NEW CASTLE (Dec. 15, 2011) – Through the new Delaware Senior Legal Hotline, Delawareans 60 and older can receive free legal advice on a variety of issues.

Advice will be provided by either a Delaware Volunteer Legal Services staff attorney or volunteer attorneys. If the issue requires more than advice, the caller will be screened for free legal services and, if eligible, will be referred to Community Legal Aid Society (CLASI), Delaware Volunteer Legal Services (DVLS) or the Legal Services Corporation of Delaware (LSCD). There are no income requirements for the hotline.

The Delaware Senior Legal Hotline — (302) 478-8850 in New Castle County and (800) 773-0606 in Kent and Sussex counties – is available from 9 a.m. to 4:30 p.m., Monday through Thursday.

“With our increasingly complex world, it’s important that Delaware’s seniors have a trusted and free resource like the hotline to turn to whenever the need for legal advice arises,” Gov. Jack Markell said. “Whether the issue involves housing, health care or finances, our older residents should be reassured that help is just a phone call away.”

As Delaware’s older population continues to grow, Department of Health and Social Services Secretary Rita Landgraf said the Delaware Senior Legal Hotline will be an increasingly valuable resource.

“The hotline will assist older Delawareans in accessing quality legal services to ensure their rights and financial security,” Landgraf said. “The ability to call the hotline and get answers to legal questions before a crisis arises will benefit many of our older citizens.”

In 2010, the Division of Services for Aging & Adults with Physical Disabilities, in partnership with Community Legal Aid Society, Inc. (CLASI), Delaware Volunteer Legal Services (DVLS) and Delaware Helpline (211), was awarded a three-year Model Approaches to Statewide Legal Assistance grant through the U.S. Administration on Aging. As part of the grant, a “Legal Handbook for Older Delawareans” was printed, a legal needs assessment of older Delawareans was conducted and the Senior Legal Hotline was developed and implemented.

The Delaware Senior Legal Hotline — (302) 478-8850 in New Castle County and (800) 773-0606 in Kent and Sussex counties – is open from 9 a.m. to 4:30 p.m., Monday through Thursday.

For more information about the hotline, call Denise Weeks-Tappan, planning supervisor in the state Division of Services for Aging & Adults with Physical Disabilities, at (302) 255-9390.

“Fracking” Proposal Currently Lacks Sufficient Health and Safety Protections

Delaware will vote “No” at Monday meeting of the Delaware River Basin Commission

The proposed regulations that would authorize drilling and hydraulic fracturing (“fracking”) to begin in the Delaware River Basin lack critical details on how public health and safety would be protected, Governor Jack Markell wrote today in a letter to the other voting members of the Delaware River Basin Commission.

In the letter, Markell made clear that Delaware’s representative would vote against the Natural Gas Development Regulations at the Commission’s meeting in Trenton this Monday.

“Instead of beginning the exploration in the Delaware River Basin and hoping we get a proper regulatory framework in place after-the-fact, it is Delaware’s view the Commission has an obligation to ensure that critical issues regarding well construction and operation are finalized first and not subject to subsequent dilution,” Markell wrote.

Over 3,000 wells have already been drilled in the Commonwealth of Pennsylvania to harness natural gas out of the Marcellus Shale. While the watershed area that would be opened up to drilling under the Commission’s proposed regulations covers only a small portion of the Shale, it serves as the primary water supply source for at least two-thirds of Delaware’s citizens.

“By far, the single most important issue for a downstream state like Delaware is whether the wells are being drilled, constructed, and operated in a manner that adequately protects our public and private water supplies. Once hydrofracturing begins in the basin, the proverbial “faucet” cannot be turned off, with any damage to our freshwater supplies likely requiring generations of effort to clean up.  In this case, it is more important to get it right, than to be fast,” Markell wrote.

Markell made clear that he believes the nation can pursue the promise of this important domestic energy source without compromising the quality of our water supply. However, doing so demands the close coordination of multiple regulatory bodies including the state and local governments of Pennsylvania and New York, the Federal Environmental Protection Agency, and the Commission. Some of these regulatory offerings under consideration in each of these jurisdictions have (1) yet to be finalized; (2) have just been finalized but not fully evaluated; or (3) are final but inadequate to protect public safety.

