance of updating regulations and looked at their organizations thoroughly to make much-needed changes,” said Lieutenant Governor Matt Denn. “Small businesses, Chambers of Commerce and others played valuable roles in this process by offering sincere and thoughtful suggestions to help improve regulations and processes currently in place.  This is yet another step to making Delaware a place where people want to build and grow their businesses.”

“This has been a priority of the Small Business Caucus and it is especially important that the public had the chance to be engaged in the process,” said Rep. Bryon H. Short, D-Highland Woods, who co-chairs the bipartisan House Small Business Caucus. “I appreciate the Governor listening to the Caucus and the needs expressed by the business community to make this a reality.”

“I want to compliment Governor Markell and the leaders of the Small Business Caucus for their leadership in this effort,” said Richard Heffron, Senior Vice President of Government Affairs at the Delaware State Chamber of Commerce. “The Chamber appreciated the opportunity to participate in the process and address the impact of regulations on the small business community.”

To illustrate the impact of EO 36, Phil McGinnis, of McGinnis Commercial Real Estate Co. in Dover, spoke about one suggestion that he had brought to state leaders and that was reflected in the report.  The Department of Transportation had previously required all new developments to provide sidewalks, or other “multi-use paths.” McGinnis and others said this rule added an unnecessary burden for projects in sparse areas where connections with other paths are not possible. Following the EO 36 review, DelDOT’s requirements will no longer apply to these areas.

“I’m personally grateful that Governor Markell initiated E.O. 36,” said McGinnis. “And I’m glad that the review does not stop here.”

The report includes regulatory adjustments by the Department of Agriculture, Department of Children, Youth & Their Families (DSCYF), Delaware Economic Development Office (DEDO), Department of Education, Department of Finance, Department of Health & Social Services (DHSS), Department of Labor, Office of Management and Budget, Department of Natural Resources & Environmental Control (DNREC), Department of Safety and Homeland Security (DSHS), Department of State and Department of Transportation (DelDOT).

Department of Agriculture Secretary Ed Kee, DNREC Secretary Colin O’Mara, DEDO Director Alan Levin and DelDOT Deputy Secretary Nicole Majeski spoke at the event to offer examples of regulatory changes.

EO 36 calls for another full review process no more than three years after the submission of today’s report to the General Assembly.

FACT SHEET: Executive Order 36 – Review of State Regulations

June 27, 2013

By The Numbers

• 12 Executive Branch agencies engaged in the regulatory review process required by EO 36.
• 385 regulations were subject to review under EO 36. (Note: many agencies also reviewed regulations not covered by the Executive Order.)
• As a result of EO 36, 144 regulations are being amended or deleted, with 83 regulations being amended and 61 deleted.
• Agencies conducted a total of 39 public hearings during this process (13 in each county).
  • In connection with hearings, agencies published notice and request for comments a total of 50 times in newspapers statewide (32 times in daily papers, 18 times in weeklies), in addition to notices on the State’s Public Meeting Calendar, and submission forms on Department websites.
  • In total, agencies received 234 public comments.
    • 93 were relevant to a specific regulation (excluding 62 on a single non-nurse midwifery rule)
    • Other comments concerned non-regulatory issues and received agency responses.

Highlighted Examples of Regulatory Changes

Making it easier to do business in Delaware:

• DelDOT: Because small businesses often create fewer traffic burdens than larger counterparts, creating new approval process for development plans involving small businesses.
• DelDOT: Amending regulation to allow flexibility for developments in low-density areas from requirement that sidewalks be installed in new developments.
• DNREC: Extended deadlines for companies and individuals to retrofit above ground and underground storage tanks for compliance, while putting a timeline on the Department to respond to tank owners.
• DNREC: Extended from 3 to 6 years the time by which a new large on-site wastewater system can be constructed before a permit expires.
• DHSS: Creating a new limited license for operators of small water systems, reducing the accompanying class requirement from 11 weeks to 2 days.
• Department of Agriculture: Rewarded entrepreneurship and enabled more growth by small farmers who sell products at their farms by increasing their sale limits.

