Department of Natural Resources and Environmental Control

Del. Code tit. 29, ch. 80
in effect

Del. Code tit. 29, § 8001 Establishment of Department of Natural Resources and Environmental Control.

A Department of Natural Resources and Environmental Control is established and shall have, in addition to the other powers, duties and functions vested in the Department by this chapter, the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Highway Department pursuant to Chapter 45 of Title 7.

Del. Code tit. 29, § 8002 Secretary; division directors; Acting Secretary; appointment.

(a) The administrator and head of the Department is the Secretary of the Department of Natural Resources and Environmental Control (“Secretary”), who must be a person qualified by training and experience to perform the duties of the office. (1) The Secretary is appointed, confirmed, and holds office as provided in § 10 of Article III of the Delaware Constitution. (2) The Secretary is to be paid an annual salary as determined by the General Assembly in the annual appropriations act. (3) The Secretary must obtain and retain residency in this State as provided in § 10 of Article III of the Delaware Constitution. (b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of division director as are vacant. Directors so appointed shall serve at the pleasure of the Governor, and, upon the position of Secretary being filled, such directors may be removed by the Secretary with the written approval of the Governor. (c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the Deputy Secretary of the Department to serve as Acting Secretary. The Secretary or the Acting Secretary may, during an absence from the State, appoint the Deputy Secretary or a Division Director of the Department to serve as Acting Secretary during such absence. In either case, the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during the absence or incapacity or until a successor is duly qualified and appointed.

Del. Code tit. 29, § 8003 Powers, duties and functions of the Secretary.

The Secretary may: (1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, including an Office of Natural Resources and an Office of Environmental Protection, functions, and employees. The Office of Natural Resources may include the Divisions of Fish and Wildlife, Parks and Recreation, and Watershed Stewardship. The Office of Environmental Protection may include the Divisions of Air Quality, Waste and Hazardous Substances, and Water. (2) Appoint and fix the salary, with the written approval of the Governor, of the following personnel, who may be removed from office by the Secretary, with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary: a. A Deputy Secretary position in the Department who shall be known as the Deputy Secretary and who shall be qualified by training and experience to perform the duties of the office; b. A Director of the Division of Fish and Wildlife, who shall be known as the Director of Fish and Wildlife and who shall be qualified by training and experience to perform the duties of the office; c. A Director of the Division of Parks and Recreation, who shall be known as the Director of Parks and Recreation and who shall be qualified by training and experience to perform the duties of the office; d. A Director of the Division of Watershed Stewardship, who shall be known as the Director of Watershed Stewardship and who shall be qualified by training and experience to perform the duties of the office; e. A Director of the Division of Air Quality, who shall be known as the Director of Air Quality and who shall be qualified by training and experience to perform the duties of the office; f. A Director of the Division of Water, who shall be known as the Director of Water and who shall be qualified by training and experience to perform the duties of the office; g. A Director of the Division of Waste and Hazardous Substances who shall be known as the Director of Waste and Hazardous Substances and who shall be qualified by training and experience to perform the duties of the office; and h. [Repealed.] i. A Director of the Division of Climate, Coastal and Energy, who shall be known as the Division of Climate, Coastal and Energy, who shall serve as the State Energy Coordinator and who shall be qualified by training and experience to perform the duties of the office. (3) Appoint such additional personnel as may be necessary for the administration and operation of the Department. Those positions in the classified service shall be hired through the Office of Personnel. Those positions not in the classified service shall not be hired through the Office of Personnel and shall not receive an appointment exceeding 180 days in any calendar year. No pro rata share of employee administration costs shall be paid to the Office of Personnel; (4) Establish, consolidate, abolish or transfer or combine the powers, duties and functions of the divisions, subdivisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, provided that all powers, duties and functions required by law shall be provided for and maintained; (5) Make and enter into any and all contracts, agreements or stipulations, and retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable in the performance of the functions of the Department and whenever funds shall be available for such purposes. All necessary legal services shall be provided pursuant to Chapter 25 of this title; (6) Delegate any of the Secretary’s powers, duties or functions to a director of a division except the Secretary’s power to remove employees of the Department or to fix their compensation; (7) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State; (8) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department; (9) Adopt an official seal or seals for the Department; (10) To require, prior to any exploration or exploitation of offshore minerals, or any pumping or transfer operation of offshore minerals from a ship to another ship, or from a ship to land, or vice versa, that a bond in the amount of at least $1,000,000 be posted to secure to the State any damages and claims arising from the operations; (11) The Secretary is empowered to administer and distribute funds in the form of grants to qualified agencies for the construction of treatment works from such funds as may be appropriated from time to time for this purpose. a. Definitions. — 1. “Council” shall mean the Water Infrastructure Advisory Council. 2. “Department” shall mean the Department of Natural Resources and Environmental Control. 3. “Inflow and infiltration” shall mean any rainwater, melted snow, ground water or stream water entering a sanitary sewer system designed to transport sewage and industrial wastes only. 4. “Qualified agency” shall mean any legally incorporated town or city, Levy Courts or other governments of the counties, state agencies, nonprofit corporations providing water or wastewater services as a regulated utility pursuant to a certificate of public convenience and necessity granted by the Public Service Commission, and sewer districts authorized by law and organized to provide publicly owned and operated treatment works. 5. “Secretary” shall mean the Secretary of the Department of Natural Resources and Environmental Control or the Secretary’s duly authorized representative. 6. “Treatment works” shall mean any device and system used in the storage, treatment, recycling and reclamation of municipal sewage, “domestic wastewater” as defined in Chapter 60 of Title 7, or industrial wastes of a liquid nature, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment, and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities and improvements to exclude or minimize inflow and infiltration. b. Treatment works projects. — 1. The Secretary shall promulgate procedures for the administration and distribution of grants. 2. The State’s share of any treatment works shall be a minimum of 25% of the eligible costs as determined by the Environmental Protection Agency pursuant to 33 U.S.C. § 1251 et seq., only if: A. The treatment works, having received federal approval, has awarded contracts for start of construction after January 1, 1970; B. The treatment works has received a grant offer from the Environmental Protection Agency prior to October 18, 1972; or C. The treatment works has received a grant offer from the Environmental Protection Agency after September 30, 1984, and the treatment works project has not been segmented or phased prior to October 1, 1984, entitling it to a 75% federal grant. 3. The state’s share of any treatment works which has received a grant offer from the federal government pursuant to § 202 of PL 92-500 [33 U.S.C. § 1282] shall be a minimum of 10% of the treatment works cost. The acquisition of real property shall not be included in the project cost. 4. The state’s share of any treatment works may be reduced by the Secretary if the cumulative share of state and federal grants exceed 85% of the total treatment works costs. 5. The Secretary may, with the consent of the Governor, make emergency grants and/or loans to any treatment works if the qualified agency demonstrates, to the satisfaction of the Secretary, the need for such funds. No project shall receive more than 33 1 / 3 percent of the total project cost as state grants except as provided in paragraph (11)c.2.B. of this section. 6. No treatment works project shall receive a state grant unless it is certified by the Secretary to receive priority for funding based on the priority list. c. Inflow and infiltration control. — 1. The Secretary shall promulgate procedures for making grants to qualified agencies for the purpose of reducing infiltration and inflow into existing sewer systems. 2. No inflow and infiltration reduction project shall receive more than: A. 10% of the costs of such a project if the project also receives a federal grant; B. 50% of the costs of such a project if the project is required by the Department to improve the performance of the sewerage system and federal funds are not available; C. The cost of legal, engineering and administrative services, and the cost of television inspection shall be included in the cost of the inflow and infiltration reduction project. d. Priority list. — 1. The Secretary shall, at least annually, submit to the Council a list of treatment works projects and inflow-infiltration reduction projects. The list shall be comprised of applications submitted by qualified agencies pursuant to procedures promulgated by the Secretary and arranged in an order of priority. 2. The Council shall hold a public hearing on the list submitted by the Secretary. The Council shall review the testimony received and comment upon, approve or rearrange the priority list. While rearranging the priority list, the Council shall give due recognition to regulations promulgated by the Department and the United States Environmental Protection Agency. The Secretary shall make grants utilizing the priority list and all applicable procedures and regulations. 3. The Secretary’s list shall become the approved list if the Council fails to hold a hearing, comment upon, approve or rearrange the list within 30 days of submission to the Council. e. Appropriations and disbursements. — The Secretary may allocate up to 15% of the total funds appropriated by the General Assembly for state grants to fund projects specified in paragraph (11)c. of this section. f. Advancements. — 1. The Secretary may allocate up to 5% of the total funds appropriated by the General Assembly for state grants to a revolving advancement fund. 2. The Secretary may adopt procedures for providing advancement to qualified agencies for the purpose of initiating the necessary planning studies required under the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. § 1314 et seq.) and the federal grant regulations promulgated thereunder, or for state funded projects. A qualified agency may receive an advancement when it is demonstrated by such agency to the satisfaction of the Secretary that the referenced planning activities place an undue financial burden on the agency. 3. When a qualified agency receives federal and/or state grants for a project for which an advancement is made, and construction of the project commences, the amount of the advancement shall be subtracted from the state grant payment. In no event shall an advancement under this paragraph entitle a qualified agency to a greater amount of state grant moneys than specified in this paragraph. 4. In the event a qualified agency fails to proceed with the construction of project after the completion of necessary planning studies, the Secretary may seek recovery of moneys advanced to the qualified agency. If the qualified agency refuses to return advancement moneys after written request by the Secretary, the Secretary may seek the recovery of such advancement money in a civil lawsuit in the Superior Court. (12) The Secretary is empowered to administer a state revolving loan program in accordance with the requirements set forth in Title VI of the Federal Water Pollution Control Act [33 U.S.C. § 1381 et seq.]. a. Definitions. — 1. “Delaware Water Pollution Control Revolving Fund” shall mean the special fund created pursuant to this subsection. 2. “Department” shall mean the Department of Natural Resources and Environmental Control. 3. “Federal Water Pollution Control Act” shall mean the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. and regulations promulgated thereunder. 4. “Person” shall mean any individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, state, municipality, commission, political subdivision of a state or any interstate body. For purposes of this subsection, the term “municipality” includes a nonprofit corporation providing water or wastewater services as a regulated utility pursuant to a certificate of public convenience and necessity granted by the Public Service Commission. 5. “Secretary” shall mean the Secretary of the Department of Natural Resources and Environmental Control. b. Delaware Water Pollution Control Revolving Fund. — There is hereby established a “Delaware Water Pollution Control Revolving Fund” as contemplated by and to be administered pursuant to Title VI of the Federal Water Pollution Control Act. All federal capitalization grants received pursuant to the Federal Water Pollution Control Act, any state reallocations of federal construction grants funds pursuant to the Federal Water Pollution Control Act, all required matching state funds and all loan repayments received by the State pursuant to any loan agreement made under the Delaware Water Pollution Control Revolving Fund, shall be credited to the Delaware Water Pollution Control Revolving Fund. In addition, all proceeds of obligations issued by the State and supported by a pledge or other interest in the funds in the Delaware Water Pollution Control Revolving Fund, shall be held in or for such Fund. The Delaware Water Pollution Control Revolving Fund shall be deemed to be a special fund and shall be approved by the Governor for the following purposes: 1. To accept and retain the funds and revenues specified herein; 2. To make loans to eligible persons for qualifying purposes under the Federal Water Pollution Control Act; 3. To buy or refinance debt obligations of eligible persons for qualifying purposes under the Federal Water Pollution Control Act; 4. To guarantee or purchase insurance for obligations of eligible persons for qualifying purposes under the Federal Water Pollution Control Act; 5. To make loans to eligible persons to implement a nonpoint source pollution control management program under the Federal Water Pollution Control Act; 6. To make loans to eligible persons to implement an estuary conservation and management program under the Federal Water Pollution Control Act; 7. To be a source of revenue or security for the payment of principal and interest on revenue bonds of the State if the proceeds of the sale of such bonds will be deposited in the Delaware Water Pollution Control Revolving Fund; 8. To earn interest on amounts on deposit in such Fund; 9. To finance the reasonable costs incurred by the State in the administration of the Delaware Water Pollution Control Revolving Fund as permitted under the Federal Water Pollution Control Act; 10. To accomplish any other allowable purpose under the Federal Water Pollution Control Act. The Department is designated as the administering agency of the Delaware Water Pollution Control Revolving Fund and shall have such powers necessary to administer such Fund including, but not limited to, the power to enter into capitalization grant agreements with the Environmental Protection Agency, the power to accept capitalization grant awards made under the Federal Water Pollution Control Act and the power to manage and make loans from the Fund in accordance with the requirements of the Federal Water Protection Control Act. The Department shall take all actions necessary to secure for the State the benefits of Title VI of the Federal Water Pollution Control Act. c. Standards and procedures. — Before making any loan from the Delaware Water Pollution Control Revolving Fund, the Department shall specify: 1. Standards for the eligibility of borrowers and the type of projects to be financed with loans; 2. Procedures for the preparation, review and approval of the “project priority” list which must contain those projects for which financial assistance is sought; 3. Procedures for submitting applications for financial assistance and procedures for Department approval of such applications; 4. Procedures for completing an environmental review of projects pursuant to paragraph (12)d. of this section; 5. Conditions for financial assistance; and 6. Other relevant criteria, standards or procedures. Standards and procedures specified under this paragraph shall provide for a final approval by the Water Infrastructure Advisory Council of any loan from the Delaware Water Pollution Control Revolving Fund and the “project priority” list. d. The Secretary shall conduct an environmental review of projects otherwise qualifying under this subsection which shall be sufficiently consistent with the provisions for environmental review established under 40 C.F.R., Part 6, and the Secretary’s environmental review standards and procedures established in Title 7. (13) Establish, supervise, direct and account for the operations and functions of the personnel responsible for the enforcement of the laws, regulations, rules, permits, licenses, orders and program requirements of the Department of Natural Resources and Environmental Control. In exercising the powers, duties and functions under this paragraph, the Secretary may: a. Employ enforcement personnel who shall be officially known as law-enforcement officers of the Department of Natural Resources and Environmental Control, but who may be designated as Natural Resources Police Officers and shall include environmental protection officers, Fish and Wildlife Agents and park rangers; b. Classify law-enforcement officers of the Department of Natural Resources and Environmental Control according to rank, title or duties assigned as deemed appropriate; c. Assign or reassign law-enforcement officers of the Department of Natural Resources and Environmental Control to the divisions, subdivisions and offices of the Department to perform enforcement duties as deemed appropriate; d. Provide law-enforcement training for law-enforcement officers of the Department of Natural Resources and Environmental Control; and e. Establish a central filing system to record and maintain a record of violations of statutes, rules, regulations, permit conditions, licenses, orders and program requirements administered by the Department of Natural Resources and Environmental Control. (14) The Secretary is empowered to apply for and accept grants which the Secretary deems necessary or desirable to the performance of the functions of the Department, subject to Chapter 76 of Title 29. The Secretary is empowered to administer and distribute those funds in the form of grants to qualified entities when funds are available for such purposes. Qualified entities may include, but are not limited to, state, county and local agencies, educational institutions, not-for-profit organizations, corporations, and other businesses, and individual citizens. (15) Not, any other law or regulation to the contrary notwithstanding, have authority to enter into any agreement with any person or entity subject to the Secretary’s review or control which requires said person or entity to pay moneys to any third party other than the Department as part of an enforcement action, or to induce the Department to refrain from taking an enforcement action provided said limitation shall not apply for any provision negotiated as part of a settlement agreement or conciliatory order that would allow such person to undertake a supplemental environmental project that would result in an environmental benefit beyond that which is required under existing or anticipated regulations or standards. (16) a. The Secretary shall be responsible for the administration and operation of the State Energy Office, and shall supervise all the required and discretionary programs currently underway within the State Energy Office. These include programs to promote energy efficient lighting and thermal systems, transportation programs aimed at reducing traffic and fuel usage and the procurement of energy efficient products and services. In addition, the State Energy Office shall work in cooperation with the State Public Service Commission and other State agencies and departments in the promotion of renewable fuels and energy supplies, improving the adequacy and reliability of energy supplies in Delaware and in assessing the environmental consequences of energy usage in Delaware. Further, the Secretary shall develop suitable and appropriate performance measures for the Energy Office and shall submit them as a component of the Department’s annual budget submission. b. The Secretary shall also be responsible for development of a state facilities energy management plan. The state facilities energy management plan shall be developed in conjunction with the Division of Facilities Management to ensure that energy conservation methods are employed in all new and existing facilities owned by state agencies or local school districts. The plan shall be approved by the Secretary of the Department of Natural Resources and Environmental Control and Director of the Office of Management and Budget. The state facilities energy management plan shall provide for, but not be limited to: 1. Development and maintenance of energy conservation standards for the purpose of reviewing the design, construction, renovation and maintenance of facilities owned by state agencies or local school districts; 2. A program of energy audits of facilities owned by state agencies or local school districts in cooperation with designated representatives of said facilities; 3. Development, maintenance and distribution to facilities owned by state agencies or local school districts of guidelines, recommendations and technical assistance for energy conservation measures to be employed, installed and monitored in said facilities; 4. A detailed description of the estimated energy and monetary savings, and environmental benefits.

