Ken Mammarella June 27, 2022 Government, Headlines
DNREC’s Facebook page promotes the widened ban on plastic bags.
“Bags, wallet, keys and phone” are some new lyrics suggested for the old children’s exercise song “Head, Shoulders, Knees and Toes” as Delaware moves to a plastic bags ban.
The new words come from some creative folks at the Delaware Department of Natural Resources and Environmental Control to promote a broader and deeper ban on plastic bags that starts Friday, July 1.
In 2019, the state Legislature voted to keep supermarkets, drugstores and other large chains from giving away thin plastic bags, effective Jan. 1, 2021. The goal: a cleaner environment.
Supporters probably expected stores to only give away compostable paper bags or charge for reusable bags, discouraging their use. Stores did sell costlier reusable bags, but, citing a brown-bag shortage, many largely switched to free thicker plastic bags.
“Plastic film bags, regardless of thickness, are no longer allowed,” DNREC says on its FAQ . DNREC encourages customers to bring their own bags, and stores can offer reusable bags, paper bags or no bags at all. “ All retail stores in Delaware are affected by the change,” the agency writes. “Restaurants are not subject to the ban.”
“Ensuring our products are better for our communities and the planet is a priority for us,” said Dana Ward, a representative for Albertsons Companies, which owns Acme and Safeway stores. That’s why the chain participates in the Beyond the Bag Initiative “as part of our work to reduce plastic waste and create a more sustainable future.” The chain sells reusable bags and and encourages shoppers to bring their own.
Julie Miro Wenger – a representative for the Delaware Food Industry Council, which unites grocers, and the Delaware Association of Chain Drug Stores – said that she has asked the John Carney administration for help with a “cleanup” bill that will make the change easier for businesses and consumers.
The stores want to be able to:
• Use up their current inventory of single-use plastic bags.
• Use their judgment for the right size of bags. For instance, a pair of earrings purchased and bagged at a jewelry store would, under the new law, be in a bag that could hold four gallons of milk.
• Use single-use plastic bags for large items bought at in-store pharmacies, such as colonoscopy prep and some injectables. This would be another exemption written into the law.
Delaware’s Legislature, which would have to support such adjustments, ends its work at the end of June. The governor’s office said it was reviewing her request.
The Target store in the Brandywine Town Center posted a sign that it would no longer give out any bags. The Walmart in Rehoboth Beach in June was selling reusable bags for 50 cents, and a shopper posted on DNREC’s Facebook page that Boscov’s was selling them for 79 cents. At an Acme in Brandywine Hundred, reusable bags were $1-$2.
A sign on the door at a New Castle County Acme story warns patrons about the plastic bags ban.
DNREC’s lyrics illustrates how the ban is trying to encourage a new way to shop, along with reducing the number of bags left blowing in the wind, marring the seascape or lingering in landfills.
“Thicker bags only compounded the threat on our environment,” Rep. Gerald Brady, the Wilmington Democrat who sponsored the tougher law, said when it was introduced.
The new law says reusable bags “must be made of polypropylene fabric, PET non-woven fabric, nylon, cloth, cotton, jute, hemp product or other washable fabric” its sponsors said when it was introduced. It must also have stitched handles, be designed to be used at least 125 times and have a capacity of at least four gallons.
The tougher law retains multiple exceptions, such bags for unwrapped food and dry-cleaned clothes. And people can still buy thin plastic bags for dog duty and other uses.
If shoppers bring their own bags, they are likely to be encouraged or required to bag their purchases. Bags should be cleaned between uses, DNREC advises.
Clean plastic bags should be returned to the recycling bins at retailers. Stores that offer exempt plastic film bags to consumers must provide such bins. DNREC doesn’t want plastic bags put into at-home recycling bins, because they tend to jam recycling machinery.
The original ban netted an unintended consequence with the widespread use of thicker plastic. Will there be another unintended consequence from the revision for stores’ curbside delivery and shopping services like Instacart? Will a bag fee just become another charge on the order? Or would it encourage thrifty customers to return to shopping for themselv es? Only time will tell.
“Maybe we should tackle inflation and rising prices first so we can put groceries in a bag?” Alex Houston wrote on DNREC’s Facebook page.