Making government operations more efficient:

• DSCYF: Changed requirements for staff at child care facilities by increasing pre-employment training to better ensure the safety of children, while requiring less time away from duties for annual training.
• Department of Education: Decreased requirements for document submissions for schools and districts and allowed online postings to address unnecessary paperwork burdens that don’t help students.
• Department of State: Recommended 124 specific changes to regulations governing 32 boards and commissions and the professions they oversee.

Making agency rules simpler to use and understand:

• Department of Labor: Reduced the of unemployment insurance regulations from 45 to 21, while updating the remaining UI regulations to reflect statutory and technological changes over the past 50 years. Changes included removing a rule no longer required by Delaware law and eliminating regulations that refer to an “Appeals Tribunal” that no longer exists.
• Economic Development Office: Amended or deleted 9 out of 10 regulations examined, eliminating 4 that relate to tourism programs no longer in operation and one for a defunct energy alternatives program.
• DelDOT: Will delete 7 outdated or inapplicable DMV regulations and will clarify and consolidate an additional 15 DMV regulations that are duplicative or otherwise should be streamlined.

Photos from the event can be viewed on Flickr

State and Federal leaders applaud grant that will help fund innovative programs to help Delawareans train and find jobs

Dover, DE –  The Delaware Department of Labor will be receiving a $1.4 million grant from the U.S. Department of Labor to provide job training and job search assistance to displaced workers who have been challenged over the long-term by residual effects from the economic downturn.  The funding for expands training for unemployed individuals to acquire industry-recognized credentials that lead to new career opportunities.

It supports on-the-job training, customized training, registered apprenticeships and other approaches that connect individuals with employers, with a focus on providing these services to those in longer term unemployment.  Delaware defines this as individuals who have been unemployed for a minimum of 27 weeks.

“This funding will help us break some of the barriers preventing some Delawareans from returning to work, including training that will assist those who can transfer skills or learn new skills and return to the workforce,” said Governor Jack Markell.  “Our state Department of Labor has been focused on developing innovative programs that connect individuals with jobs that match their employable skills with potential employers.  A combination of training, credentials, and work experience bring long-term employment success.”

Delaware is piloting the National Career Readiness Certificate (NCRC), a portable credential that demonstrates achievement and a certain level of workplace employability skills in applied mathematics and locating information and reading.

“The attainment of meaningful credentials is already a focus in Delaware,” said John McMahon, Delaware Secretary of Labor.  “Our training activities will be targeted to Delaware’s Career Ladder Initiative, providing some short term training for many dislocated workers whose skills are transferable, particularly in Information Technology fields where the number of jobs are growing and advanced degrees are not necessarily required.  We are working with business to identify talent gaps and discuss how we can bridge some of the skill gaps for people who need jobs. ”

The Delaware Department of Labor job bank – Delaware Joblink – assists workers with case management, job search, labor market information, job matching, and training provider information.  The Joblink is also used by employers in their search for their next employee.

“Despite a recovering economy, too many Delawareans remain out of work. Fortunately, this grant from the Department of Labor will send close to $1.5 million to Delaware to help folks that have been unemployed for too long receive the training and resources they need to get back on track and into the workforce, “ said U.S. Sen. Tom Carper. “ I’m confident this grant will help these Delawareans cultivate new, useful skills that will put them on paths towards long, successful careers.”

“Too many Delawareans know what it feels like to lose their job when their factory closed down or their company left town,” Senator Chris Coons said. “With so many still looking for work, this federal grant will give our neighbors the training they need to get hired. Helping Delawareans find jobs remains my top priority, so I’m hopeful about what this grant will mean for our state.”

“This grant will be a big boost for the many Delawareans who are eager to return to the workforce,” said Congressman John Carney.   “I’ve visited employment and training centers all over the state – like Goodwill in Bridgeville and West End Neighborhood House in Wilmington.  These organizations provide tremendous resources for those looking for work, and help connect employers with Delawareans who meet their needs.  The grant announced today will help these centers do their jobs better, and benefit Delaware employers and job seekers.”

