Adam M. Finkel, Sc.D.

I was not planning to submit testimony on HR13, but I just read the NWRA's recent letter opposing it. The author and the Association apparently do not understand the shared-- and distinct-- powers of the legislature and the executive agencies they fund. As a former appointee at various federal environmental agencies, I assure you that we took policy direction from our Congress every day of the week. In this case, the General Court has given DES considerable-- I personally believe far too much-- discretion to adjudicate permits and issue rules. **There is simply nothing wrong or nefarious with the Legislature indicating HOW it wishes DES to exercise its discretion in a particular case.** Here, the House would be transmitting to DES its well-considered view that the Granite State Landfill is unwise, unneeded, dangerous, and poorly-located. Finally, NWRA refers ominously to HR 13 ruining an "unbiased and fair review, free of irrelevant influences." What a sadly ironic comment! THIS LIFELONG expert in regulatory policy and process suggests the opposite to you: that it is DES that has been conducting a biased, unfair, and "captured" review, and that the time has come for the Legislature to REDUCE the bias. Thank you for considering these views.