After weeks of candidates campaigning, Delaware’s 38 school board candidates face the voters Tuesday, May 10. Polls open on May 10 at 7 a.m. and close at 8 p.m. While school board elections typically draw only 10% of the available voters, many Delaware organizations are hoping for a higher turnout this year. Jane Brady, chairwoman of the Delaware State Republican Party, expects one. Participation in education has been trending upwards in recent years as the pandemic shifted the way schools operated and school board meetings went online, she said. That gave parents much more access and awareness of their child’s education, she said. “Parents are more aware of how important it is to inquire into the curriculum and materials that are being taught to their children and having more parents on the school board itself is critical to making sure their voices are heard,” Brady said. John Marinucci, executive director of the Delaware School Boards Association, noted that public education is largely local determined by local boards. Those boards need engaged citizens, he said. People should vote whether or not they have children in Delaware’s schools, said Laurisa Schutt, executive director of First State Action Fund, an organization that works to improve education in the state. “The leadership in our school boards directly affects the dynamism in our communities for everybody,” she said. “Schools are anchors in extraordinary communities, always. Functional, thriving communities have excellent schools.” Schutt pointed out that voting for a school board member also helps determine how millions in school money is spent. “School board members deploy hundreds of millions of public dollars, i.e. taxpayer dollars,” she said. “They hire the superintendent, they set the tone and the vision for the district, which sets the stage for innovation and problem solving.” Her organization was one of 10 that held a series of forms designed to educate voters about candidate positions. Schutt said that forums and voting guides – both the ACLU and Delaware League of Women Voters have one – have helped cut the confusion of who the candidates are and which district a resident is allowed to vote in. To watch recordings of the forums, go to First State Action Fund’s Facebook page here. While school board elections are supposed to be non-partisan, they increasingly have been more political in recent years. The Delaware State Republican Party this year endorsed several candidates, offering them campaign help. Brady said topics such as critical race theory, gender orientation and sex education have trickled into the classroom, and parents want to make their voice heard on these key issues. She would rather see Schools focus on academics and socializing students, rather than “bringing them to a particular political perspective.” Polling places for each district can be found here. To vote, a person must present a valid form of identification to prove that they live in the district they are voting in. They must be a U.S. citizen and over 18 years old, but they do not have to be a registered voter to vote.
Many libraries say they are out of the Abbott at-home COVID-19 test kits that they were giving away this week. Delaware’s new COVID-19 cases continue to climb, with an average of 147 new cases on Thursday, That’s up from 20 new cases a day on June 20, the low point before the Delta variant began to prey on the unvaccinated and caused the number to rise again. Delaware’s Division of Public Health issues a weekly report of new cases, determined by a seven-day average. On June 30, the state said there was an average of 90 new cases a day. That same day, the state said there were 32 people hospitalized. On Friday, it said there were 71, with eight in critical condition. Because of the increasing numbers, Gov. John Carney on Tuesday issued new guidelines, saying the unvaccinated should be tested once a week to try to identify and stop the spread of the virus. The state also said those who are not vaccinated should be tested five to seven days after being exposed to someone with COVID-19 and that they should isolate at home immediately if they are unvaccinated and develop symptoms of COVID-19, as well as quarantine immediately at home if exposed to the virus. The Centers for Disease Control recommends fully vaccinated people get tested three to five days after being exposed to someone with COVID. Fully vaccinated individuals do not need to quarantine after exposure, the state said. Delaware has seen 112,298 positive cases of COVID-19 reported since March 11, 2020. The state also has said 1,833 Delawareans have died. No new deaths were reported this week. At the same time, the centers for Disease Control and Prevention says 73.2% of Delawareans ages 18+ have received at least one dose of the vaccine. Among Delawareans 12+, 534,132 have received at least one dose of the COVID-19 vaccine, and 474,050 Delawareans are fully vaccinated. As of Friday morning, 1,067,747 doses of the vaccine have been administered. The state had announced Tuesday that most Delaware libraries would have take-home COVID-19 rapid antigen test kits that any resident could ask for. The Abbott BinaxNOW tests include two tests that give results in as little as 15 minutes. A random survey Friday of upstate and downstate libraries found that most are out of the kits. Testing is available around the state at drug stores, health centers and more. Go here to look for a place to be tested. Vaccines are widely available at pharmacies and other places. Check here for locations. The Public Health COVID vaccine mobile units, with Pfizer and Johnson & Johnson vaccines, will be out around the state at these places: Monday: North Dover Elementary, Dover, 8 a.m. – 4 p.m.; Beaver Brook Shopping Center, New Castle, 10 a.m. – 2 p.m. Tuesday: First Responder Night, Milford, 5 p.m. – 8 p.m. Wednesday: Kirkwood Park, Wilmington, 3:30 p.m. – 7 p.m. Thursday: Laurel Senior Center, Laurel, 10 a.m. – noon; Save A Lot, Seaford, 1 p.m. – 3 p.m. Friday: Adams Four Shopping Center, Wilmington, 9 a.m. – 1 p.m. Saturday: Edna C. Dickey Park, Newark, 10 p.m. – 2 p.m.