From the U.S. Department of Labor

The U. S. Department of Labor invited states to apply for one-time funding in May and were asked to prioritize training efforts on long-term unemployed workers, many of whom would be likely to soon exhaust their unemployment insurance benefits.  The funding is being provided through Dislocated Workers Training National Emergency Grants.

Meeting Held at Laboratory Facilities in Newark, DE

Lightwave Logic, Inc. (OTCQB: LWLG), a technology company focused on the development of a Next Generation Non Linear Optical Polymer Materials Platform for applications in high speed fiber-optic data communications and optical computing, announced today that it hosted a one hour tour and briefing for Governor Jack Markell on June 27, 2013.

Lightwave Logic was founded on a forward-looking belief, that silicon and copper circuitry would one day reach their physical limits and that organic polymer technology could drive the future needs of telecom, datacom and optical computing. The Company’s nonlinear electro-optical and all-optical polymer portfolio is gaining traction in states leading the way in attracting and growing companies that innovate in these markets.

Governor Jack Markell has a strong record of support for local development stage companies in Delaware with a special focus on leading edge technologies.  Governor Markell has been a driving force behind attracting and funding state partnerships between Industry and Academia.  This support has already had positive effects and has made Delaware home to several new up and coming photonics companies.

Tom Zelibor, Chairman and CEO who hosted the meeting stated, “We were extremely pleased to meet with Governor Markell and were glad to be able to demonstrate the capabilities of our company first hand.  He was very impressed with the technology and the level of expertise being brought to bear in our efforts.”

Governor Jack Markell added, “It was exciting to meet with Mr. Zelibor and the Lightwave team to hear about its boundary-pushing work and products.

“In Delaware, we have gone beyond simply making things – we create, and we innovate. Our many new technology companies plant the seed of an idea and take great pride in growing it into something much larger. We see that zeal in Lightwave Logic.”

Powered by Lightwave Logic

Lightwave Logic, Inc. is a development stage company that produces prototype electro-optic demonstration devices and is moving toward commercialization of its high-activity, high-stability organic polymers for applications in electro-optical device markets. Electro-optical devices convert data from electric signals into optical signals for use in high-speed fiber-optic telecommunications systems and optical computers. For more information, please visit the Company’s website, www.lightwavelogic.com.

Safe Harbor Statement

The information posted in this release may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. You can identify these statements by use of the words “may,” “will,” “should,” “plans,” “explores,” “expects,” “anticipates,” “continue,” “estimate,” “project,” “intend,” and similar expressions. Forward-looking statements involve risks and uncertainties that could cause actual results to differ materially from those projected or anticipated. These risks and uncertainties include, but are not limited to, lack of available funding; general economic and business conditions; competition from third parties; intellectual property rights of third parties; regulatory constraints; changes in technology and methods of marketing; delays in completing various engineering and manufacturing programs; changes in customer order patterns; changes in product mix; success in technological advances and delivering technological innovations; shortages in components; production delays due to performance quality issues with outsourced components; those events and factors described by us in Item 1.A “Risk Factors” in our most recent Form 10-K; other risks to which our Company is subject; other factors beyond the Company’s control.

Implements recommendations of Task Force led by Lt. Gov. Denn

DOVER, Del.  – Following a review by the Workers’ Compensation Task Force, created with the support of Governor Jack Markell and led by Lieutenant Governor Matt Denn, the Governor signed House Bill 175 to implement the group’s recommendations. The law will place tighter controls on workers compensation medical costs, while improving the state’s workplace safety program and more effectively encouraging injured individuals to return to work.

The Task Force was established to address the dramatic increase in Delaware’s workers compensation premiums over the past two years, after four consecutive years of decreases that totaled over 40%.

“This bill represents another important step toward ensuring we make our state an attractive location for companies,” said  Governor Markell. “Rising premiums weren’t only unfair, but they also take away from other investments businesses can make in expanding and hiring Delawareans. I applaud Lt. Governor Denn’s leadership in ensuring the task force acted swiftly and effectively.”