For example, Pennsylvania’s legislative bodies are currently debating the science that underlies two separate pieces of legislation that would strengthen the rules regarding well construction and operation. In New York, scientists and citizens are still reviewing and commenting on New York’s draft regulations regarding well construction. Because those and other regulatory debates are still underway, Markell continues “to have significant concerns that the regulations may not adequately safe guard our regional water supply by adopting best practices for water withdrawal, siting and setback requirements, drilling and construction standards, ongoing operational protections, and clean up protocols and financial assurances should a release occur.”

The text of the letter is below.

November 17, 2011

The Honorable Governor Chris Christie
Office of the Governor
PO Box 001
Trenton, NJ 08625

The Honorable Governor Thomas W. Corbett
Office of the Governor
225 Main Capitol Building
Harrisburg, Pennsylvania 17120

The Honorable Governor Andrew P. Cuomo
Office of the Governor
NYS State Capitol Building
Albany, NY 12224

Colonel Christopher J. Larsen
Army Corps of Engineers
North Atlantic Division
302 General Lee Avenue
Brooklyn, New York 11252

Re: Delaware River Basin Commission’s Natural Gas Development Regulations

Dear Commissioners:

The Delaware River Basin Commission (the “Commission”) is scheduled to vote on the revised draft Natural Gas Development Regulations this Monday, November 21, 2011. This is an important issue and many of you have asked about Delaware’s intentions. This letter outlines Delaware’s position in advance of Monday’s meeting and the rationale for that position.

It is without question that the decisions we make regarding this issue can have a profound impact on the Delaware River Basin for generations to come. While I believe our nation can pursue the promise of this important domestic energy source without compromising the quality of our water supply, doing so in this case requires a thoughtful regulatory balance and coordination between several states, the federal government and the Commission. For the reasons stated below, I am not convinced we have yet struck that balance or have demonstrated that coordination, and that is why, after careful and deliberate consideration, Delaware will vote no on the adoption of the Commission’s draft regulations at this time.

On one hand, the Marcellus Shale formation offers the promise of providing a critical source of domestic energy, with its enticing potential to provide local, low-emission, and cost-effective energy. In addition, hydrofracturing in the Delaware River Basin has the potential to create significant numbers of direct and indirect jobs in Pennsylvania and New York, not to mention potential tax revenue for states struggling to meet budget shortfalls. On the other hand, as Lieutenant Governor Jim Cawley of Pennsylvania has stated, “no amount of economic benefit would justify the degradation of our land, air and water.”

For the past seventeen months of the Commission’s rulemaking process, Delaware’s interest has been simple. As a downstream state that could be adversely affected by poorly crafted and/or executed regulations, Delaware is focused on protecting the water quality throughout the Delaware River Basin. While this watershed only covers a small portion of the Marcellus Shale, it serves as the primary water supply source for at least two-thirds of Delaware’s citizens. For this reason, we have worked to ensure the Commission’s regulations strike an appropriate balance between potential economic development and responsible stewardship of our precious natural resources.

Striking this balance has proven to be very difficult and complicated because it requires the close coordination of multiple regulatory regimes: the state and local governments of Pennsylvania and New York; coupled with the Federal Environmental Protection Agency and this Commission. Some of these regulatory schemes have (1) yet to be finalized; (2) have just been finalized but not fully evaluated; or (3) are final but inadequate. As such, we continue to have significant concerns that the regulations may not adequately safe guard our regional water supply by adopting best practices for water withdrawal, siting and setback requirements, drilling and construction standards, ongoing operational protections, and clean up protocols and financial assurances should a release occur.

One only has to look at the prior experience in Pennsylvania to determine that the Commission should not adopt regulations without fully addressing critical issues regarding well construction and operation. After Range Resources announced it had discovered a large gas field in southwestern Pennsylvania in late 2007, businesses big and small inundated small towns in Pennsylvania, seeking permits to drill in the Marcellus Shale. More than 3,000 wells were drilled in just over three years, and only after the fact, in 2011, did scientists, environmental and business leaders convene as part of Governor Corbett’s Marcellus Shale Advisory Commission and offer recommendations regarding the safe, efficient and environmentally responsible extraction and use of natural gas reserves in Pennsylvania. In its final report, the Governor’s Marcellus Shale Advisory Commission noted several high profile incidents that underscore the potential impacts on ground and surface water caused by irresponsible hydrofracturing. As a result of its comprehensive and thoughtful review, the Commission offered 43 separate recommendations in July 2011 on how to better protect the public health and environment in Pennsylvania, many of which are not yet adopted by law, regulation or policy.