Delaware Auditor of Accounts Kathleen McGuiness walks out of the Leonard L. Williams Justice Center in Wilmington alongside her attorney, Steve Wood, after a pre-trial hearing on April 7, 2022. State Auditor Kathleen McGuiness’s attorney on Thursday asked a judge to consider pretrial motions to dismiss one of the charges she faces and compel the state to hand over information. The two-hour hearing ended without a ruling by Judge William C. Carpenter Jr. of the Superior Court of Delaware. Carpenter surprised the defense at the end of the hearing by announcing he didn’t think a May trial would give either side, or the court, time to properly prepare. If he moves it, he said, it likely will be held in late summer or early fall, but he has not decided. If it’s moved, the trial could be within just a few weeks of the Sept. 13 state primary election. McGuiness has said she plans to seek a second term. She faces felony and misdemeanor charges alleging conflict of interest, theft, non-compliance with procurement law, official misconduct and witness intimidation. She’s accused of arranging public payments to a campaign consultant to avoid regulator scrutiny, firing workers in her office to hire her daughter, who she allowed to use a state car then kept paying while the daughter was in college and not working, and attempting to intimidate employees who might help investigators looking into her conduct. McGuiness’s attorney, Steve Wood of McCarter & English, filed three motions. The motions ask the court to dismiss count three, felony witness intimidation, and count five, misdemeanor non-compliance with procurement law. A third motion asks the court to compel the state to provide discovery, or documents, that the defense can use to argue the state is selectively prosecuting McGuiness for activities that are commonplace amongst Delaware elected officials, like hiring family members and securing work and contracts for former campaign contributors. The judge announced at the beginning of the proceedings that a separate trial will be scheduled in the future to hear arguments about count three. Relating to count five, Wood argued the indictment against McGuiness came in Sept. 2021 and the investigation, according to prosecutors, was ongoing for nearly a year prior to the indictment. McGuiness, however, only became aware of the investigation in September after a search warrant was executed at her office. The witness intimidation charge alleges that McGuiness knowingly and with malice attempted to prevent or dissuade a witness or victim from attending or giving testimony at any trial, proceeding or inquiry authorized by law. Such intimidation, Wood argued, requires the defendant to be aware of an investigation and then attempt to prevent or dissuade a witness or victim from participating. Because the indictment alleges some of the acts of intimidation occurred prior to McGuiness becoming aware of the investigation, Wood said it does not meet the standard set in the Delaware Criminal Code. Deputy Attorney General Mark Denney, who is prosecuting the case, said felony witness intimidation does not require a defendant to be aware of an active investigation or trial. Instead, he said, the defendant must only be aware that they engaged in criminal misconduct. Any subsequent intimidation would therefore meet the legal standard. Carpenter seemed to agree that if McGuiness was not aware of an investigation, she could not know that witnesses even exist and thus could not meet the legal standard for witness intimidation — at least until she became aware of the investigation in Sept. 2021. The state updated the indictment last week to include an accusation that McGuiness threatened to intimidate employees after Sept. 2021. The updated indictment alleges McGuiness encouraged employees to yell out loud “confidentiality” as the office’s motto during staff meetings. “On or about February 11, 2022, DEFENDANT called an all-staff meeting,” the updated indictment reads. “DEFENDANT was displeased that, in her belief, information was leaking from the OAOA. She told them that she used to have the staff yell out loud, ‘Confidentiality!’ and that ‘confidentiality’ means ‘what happens in this office, stays in this office.’ Near the end of the meeting, DEFENDANT warned, ‘We are gonna have a zero tolerance for negativity.’” Wood argued that the importance of confidentiality was expressed at every staff meeting since her election as state auditor and is meant to protect the work of the office, not to serve any personal interest for McGuiness. Such emphasis on confidentiality is integral to the office’s work, he said, and is not meant to intimidate. Relating to the motion to compel discovery, Wood asked the court to force prosecutors to hand over information detailing which other state elected officials have hired immediate family members to work for their agencies and engaged in contracts just beneath the oversight and approval threshold. With that information, Wood hopes to prove that the Department of Justice is specifically targeting McGuiness for prosecution despite the alleged activities being commonplace in state government, and rarely, if ever, prosecuted. Denney said nepotism is not illegal and neither is hiring outside contractors, but what is illegal is providing benefits to family members which other similarly situated employees do not receive, and intentionally structuring payments to avoid scrutiny. The judge is expected to rule on both motions sometime Thursday, but as of 2 p.m. nothing had been filed. A separate trial will take place to consider the motion to dismiss the non-compliance charge. Carpenter said at the end of the proceedings that he is concerned the May 16 date for the trial to begin will not give each side, or the court, enough time to prepare. Wood protested, saying the defense is ready to proceed and the trial should not be delayed only because the state is unprepared to argue its case. Carpenter said such decisions are at the discretion of the court. “I know Ms. McGuiness would like this to be behind her, and there are reasons for that,” he said. The Democratic Party is likely to have a candidate to challenge McGuiness in that election. […]
Two Republican lawmakers stormed out of a House committee hearing Wednesday after being asked to limit their questions and public comments were restricted to one minute each. The committee met to discuss five bills with just an hour allotted for the meeting before lawmakers were due on the House floor for a short session. Two of those bills – Senate Bill 90 and House Bill 252 – elicited extensive comments and questions from lawmakers. Senate Bill 90 is a controversial bill that would require landlords to accept tenant applications from Housing Choice Voucher – or Section 8 – recipients. House Bill 252 would require each county to reassess real estate property values every five years. After a public commenter was cut off before finishing his testimony on HB 252, Mike Ramone, R-Pike Creek, shouted, “This is a farce,” collected his belongings and exited the room. Thirty minutes later, during discussion on SB 90, Rep. Jeff Spiegelman, R-Clayton, loudly slammed his hand down on the table, yelling, “This is a farce of a committee meeting. I am not going to participate in this committee process. This is absolutely not a public committee.” The House Housing and Community Affairs Committee meeting began at 1 p.m. Lawmakers were due on the House floor at 2 p.m. for a short session to vote on one resolution to recognize May 22, 2022 as “World Preeclampsia Day,” which raises awareness for pregnancy complications characterized by high blood pressure. Housing Committee chair Rep. Kendra Johnson, D-Bear, said at the beginning of the hearing that public comments would be limited to one minute each in order to accommodate the committee’s packed agenda. After Ramone asked a series of questions on HB 252, Johnson asked him to stop and allow other lawmakers to ask questions. “I don’t want to be rude,” Ramone responded. “But we have five bills here today and we have to go on the floor at 2, and you’re not letting us discuss bills as we are supposed to be doing as legislators before we drop something on our constituents and we don’t know the answers.” After a representative from the Department of Finance was cut off in the middle of his testimony, Ramone left the meeting in protest. The commenter was later allowed to return and conclude his remarks. Later, while discussing SB 90, Spiegelman began questioning the bill’s House sponsor, Rep. Sherae’a Moore, D-Middletown. After asking a number of questions, Johnson cut Spiegelman off. “Rep. Spiegelman, can you ask one more question? There are two other committee members who would like to ask questions,” Johnson said. “Madam chair,” Spiegelman responded. “I will ask as many questions as I feel are necessary for this bill.” Rep. Stephanie T. Bolden, D-Wilmington, cut in. “Excuse me, we will not disrespect the chair,” Bolden said. Spiegelman reiterated that he would ask as many questions as he feels are necessary. “And we will go on to the next person,” Bolden said. “You’re not going to sit here and be rude to her.” Spiegelman continued his line of questions. When he was interrupted again, he slammed his hands down on the table, knocking over a water bottle and shocking many of the attendees. Numerous