Del. Code tit. 29, § 8003A Powers, duties and functions of law-enforcement officers of the Department of Natural Resources and Environmental Control.

(a) The law-enforcement officers of the Department of Natural Resources and Environmental Control shall see to the enforcement of all laws, regulations, rules, permits, licenses, orders, and program requirements of the Department of Natural Resources and Environmental Control. (b) Law-enforcement officers of the Department of Natural Resources and Environmental Control shall have police powers similar to those of constables, peace officers, and other police officers when enforcing the laws, regulations, rules, permits, licenses, orders, and program requirements of the Department of Natural Resources and Environmental Control. Such police powers shall include powers of investigation, search, seizure, detention, and arrest conferred by law on constables, peace officers, and other police officers. (c) Law-enforcement officers of the Department of Natural Resources and Environmental Control have the authority to serve and return summonses, subpoenas, and warrants. (d) Nothing contained in this section may be construed to limit the statutory enforcement authorities, responsibilities, or powers of enforcement personnel of the Department of Natural Resources and Environmental Control. (e) If a law-enforcement officer of the Department of Natural Resources and Environmental Control finds that a violation of a requirement under the Department of Natural Resources and Environmental Control occurs in a manufactured home community, the Department of Natural Resources and Environmental Control must send a copy of the notice of the violation, summons, or order to all of the following: (1) The elected Council or Levy Court members of the county in which the violation occurred. (2) The elected Council members of the municipality in which the violation occurred. (3) The State Representatives and Senators in whose district the violation occurred. (4) The Department of Justice. (5) The Delaware Manufactured Home Relocation Authority.

Del. Code tit. 29, § 8004 Relocation assistance.

The Secretary of the Department of Natural Resources and Environmental Control is hereby empowered to expend state funds appropriated to the Department for land acquisition; to make relocation payments and to provide assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; provided, that the Secretary must expend funds for this purpose that are federally reimbursable under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646.

Del. Code tit. 29, § 8005 Division of Fish and Wildlife.

The Division of Fish and Wildlife is established having powers, duties and functions as follows: (1) The Division of Fish and Wildlife shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in: a. The Board of Game and Fish Commissioners of this State pursuant to Chapters 1, 3 [repealed], 5, 7, 9, 11, 13, 17 and 58 [repealed] of Title 7. b. The Delaware Commission of Shell Fisheries pursuant to Chapters 19, 21, 23 and 27 of Title 7 and Chapter 21 of Title 23. (2) The administrative, ministerial, fiscal and clerical functions of the Atlantic States Marine Fisheries Commission set forth in Chapter 15 of Title 7 shall be performed by the Division of Fish and Wildlife. Except as otherwise provided in this subdivision, the membership, remuneration, organization, meetings, powers, duties and functions of the Atlantic States Marine Fisheries Commission shall remain as prescribed by Chapter 15 of Title 7.

Del. Code tit. 29, § 8006 Council on Game and Fish.

(a) There is established the Council on Game and Fish. (b) The Council on Game and Fish shall serve in an advisory capacity to the Director of Fish and Wildlife and shall consider matters relating to the protection, conservation and propagation of all forms of fish and protected wildlife of this State and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Fish and Wildlife. The Council may also study, research, plan and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner. (c) The Council on Game and Fish shall be composed of 9 members who shall be appointed for 3-year terms by the Governor. (d) At least 4, but no more than 5, of the members of the Council shall be affiliated with 1 of the major political parties. At least 3, but no more than 4, of the members of the Council shall be affiliated with the other major political party; provided, however, that there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce such person’s political affiliation shall also be eligible for appointment as a member of the Council. (e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council. (f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for reelection. (g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the remainder of the term.

Del. Code tit. 29, § 8006A Council on Recreational Fishing Funding.

(a) There is established the Council on Recreational Fishing Funding. (b) The Council on Recreational Fishing Funding shall serve in an advisory capacity to the Director of Fish and Wildlife and shall consider matters relative to funding of fishery-related projects as related to this State and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Fish and Wildlife. (c) The Council on Recreational Fishing Funding shall be composed of 10 members as follows: (1) Six members appointed by the Governor; (2) One member appointed by the President Pro Tempore of the Senate; (3) One member appointed by the Speaker of the House; (4) The President of the Delaware Mobile Surf Fisherman Association or a designee appointed by the President; (5) The Director of the Division of Fish and Wildlife or a designee appointed by the Director to serve as an ex-officio nonvoting member. (d) Appointments made by the Governor shall be appointed for a 3-year term and all other members shall serve at the pleasure of the appointing authority. (e) The Council shall elect a Chair and Vice Chair. (f) The Division ex-officio nonvoting member shall prepare minutes of each Council meeting. These minutes must be approved by a quorum of Council members in order to be official. (g) All members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council from the fishing license account. (h) The Council shall meet no less than once per year. The Council shall provide nonbinding advice to the Department on fishery related construction priorities for the expenditure of funds generated from the sale of recreational fishing licenses in the coming year.

Del. Code tit. 29, § 8007 Council on Shell Fisheries.

(a) There is established the Council on Shell Fisheries. (b) The Council on Shell Fisheries shall serve in an advisory capacity to the Director of Fish and Wildlife and shall consider matters relating to the control and direction of the shellfish industry and the protection, conservation and propagation of shellfish of this State and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Fish and Wildlife. The Council may also study, research, plan and advise the Director, the Secretary and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner. (c) The Council on Shell Fisheries shall be composed of 7 members who shall be appointed by the Governor. The Council shall be composed of the following members: One person engaged in commercial lobstering or conching; One person engaged in commercial crabbing; One person engaged in commercial oystering; One person engaged in commercial clamming; One person knowledgeable in marine fisheries; One person representing recreational shell fishing; One person, the Chairperson, to serve at the pleasure of the Governor. The terms of the members shall be staggered. The first 2 appointees shall serve for a term of 1 year, the next 2 appointees shall serve for a term of 2 years and the next 2 shall serve for a term of 3 years. Thereafter, all new appointees shall serve for a term of 3 years. (d) At least 3, but no more than 4, of the members of the Council shall be affiliated with 1 of the major political parties and at least 2, but no more than 3, of the members of the Council shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce such person’s political affiliation shall also be eligible for appointment as a member of the Council. Additionally, at least 1 member of the Council shall be a resident of New Castle County, at least 1 member of the Council shall be a resident of Kent County and at least 1 member of the Council shall be a resident of Sussex County. (e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council. (f) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the remainder of the term.

Del. Code tit. 29, § 8008 Division of Parks and Recreation.

The Division of Parks and Recreation is hereby established having powers, duties and functions as follows: (1) The Division of Parks and Recreation shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the State Park Commission of Delaware pursuant to Chapters 45, 47 and 58 [repealed] of Title 7. (2) To help supplement general funds the Division of Parks and Recreation shall be authorized to solicit donations, sponsorships and sell advertisements to support park operations, to maintain park facilities and to support park programs including but not limited to concerts and events. All of the funds collected pursuant to this paragraph shall be deposited in the General Fund of this State and designated solely for park operations and maintenance. Persons or entities that donate, sponsor or advertise shall receive no special benefits other than, at the Division’s discretion, recognition in the park program guides, website and/or at the parks.

Del. Code tit. 29, § 8009 Parks and Recreation Council.

(a) There is established the Parks and Recreation Council. (b) The Parks and Recreation Council shall serve in an advisory capacity to the Director of Parks and Recreation and shall consider matters related to the planning, acquisition, development, management, conservation, and programming of lands and services under the jurisdiction of the Division, and such other matters as may be referred to it by the Governor, the Secretary of the Department of Natural Resources and Environmental Control or the Director. The Council shall review and recommend to the Department the approval of funding from the Outdoor Recreation Parks and Trails (ORPT) program for park development projects and serve as the review authority for other state and federal funding programs if called upon to do so. The Council may also study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best manner possible. The Council may also recommend to the Department for adoption, after public hearing, any rules and regulations as may be necessary to carry out any provisions of the section. (c) The Parks and Recreation Council shall be composed of 16 members who shall be appointed as follows: (1) Eleven members shall be appointed by the Governor and shall be eligible for reappointment. The term of any member serving shall be for 3 years. (2) At least 6 of the 11 members appointed by the Governor shall have experience or expertise, or both, in the management of recreation programs and parks. The remaining members may be composed of other related disciplines and interests including cultural affairs, trails and greenways, fish and wildlife, tourism, finance, conservation, marketing, special populations, education, and Delaware State Parks friends organizations. (3) The Natural Areas Advisory Council shall annually appoint a member to represent the Council. (4) The remaining 4 members will be members of the General Assembly. One member from the majority party and 1 member from the minority party of the Delaware House of Representatives will be appointed by the Speaker of the House, and 1 member from the majority party and 1 member from the minority party of the Delaware State Senate will be appointed by the President Pro Tempore. The term of the General Assembly members serving shall be for 3 years. (d) No more than 6 of the members appointed by the Governor shall be affiliated with the same political party. Any person who declines to announce such person’s political affiliation shall also be eligible for appointment as a member of the Council. (e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incurred incident to their duties as members of the Council. (f) Failure to attend 3 consecutive regular meetings of the Council in the absence of mitigating circumstances shall be construed as a request by that member to resign from the Council and a replacement may thereafter be appointed in the member’s stead. (g) A Chairperson and Vice Chair shall be chosen by the members of the Council from among its membership and shall serve in that capacity for a term of 1 year. The Chairperson and Vice Chair shall be eligible for reelection. (h) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall serve out the remainder of the term.

Del. Code tit. 29, § 8011 Water Infrastructure Advisory Council.