Instead of beginning exploration in the Delaware River Basin and hoping we get a proper regulatory framework in place after-the-fact, it is Delaware’s view the Commission has an obligation to ensure that critical issues regarding well construction and operation are finalized first and not subject to subsequent dilution. By far, the single most important issue for a downstream state like Delaware is whether the wells are being drilled, constructed, and operated in a manner that adequately protects our public and private water supplies. If the Commission is going to rely on the regulatory schemes of state and local governments on such issues, the Commission must review and evaluate such schemes in each of those states.

Otherwise, as EPA Regional Administrators Garvin and Enck properly noted in comments to this docket, the Commission should establish a minimum set of standards that any state requirements must meet. Because these state standards are still under development, Delaware has worked to improve the regulations with additional requirements for monitoring, financial assurance, site investigation following a release and remedial action; however, many smaller drilling operations will fall below the DRBC thresholds and will thus be governed by state regulations that are not yet final. Without a clear understanding of the legal and regulatory requirements regarding well construction and operation in New York and Pennsylvania, either through finalized and/or enacted state law or regulation, or through the Commission establishing minimum standards that must be met, I cannot conclude that the water resources in the basin will be adequately protected.

This does not mean that Delaware will refuse to move forward under any circumstances. In fact, I agree with Governor Corbett that the decision makers at all levels of government with respect to hydrofracturing should be guided by science, not emotion or desire for profit. But in Pennsylvania, the Commonwealth’s legislative bodies are currently debating the science that underlies two separate pieces of legislation that would strengthen the rules regarding well construction and operation. Further, in New York, scientists and citizens are still reviewing and commenting on New York’s draft regulations regarding well construction. Thus, the very efficacy of the Commission’s regulations depend heavily on state law or regulation but the decision makers in each state have yet to determine whether sound science will ultimately prevail. As such, this Commission is simply not able to properly evaluate these regulations based on the science at this time.

One final note on the process moving forward: the DRBC regulatory process has been a deliberate and thoughtful seventeen month process in which multiple public comment sessions were held, and more than 68,000 public comments were received and reviewed.

The Commission’s rulemaking process and the intense public interest on both sides of this issue reflect the importance of the decision the Commission will make. Delaware has repeatedly raised the issue of ensuring that the public has the opportunity to review and comment upon significant revisions to the draft regulations. However, the regulations presented for adoption on Monday, were released publicly on November 8 with very significant substantive changes upon which the public should have the ability to comment. Indeed, as recently as November 16, additional changes were made, and it is doubtful the public will have an opportunity to review them, let alone comment, before the public meeting. In the end, if we want the residents of our four states to have confidence in the final product, we must be completely transparent, including providing sufficient public comment opportunities in a manner similar to Federal and state regulatory processes.

In closing, the decision whether to allow hydrofracturing in the Delaware River Basin is a decision that will affect multiple generations of Delawareans. Once hydrofracturing begins in the basin, the proverbial “faucet” cannot be turned off, with any damage to our freshwater supplies likely requiring generations of effort to clean up. In this case, it is more important to get it right, than to be fast. As New York City Mayor Michael Bloomberg stated, “[b]ecause full-scale development of natural gas exploitation in the watershed could degrade water quality, a rush to regulate and drill risks the long-term viability of one of the most important drinking water sources in the United States.” This risk is a significant concern for Delaware and therefore, until we have confidence that the Commission’s Natural Gas Development Regulations, coupled with the state and local regulations upon which they rely, are adequately protective of this water supply, I have a duty to current and future generations of Delawareans to vote no.

Sincerely,

Jack A. Markell

Governor

Governor Also Signs SB 87 Establishing Standard FOIA Form

New policies will significantly reduce costs to many parties requesting information under FOIA

Photos available for media use on flickr courtesy of Patrick Jackson, Delaware State Senate.