HB 175 passed the Senate 21-0 on June 19 after passing the House on June 6 (39 yes, 2 absent).

“The legislation makes important changes to control medical costs, ensure greater scrutiny of insurance company rate increase requests, and help get injured workers back to work more quickly,” said Lt. Governor Denn, Chair of Delaware’s Workers’ Compensation Task Force. “But our work is not done, and we will continue to look at other areas where we can control costs without impacting the quality of medical care received by injured workers.”

Created by House Joint Resolution 3, the Workers Compensation Task Force was created on January 30, 2013 by the Delaware General Assembly and the Governor, and charged with an expedited review of Delaware law relating to workers compensation, the impact that the 2007 amendments to that law had upon workers compensation premiums, the reasons for recent increases in workers compensation premiums, and whether any additional changes to statutes, regulations, or practices are required to control growth in premiums.

Lawmakers who joined the Task Force and shepherded the bill to passage emphasized cooperation as a key to the group’s success:

“It was a pleasure to take part in an effort in which people from diverse backgrounds came together to accomplish a great deal toward reaching a common goal,” said Rep. Bryon Short, D-Brandywine Hundred, lead House sponsor of the bill. “I look forward to continuing to work with the group to tackle what’s left to ensure we keep rates low and protect our workers.”

“We got this bill through both houses so quickly because of the task force’s ability to reach a consensus among all of the groups represented,” said Senate President Pro Tem Patricia Blevins, D-Elsmere. “We think we have taken significant steps to stabilize workers compensation.”

“This was the collective work of the elected, legal and business community,” said Secretary of Labor, John McMahon.  “As a former Insurance Commissioner, Lt. Governor Denn was uniquely qualified to help us navigate a set of diverse and complicated issues and develop a responsible plan of action.”

The task force’s recommendations fall into four areas:

1. Place tighter controls on workers compensation medical costs. These recommendations include a two-year inflation freeze on the fee schedule for medical treatment of workers compensation recipients, a permanent reduction in the inflation rate allowed for hospital treatment of workers compensation recipients, and reductions in allowed reimbursements in a variety of medical categories.

2. Ensure that insurance carriers’ requests for rate increases receive a high level of scrutiny. These recommendations include the retention of a part-time attorney to represent businesses during the workers compensation rate-setting process, and a system to ensure that insurers are diligently enforcing the state’s medical cost controls.

3. Make the state’s laws encouraging injured workers to return to work more effective; and

4. Improve the state’s workplace safety program to both increase its usage and ensure that is accurately determines which workplaces are using appropriate safety practices.

Additionally, the General Assembly accepted the task force’s suggestion that they be kept in existence on a temporary basis, both so that it can consider some issues that it did not have time to discuss during the short time that it had to make recommendations, and so that it can monitor the impact of its recommendations and suggest stricter measures with respect to medical costs if necessary. If the implemented recommendations do not result in manageable increases in workers compensation premiums, the task force believes that more significant changes should be considered both with respect to the levels and methods of paying medical claims, and the system for calculating injured workers permanency and lost wage claims.

Cleanest water quality, two “superstar” beaches in Rehoboth and Dewey, and
nourished ocean beaches make First State topmost among beach destinations

DOVER (June 27, 2013) – Delaware’s beaches have again been lauded for having the cleanest water quality in the nation, with the state also celebrated for boasting two of the country’s few “Superstar Beaches,” according to the National Resources Defense Council (NRDC), the non-partisan international environmental advocacy group founded in 1970 which annually assesses all beaches in 30 coastal states.

Two of the state’s most popular beaches – Rehoboth and Dewey – were again awarded 5-star ratings as Superstar Beaches for their perfect swimming water quality for the past four years. They were two of only 13 Superstar Beaches so designated by the NRDC among beaches of the coastal states. In its report, ”Testing the Waters” in Delaware released this week, the NRDC also recognized DNREC’s Recreational Water Quality Testing Program as one of the most comprehensive in the nation.