(a) The Water Infrastructure Advisory Council serves in an advisory capacity to the Secretaries, as defined in this section. (b) Definitions. — As used in this section: (1) “Council” means the Water Infrastructure Advisory Council. (2) “Secretaries” means, collectively, the Secretaries of the Departments of Natural Resources and Environmental Control (DNREC), Agriculture (DDA), Health and Social Services (DHSS), Transportation (DelDOT), and Finance (DOF). (3) “Surface water management” means a strategy for the integration of drainage, flood control, and stormwater management through habitat protection, restoration, and other green infrastructure. (4) “Wastewater facility” or “wastewater infrastructure” means a property, easement, equipment, pipe, pump, plant, or appurtenance used in any way to collect, transport, store, handle, treat, or dispose of wastewater. (5) “Water supply facility,” “water supply infrastructure,” “drinking water infrastructure,” or “drinking water supply facility” means a property, equipment, pipe, or other conveyance, pump, tower, tank or other storage device, well, filter, or other appurtenance used to collect, treat, store, and distribute the best quality water available to address strategies to correct, present, or prevent future violations of health-based drinking water standards. (c) (1) The Council is composed of 16 members appointed by the Governor with the advice and consent of the Senate. (2) The Governor shall appoint the Council’s chair. The chair serves at the Governor’s pleasure. The Governor may remove the chair from the Council entirely if the Governor removes the chair from the chair position. (3) A council member other than the chair serves for a term of 3 years. (4) The Governor may appoint a council member for a term of less than 3 years to ensure that terms expire on a staggered bases of no more than 4 expiring terms in a calendar year. (5) Council members must be comprised of at least 1 member who is a resident of New Castle County, 1 member who is a resident of Kent County, 1 member who is a resident of Sussex County, and 1 member who is a resident of the City of Wilmington. (6) Council members must represent interest and possess expertise in the areas of wastewater infrastructure, stormwater infrastructure, agricultural water use infrastructure, and drinking water infrastructure. (7) Council members may include representatives from local government, public health, agriculture, and financial management. Up to 3 members may represent nonprofit environmental organizations, 1 of whom may represent an environmental justice organization. (8) Council membership must be balanced so that no more than 9 voting members are from 1 political party. An individual who declines to announce a political party affiliation is eligible for appointment as a voting member. (9) The Governor shall appoint 3 of the Council’s 16 members as nonvoting members who serve at the Governor’s pleasure: 1 member representing the water utilities, 1 member who is the district coordinator of 1 of the conservation districts, and 1 member representing the Farm Bureau. These members may provide annual recommendations to the Council relating to stormwater, drainage, flood protection, resource and conservation development projects, agricultural and conservation cost share, cover crops, conservation reserve enhancement, or tax ditches. (d) A council member does not receive compensation but may be reimbursed for the member’s actual and necessary expenses incurred in the performance of the member’s official duties. (e) The Council’s duties and responsibilities include all of the following: (1) To evaluate, establish, recommend, and adopt all of the following: a. A long-term plan for the public funding of drinking water supply facility and wastewater facility infrastructure projects. The plan must cover a period of not less than 6 years, be updated and prioritized on an annual basis, and incorporated into DNREC’s and DHSS’s annual capital budget requests to the Governor. The Council shall submit a copy of the adopted plan to the General Assembly and the Director and the Librarian of the Division of Legislative Services on or before November 15 of each year. b. Annual advisory recommendations related to wastewater infrastructure, stormwater infrastructure, and drinking water infrastructure addressing the elements required for inclusion in the strategic plan for clean water under § 8082(d) of this title. The Council shall submit the recommendations to the Clean Water Trust Fund Oversight Committee on or before September 15 of each year. (2) a. To establish standards and procedures for persons to submit requests for funding the construction, repair, renovation, or expansion of water supply facilities and wastewater facilities. Using the standards and procedures that the Council establishes, the Council shall recommend specific grants or loans, or both, using funds authorized for the grants or loans by act of the General Assembly or funds that the Delaware State Clearinghouse Committee approves. b. To develop and recommend projects for the planning, construction, repair, renovation, or expansion of water supply facilities and wastewater facilities to be funded in whole or in part by the Delaware Water Pollution Control Revolving Fund, the Drinking Water State Revolving Loan Fund, or another source of funding that the General Assembly authorizes. (3) a. To develop and periodically update a nonbinding comprehensive, statewide water supply facilities and wastewater facilities assessment to be presented in 3 sections, 1 for each county. The Council may retain the services of necessary professionals and may enter into agreements in order to prepare the assessment. b. A county may, at its option, designate a county agency responsible for preparing the assessment for that county, but the assessment must be prepared in a uniform manner that the Council establishes. In the absence of the designation of a county agency to prepare an assessment, DNREC and DHSS are the lead agencies in coordinating preparation of the assessment. c. The assessment must include at least all of the following: 1. A description of the status of existing water supply facilities and wastewater facilities. 2. The current usage of existing water supply facilities and wastewater facilities. 3. The adequacy of existing water supply facilities and wastewater facilities. 4. Projected long range requirements for existing water supply facilities and wastewater facilities. 5. The compatibility of existing land use plans with existing and long range requirements of water supply facilities and wastewater facilities. 6. Recommendations for improvements to existing water supply facilities and wastewater facilities. (4) To recommend affordability standards for water supply facility and wastewater facility infrastructure projects. Each recommendation must reflect the goals of establishing fair rates that equitably distribute the costs of water supply facilities and wastewater facilities using public funds, based on usage, and relying on private firms to provide services if it is economical and in the public interest to do so. (5) To review and recommend To DNREC and DHSS the payment of the Council’s administrative and operating expenses. (6) To make funding recommendations to the Secretary of DNREC and Secretary of DHSS regarding drinking water infrastructure and wastewater infrastructure projects that are considered ready to proceed. (f) (1) A majority of the voting members must be present at a council meeting in order to have a quorum and conduct official business. A vacant voting member position is not counted for quorum purposes. (2) Each motion, the plan under paragraph (e)(1)a. of this section, the assessment under paragraph (e)(3) of this section, or a recommendation for a loan or grant under paragraph (e)(2) of this section may be adopted only by a majority of the voting members. A vacant voting member position is not counted under this paragraph. (3) The Council shall conduct a public meeting in each county prior to voting on the annual adoption of the water supply infrastructure and wastewater infrastructure plan under paragraph (e)(1)a. of this section. (4) The Council is subject to the applicable provisions of the Administrative Procedures Act (Chapter 101 of this title). (g) The Council shall work in concert with DNREC, DHSS, DelDOT, DDA, the Conservation Districts, the Delaware Geological Survey, the Public Service Commission, DOF, the Cabinet Committee on State Planning Issues, and any other appropriate department, agency, or committee focusing on statewide planning issues. Each agency shall provide reasonable staff time and resources as the Council may require to fulfill the Council’s duties and responsibilities. The Council shall also work in concert with the Water Resources Agency of New Castle County and each appropriate agency that a county may designate. DNREC and DHSS are the lead agencies in coordinating support for the Council. (h) (1) The Council shall provide guidance and policy advice to the Governor and Secretaries and assist in the statewide effort to develop infrastructure programs related to water supply, drainage, stormwater management, and flood control. The guidance must include state-level direction to DNREC, DHSS, and local agencies and operating units in the development of standardized processes and procedures for identifying and prioritizing problems and development of watershed-based solutions. (2) The Council shall provide guidance to the State in improving the quality of customer service and reviewing annual localized work plans. (i) The Council shall assist in defining areas of responsibility among state and local agencies, and coordinating implementation and operations. (j) The Council shall assist the State in establishing a central response unit that DNREC coordinates to handle public calls relating to drainage, stormwater, and flood control. (k) The Council shall assist in the statewide effort for the development of sustainable program funding options. ( l ) (1) The Council shall assist in the development and evaluation of criteria for watershed-based plans for surface water management. (2) The Council shall assist in developing the priority needs for watershed plans. (3) The Council shall assist in developing a strategy for long term planning for future growth relating to surface water management. This strategy may include options for private-public partnerships for infrastructure improvement and regional solutions. (m) The Council may adopt procedural rules to carry out its functions under this section.

Del. Code tit. 29, § 8012 Division of Watershed Stewardship.

The Division of Watershed Stewardship is established having powers, duties and functions as follows: (1) The Division of Watershed Stewardship shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions heretofore vested in the Delaware Soil and Water Conservation Commission, pursuant to Chapters 39 and 41 of Title 7. (2) The administrative, ministerial, fiscal and clerical functions of the Boards of Ditch Commissioners, set forth in Chapter 41 of Title 7, shall be performed by the Division of Watershed Stewardship. Except as otherwise provided in this subdivision, the membership, remuneration, organization, meetings, powers, duties and functions of the Boards of Ditch Commissioners shall remain as prescribed by Chapter 41 of Title 7.

Del. Code tit. 29, § 8013 Council on Soil and Water Conservation [Repealed].

Repealed by 77 Del. Laws, c. 341, § 1, effective July 2, 2010.

Del. Code tit. 29, § 8014 Division of Air Quality, Division of Waste and Hazardous Substances and Division of Water.

The Division of Air Quality, Division of Waste and Hazardous Substances and Division of Water is established having powers, duties and functions as follows: (1) The Division of Air Quality, Division of Waste and Hazardous Substances and the Division of Water shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions heretofore vested in the Delaware Water and Air Resources Commission. (2) The administrative, ministerial, fiscal and clerical functions of this State as a member of the Delaware River Basin Commission, set forth in Chapter 65 of Title 7, shall be performed by Division of Air Quality, the Division of Waste and Hazardous Substances and the Division of Water. Except as otherwise provided in this subdivision, the membership, remuneration, organization, meetings, powers, duties and functions of the Delaware River Basin Commission shall remain as prescribed by Chapter 65 of Title 7. (3) The Division of Air Quality, the Division of Waste and Hazardous Substances and the Division of Water shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions heretofore vested in the Mosquito Control Commission and the State Highway Department pursuant to Chapter 19 of Title 16. (4) The Division of Air Quality, the Division of Waste and Hazardous Substances and the Division of Water shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Department of Health and Social Services pursuant to § 122(3)d. of Title 16 only. (5) The Division of Air Quality and the Division of Waste and Hazardous Substances shall have primary authority under this section for matters concerning solid and hazardous waste, underground and aboveground storage tanks, boiler safety, hazardous materials emergency response, accident release prevention, emergency planning and community right to know, hazardous substance site investigation and restoration, and air resources of the State. The Division of Water shall have primary authority under this section for matters concerning surface and groundwater, underwater and wetland resources of the State.

Del. Code tit. 29, § 8015 Council on Environmental Control [Repealed].

Repealed by 77 Del. Laws, c. 341, § 2, effective July 2, 2010.

Del. Code tit. 29, § 8016 Governor’s Council on Natural Resources and Environmental Control.

(a) There is established the Governor’s Council on Natural Resources and Environmental Control. (b) The Governor’s Council on Natural Resources and Environmental Control shall be composed of the chairpersons of the councils to the respective divisions of the Department, as provided in this chapter, 1 of whom shall be designated by the Governor as Chairperson of the Governor’s Council on Natural Resources and Environmental Control, and the Chairperson shall serve, as such, at the pleasure of the Governor. (c) The terms of the members of the Governor’s Council on Natural Resources and Environmental Control shall coincide with the terms for which the members serve as chairpersons of their respective councils. (d) The Governor’s Council on Natural Resources and Environmental Control shall advise, recommend and refer to the Secretary of the Department matters which, in its opinion, are of Departmental concern and shall consider such other matters as may be referred to it by the Governor or the Secretary of the Department. The Council may also study, research, plan and advise the Secretary and the Governor on matters it deems appropriate to enable the Department to function in the best possible manner. (e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

Del. Code tit. 29, § 8016A Community Involvement Advisory Council and Community Ombudsman.

(a) There is established the Community Involvement Advisory Council. (b) The Community Involvement Advisory Council shall serve in an advisory capacity to the Secretary of the Department of Natural Resources and Environmental Control and shall consider such matters as the relationships and interactions between the Department and local communities throughout the State, communication and information flow between the Department and these communities, public participation in the decision-making processes of the Department, ensuring, to the extent practicable, that no community in the State is disparately affected by environmental impacts, matters related to addressing adverse environmental impacts on communities and other such matters as may be referred to it by the Governor or the Secretary. The Council may also study, research, plan and advise the Secretary on matters it deems appropriate to enable the Department to relate to and interact with communities in the best manner possible. (c) The Community Involvement Advisory Council shall be composed of 11 members who shall be appointed by the Governor as follows: (1) Four members shall be appointed for 3-year terms. (2) Four members shall be appointed for initial 2-year terms. (3) Three members shall be appointed for initial 1-year terms. (4) Thereafter, all new appointees shall serve for a term of 3 years. (d) Council membership shall include representatives from communities, community-based nonprofit organizations, environmental organizations, health-care providers, local government, academic institutions and business/industry. Community representation shall include representatives of communities that potentially may be adversely impacted by environmental factors or conditions. (e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incidental to their duties as members of the Council. (f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for reelection. (g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the remainder of the term. (h) The Department shall establish a position of Community Ombudsperson to serve as a liaison between the Department and communities statewide. The Department may establish Community Assistance Providers as may be appropriated by the General Assembly. The Community Ombudsperson and Community Assistance Providers shall engage communities in identifying and understanding environmental issues and addressing or resolving environmental problems, advocate for communities, assist communities in obtaining information on environmental issues, and serve as a point of contact for the Department with communities and community organizations. The Secretary shall provide to the General Assembly annually a summary of the activities and an assessment of the effectiveness of the Community Ombudsperson program.

Del. Code tit. 29, § 8017 Books; records; access; annual report.

(a) The Governor’s Council on Natural Resources and Environmental Control shall have access to all books, records, reports and other documents relating to the Department of Natural Resources and Environmental Control unless otherwise prohibited by law. (b) The various councils of the divisions of the Department of Natural Resources and Environmental Control shall have access to all books, records, reports and other documents relating to their respective divisions unless otherwise prohibited by law. (c) The Chairperson of the Governor’s Council on Natural Resources and Environmental Control and the chairmen of the councils of the divisions of this Department shall make an annual report of the activities of each of the councils to the Secretary of the Department, the Governor and the General Assembly and render such other reports as the Secretary, the Governor or the General Assembly may from time to time request or as may be required by law.

Del. Code tit. 29, § 8018 Exemptions.

The following positions set forth in this section shall be exempt from Chapter 59 of this title: (1) Secretary of Natural Resources and Environmental Control; (2) Director of Fish and Wildlife; (3) Director of Parks and Recreation; (4) Director of Watershed Stewardship; (5) Director of Air Quality; (6) Director of Waste and Hazardous Substances; (7) Director of Water; (8) [Repealed.] (9) Director of Energy and Climate.

Del. Code tit. 29, § 8019 Assumption of functions of prior agencies.

The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions vested by law in the Board of Game and Fish Commissioners, Delaware Commission of Shell Fisheries, State Park Commission, Delaware Soil and Water Conservation Commission and Delaware Water and Air Resources Commission immediately prior to the effective date of this chapter and which are not otherwise specifically transferred to the Department by this chapter, excepting only those powers, duties and functions expressly vested in or retained by any such commission.

Del. Code tit. 29, § 8020 Appeals.

Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred to the Department or to any division or subdivision thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such function is transferred, and each such appeal shall be perfected in the manner heretofore provided by law.

Del. Code tit. 29, § 8021 Definitions and references in other laws.

(a) All definitions and references to any commission, board, department, council or agency which appear in any other act or law shall, to the extent that the same are consistent with this chapter and in connection with a function transferred to the Department, be construed as referring and relating to the Department of Natural Resources and Environmental Control as created and established by this chapter. (b) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.

Del. Code tit. 29, § 8022 Annual report.

The Secretary of the Department shall make an annual report of the Department’s operations to the Governor and the General Assembly, and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.

Del. Code tit. 29, § 8023 Misnomer of Department in donation.

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.

Del. Code tit. 29, § 8024 Budgeting and financing.

(a) The Secretary, in cooperation with the division directors, shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly. (b) Special funds may be used in accordance with approved programs, grants and appropriations.

Del. Code tit. 29, § 8025 Supremacy.

All other laws or parts of laws now in effect inconsistent with this chapter are repealed, superseded, modified or amended so far as necessary to conform to, and give full force and effect to, this chapter.

Del. Code tit. 29, § 8026 Disposition of lost, abandoned or stolen property in custody of Department.