Governor Jack Markell today signed Executive Order No. 31, which requires executive branch agencies to adopt a standardized policy for requests under the state’s Freedom of Information Act (FOIA).  Executive Order No. 31 brings greater consistency to agency FOIA policies, makes it easier to file a FOIA request and in many cases, makes it less expensive for citizens to request and receive public records.    The cost of a state agency FOIA request will be lowered, in many cases, between 60-and-80-percent.

The Governor also signed Senate Bill 87, which establishes a standard form for FOIA requests.  SB 87 was sponsored by Sen. Karen E. Peterson (D-Stanton) and Rep. E. Bradford Bennett (D-Dover), and is intended to reduce confusion and simplify the process for making requests to state government, local governments, school districts and other public bodies.  The form was prepared by the Attorney General’s Office in accordance with SB 87 and will be available on the web pages of all executive branch agencies.  You can find the form here.

“Delaware’s Freedom of Information Act helps ensure transparency and accountability in government, which is the people’s business,” said Governor Markell.  “This Executive Order makes it easier for citizens to make FOIA requests, requires executive branch agencies to be more consistent in how they respond to these requests, and in many cases, substantially reduces the cost of FOIAs.  This Order and Senate Bill 87 are an important part of our efforts to make state government more open, efficient and responsive to the needs of Delaware citizens.”

“Helping to ensure that citizens have access to information they can use to protect themselves and improve their communities one of many ways we serve Delawareans,” Attorney General Beau Biden said.  “Delaware’s government sunshine laws guarantee citizens have the right to information that  is essential when it comes to protecting our families, guarding our finances and making our communities stronger.”

“Senate Bill 87 is going to make it easier and simpler for the public to make FOIA requests,” said Senator Karen Peterson.  “A standard form will help reduce confusion, and I applaud the Attorney General for crafting a form that is simple and easy to use.  The Governor’s executive order is going to help too, by making sure executive branch agencies follow a set of uniform policies.  We have made substantial progress on open government in the last few years, and we’re continuing that today.”

The Governor’s Executive Order requires state agencies to adopt standardized FOIA policies from a template prepared with input from executive branch agencies and the Office of the Attorney General.  Currently, not all state agencies have adopted FOIA policies and for those that have had policies, there has been little consistency or coordination among agencies.  Agencies will also be required to develop a web portal to accept FOIA requests over the internet.  The website for making requests of executive branch agencies will be located at http://de.gov/foiarequest.

Executive Order No. 31 will:

• Reduce copying costs.  Under existing FOIA policies, state agencies may charge copying fees ranging from $0.10 to $0.50 per page for standard black-and-white copies.  Under the new policy, fees for such copies will be $0.10 per page, with the first 20 pages free.  Thus, requesting parties from many agencies may save up to 60-80% over what they would have paid under existing agency policies.
• Adopt a “No Wrong Door” policy.  If a Requesting Party initiates a FOIA request that would more appropriately be directed to another agency, the agency must promptly forward the request to the FOIA coordinator at the appropriate agency.
• Make it easier to request public records.  The policy allows individuals to initiate FOIA requests in person; by mail, fax, or email; or via the form required by SB 87.  Existing agency policies permit individuals to initiate requests in some of the above ways, but not all.
• Provide a point of contact in each executive branch agency.  Each executive branch agency must designate a “FOIA Coordinator” to serve as the point of contact for FOIA requests, and to coordinate the agency’s responses.  The FOIA Coordinator, who must be identified on the Agency’s website, is required to make every reasonable effort to assist parties requesting public records under FOIA.   Click here for list of FOIA Coordinators.

Executive branch agencies must develop a portal for receiving FOIA requests through the internet, if they don’t already have one, by December 1, 2011 and adopt new FOIA policies no later than February 1, 2012.

Delaware’s Division of Public Health scored 98 out of 100 in a national report on public health preparedness programs released Sept. 20. The Center for Disease Control and Prevention’s report, “Public Health Preparedness: 2011 State-by-State Update on Laboratory Capabilities and Response Readiness Planning” also shows that the Delaware Public Health Laboratory passed all four proficiency tests and received 100 percent on using advanced DNA tests to correctly identify a strain of E. coli.

The new report features national-level data on activities from 2007- 2010 in the 50 states and four localities supported by the Public Health Emergency Preparedness (PHEP) cooperative agreement.

