News

January 6, 2005

When proposed recycling legislation is introduced into the General Assembly it will nowhere contain the word 'mandatory'. That bit of tweaking is part of an effort to make the soon-to-be-proposed law more palatable to lawmakers and their constituents.

References to 'mandatory curbside recycling' in earlier drafts now read 'residential curbside recycling'. The 'mandatory' phraseology has been generally used in various contexts during the past year as the proposal was being developed.

"That doesn't mean you won't have to do it," said Paul Wilkinson, chairman of the Recycling Public Advisory Council. Rather, he told Delaforum, the change is intended to be "more descriptive of what [the law] is intended to do."

It was clear from discussion at a council meeting on Jan. 5 that the group's emphasis has shifted from coming up with a plan to divert 30% of material now going from homes into landfills for re-use to pushing for passage of a law which it believes will make that happen.

When combined with diverting an anticipated 50% of recyclable waste from commercial sources, that would produce a net recycling rate of 40%. The proposed law would call for reaching that goal within three years after its enactment.

"How are we going to sell this package?" Wilkinson asked rhetorically during the meeting. "It's not easy to sell, but I think we need to sell it."

"It's a good package. Sure, there are compromises in there, but it's a good package," he added.

A draft of proposed legislation drafted by Michael Parkowski, lawyer for the Delaware Solid Waste Authority, along with a report setting out the rationale for it are to be presented to Governor Ruth Ann Minner on Jan. 14, Wilkinson told the meeting. The immediate goal is to have her include recycling on the legislative agenda she will submit to the Assembly in her 'state of the state' message.

The governor's office did not respond to a request from Delaforum for comment.

There is no assurance, of course, that proposed legislation actually introduced into the Assembly will be the version that the council is recommending. As far as can be determined, there are no sponsors lined up. The council, which was established by executive order and serves at the pleasure of the governor, is advisory.

Parkowski told the meeting that he made several minor changes and a couple of substantive ones to the draft legislation in response to comments at a previously-reported council meeting in December and those received from council members after he distributed a revised version by e.mail during the Christmas-New Year holiday season. That version was not made available to other than council members either when it was distributed or at the Jan. 5 meeting.

Wilkinson told Delaforum that, as a matter of courtesy, only council members will get to see the final version before it goes to the governor.

The final version of its report was adopted by unanimous vote without discussion at the meeting.

One of the substantive changes, Parkowski told the council, was adding a provision to provide a 5% fee to the Department of Natural Resources & Environmental Control to administer a $5 million fund the law would establish to provide grants to incorporated municipalities to help pay capital costs associated with initiating collection of recyclables.

Council member Pat Todd, of the League of Women Voters, objected on the grounds that there had been no previous discussion of that point and that it could make enactment of a law more difficult. "It's like everybody gets a cut out of this," she said.

John Blevins, who represents the department on the council, said the fee is in line with what his and other state agencies receive to cover staff time and other overhead related to programs they administer. The money would be taken from the $5 million grant fund and would be applied only to grants actually given when they are given.

Wilkinson said another set of changes was intended to give the council an oversight role to monitor the effectiveness of the law and how it is applied. "An independent group has to be the watchdog. ... We'll [represent] the public looking over what's happening," he said.

 Marlene Rayner, who attended the meeting as an observer, pledged the support of the Sierra Club for the proposed legislation and said other environmental and civic organizations can be recruited to participate in a lobbying effort. "It's going to take a lot of us working together," she said.

As far as the general public is concerned, she added, there will need to be an extensive educational campaign. The proposed law provides for such an effort, financed by a surcharge on the fee collected from all trash transporters.

If a law is enacted and works as envisioned to achieve, Wilkinson said, Delaware will have a net recycling rate that would compare favorably with other states. Referring to year-old data, he said Oregon has the nation's highest rate, approaching 50%, with Minnesota and California being the other states with rates higher than 40%. New Jersey's is 38%, Maryland's is 29% and Pennsylvania's is 28%, according to Biocycle magazine, which is considered an authoritative source, he said. The same listing put Delaware's rate at 20%.

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