(a) Whenever any personal property of any kind, except money, comes into the custody of the Department of Natural Resources and Environmental Control, and the person entitled to possession of said property cannot be located or fails to claim the property for a period of at least 30 days, the Secretary of the Department of Natural Resources and Environmental Control may dispose of the property by turning possession and custody of the property over to the Superintendent of the State Police for disposition pursuant to procedures set forth in § 8307 of Title 11. (b) Upon receipt of any personal property of any kind, except money, from the Department of Natural Resources and Environmental Control, the Superintendent of the State Police may dispose of said personal property at public sale upon proof that said property was held by the Department of Natural Resources and Environmental Control and/or the State Police for a period of not less than 1 year, and upon proof that the person entitled to possession of said property has failed to claim the property during the 1 year period the Department of Natural Resources and Environmental Control and/or the State Police held the property. (c) After payment of expenses to the Department of Natural Resources and Environmental Control and the State Police for the amount of any storage or tow charges that are incurred by said Department and State Police during the period in which the property was in custody, and after the payment of all liens to which said property was subject in the order of their priority, the proceeds from the sale of said property shall be disposed of in accordance with the procedures of § 8307 of Title 11. (d) Employees of the Department of Natural Resources and Environmental Control shall deliver custody of lost, abandoned or stolen money which comes into their possession in connection with the performance of their duties to the Secretary or such person the Secretary may designate and whenever any lost, abandoned or stolen money comes into the custody of the Department of Natural Resources and Environmental Control, the Secretary of said Department shall make a reasonable effort to locate the owner thereof. If the owner of any stolen money cannot be located or fails to claim such stolen money within 1 year from the date that it came into the custody of said Department, such money shall become the property of the State, and shall be transferred to the General Fund of the State. If the owner of any lost or abandoned money cannot be located or fails to claim such lost or abandoned money within 1 year from the date that it came into the custody of said Department, such money shall become the property of the person who delivered custody of such money to the Department and shall be returned by the Secretary of the Department to such person as soon as is practicable after the 1-year period. However, if the person who delivered custody of such lost or abandoned money is an employee of said Department such money shall become the property of the State and shall be transferred to the General Fund of the State after the 1-year period. (e) This section shall apply to any personal property of any kind, which comes into the custody of the Department of Natural Resources and Environmental Control as a result of either finding lost, abandoned or stolen property, or an investigation or enforcement action made pursuant to Title 7.

Del. Code tit. 29, § 8027 Notification.

Except for land acquired by approval of the Open Space Council or approved through a bond and capital improvements act, land shall not be purchased by the Department of Natural Resources and Environmental Control without prior approval of the Cochairs of the Joint Legislative Committee on the Capital Improvement Program; provided, however, that the Department is not prohibited from conducting studies, surveys or other contractual arrangements that would normally precede land acquisition procedures. The Department is also required to provide cost estimates to the cochairs of the Joint Finance Committee and the Bond Bill Committee; these estimates will include costs to develop infrastructure, and the number of positions needed to maintain the land and the associated personnel costs.

Del. Code tit. 29, § 8030 Energy Efficiency Investment Fund.

(a) The Division of Climate, Coastal and Energy shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Delaware Energy Office, also referred to as the “Energy Office,” “State Energy Office,” “DEO” and “State Energy Coordinator,” pursuant to: Chapter 76 of Title 16; Chapters 1, 10 and 15 of Title 26; this chapter; and Chapter 64 of this title. (b) The Department of Natural Resources and Environmental Control shall manage the Energy Efficiency Investment Fund. The Fund shall be used to incentivize investments in energy efficiency by consumers or users of gas or electricity whose purchase of those commodities from a distributor is subject to the public utility tax on gas or electricity imposed by Chapter 55 of Title 30. The Department shall support implementation of projects that reduce the use of gas, electricity, or other sources through the issuance of competitive grants, low-interest loans, or other financing support from the Fund. The Department shall establish the contents and deadline for applications for financing from the Fund and shall give preference to those applications proposing projects that are anticipated to produce the greatest reduction in energy consumption per Fund dollar invested, improve environmental performance, spur capital construction and facility modernization, encourage job retention and creation, and are likely to be substantially complete no later than 1 year following the issuance of financing from the Fund. In no event shall the Fund provide grant funding for more than 60% of the costs of any proposed project or support projects already receiving support from the Green Energy Fund under this chapter or the Strategic Fund under subchapter II of Chapter 87A of this title. The Fund shall be administered in consultation with the Sustainable Energy Utility and the Department. The Department shall make an annual report on the use of the Energy Efficiency Investment Fund and the value of energy savings resulting therefrom to the Governor’s Energy Advisory Council and the General Assembly not later than August 30 of each year after 2011. The Department shall retain no more than 4 percent of the Fund for expenses to administer this section. All terms used herein that are defined in Chapter 55 of Title 30 shall have the same definition used in that chapter.

Del. Code tit. 29, § 8031 Prohibition of collecting natural resource data without the informed written consent of the property owner.

(a) The following words, terms, and phrases, when used in this section, shall have the meaning ascribed in this subsection: (1) “Department” means the Department of Natural Resources and Environmental Control. (2) “Natural resource data” means all the information collected from private property within the State, that was collected by physically being present on private property, that relates to or concerns: a. The presence of rare or endangered species. b. The presence and conditions of historic or cultural resources. (b) From July 11, 2018, forward, the Department shall not enter physically onto private property to collect Natural Resource Data without the informed written consent of the property owner. The informed written consent must contain the method of collection, date of collection, and how the information will be shared.

Del. Code tit. 29, § 8032 Procedures for public notice of permit applications.

(a) Notwithstanding any law to the contrary, the following minimum requirements must be observed for the issuance of any permit by the Department where public notice is required: (1) The notice must include instructions for electronic submission of public comments or requests for hearing. (2) The permit application to which the notice applies must be available electronically. The notice must contain a link or web address where instructions for accessing the full application are available. The Department may provide instructions for nonelectronic review of application attachments that are too voluminous to post electronically. (3) A copy of the notice shall be posted on the Department’s website in addition to whatever other means of delivery is required for the notice. (4) The Department shall send a copy of the notice by e-mail to members of the General Assembly in whose district the permit would issue. (b) This section applies to applications for permit renewals. (c) This section does not apply to applications for permit extensions.

Del. Code tit. 29, § 8051 Short title; declaration of policy.

(a) This subchapter shall be known and may be cited as “The Delaware Energy Act.” (b) The General Assembly finds and declares that: (1) An adequate, reliable, and continuous supply of energy is essential to the health, safety, and welfare of the citizens of this State and to the sustained growth of the State’s economy; (2) Planning for Delaware’s energy future is vitally important to Delaware’s economy and all Delawareans; (3) Developments in the energy sector of the economy are proceeding at a fast pace, and devoting state resources to the energy sector will benefit Delaware’s economy and all Delawareans; (4) Transforming the delivery of energy to end users and throughout the energy grid is expected to require new programs, oversight, planning, and workforce training; (5) Shortages of nonrenewable energy resources could threaten the reliable supply of energy in the State; (6) Inefficient energy consumption leads to increased air pollution from traditional means of producing energy, which may be significantly mitigated by the development of efficiency programs and alternative energy resources; (7) Growth and inefficient energy usage must be addressed programmatically to continue the social, economic and environmental vitality of the State; (8) The State must provide for the development of a comprehensive state energy policy which will ensure an adequate, reliable and continuous supply of energy and which is protective of public health and the environment and which promotes our general welfare and economic well-being; (9) It is in the public interest of the State to evaluate the impact on the transmission system of the offshore wind procurement goals of other states within the PJM region and the potential for procurement of electricity from offshore wind projects by Delaware; (10) It is in the public interest of the State to evaluate procurement of electricity from offshore wind projects given the potential economic development opportunities of the emerging offshore wind industry, the potential to reduce greenhouse gas emissions and other air pollutants, and the potential for a long-term, large-scale, stable source of electricity for the State; and (11) The establishment of the State Energy Office is in the public interest and will promote the general welfare by assuring coordinated and efficient management of state energy policy. (c) It is the purpose and intent of the General Assembly: (1) To establish the State Energy Office within the Department of Natural Resources and Environmental Control; (2) To provide for development and maintenance of a comprehensive State Energy Plan; (3) To provide for the development and maintenance of a state emergency energy shortage contingency plan; (4) To provide for the development of a state facilities energy management plan; (5) To reduce, to the maximum extent possible, the environmental consequences of energy generation and use in the State; (6) To achieve effective management of energy functions within the state government; (7) To encourage and ensure full and effective public participation in the formulation and implementation of a State Energy Plan. (8) To provide for the development and implementation of the State’s energy policy and programs in accordance with the State Energy Plan, the Climate Action Plan, and other documents as developed by the Governor’s Energy Advisory Council and adopted by the State Energy Office (“Plans”), giving specific consideration to issues of environmental justice for low- and moderate-income Delawareans as set forth in those Plans; (9) To support the continuous transition to clean energy, clean transportation, reduced emissions, and energy efficiency use in the State as set forth in the Plans; and (10) To provide for greater collaboration between federal and state agencies on energy policy matters within the scope of this subchapter.

Del. Code tit. 29, § 8052 Definitions.

For the purposes of this subchapter: (1) “Cost effective energy efficiency projects” means energy efficiency improvements including, but not limited to, wall, floor and ceiling/attic insulation, lighting and electrical upgrades, window replacements and HVAC tune-ups and replacements with a return on investment (ROI) of less than 3 years based upon materials and labor. (2) “Customer” means any person that has constructed, purchased or leased Renewable Energy Technology and placed it in service in this State for the purpose of generating or receiving energy in this State, including the owner/operator of any building or facility, but not the occupants thereof, that supplies energy to the occupants of such building or facility. (3) “Delaware benchmark price” shall have the meaning set forth in § 352 of Title 26. (4) “Large energy use facility” means as defined under § 102 of Title 26. (5) “Offshore wind contract” shall have the meaning set forth in § 352 of Title 26. (6) “OSW solicitation requirements” shall mean the requirements for an offshore wind solicitation set forth in § 8056(d)(4) of this title. (7) “Person” means and includes an individual, a trust, estate, partnership, limited liability company, association, company or corporation. (8) “Qualified offshore wind project” shall have the meaning set forth in § 352 of Title 26. (9) “Qualified purchasers” shall have the meaning set forth in § 352 of Title 26. (10) “Renewable energy credit” ( “REC” ) shall have the meaning set forth in § 352 of Title 26. (11) “Renewable energy technology” or “alternative energy technology” means and includes any of the following machinery, equipment, or real property: a. Hydroelectric generators, located at existing dams or in free-flowing waterways, and related devices for water supply and control, and converting, conditioning, and storing the electricity generated; b. Wind equipment, required to capture and convert wind energy into electricity or mechanical power, and related devices for converting, conditioning and storing the electricity produced; c. Solar energy equipment, and related devices necessary for collecting, storing, exchanging, conditioning or converting solar energy to other useful forms of energy; d. Geothermal heat pumps and geothermal heat pump systems; e. Fuel cells and fuel cell systems; and f. Biodiesel manufacturing facilities. (12) “Solar energy equipment” means any equipment that uses solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, daylighting, generating electricity, distillation, desalinization, detoxification or the production of industrial or commercial process heat, and includes related devices necessary for collecting, storing, exchanging, conditioning or converting solar energy to other useful forms of energy.

Del. Code tit. 29, § 8053 State Energy Office; State Energy Coordinator; establishment; powers and duties.

(a) There is hereby established the State Energy Office within the Department of Natural Resources and Environmental Control, Division of Climate, Coastal and Energy. (b) The Director of the Division of Climate, Coastal and Energy is the administrator and head of the State Energy Office and is the State Energy Coordinator, who shall: (1) Be qualified by training or experience to perform the duties of the Office; and (2) Perform such functions in the administration of the State Energy Office as the Secretary of the Department of Natural Resources and Environmental Control may from time to time require. (c) The State Energy Office shall: (1) Act as a central repository and clearinghouse for collection and dissemination of data and information on energy resources and energy matters in the State, including but not limited to: a. Data on energy supply, demand, costs, projections and forecasts; b. Inventory data on energy research and development projects, studies, or other programs conducted in the State under public or private supervision or sponsorship, and the results thereof; and c. The environmental impacts of energy generation and use and the means of reducing those impacts through alternative fuels, innovative energy technologies, conservation or other means. (2) Coordinate and partner with other state, local, regional, and federal agencies, including the Delaware Public Service Commission, the Division of the Public Advocate, the Office of State Planning and Coordination, the Office of Management and Budget, the Delaware Emergency Management Agency, the Department of Agriculture, the Department of Transportation, and the Delaware Sustainable Energy Utility, and energy-related boards and councils, energy utilities, and other stakeholders in carrying out its duties under this subchapter; (3) Recommend legislative or other initiatives to the Secretary, and hence to the Governor and General Assembly, that will enable or assist the State, its instrumentalities, its energy utilities, and private citizens, to secure federal funds made available to states, energy utilities, and individuals to support energy conservation, energy efficiency, emerging energy technologies, energy storage, demand response, microgrids, energy workforce development, grid resiliency and development, and renewable energy and decarbonization programs and initiatives, whatever form those funds take; (4) Provide for a program of energy audits of facilities owned by instrumentalities of the State in cooperation with designated representatives of said facilities; (5) Provide for the training and certification of energy auditors to conduct energy audits as may be necessary and proper to carry out the purposes and policies of this subchapter, or any other energy-related law applicable to this State; (6) Assist the Division of Facilities Management in developing the state facilities energy management plan as required in § 8806(c) of Title 29 [repealed]; and (7) Develop and update, at least every 5 years, a comprehensive State Energy Plan designed to protect the health, safety and welfare of the citizens and economy of the State consistent with the State’s greenhouse gas emissions reduction targets, as specified in § 10003 of Title 7, and the State’s Climate Action Plan issued pursuant to § 10004 of Title 7, support the State’s greenhouse gas emissions reduction targets, and support implementation of the State’s Climate Action Plan. The State Energy Plan shall include: a. Encouraging and promoting conservation of energy through reducing wasteful, uneconomical or inefficient uses of energy; b. Encouraging and promoting the use of renewable electric generation facilities and alternate energy technologies by residential and commercial consumers; c. Encouraging and promoting such other energy efficiencies and conservation goals, methods, standards, training, programs and policies that are consistent with the intent of this subchapter, especially those directed toward improving end-use efficiency among the State’s energy consumers; and d. Encouraging and promoting equity in energy planning and development in accordance with the Plans. (8) Provide technical and administrative support to the Governor’s Energy Advisory Council as provided for in § 8055(i) of this title; (9) Serve as a liaison between the State and federal agencies and energy agencies in other states and regions on the energy program and policy matters set forth in this subchapter; (10) Monitor and act in a coordinating capacity to promote the planning and buildout of the statewide energy grid to optimize resources, including coordination with any plan acknowledged by the Public Service Commission; (11) Conduct analysis of generating resource adequacy and conduct integrated resource planning, as necessary; (12) Develop and conduct the solicitation or solicitations for the procurement of electric energy from offshore wind, as set forth in § 8056 of this title, and participate in offshore wind transmission planning with the regional transmission organization, the Delaware Public Service Commission, the Division of the Public Advocate, energy utilities, other stakeholders, and other states. (13) Conduct analysis, study policy options, and collaborate with energy utilities and other stakeholders to make recommendations to facilitate the responsible siting of renewable energy facilities in Delaware; (14) Provide public information and convene stakeholder meetings when necessary to implement the purposes of this subchapter; and (15) Acting through the Department of Natural Resources and Environment Control, have the authority to intervene as a party in dockets before the Public Service Commission by filing a petition to intervene stating its interest in the docket. Such intervention shall be limited to matters arising directly from the matters enumerated in subchapter II of this chapter. Should the Commission grant the petition, the Department shall be deemed a party in interest and shall have full power to present evidence, subpoena and cross-examine witnesses, submit proof, file briefs, appeal and take any other action appropriate for a party in a Commission docket.

