Coastal Zone Act changes need more public input

A Delaware Voice Op-Ed by Jordyn Pusey, President Civic League for New Castle County

Coastal Zone Act changes need more public input: Delaware Voice

In June of this year, the Coastal Zone Conversion Permit Act (HB 190) was introduced before the General Assembly. Many groups, including the Civic League for New Castle County, had bemoaned the lack of outreach to civic groups, environmental groups, and especially “fenceline” communities that will be most affected by any changes to the Coastal Zone Act regulations.

The appearance of this legislation, the process behind its formulation, and the speed in which it went from introduction to approval seemed to cater to special interests and industry insiders, at the expense of a fully transparent and public process. At that time, groups were assured by the bill’s sponsors and other proponents that the public would have the opportunity for input during the promulgation of regulations.

When the Department of Natural Resources and Environmental Control (DNREC) Secretary Shawn M. Garvin signed the Start Action Notice for the regulatory process in late September, he was quoted as saying that “DNREC is committed to developing the regulations governing Delaware’s Coastal Zone Act Conversion Permit in a transparent manner that facilitates and encourages public input and involvement” and that “in order to ensure a wide representation, the Regulatory Advisory Committee will be composed of stakeholders including regulated parties, large and small businesses, organized labor, communities, conservation and environmental organizations, regional and local government, and other affected persons.”

The Critical Needs Assessment notes that “DNREC shall begin the Public Workshop process no later than October 1, 2017” and that failure to meet certain deadlines would “have political consequences and likely erode the public trust.”

By some twist of logic, the promised public workshops morphed into “confidential, stakeholder interviews” with a third party: the Consensus Building Institute. These interviews were conducted with 25 different individuals and groups identified by DNREC as “stakeholders” and took place towards the end of October.

Not one member of a community or civic group was initially invited to participate. DNREC did eventually invite the Civic League to participate, and despite our deep concerns over the opaque process, we agreed. We strongly encouraged that finding consensus must be an inclusive, open process for all stakeholders.  

Where does that leave fenceline communities? They are not being truly included in the public process, and are consigned to live with the environmental and health implications of legacy pollution and potential new heavy industrial pollution.

It is troubling that community leaders and residents have not been deemed valuable enough by a state agency to share their experiences, goals, and concerns about changes to the Coastal Zone Act and how those changes will directly impact their communities.

DNREC scheduled two "public workshops" this week. While we encouraged people to attend so that their voices were heard, holding two “public workshops” on short notice is wholly insufficient.

Public workshops are not public hearings. They are not necessarily part of any formal record. Giving two weeks notice of workshops held the week after Thanksgiving does not allow for the public to engage on a meaningful level about regulations that can potentially impact their lives in very serious ways.

If our leaders truly value a public, transparent process, then DNREC needs to immediately change course and call for at least four public hearings prior to the formation of the Regulatory Advisory Committee. Residents from neighboring communities should ultimately serve on the RAC. These workshops should be held in the areas of Claymont, Southbridge, the Route 9 Corridor, and Delaware City. They should be held at a convenient time, so that working citizens can attend, and in locations that are accessible to public transit and pedestrians.

Public trust is eroding steadily. Claims of valuing transparency and open government mean nothing if actions do not match words. Please call your legislators to request this process be as open and inclusive as possible. We must start valuing the opinions of all of our citizens and making the necessary accommodations to reach out and bring groups together for the benefit of all. It’s never too late to do the right thing.