“Clean water quality and nourished ocean beaches are vital to tourism, job growth and Delaware’s economy,” said Governor Jack Markell. “Delaware’s ranking as first in the country for swimming water quality and our beautifully-nourished community beaches continue to make our coastal resorts national destinations of choice.”

Delaware attracts more than 7 million visitors each year, many of them drawn to the state’s scenic Atlantic beaches. According to a recent report, The Contribution of the Coastal Economy to the State of Delaware, by Delaware Sea Grant College Program at the University of Delaware, the state’s coastal economy has a significant impact on Delaware’s overall economy – generating almost $7 billion annually, including over $700 million in tax revenue and supporting almost 60,000 jobs. The report found that beach tourism provides more than 10 percent of the state’s total employment, taxes, and business production.

“For yet another year, Delaware’s beaches have been recognized as some of the best in the country. That’s due in no small part to our state’s efforts to clean up and preserve our coastline,” said Senator Tom Carper. “Infrastructure projects, dune replenishment and clean water have helped make places like Rehoboth and Dewey some of the most beautiful and safe tourist destinations in America. I’m proud that this distinction will help spread the word about what we in Delaware have known for years: that the First State has some of the best beaches in the world.”

“Delaware’s beaches are among the best in the country not only because of their natural wonder, but because of the enduring commitment of so many to protect them,” Senator Chris Coons said. “Here in Delaware, we know that protecting our beautiful coastline isn’t just important to summer fun, but to our local economy, too. Keeping our water clean, beaches healthy, and coastal infrastructure secure is a priority at every level, and I’m proud to do my part to help in Congress. My family can’t wait to spend time at Delaware’s beaches this summer, and I hope the NRDC’s announcement will help encourage other families to do the same.”

“Every year, thousands of Delawareans, and millions more from across the country visit Delaware’s beaches. They come to enjoy our pristine shoreline with the highest quality beach water in the nation,” said U.S. Representative John Carney. “In the process, they support both the state and local economy. I’m very proud that investments by the federal government and DNREC will help Delaware preserve its coastline, maintain the cleanest water in the ocean, and stay a destination area along the Atlantic Coast for many years to come.”

“With Delaware once again rated No. 1 nationally for beach water quality, and both Rehoboth Beach and Dewey Beach again recognized as ‘superstar beaches’ – and with the continued success of our nationally-recognized beach nourishment projects – Delaware has emerged as one of the nation’s most pristine beach destinations, ” said DNREC Secretary Collin O’Mara. “By continuing to steward our treasured natural resources, our beaches prominent among them, we can protect and enhance this economic and environmental advantage for years to come.”

Delaware ranked first out of 30 states for cleanest water quality overall. The NRDC report cited Delaware State Park beaches – Cape Henlopen, Delaware Seashore and Fenwick Island – and the state’s Atlantic community beaches – Rehoboth, Dewey, Bethany, South Bethany, and Fenwick Island – for having excellent swimming water quality, with only a single swimming advisory (of less than 24 hours) issued among all those beaches in 2012.

“We’re delighted that Delaware’s State Park beaches continue to be recognized as among the nation’s best and cleanest,” said Charles Salkin, director, DNREC’s Division of Parks & Recreation. “We strive to offer Delawareans and visitors the best summer experience possible – beautiful landscapes and great facilities and programs, all at very family-affordable prices. Ultimately, this all depends on the quality of our ocean waters.”

DNREC’s Recreational Water Quality Testing Program has great breadth and consistency in its beach monitoring, frequently sampling water quality, coastal hazards and other public health and safety concerns from Slaughter Beach to the Delaware/Maryland line. The program includes a notification system that alerts the public promptly should a swimming advisory or beach closing be necessary from a threat such as harmful bacteria. Up-to-date water quality results are posted on DNREC’s website, http://apps.dnrec.state.de.us/RecWater/ and also available by calling DNREC’s toll-free, 24-hour “Beach Hotline” at 1-800-992-WAVE (9283) or by signing up to receive Beach Monitoring updates at http://www.dnrec.delaware.gov/Pages/DNRECLists.aspx.

Vol. 43, No. 260