Del. Code tit. 29, § 8054 Cabinet Committee on Energy.

(a) A Cabinet Committee on Energy is established and shall serve in an advisory capacity to the Governor. It shall be comprised of the following members: (1) The Secretary of the Department of Natural Resources and Environmental Control. (2) The Secretary of the Department of Agriculture. (3) The Secretary of the Department of Transportation. (4) The Secretary of the Department of Health and Social Services. (5) The Secretary of the Department of Safety and Homeland Security. (6) The Secretary of the Department of State. (7) [Repealed.] (8) The Director of the Office of Management and Budget. (9) Such others as the Governor may designate. (b) The Governor shall designate 1 member to serve as Chairperson of the Committee. (c) The Committee shall consider matters relating to energy issues and use in state government, including, but not limited to: (1) Developing programs for state agencies to save energy through energy efficiency in facility construction and operation, energy and equipment procurement. (2) Setting comprehensive goals and prioritizing programs based on the cost effectiveness of energy saving measure. (3) Developing and implementing the use of transportation energy reduction methods for employees. (4) Identifying opportunities for the use of fuel cells and solar energy equipment to meet the energy needs of agencies and/or state buildings. (d) The State Energy Office shall provide staffing assistance to the Cabinet Committee on Energy.

Del. Code tit. 29, § 8055 Governor’s Energy Advisory Council.

(a) There is hereby established the Governor’s Energy Advisory Council. (b) The Governor’s Energy Advisory Council shall monitor Delaware’s energy system, identify and propose actions to enhance Delaware’s energy system, including actions to lessen the climate change impacts of Delaware’s energy system, and provide counsel to the Governor on promoting an economic, reliable and competitive energy market for all Delaware consumers. (c) The Governor’s Energy Advisory Council shall be assigned the following responsibilities: (1) [Repealed.] (2) Providing recommendations to the State Energy Office on updates to the Delaware Energy Plan and Climate Action Plan every 5 years from date of enactment. The updating process shall include a process for public input and measures for progress in attaining goals identified in the plans. (3) Monitoring federal, state and regional energy issues, identifying the impacts on Delaware and recommending actions and policies to the Governor and General Assembly in response to identified issues. (4) Other duties as referred by the Governor. (d) The Governor’s Energy Advisory Council shall be composed of 25 members as follows: (1) A Chair to be appointed by the Governor for a term of 3 years and who shall be eligible for re-appointment for terms of 3 years. (2) Chair of the Public Service Commission or their designee. (3) The Public Advocate or their designee. (4) Chair of the Weatherization Assistance Program Policy Advisory Council or their designee. (5) The Executive Director of the Delaware Sustainable Energy Utility or their designee. (6) Fifteen members who shall be appointed by the Governor representing, to the extent possible, the following constituencies: electricity transmission; electricity distribution; electricity generation; economically or environmentally overburdened and underserved communities; Public Service Commission-regulated, municipal, and cooperative public utilities; agriculture and/or agribusiness; utilities; solar energy; wind energy; energy efficiency; innovative energy technology; industrial electricity users; transportation fuels; and environmental, public health, and energy interests. These members shall be appointed by the Governor as follows: a. Five members shall be appointed for 3-year terms; b. Five members shall be appointed for initial 2-year terms; c. Five members shall be appointed for initial 1-year terms; d. Thereafter, appointees shall serve for 3-year terms. (7) The Secretaries of Transportation, Natural Resources and Environmental Control, and Agriculture or their designees shall serve as ex-officio members. (8) One member of the Senate appointed by the President Pro Tempore of the Senate. (9) One member of the House of Representatives appointed by the Speaker of the House of Representatives. (e) An appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of the member’s term shall be filled only for the remainder of that term. Members shall continue to serve after the expiration of their terms until they resign, are reappointed or are replaced. (f) Members of the Advisory Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members in accordance with state law. (g) The Chair of the Advisory Council may establish such subcommittees of the Advisory Council as the Chair determines would provide assistance to the Advisory Council in meeting its responsibilities. Any subcommittee shall be chaired by an Advisory Council member or their designee. (h) A quorum of the Advisory Council is a majority of its members. A vacant position is not counted for quorum purposes. Official action by the Advisory Council requires the approval of a majority of the members present at a meeting with a quorum. (i) The State Energy Office shall provide staff support to the Advisory Council. (j) Annual report. — On or before January 31, 2023, and on or before every January 31 thereafter, the Council shall submit an annual report to the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives for distribution to the members of the General Assembly, with a copy to the Director and the Librarian of the Division of Legislative Services, and the Delaware Public Archives.

Del. Code tit. 29, § 8056 Offshore wind transmission and procurement authority.

(a) Definitions. — For the purposes of this section: (1) “Department” means the Department of Natural Resources and Environmental Control. (2) “DPA” means the Delaware Division of the Public Advocate. (3) “Offshore wind project” means a power production facility located in waters off the Atlantic coast, converting ocean winds into electricity. (4) “PJM Interconnection” means PJM Interconnection, LLC or any successor organization that services the PJM region. (5) “PSC” means the Delaware Public Service Commission. (b) Transmission planning. — (1) The Department shall cooperate with PJM Interconnection in an analysis of the impacts on transmission of offshore wind procurement goals of other states within the PJM region and the potential for procurement by Delaware of electricity from offshore wind projects including transmission system upgrade and expansion options that take into consideration both onshore and offshore infrastructure. The Department shall consult with the PSC, the DPA, and all electric utilities in Delaware prior to engaging with PJM Interconnection in this analysis and shall provide the results of any such analysis to the PSC, the DPA, and all electric utilities in Delaware. (2) The Department shall consult with the state energy offices, or equivalent offices, in other states served by PJM Interconnection to evaluate regional transmission cooperation that could help achieve the State’s renewable energy goals with greater efficiency. The Department shall report to the PSC, the DPA, and all electric utilities in Delaware on this effort. (c) Offshore wind procurement planning. — The Department shall study the procurement processes, including those used in other Atlantic states for electricity from offshore wind projects, evaluate the options for conducting and evaluating a request for proposal process to procure offshore wind power, and prepare recommendations for potential offshore wind procurement. Any procurement process should consider at least the following: (1) The long-term cost impact, if any, on ratepayers in Delaware. (2) Potential economic costs and benefits for the State and for Delawareans. (3) The consistency of such a procurement with the Delaware Climate Action Plan, the Delaware Energy Plan, and the ability of the State to meet its Renewable Energy Portfolio Standards. (4) The avoided costs of greenhouse gas emissions and other air pollutants on the State from power generation sources. (5) Potential health benefits for the State and for Delawareans. (6) The availability and scale of suitable offshore wind locations. (7) The state of the offshore wind industry and associated supply chains. (8) The impacts on the electricity transmission system. (d) Offshore wind procurement authority. — (1) The State Energy Office is authorized and directed to develop and conduct a solicitation or solicitations, as it may deem necessary and appropriate, through a request for proposals for a single or multiple offshore wind contracts relating to energy, capacity, ancillary services and RECs, or only RECs, generated by a qualified offshore wind project or projects equal to an aggregate nameplate capacity of not more than 1,200 megawatts in accordance with the provisions of this section. (2) The State Energy Office may, in its discretion, develop such solicitation or solicitations for a project that serves only Delaware (a “Delaware solicitation”) or in coordination with solicitations, requests for proposals, or other procurement processes conducted by other states and may consider proposals in connection with such other states’ procurement processes (a “coordinated solicitation,” and collectively with a Delaware solicitation, a “solicitation”). A Delaware solicitation shall include project labor agreements, and may include requirements for community benefits agreements, supply chain requirements, workforce development, and conservation and mitigation elements. (3) For both Delaware solicitations and for coordinated solicitations, the State Energy Office is directed to ensure that the ratepayers of 1 utility never bear the costs of any project alone, either by using a coordinated solicitation, or by including at least 1 additional offtaker for any Delaware solicitation. For Delaware solicitations, the State Energy Office is directed to either identify an additional offtaker prior to issuance of a solicitation (as set forth in paragraph (d)(6) of this section) or the bidder must identify an additional offtaker (as is set forth in paragraph (d)(4)d. of this section). (4) Any Delaware solicitation shall require proposals to meet the following offshore wind solicitation requirements (the “OSW solicitation requirements”), which shall be weighted by the State Energy Office in any solicitation: a. Have a term of at least 20 years. b. Have a first-year price expressed in dollars per megawatt-hour that does not exceed 110% of the Delaware benchmark price, as adjusted for inflation to the anticipated starting date of commercial operation, provided that any price escalator for subsequent years shall be limited to a maximum of 2% per year. Furthermore, if the contract is only for the purchase of RECs with no requirement to either: 1. Purchase energy, capacity, or ancillary services; or 2. Transfer revenues from the sales of such electricity products to Delaware electricity ratepayers, then such contract shall have a first-year price that does not exceed 110% of the weighted average cost per megawatt-hour of compliance, through REC procurement, net energy costs of renewable energy contracts, and alternative compliance payments, with the Renewable Energy Portfolio Standards Act [subchapter III-A of Chapter 3 of Title 26] for Commission-regulated public utilities during the 3 immediately preceding years, as adjusted for inflation to the anticipated starting date of commercial operation, provided that any price escalator for subsequent years shall be limited to a maximum of 2% per year. c. Sell or transfer energy, capacity, and RECs, or only RECs, from a qualified offshore wind project. d. Shall identify at least 1 commitment to enter into a long-term contract to purchase offshore wind energy or renewable energy credits with businesses, nonprofit organizations, the State, municipalities or groups of municipalities, or with cooperative associations. The State Energy Office may identify in the solicitation materials that this commitment has been secured prior to the solicitation. However, if no such commitment is identified by the State Energy Office, then such commitment must be included as a part of the bid submitted by a project proponent. e. Specify the avoided greenhouse gas emissions associated with the proposal and a calculation of the economic benefit to the State and Delawareans of such avoided greenhouse gas emissions calculated in total and on a per megawatt-hour basis. f. Specify the avoided health impacts to the State and Delawareans associated with the proposal, including through avoided emissions of air pollutants, and a calculation of the economic benefit to the State and Delawareans of such avoided health impacts calculated in total and on a per megawatt-hour basis. g. Specify the economic costs and benefits for the State and Delawareans associated with the proposal, including the number of in-state jobs created by the project; any increase in wages, taxes, receipts, in-state expenditures, and investments in Delaware offshore wind supply chain; and utilization of instate port and supply chain facilities, and a calculation of such economic costs and benefits to the State and Delawareans calculated in total and on a per megawatt-hour basis. h. Specify the impacts to the electric transmission system and capacity and energy markets in Delaware and within the PJM region and include a calculation of the economic benefits and costs to the State and Delawareans of such transmission, capacity, and energy impacts calculated in total and on a per megawatt-hour basis. i. Specify the expected bill impact for each class of service based upon the Delaware benchmark price. (5) For any coordinated solicitation, any contract applicable to Delaware offtakers shall meet the requirements of paragraph (d)(4)b. of this section (the Delaware benchmark price). Contracts involving offtakers from other coordinating states need not meet the requirements of paragraph (d)(4)b. of this section. Additionally, any proposal resulting from a coordinated solicitation is subject to paragraphs (d)(7) through (d)(9) of this section. (6) The State Energy Office may, prior to the issuance of Delaware solicitation or a coordinated solicitation, enter agreements with potential offtakers, including but not limited to businesses, nonprofit organizations, the State, municipalities or groups of municipalities, or with cooperative associations, who are willing to enter long term contracts in the event that a project moves forward. Notwithstanding the provisions of Chapter 69 of Title 29, the State has authority to enter such an energy supply contract for any portion of the power supply needs of the State upon approval of the Director of the Office of Management and Budget. (7) Prior to the issuance of any Delaware or coordinated solicitation, the State Energy Office shall present the proposed solicitation to the Renewable Energy Taskforce for review and recommendations in accordance with § 360(d)(4) of Title 26. The State Energy Office may, in its sole discretion, adopt or reject recommendations from the Renewable Energy Taskforce. Should the Renewable Energy Taskforce fail to provide recommendations within 60 days of being presented with the solicitation, the State Energy Office may, in its sole discretion, move forward with a solicitation without such recommendations. (8) Following receipt of the recommendations of the Renewable Energy Taskforce, or the expiration of the 60-day period set forth in paragraph (d)(7) of this section, the State Energy Office shall present the solicitation to the Public Service Commission for review and approval in accordance with § 365 of Title 26. The State Energy Office shall not issue any solicitation not approved by the Public Service Commission. If the Public Service Commission issues a “preliminary order,” as defined in § 365 of Title 26, the State Energy Office shall issue the solicitation. (9) After receipt of proposals, from either a Delaware solicitation or a coordinated solicitation, the State Energy Office shall determine whether a Delaware solicitation proposal meets the OSW solicitation requirements, and whether any coordinated solicitation meets the requirements applicable to coordinated solicitations in this section. Any solicitation that does not meet such requirements, shall be excluded from further consideration. For any proposals which includes a price term at or below the requirements set forth in paragraph (d)(4)b. of this section, the State Energy Office may determine, in its sole discretion, whether to proceed to negotiate contract terms with the proposer based on consideration of the following factors: a. The proposal’s likelihood of achieving commercial operation. b. The proposal’s consistency with the Delaware Climate Action Plan and the Delaware Energy Plan. c. Whether the proposal will result in a net reduction in greenhouse gas emissions from the electricity consumed within Delaware, or states bordering Delaware, or within the PJM region. d. The proposal’s impact on the ability of the State to meet the 2030 target and 2050 target for greenhouse gas emissions reductions set forth in § 10003 of Title 7 and to meet the minimum percentage of electric energy sales with eligible energy resources as required by § 354(a) of Title 26. e. Whether the proposal is competitive with new renewable or carbon-free energy projects of similar scale and production profile interconnecting to the PJM grid in Delaware, or states bordering Delaware. f. The potential economic costs and benefits for the State and Delawareans associated with the proposal and the strength of economic benefit guarantees in the proposal. g. The avoided costs of greenhouse gas emissions and other air pollutants. h. The potential health benefits for the State and for Delawareans. i. The availability and scale of suitable offshore wind locations. j. The state of the offshore wind industry, the project applicant, and the associated supply chains. k. The impacts, if any, of the proposal on the electric transmission system and capacity and energy markets, including the ability to facilitate future expansion of offshore wind energy delivery capability. (10) If the State Energy Office moves forward with negotiation of contract terms on any proposal, such contract terms shall include project labor agreements, and may include community benefits agreements, supply chain requirements, workforce development requirements, and conservation and mitigation elements. The State Energy Office may approve the terms and conditions of an offshore wind contract provided it determines that entering into an offshore wind contract with such terms and conditions is in the public interest, which the State Energy Office shall determine after consideration of the OSW solicitation requirements and the criteria set forth in this section. If the State Energy Office issues such approval, the offshore wind contract shall be submitted to the Commission for approval pursuant to § 365 of Title 26.