committee members arose from their seats. “Point of order, point of order,” shouted Rep. Larry Lambert, D-Claymont, one of those who stood. “You need to calm down, you need to calm down.” As he was leaving the room, Spiegelman shouted, “This is absolutely not a public committee.” “Well good,” Bolden said. “Then get off the committee.” After the meeting, Spiegelman told Delaware LIVE News that not having the time to publicly vet the bill was “extremely frustrating.” “The committee system serves as an extremely important gatekeeper role for making sure that bills are ready for primetime – they’re ready for the House floor,” Spiegelman said. “And so the back and forth between members of the committee, the bill sponsor, etcetera, is oftentimes much more beneficial to the public good.” He said committee leaders should have considered whether putting five bills on the agenda – two of them controversial bills – was an effective strategy, knowing the meeting could only last one hour. Spiegelman said he understands Johnson was in a tough spot and acknowledged that as the legislative session draws to a close, committees will have to handle more and more bills on tight deadlines. “I understand where she was coming from,” Spiegelman said. “But to give an hour for five bills, two of which are of real substance – it just isn’t enough time.” Asked whether he regrets slamming his hands down on the table, Spiegelman said, “No comment.” Pressed as to whether it was a heat of the moment reaction, he said “Yes. Just a heat of the moment thing. Ask me again in an hour.” Senate Bill 90 was tabled, creating the potential for an even more packed agenda during the committee’s next hearing.
A bill filed by a Millsboro Republican would stop state agencies from requiring vaccines. File photo. A Republican representative has filed a bill that would prevent Delaware colleges and universities from insisting students be vaccinated to return to campus this fall. House Bill 209 filed by Rep. Rich Collins, R-Millboro, would forbid state or local governments including any entity receiving at least $10 million in annual state funding, such as the University of Delaware, Delaware State University and DelTech from requiring proof of vaccination to engage in certain activities or receive services. “No one should be coerced into having a vaccine injected into their body,” said Collins said in a press release. He says the bill will prohibit the denial of rights and services to citizens based on their COVID-19 vaccination status. It would not apply to the question of whether businesses can require workers to be vaccinated. Efforts were not successful Thursday to get responses from Democratic leaders in the Delaware General Assembly or college communications staff. Some opposed to vaccinations say that requiring proof of vaccination is a way to force those reluctant to take a shot into doing it. Collins says requiring vaccinations tramps over citizens’ most basic rights. “There are some people that may have religious objections,” he said in the press release. “Others may believe that the vaccine poses a bigger threat than contracting the virus. In any case, our citizens have the right of self-determination, the right to worship as they see fit, and the expectation that their health care privacy will be respected. My bill seeks to safeguard these citizens’ protections as it relates to the administration of the vaccine.” Collins said requiring vaccinations is not needed to reach herd immunity, which is the point in a population when most people are immune to an infection. House Bill 209 would apply to any order issued by the governor under his ongoing State of Emergency declaration, the press release said. It says any individual or organization covered by the bill could “not adopt or issue a regulation, ordinance, law, order, or similar policy that requires an individual to undergo medical vaccination against COVID-19, or prove that the individual has been vaccinated against COVID-19, to exercise a lawful right or receive a benefit or service that is available to the public.” Collins’ press release pointed out that the Kaiser Family Foundation has said it’s unclear if businesses can require a vaccine because they are all now under an Emergency Use Authorization. Pfizer, however, has filed for full authorization. “To date, at least one federal lawsuit (Legaretta v. Macias) has been filed challenging an employer’s COVID-19 vaccine mandate on the grounds that vaccines are still under emergency use authorization,” a recent KFF report stated. Should House Bill 209 become law, it will expire one year after its enactment.
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