Executive Order 36 - Summary from Positive Growth Alliance

Jul 10, 2013 -- 6:08am

As you know, Rich Collins joins me most Mondays at 3 o'clock. We've discussed Executive Order 36, the governor's effort to streamline regulations. Here's the latest e-mail from the Positive Growth Alliance which addresses the outcome of EO36. I'm sure Rich and I will be discussing this Monday. We'd love to have your impressions as well. Thanks for being involved.


 Executive Order 36 bears fruit!

 On June 14, 2012, Governor Markell signed Executive Order 36.  This order required a review by state agencies of all their regulations more than 3 years old.  We now have the results and there are definitely some positives, particularly from DelDOT

See the final report here:

According the summary, DelDot will:  (pages 8 & 9)


  • allow more flexibility in the requirement that multi-modal paths be included  in projects, particularly in rural areas 

  • modifying their rules so that a new entrance permit will not be required just because there has been a change in ownership

  • creating a new process for approval of commercial projects that generate less than 199 "average daily trips" 

Readers might recall that the Positive Growth Alliance worked hard to publicize the various public hearings scheduled to meet the requirements of Executive Order 36 and did what we could to promote participation by the public.  In addition,  we testified in several of the hearings.  As we predicted, however, comments were relatively few.  See page 6 of the official report to see just how few comments there were.   


In fact, here's what we stated in an e-mail on 7/13/12:   

Will this effort benefit us?  That depends on the reaction of state agencies and those who supervise them.  


Up to now, whenever we complained that regulations were damaging, we were told, "tell us specifically what needs to be changed."  That seldom happened because most of those interacting with the regulators feared there would be retribution by those very same regulators when the next permit was requested.


Furthermore, regulations are complex.  It would be expensive and burdensome for those in the private sector to tell those in government exactly how to do their jobs, especially when history shows it nearly always falls on deaf ears.


Finally, the regulations themselves are only half of the problem.  Many of the concerns have to do with how they are implemented.


Loss of paperwork, unending delays, constantly forcing applicants to make changes without regard to cost, and an absolute indifference to how all this affects business and jobs is the other big story.  Only with a major change of attitude can these problems be fixed.

To the credit of our state agencies, they decided to modify many rules even when they didn't have public testimony to support it. This is a good sign.

We urge all to read the complete report.  There will definitely be some positives for the economy and the thank the Governor and our regulators for that.

In our opinion, however, this is just a start.  Economic growth in Delaware for all of 2012 was only 0.2%. (Page 2 of the July Delaware State Treasurer's report.)  The Positive Growth Alliances urges our state government to relentlessly seek out regulatory impediments to job creation and to pass pending legislation that would establish a more disciplined path for our regulators to follow in the future.  We also must look hard at pending regulations in DNREC that have the potential to stop growth with very little environmental benefit.



 See the State Treasurer's report on the state of the Delaware economy: 


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