Del. Code tit. 29, § 8057 Green Energy Fund [Effective until July 16, 2028].

(a) (1) The Department of Natural Resources and Environmental Control (DNREC) shall transfer 30% of all alternative compliance payments and solar alternative compliance payments made into the Green Energy Fund to the Low Income Home Energy Assistance Program. A transfer under this paragraph is not included in calculations under this section relating to total money deposited or spent from the Green Energy Fund. (2) The State Energy Office shall administer moneys in the Green Energy Fund, in consultation with other offices within DNREC and the Division of the Public Advocate, through a program of environmental incentive grants and loans for the development, promotion and support of energy efficiency programs and renewable or alternative energy technology in the State. (b) The State Energy Office shall establish standards, procedures and regulations governing the administration of the Green Energy Fund which are not inconsistent with this subchapter. Up to 7.5% of the moneys deposited in the Green Energy Fund each year may be used for administration of the Fund, and an additional 2.5% of the moneys may be used for outreach activities including marketing, advertising and workshops. (c) The goals which shall guide use of the Green Energy Fund include: (1) Fostering use of energy efficient, renewable and environmentally friendly energy technologies throughout the State in the residential, commercial, industrial, public and agricultural sectors; (2) Promoting research, development and demonstration projects in the fields of energy efficiency and renewable energy technologies; (3) Advocating green public policy initiatives; (4) Establishing and supporting education and public awareness programs; (5) Pursuing community outreach programs; (6) Supporting the development of green industries and generators in the State; (7) Encouraging the construction, maintenance and operation of green buildings, schools and residential developments; and (8) Creating market incentives for the pursuit of renewable energy resources by energy providers in the State. (d) The Green Energy Fund shall be used for programs in Delaware including, but not limited to: (1) The Green Energy Endowment Program: a. The Green Energy Endowment Program shall provide cash grants from the Green Energy Fund to customers that have constructed, purchased, leased or who have executed a power purchase agreement for renewable energy technology and have placed such renewable energy technology in service. b. Any 1 cash grant for any 1 project shall be no more than is necessary to promote deployment of renewable energy technologies. The level of incentive shall be set by the Secretary, in consultation with the Sustainable Energy Utility Oversight Board, and may be amended from time to time to respond to market conditions. c. Persons eligible for cash grants under the Green Energy Endowment Program shall include: 1. Persons in Delaware receiving services from Conectiv, or its successor, after the adoption of a restructuring plan pursuant to § 1005(a) of Title 26; and 2. Persons in Delaware receiving services from a nonregulated electric supplier which is contributing to the Green Energy Fund. d. Grants made under the Green Energy Endowment Program shall not exceed 65% of all expenditures from the Green Energy Fund on an annual basis. e. Funds available for grants under the Green Energy Endowment Program will be allocated into a residential pool and a nonresidential pool on an annual basis. Sixty percent of the funds available for grants under the Green Energy Incentive Program will be allocated to the residential pool and 40% of the funds available for grants under the Green Energy Endowment Program will be allocated to the nonresidential pool. f. For all new Green Energy Endowment Program applicants who have not, as of July 28, 2010, received a commitment of funding from DNREC, must first, before applying for a grant under this program, conduct a home performance with Energy Star audit, using a Building Performance Institute or equivalent certification program trained professional, and identify cost-effective energy efficiency projects. Newly constructed homes and commercial buildings must receive Energy Star certification or an equivalent third-party green building certification in order to receive funding under this program. (2) The Technology Demonstration Program: a. The Technology Demonstration Program shall provide cash grants equal to 25% of the cost of a project which demonstrates the market potential of Renewable Energy Technology in Delaware, with no 1 grant for any 1 project to exceed $200,000. b. Grants made under the Technology Demonstration Program shall not exceed 25% of all expenditures from the Green Energy Fund on an annual basis. (3) The Research and Development Programs: a. Under the Research and Development Programs moneys will be expended from the Green Energy Fund: 1. To support qualifying research and graduate studies in Delaware in energy efficiency and renewable energy technologies; and 2. To provide grants equal to no greater than 35% of the cost of project for the development of a product in Delaware directly related to Renewable Energy Technology, including but not limited to any product improving the engineering of, adapting or developing Renewable Energy Technology either as an independent piece of Renewable Energy Technology or as a component thereof, with no 1 grant for any one project to exceed $250,000. b. Grants made under the Research and Development Programs, in the aggregate, shall not exceed 10% of all expenditures from the Green Energy Fund on an annual basis. (4) Solar Energy Curriculum Program. — The Solar Energy Curriculum Program shall provide cash grants from the Green Energy Fund to high schools in Delaware that are Delmarva Power customers and that create a course, or curriculum, that teaches the science, economics, policy, and hands-on installation of solar photovoltaic technology. Grants made under this program shall provide 100% funding for the installation of a solar photovoltaic system to be used as part of the qualifying school’s solar energy curriculum. Total funding may not exceed $10,000 per school for solar equipment only, and shall not prevent the school from participating in the Green Energy Endowment Program. Green Energy Fund dollars committed to such installations shall not exceed $100,000 per year total. The Energy Office shall establish appropriate curriculum eligibility criteria before awarding any such grants. (5) Unexpended Funds. — Any amount allocated to the Green Energy Endowment Program, the Technology Demonstration Program and the Research and Development Programs and not expended during a particular year shall be considered as part of the Green Energy Fund and available for allocation and expenditure in subsequent years. Provided the Controller General approves, annual funds collected and unused during 1 fiscal year that have been apportioned to the commercial sector in the Green Energy Endowment Program may be moved for use in the residential sector in following years to allow the Energy Office to satisfy application queues should they develop. (6) The Secretary may, in the event the Endowment program described in paragraph (d)(1) of this section above is unable to keep pace with demand, indefinitely suspend the Technology Demonstration and Research and Development programs defined in paragraphs (d)(2) and (3) of this section and direct all available funds to the Green Energy Endowment Program until such time as any queue is eliminated and all applicants have received their authorized payment. (e) Upon a finding by the Secretary, in consultation with the Sustainable Energy Utility Oversight Board, that the incentives provided for renewable energy technologies through the operation of the Delaware Renewable Energy Portfolio Standard as authorized under subchapter III-A, of Chapter 1, of Title 26, are substantially equivalent to or exceed those allowed under this chapter, the Secretary may, providing that all approved applicants receive payments offered under the Green Energy Endowment Program, suspend in part or in full, the Green Energy Endowment Program, the Technology and Demonstration Program and/or the Research and Development Program under paragraphs (d)(1)-(3) of this section and reallocate revenues authorized under § 1014(a) of Title 26 to alternative incentive programs to promote energy efficiency and green building programs, renewable energy loan programs and incentive programs for nonprofit organizations. In the event the Secretary makes such a finding in consultation with the Sustainable Energy Utility Oversight Board, the Secretary shall provide to the Chairs of the House and Senate Energy Committees the Secretary’s rationale for such a finding and a full description of the new program to be implemented. (f) Incentives provided through the Green Energy Fund shall be exempt from taxation by the State and by the counties and municipalities of the State.

Del. Code tit. 29, § 8058 Rules and regulations.

The Secretary shall promulgate rules and regulations governing the administration of the State Energy Office or that are necessary to carry out the provisions of this subchapter.

Del. Code tit. 29, § 8059 Sustainable Energy Utility.