“The scores show that our Division of Public Health is serving Delaware citizens well,” said Governor Jack Markell. “A strong state public health system is vital to our wellbeing. This report tells us Delaware is ready to respond to unexpected health threats that no one ever wants to see happen, but we need to be perpetually prepared for.”

“I’m very proud of DPH’s performance,” said Dr. Karyl Rattay, DPH director. “The ability to detect and respond to health threats, whether confined to a limited area or widespread such as the one featured in the current movie ‘Contagion,’ depends on the availability of laboratory equipment, a trained workforce, accurate and consistent methods, and rapid data systems. We have all the right pieces in place.”

“Contagion” is a movie thriller centered on the threat posed by a deadly disease and an international team of doctors contracted by the CDC to deal with the outbreak. Life and death situations and heroic scientists battling against time and heavy odds to track the source of killer diseases and contain them before they wipe out entire communities are not just movie plots. It’s what the CDC and state public health agencies prepare for every day.

DPH’s review scores are as follows:

• Developing a Plan with Strategic National Stockpile (SNS) Elements- 100
• Management of Strategic National Stockpile – 100
• Requesting Strategic National Stockpile – 100
• Communications Plan (Tactical) – 100
• Public Information & Communication – 100
• Security – 100
• Receipt/Store/Stage – 94
• Controlling Inventory – 92
• Repackaging – 100
• Distribution – 100
• Dispensing Prophylaxis – 100
• Hospital & Alternate Care Facilities Coordination – 100
• Training Exercise and Evaluation – 100

In addition to its 98 percent average, the local jurisdiction received a 98 percent average on its Cities Readiness Initiative (CRI) jurisdiction preparedness assessment.

To see the complete report, go to http://www.cdc.gov/phpr/pubs-links/2011/

Quality improves from 2-star rating in less than two years

The Delaware Veterans Home, the first and only long term care facility in Delaware dedicated solely to veterans, was recently awarded the highest rating of five stars by the federal government for the overall care it provides to its residents. The Centers for Medicare and Medicaid Services (CMS) created its Five-Star Quality Rating System to help consumers, their families, and caregivers compare nursing homes more easily.

In 2008, the Delaware Veterans Home received a below average assessment of two stars from CMS for two surveys which revealed several major deficiencies and incidents of substandard care. These incidents signaled a need for all aspects of the Veterans Home’s operation to be scrutinized.

After making major management, staff, and policy changes, the Veterans Home’s ratings improved steadily, eventually resulting in the five-star rating this year.

In 2009, Secretary of State Jeffrey Bullock hired Bill Peterson to take over the reins at the Veterans Home as its new director with the expectation that the facility was capable of meeting the highest standards. Peterson has decades of experience in long-term care, both in the public and private sector, and was able to fill senior staff vacancies with other experienced individuals who shared the Markell administration’s vision for the Veterans Home. They motivated an already committed staff to seek improvement wherever possible.

“Bill Peterson and his team have done a great job in improving the quality of care being provided at the Delaware Veterans Home.” said Governor Markell. “To move from a two-star to a five-star rating so quickly demonstrates how far they have come in a short period of time. Delaware taxpayers have invested a lot over the years to build and operate this facility, and our veterans who live there deserve the best care possible. Now they are getting the superior care we all wanted for them.”

The CMS system gives each nursing home a rating of between one and five stars. Nursing homes with five stars are considered to have much above average quality, and nursing homes with one star are considered to have quality much below average. There is one overall five-star rating for each nursing home, and a separate rating for each of the following three sources of information: health inspections, staffing, and quality measures.

“The significant improvement we have seen in quality of care at the Home demonstrates what a difference an experienced and cohesive management team can make,” said Secretary Bullock. “Bill Peterson and his staff are doing an excellent job, and the staff at the Home continues to improve. I am truly impressed by the dedication and compassion they display on a daily basis. While our progress is impressive, I continue to press for further improvements in not only the care the residents receive, but the quality of their living environment. There are always opportunities to make things better, and no one is more deserving of the best quality care than those who fought for the freedoms we enjoy.”

The Delaware Veterans Home opened to residents in June 2007 and currently serves approximately 120 veterans in both skilled nursing and dementia care environments. Over the next year and a half, 30 more beds will be made available in a currently unused wing thanks to an allocation of resources by the General Assembly and Governor Markell this year. The funds will mainly pay for new personnel to serve the 30 additional residents.