(a) Definitions. — As used in this section: (1) “Affected electric energy provider” means an electric distribution company, rural electric cooperative, or municipal electric company serving energy customers in Delaware. (2) “Affected energy provider” means an affected electric energy provider or affected natural gas distribution company. (3) “Affected natural gas distribution company” means a natural gas distribution company serving energy customers in Delaware. (4) “Agency” means any state agency, authority, or any political subdivision of the State or local government, including, but not limited to, county, city, township, village or municipal government, local school districts, and institutions of higher education, any state-supported institution, or a joint action agency composed of political subdivisions. (5) “Commission” means the Delaware Public Service Commission. (6) “Energy efficiency” means a decrease in consumption of electric energy or natural gas on a per unit of production basis which does not cause a reduction in the quality or level of service provided to the energy customer, achieved through measures or programs that target consumer behavior, or replace or improve the performance of equipment, processes, or devices. Energy efficiency can also mean the reduction in transmission and distribution losses associated with the design and operation of the electrical system. (7) “Energy savings” means reductions in electricity consumption, reductions in natural gas consumption, electricity peak demand response programs resulting in reduced electricity consumption, or measurable efficiency gains from the transition to lower-emission fuels, as determined by the Secretary through regulations pursuant to paragraph (h)(3) of this section. (8) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control. (9) “SEU Oversight Board” (“the Board”) means the board created pursuant to this section. (10) “Sustainable Energy Utility” (“SEU”) is the nonprofit entity created pursuant to the provisions of this section to develop and coordinate programs for energy end-users in Delaware for the purpose of promoting the sustainable use of energy in Delaware. (b) Intent of legislation. — The General Assembly finds that there remain in Delaware significant, cost-effective opportunities to acquire end-user energy efficiency savings that can lower customers’ bills and reduce the environmental impacts of energy production, delivery, and use. Delaware has an opportunity to create new markets for customer-sited renewable energy generation that will help build jobs in Delaware, improve our national security, keep value within the local economy, improve energy reliability, and protect Delawareans from the damaging effects of recurrent energy price spikes. (c) Sustainable Energy Utility administrative organization. — (1) This section creates the “Sustainable Energy Utility” (“SEU”). The SEU shall design and deliver comprehensive end-user energy efficiency and customer-sited renewable energy services to Delaware’s households and businesses. The SEU shall be unaffiliated with any of the State’s electric or gas utilities, public or private. (2) Routine administration of the SEU shall be managed by an executive director selected by the Board through an open and competitive selection process. (d) SEU Oversight Board. — (1) a. The business and affairs of the SEU shall be managed by or under the direction of the SEU Oversight Board. The SEU Oversight Board shall consist of 11 members and shall include the Secretary of the Department of Natural Resources and Environmental Control (“DNREC”) or the Secretary’s designee, and the Public Advocate or the Public Advocate’s designee. The Board shall include representation from each county. Seven members of the SEU Oversight Board shall be appointed by and serve at the pleasure of the Governor, and may include, but not be limited to, representatives from the nonprofit environmental community, the nonprofit energy community, the nonprofit community servicing the low and moderate income community, the financing/accounting community, business, labor, and education. One member of the SEU Oversight Board shall be appointed by and serve at the pleasure of the President Pro Tempore, and 1 member shall be appointed by and serve at the pleasure of the Speaker of the House. The Board shall elect 1 of its members to serve as a chairperson by a majority vote. The Director of the Division of Climate, Coastal and Energy of DNREC, or the Director’s designee, shall serve on the Board in an ex officio nonvoting capacity. The terms of the board members shall typically be 4 years, and shall be staggered. The Governor may appoint members for terms of less than 4 years to ensure that the terms are staggered. The Governor may, at any time, remove any gubernatorial appointee to the SEU Oversight Board for gross inefficiency, malfeasance, misfeasance or nonfeasance, in office. A gubernatorial appointee may be deemed to have resigned their position if they are absent from 3 consecutive board meetings without good cause. b. The SEU Oversight Board shall be governed by and subject to the Delaware Freedom of Information Act (Chapter 100 of this title). c. The SEU Oversight Board shall include a provision in its bylaws pertaining to conflicts of interest and Board members shall be required to sign conflict of interest statements. (2) The SEU Oversight Board may, from time to time, appoint 1 or more advisory committees. An advisory committee may include representatives of organizations which represent low and moderate income energy consumers, low and moderate income housing consumers, civic organizations, environmental organizations, the energy industry, the energy efficiency and energy conservation community, the renewable energy community, marketing and public relations, small business, agriculture, accounting, business management, banking, finance, nonprofit communities, the general public, and the academic community. The Board shall decide the number of advisory committee members (including ex officio members). a. Among other things, the advisory committee may provide advice to the Board on issues of public policy and public education which may enhance the performance and quality of service of the SEU. b. A candidate for an advisory committee shall require a 2 / 3 vote of Board members in order to serve. Criteria for the advisory committee members shall include professional experience, community service, reputation, significance to Delaware, a diversified representation of the Delaware community and geographical representation of the State. c. Nominations for the advisory committee may be submitted by Board members and public solicitation. (3) Board members shall serve without compensation. (4) No board member shall receive financial gain from service on the Board. (5) Board members shall not be employed by any organization directly or indirectly affiliated with the SEU or its contractors for a period of not less than 2 years after the end of their service on the Board. (6) The Board shall adopt by-laws, by September 28, 2007, to govern itself. (7) The Board shall have the following responsibilities, among others permitted by law: a. Review and approve the contract-term and performance targets recommended by the executive director. b. Review and approve any proposed modifications to SEU performance targets or program designs. (e) SEU executive director responsibilities. — The SEU executive director is responsible for the day-to-day functions and responsibilities of the SEU. The executive director’s chief responsibilities include oversight of program management, and setting and compliance with appropriate performance and budgetary targets. (1) Program research and design. — a. The executive director shall develop a comprehensive suite of program designs. Each program design must specify, at minimum, program goals, performance targets, an estimated budget, an implementation strategy, and an evaluation strategy. The executive director is not required to design or initiate all programs at once, but the executive director must demonstrate how each program fits within the SEU’s overall strategy to meet the SEU’s long-term performance targets. b. The executive director is expected to fulfill the following responsibilities through program designs, RFPs, and program implementation: 1. To be responsive to customers and market forces in implementing and redesigning the programs; 2. To design a portfolio of programs to allow all energy end-users, regardless of electricity or gas retail providers, and regardless of market segment or end-use fuel, to participate in the SEU programs; 3. To promote program initiatives and market strategies that address the needs of persons or businesses facing the most significant barriers to participation; 4. To promote coordinated program delivery, including coordination with low income programs, other efficiency programs, and utility programs; 5. To coordinate with relevant regional and national energy efforts and markets, including markets for pollution emissions offsets and credits, and renewable energy credits; 6. To consider innovative approaches to delivering sustainable energy services, including strategies to encourage third-party financing and leveraged customer contributions to the cost of program measures, as consistent with principles of sound program design; 7. To offer “one-stop shopping” and be the point-of-contact for sustainable energy services in Delaware; 8. To create a comprehensive website that provides easy access to SEU programs and information for all Delawareans, allowing them to participate in SEU programs electronically; 9. To emphasize “lost opportunity” markets, which are sustainable energy measures that can only be cost-effectively captured at particular times, such as during new construction or extensive remodeling; and 10. To emphasize market strategies to deliver services. (2) Administration of contracts. — The SEU shall propose and adopt rules to guide the bidding process and criteria to guide bid selection. The RFPs shall specify a contract term not to exceed the limitation set forth in The Energy Performance Contracting Act set forth in subchapter V of Chapter 69 of this title. (3) Oversight and reporting. — a. The SEU Oversight Board shall develop a 3- to 5-year strategic plan, with input provided by board members, stakeholder groups across the State, and the public at large. The strategic plan shall be made available to the public on the SEU’s website. The SEU’s strategic plan shall include an educational component for the general public with a continued focus on residential energy efficiency projects. b. The SEU shall publish a comprehensive annual report which shall be submitted to the Governor and the General Assembly and made available to the public on the SEU’s website. c. The SEU shall have certified financial statements prepared at the end of each fiscal year and make them available to the public on the SEU’s website. d. The SEU’s financial statements shall be audited every other year by an independent certified public accounting firm qualified to perform such an audit, and the audit results shall be made available to the public on the SEU’s website. (f) Funding for the SEU. — (1) DNREC may partner with the SEU to assist in the administration of some or all of the Green Energy Fund in accordance with § 8057 of this title. (2) Bonds of the SEU. — a. The SEU may from time to time issue bonds for any corporate purpose and all such bonds, notes, bond anticipation notes or other obligations of the SEU issued pursuant to this section shall be and are hereby declared to be negotiable for all purposes notwithstanding their payment from a limited source and without regard to any other law or laws. In anticipation of the sale of such bonds, the SEU may issue negotiable bond anticipation notes and may renew the same from time to time, but the maximum maturity of any such note, including renewals thereof, shall not exceed 5 years from the date of issue of the original note. Such notes shall be paid from any revenues of the SEU available therefor and not otherwise pledged, or from the proceeds of sale of the bonds of the SEU in anticipation of which they were issued. The notes shall be issued in the same manner as the bonds. Such notes and the resolution or resolutions authorizing the same may contain any provisions, conditions or limitations which a bond resolution of the SEU may contain. b. The bonds and notes of every issue shall be payable solely out of the revenues of the SEU, subject only to any agreements with the holders of particular bonds or notes pledging any particular revenues and subject to any agreements with any participating facility. Notwithstanding that bonds and notes may be payable from a special fund, they shall be and be deemed to be, for all purposes, negotiable instruments subject only to the provisions of the bonds and notes for registration. c. The bonds may be issued as serial bonds or as term bonds, or the SEU, in its discretion may issue bonds of both types. The bonds shall be authorized by resolution of the members of the SEU Oversight Board and shall bear such date or dates, mature at such time or times, not exceeding 50 years from their respective dates, bear interest at such rate or rates, payable at such time or times, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in lawful money of the United States of America at such place or places, and be subject to such terms of redemption, as such resolution or resolutions may provide. Such resolution or resolutions may delegate to any combination of 3 of the members of the SEU Oversight Board, the power to determine any of the matters set forth in this paragraph (f)(2) and the power to award the bonds to a purchaser or purchasers at public sale or to negotiate a sale to a purchaser or purchasers. The bonds or notes may be sold at public or private sale for such price or prices as the SEU shall determine. Pending preparation of the definitive bonds, the SEU may issue interim receipts or certificates which shall be exchanged for such definitive bonds. d. Neither the members of the SEU Oversight Board nor any person executing the bonds or notes shall be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof. e. The SEU shall have power, out of any funds available therefor, to purchase its bonds or notes. The SEU may hold, pledge, cancel or resell such bonds or notes subject to and in accordance with agreements with bondholders or participating facilities. The SEU may elect to have bonds issued by a conduit issuer and borrow the proceeds thereof. f. Bonds or notes issued under this section shall not be deemed to constitute a debt or liability of the State or of any political subdivisions thereof or a pledge of the faith and credit of the State or of any such political subdivision, but shall be payable solely from the funds herein provided therefor. All such bonds or notes shall contain on the face thereof a statement to the effect that neither the State nor any political subdivision thereof shall be obligated to pay the same or the interest thereon and that neither the faith and credit nor the taxing power of the State or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such bonds. The issuance of bonds under this section shall not directly or indirectly or contingently obligate the State or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for their payment. Nothing contained in this section shall prevent or be construed to prevent the SEU from pledging its full faith and credit or the full faith and credit of a participating facility to the payment of bonds or issue of bonds authorized pursuant to this section. g. Interest on bonds or notes issued under this section shall be exempt from income taxation by this State or any political subdivision thereof. (3) Revenue sources contributing to the SEU for the purpose of paying bond debt may include but not be limited to funds from shared savings agreements with SEU participants and partial proceeds from the sale of Renewable Energy Credits or Solar Renewable Energy Credits in local and regional markets. The Green Energy Fund shall provide equity leverage for the SEU. (4) Incentives provided through the SEU or proceeds from the Regional Greenhouse Gas Initiative shall be exempt from taxation by the State and by the counties and municipalities of the State. (g) Contracts with the State or agencies. — The State or any agency may enter into contracts with the SEU or a qualified provider (as defined in § 6972(5) of this title) for the purpose of acquiring, constructing, operating, or providing a project, including arrangements for paying the costs of such project, which costs may include debt service requirements of the SEU relating to that project. If the SEU procures a contract in accordance with subsection (e) of this section, a contract between the SEU and the State or an agency that provides the benefit of the contract to the State or agency may be entered into by the State or agency without additional competitive procurement. No obligation of the State or an agency under an installment payment agreement, a guaranteed energy performance contract or any other agreement entered into in connection with a project under this Chapter 80 or Chapter 69 of this title shall constitute or create a debt of the State or agency. No such obligation of the State or an agency shall constitute a tax supported obligation or a bond or a note of the State as provided in Chapter 74 of this title. (h) Expansion of cost-effective energy efficiency programs. — Notwithstanding progress towards the achievement of the energy savings targets in § 1502(a) of Title 26, each affected energy provider shall implement energy efficiency, energy conservation, and peak demand reduction programs that are cost-effective, reliable, and feasible as determined through regulations promulgated pursuant to paragraph (h)(3) of this section and delivered in collaboration with the Sustainable Energy Utility as described herein. (1) Development and delivery of programs. — a. An advisory council consisting of 13 members shall be established by the Secretary and shall include 2 representatives of the Sustainable Energy Utility, and 1 representative of each of the following sectors: 1. Affected energy providers; 2. Manufacturing; 3. Agriculture; 4. Environmental; 5. Commercial; 6. Residential; and 7. Low-income sectors. The advisory council will assist affected energy providers in the development of energy efficiency, peak demand reduction, and emission-reducing fuel switching programs to meet the requirements of this section and in evaluation, measurement and verification of energy savings. Programs shall be designed to maximize the cost-savings benefits for ratepayers by utilizing private financing and allowance proceeds from the Regional Greenhouse Gas Initiative to the maximum extent practicable and consistent with this section, as the preferred sources of program financing prior to expenditures that would otherwise be eligible for rate recovery. The advisory council shall also recommend adoption of financing mechanisms, including, but not limited to, on-bill financing, property assessed clean energy (“PACE”) models, and other innovative financing tools. b. The advisory council, in collaboration with the Public Service Commission staff, and the Public Advocate, shall recommend candidate energy efficiency, and reduction, and emission-reducing fuel-switching program elements that are cost-effective, reliable, and feasible, including financing mechanisms. Such programs shall prioritize the use of energy audits to identify comprehensive energy efficiency measures that maximize cost-effective savings. The advisory council shall recommend 3-year program portfolios and define associated savings targets for the consideration of each affected energy provider. c. Unless otherwise provided, affected energy providers shall prepare and submit to the advisory council 3-year program plans, schedules, and budgets designed to reflect the recommended program portfolios, including the defined energy savings targets. On a 3-year cycle, the advisory council shall review energy efficiency, peak demand reduction, and fuel switching program plans for each affected energy provider and recommend them for approval by the appropriate regulatory authority, if it finds them to be cost-effective through a net-cost-benefit analysis that quantifies expected cost savings when considered in their entirety pursuant to regulations required by paragraph (h)(3) of this section. Such programs must reduce overall utility bills. d. Evaluation, measurement, and verification costs incurred by the advisory council and affected energy providers shall be included as costs in the cost-effectiveness test for the program portfolios. Costs shall be reimbursed first by any direct revenues from the programs, including but not limited to revenues from wholesale capacity markets. If such revenues are greater than program costs, the additional revenues shall be applied towards reducing the costs of future energy efficiency programs. If such revenues are less than program costs, the remaining costs shall be allocated to affected energy providers on the basis of total annual sales of energy and reimbursed by affected energy providers as part of energy efficiency and peak demand response program operation costs. e. The Commission shall review the programs and portfolios recommended by the advisory council, including evaluating the projected net-cost savings, in determining whether to approve such programs for implementation by Commission-regulated affected energy providers. Notwithstanding any provision in Title 26, the Commission shall approve the recovery of appropriate costs incurred by Commission-regulated affected energy providers for approved programs and portfolios on an annual basis, in the same manner as other supply resources, including allocated costs pursuant to this paragraph (h)(1). The Commission shall approve cost recovery for cost-effective energy savings resulting from cost-effective programs and portfolios of commission-regulated affected energy providers that are verified through procedures established in regulations promulgated pursuant to paragraph (h)(3) of this section and determined not to increase overall utility bills. Recovery of appropriate costs shall be through a rate-recovery mechanism that is consistent with the goals and objectives of this section and recommended by the advisory council, filed by the affected energy providers, and approved by the Commission. 1. For the portion of efficiency programs not financed through SEU-secured private financing or Regional Greenhouse Gas Initiative allowance proceeds, or other SEU resources, the Commission shall utilize a process that achieves the efficient and timely recovery on an annual basis by commission-regulated affected energy providers of appropriate costs and associated rates of return related to implementing activities and programs recommended by the advisory council. 2. For commission-regulated affected energy providers, appropriate costs incurred arising out of activities and programs recommended by the advisory council that are not subject to contemporaneous recovery shall be subject to deferred accounting treatment to ensure that program costs are less than expected savings. Program costs may not be placed in the permanent rate base, nor exceed the amortization schedule of the deferred accounting treatment. 3. Peak demand reduction programs of commission-regulated affected energy providers that are currently under review or already have been approved by the Commission, including dynamic pricing and direct load control, shall not be subject to review and approval by the advisory council. f. Affected energy providers that are not regulated by the Commission may elect to develop, implement and fund programs for energy efficiency and peak demand reduction recommended for approval by the boards of directors for rural electric cooperatives or the pertinent local regulatory authorities for municipal electric companies. For purposes of any comparable plan implemented pursuant to the requirements of § 363 of Title 26, energy efficiency resulting in a reduction in overall energy consumption that exceeds 10% of the electricity provider’s 2007 electric consumption shall constitute an “eligible energy resource” under § 352 of Title 26, provided such energy provider has first achieved the 15% energy savings goal as required by § 1502(a)(1) of Title 26 and determined pursuant to paragraph (h)(3) of this section. Such energy efficiency shall be measured and verified as provided in paragraph (h)(3) of this section. g. The affected energy providers and the Sustainable Energy Utility shall collaborate to promote available energy efficiency and peak demand reduction programs through a common marketing platform provided by the SEU, which shall serve as an easily accessible resource for all residents of Delaware seeking to save money through energy efficiency. h. The advisory council and the Sustainable Energy Utility may collaborate to design programs to promote and support the development and construction of energy-efficient housing, including programs to alleviate the potential increased upfront costs caused by the adoption of local stretch codes. i. Nothing in this section shall reduce the authority of the Sustainable Energy Utility as defined in this title. The Sustainable Energy Utility, at its discretion, may provide private financing, allowance proceeds from the Regional Greenhouse Gas Initiative, or other financial resources to reduce implementation costs of energy efficiency programs in coordination with the affected energy providers and may collaborate with affected energy providers to provide efficiency programs. (2) Annual reporting. — DNREC shall annually publish a report on statewide electricity and natural gas consumption and electricity peak energy demand and make the report available to the general public by December 31 of each calendar year. All affected energy providers shall provide actual and projected electric and natural gas consumption and peak usage data to DNREC on an annual basis as specified in regulations promulgated pursuant to paragraph (h)(3) of this section. The report shall identify progress toward the energy and peak savings targets of § 1502(a) of Title 26. In determining compliance with the applicable energy savings requirements, the Secretary shall exclude reported electricity savings or natural gas savings that are not adequately demonstrated and documented, in accordance with the regulations promulgated under paragraph (h)(3) of this section. (3) Evaluation, measurement, and verification of energy efficiency. — a. Not later than June 30, 2015, the Secretary of the Department of Natural Resources and Environmental Control, with the cooperation of affected energy providers, shall, by regulation, establish the requirements of this subsection, including, but not limited to: 1. Evaluation, measurement and verification procedures and standards, including impact evaluation, environmental outcomes, process evaluation, market effects, and cost-effectiveness evaluation; 2. Requirements under which affected energy providers shall demonstrate, document, and report compliance with the energy savings targets established under § 1502(a) of Title 26; and 3. Procedures and standards for defining and measuring electricity savings and natural gas savings that can be counted towards the energy savings targets established under § 1502(a) and (b) of Title 26. b. All regulations promulgated under this chapter shall be adopted under the Administrative Procedures Act, Chapter 101 of Title 29. Regulations promulgated by the Secretary shall not differ significantly among affected natural gas distribution companies or among affected electric energy providers. Regulations promulgated pursuant to this chapter and case decisions issued under the auspices of this chapter by the Secretary shall be subject to direct appeal to the Superior Court pursuant to the provisions of the Administrative Procedures Act, Chapter 101 of Title 29. The Environmental Appeals Board shall not have jurisdiction over any such appeal.

Del. Code tit. 29, § 8059A Delaware Energy Fund [Expires effective July 16, 2028, pursuant to 85 Del. Laws, c. 81, § 5].

(a) The Delaware Energy Fund is established and shall be administered by the Sustainable Energy Utility (SEU). (b) The Delaware Energy Fund will provide financial assistance for energy costs to residents of the State whose household income is below 350% of the federal poverty level, provided, however, that any resident qualifying for the Low Income Home Energy Assistance Program (LIHEAP) will be directed to participate in LIHEAP if funding is available. In that case, administrators of the Delaware Energy Fund shall redirect the application of any individual or family who would qualify for assistance from LIHEAP to the Department of Health and Social Services. (c) Recipients of assistance from the Delaware Energy Fund must be required to participate in energy savings and efficiency programs offered by the SEU. (d) A grant of assistance under this section to a qualified applicant may be made only once per application. A second or subsequent grant may be made to the same applicant where funds are available, but the applicant must submit a second or subsequent application showing continued eligibility. (e) The SEU shall annually provide a report on the receipt and distribution of moneys in the Delaware Energy Fund to all of the following: (1) The Chief Clerk of the House of Representatives for distribution to all members. (2) The Secretary of the Senate for distribution to all members. (3) The Governor. (4) The Director and Librarian of the Office of Legislative Services. (f) The SEU may promulgate rules and regulations necessary for the operation of the Delaware Energy Fund. (g) A corporation or other person may contribute to the Delaware Energy Fund or contribute to the SEU directly in furtherance of the purposes of this section. A contribution from a corporation or other nongovernmental source may be restricted under an agreement with the contributor. In the case of a utility that makes a contribution to the Delaware Energy Fund, the use of those funds will be limited for the benefit of customers of the contributing utility who are eligible for assistance under this section.

Del. Code tit. 29, § 8060 Restrictions.

(a) No county or municipal government, homeowner association, or association formed for the management of commonly-owned elements and facilities or for regulating use of private property shall adopt any covenant, restriction, deed restriction, zoning restriction, or subdivision restriction which prohibits or restricts the owner of a property from using a system for obtaining wind energy for a residential single family dwelling unit. Any such restriction adopted after August 8, 2009, shall be void and unenforceable. Notwithstanding the provisions of any existing county or municipal zoning ordinance or regulation, no prohibition against or restriction on wind energy systems for residential single-family homes that is inconsistent with this section and adopted prior to August 8, 2009, shall be effective and no conditional use or other zoning review process shall be required. (b) A county or municipal government, homeowner association, or an association formed for the management of commonly-owned elements and facilities or for regulating use of private property may place restrictions on wind energy system installations subject to subsection (a) of this section, provided such restrictions shall not be more restrictive than the following: (1) Wind turbines shall be setback 1.0 times the turbine height from adjoining property line. Turbine height means the height of the tower plus the length of 1 blade. (2) The aggregate noise or audible sound of a wind system shall not exceed 5 decibels above the existing average noise level of the surrounding area and shall be restricted to a maximum of 60 decibels measured at any location along the property line to the parcel where the wind system is located. (3) Wind systems shall be free from signage, advertising, flags, streamers, any decorative items or any item not related to the operation of the wind turbine. Electric wiring for the turbines shall be placed underground for nonbuilding integrated systems. (4) This section shall not be applicable in any county or municipal designated historic district or historic zoning district. (5) Any wind energy system shall be buffered from any properties or structures included on the Historic Register. (c) The provisions of this section shall apply to wind energy systems and wind facilities that qualify for support from the Green Energy Fund, as authorized under § 8057 of this title, or other such similar programs administered by the State Energy Office.

Del. Code tit. 29, § 8061 Delaware Voluntary Clean Energy Financing Program based on property assessments (D-PACE) or other local assessments.

(a) The General Assembly finds and declares that: (1) The production and efficient use of energy will continue to play a central role in the economic future and environmental sustainability of Delaware and the nation as a whole; and (2) The development, production, and efficient use of clean energy will strengthen the economy, improve the public and environmental health of this State, and contribute to the energy security of our nation; and (3) The financing of clean energy systems and energy efficient technologies, and the powers conferred and expenditures made pursuant to this statute, will serve a valid public purpose and that the enactment of this section is expressly declared to be in the public interest. (b) It is the purpose and intent of the General Assembly: (1) To establish a voluntary commercial property assessed clean energy program in the State to provide access to financing for clean energy systems and energy efficient technologies with free and willing commercial property owners of both existing properties and new construction within the State. (2) To utilize the Sustainable Energy Utility and the unique capabilities and qualities inherent within its structure and finances to launch a commercial voluntary assessed clean energy program that ensures the private capital markets can participate in this program. (c) Definitions. — (1) “Benefit assessment” means a voluntary property assessment or other government service fee assessment, as authorized by this section, which is the mechanism through which a commercial property owner repays the financing for the qualifying energy improvements; (2) “Benefited property owner” means an owner of qualifying commercial real property who desires to install qualifying energy improvements and provides free and willing consent to the benefit assessment against the qualifying commercial real property; (3) “Clean energy systems” means renewable energy power generation including solar photovoltaic and thermal, wind, biomass, or geothermal and including waste heat recovery and other zero or net-zero emission energy sources available with advancing technology; (4) “Commercial property” means any real property other than a residential dwelling containing less than 5 dwelling units; (5) “County” means any county as defined in Title 9, and as authorized by this legislation or the SEU to issue benefit assessments; (6) “Delaware Voluntary Property Assessed Clean Energy Program” or “D-PACE Program” means a program that facilitates reductions in energy production and consumption and utilizes the benefit assessments authorized by this section as security for the financing of these qualifying energy improvements; (7) “Energy efficient technologies” means any device or piece of equipment, used in conjunction with existing infrastructure and appliances or as a replacement, that reduces energy consumption, but does not itself generate energy; (8) “Energy utilities” means Delmarva Power and Light, Chesapeake Utilities, Delaware Electric Co-operative, Delaware Municipal Electric Corporation, or their successors as defined in Chapter 10 of Title 26; (9) “Participating county” means a county that has entered into a written agreement, as approved by its legislative body, with the D-PACE Program pursuant to which the county has agreed to levy benefit assessments for qualifying energy improvements for benefited commercial property owners within such county and costs reasonably incurred in performing such duties; (10) “Qualifying commercial real property” means any commercial property located in the State, regardless of ownership, that meets the qualifications established for the D-PACE Program; (11) “Qualifying energy improvements” means any construction, renovation or retrofitting of energy efficient technology, clean energy systems, or qualifying waste heat recovery technologies that are permanently fixed to qualifying commercial real property; (12) “Qualifying waste heat recovery technologies” means equipment and processes that capture the waste thermal energy from electric generation and other waste heat sources for use in nonpower generating commercial/industrial processes, including but not limited to space and water heating, in qualifying commercial real estate where fossil fuel power generation is not the principal business; (13) “SEU” means the Sustainable Energy Utility as defined in this chapter; and (14) “Third-party capital provider” means 1 or more entities, other than the SEU, that provides financing to benefited property owners for energy improvements. (d) The SEU shall establish a D-PACE Program in the State to fund qualifying energy improvements to commercial real property, such that the improvements, property, and owner or owners fulfill the requirements enumerated herein, and those established by the SEU as part of the administration of the program. (1) If a benefited property owner requests D-PACE financing from the SEU or a third-party capital provider for qualifying energy improvements under this section, the SEU shall: a. Require performance of an SEU approved energy audit or feasibility analysis of such qualifying energy improvements on the qualifying commercial real property that assesses the expected energy cost savings over the useful life of such improvements unless a qualifying energy improvement is deemed automatically qualified by the SEU; b. Require an evaluation of the property owner’s credit, history, and other financial obligations, before approving such financing; c. If financing is approved, either by the SEU or the third-party capital provider, require the participating county to levy a benefit assessment on the qualifying commercial real property with the property owner in a principal amount sufficient to pay the costs of the improvements and any associated costs covered by the D-PACE Program that will benefit the qualifying commercial real property; d. Impose requirements and criteria to ensure that the proposed improvements are consistent with the purpose of the D-PACE Program; e. Impose requirements and conditions on the financing to ensure timely repayment, including, but not limited to, procedures for placing a lien on a property as security for the repayment of the benefit assessment; f. Require that written consent for a superior lien from all existing properly recorded lien holders be obtained before any improvements are financed or made; and g. Allow the property owner to rescind any D-PACE financing agreement entered into, with either the SEU or a third-party capital provider, not later than 3 business days after such an agreement. (2) SEU shall collect fees to offset costs associated with executing the program, including but not limited to, administrative costs, conducting feasibility studies, and monitoring and verifying project results. (3) The SEU may serve as an aggregating entity for the purpose of securing public, foundation, or private third-party financing for qualifying energy improvements pursuant to this section. (4) The SEU may use the services of 1 or more private, public or quasi-public third-party administrators to administer, provide support, or obtain financing for the D-PACE Program. (5) The benefit assessment: a. May cover up to 100% of project costs, including but not limited to, application fees, audits, equipment, maintenance, labor, and other costs directly related to the project over the project’s life; b. May also cover a portion of the D-PACE Program costs; c. May be neither extinguished nor accelerated in the event of default or bankruptcy; and d. Shall be levied and collected as to assessment payments currently and past due in the same manner as the property assessments of the participating county government on real property. (6) The benefit assessment shall constitute a lien against the qualifying commercial real property on which the qualifying energy improvements are made. This lien shall: a. Be superior to any other liens except the lien for other property taxes and other governmental service assessments of the participating county and other municipalities and share the same senior lien as other property taxes and governmental service assessments to the extent only of the amount of the DPACE assessments, penalties and fees currently due and/or in arrears; b. Remain with the real property upon sale, including sale or transfer by operation of a tax monition sale or mortgage foreclosure, regardless of method; and c. In the event of default or delinquency, be pursued in the same manner as with other property assessments, with respect to any penalties, fees and remedies and lien priorities; provided that notwithstanding any other provision of law including without limitation the provisions regarding the discharge of liens contained in §§ 8761 and 8773 of Title 9, a tax sale or other foreclosure sale brought by the SEU or a third-party capital provider with respect to D-PACE assessments shall not have the effect of extinguishing any subordinate mortgage liens against the qualifying commercial real property. Notwithstanding the foregoing or any other provision of law: 1. The SEU and third-party capital providers shall not have the authority to pursue a foreclosure of benefit assessment liens by the monition method established pursuant to § 8721 et seq. of Title 9 but shall have the authority to pursue a foreclosure of benefit assessment liens by attachment methods pursuant to § 8771 et seq. of Title 9 and § 8741 et seq. of Title 9. 2. The tax collecting authority in a monition sale may collect in such sale, in addition to taxes, D-PACE assessments but to the extent only of the D-PACE assessments, penalties, and fees currently due or in arrears. 3. The provisions above with respect to not extinguishing subordinate mortgage liens shall not apply in the case of a sale by monition method brought by a tax collecting authority, regardless of whether D-PACE assessments are collected at such sale. 4. The SEU and third-party capital providers shall not be required to, nor shall they have the authority to, unless so directed by the applicable tax collecting authority, foreclose liens for property taxes and other governmental service assessments or collect such taxes and assessments in a sale with respect to D-PACE assessments. 5. The SEU and third-party capital providers shall not be required to pay proceeds upon a tax or other sale to collect D-PACE assessments to holders of subordinate mortgage liens. d. Notwithstanding any other provision of law: 1. At the time of a transfer of property ownership including foreclosure, the past due balances of any special assessment under this subchapter shall be due for payment, but future payments shall continue as a lien on the property. 2. In the event of a foreclosure action, the past due balances described in paragraph (d)(6)d.1. of this section immediately above shall include all payments on an assessment under this subchapter that are due and unpaid as of the date the action is filed, and all payments on the assessment that become due after that date and that accrue up to and including the date title to the property is transferred to the mortgage holder, the lien holder, or a third party in the foreclosure action. The person or entity acquiring title to the property in the foreclosure action shall be responsible for payments on the assessment that become due after the date of such acquisition. (7) The liens created by benefit assessments may be assigned as follows: a. Any participating county may assign to the SEU any and all liens filed by the tax collector, as provided in the written D-PACE agreement between participating county and the SEU; b. The SEU may sell or assign, for consideration, any and all liens received from the participating county; c. The assignee or assignees of such liens shall have and possess the same powers and rights at law or in equity as the participating county and its tax collector with regard to the precedence and priority of such lien, the accrual of interest, the fees and expenses of collection, and lien enforcement including, but not limited to, foreclosure and a suit on the debt; and d. Costs and reasonable attorneys’ fees incurred by the assignee as a result of any foreclosure action or other legal proceeding brought pursuant to this section and directly related to the proceeding shall be assessed in any such proceeding against each person having title to any property subject to the proceedings. Such costs and fees may be collected by the assignee at any time after demand for payment has been made by the assignee. (8) The SEU shall allow third-party capital providers to provide loans directly to benefited property owners in lieu of, or in addition to, the SEU providing such loans. (9) Pursuant to the purpose and objectives outlined herein, and with respect to the responsibilities of administering the D-PACE Program, the SEU shall develop program guidelines governing the terms and conditions under which financing may be made available to the D-PACE Program, in consultation with the Department of Natural Resources and Environmental Control, Division of Climate, Coastal and Energy, energy utilities, the banking industry, local governments, and commercial property owners; The program guidelines document shall include: a. Underwriting criteria, which at a minimum must include verification of ownership, an assessment of property debt and value, an ability to pay evaluation, and for all financing arrangements by the SEU and third-party capital providers a savings to investment ratio evaluation; b. A requirement that the life of the improvements is greater than the term of the financing; c. Qualifications for improvements, including but not limited to: minimum project life for cost-effective, permanent application; minimum project value, consistent with ensuring the recapture of applicable administrative costs; maximum project value and project value relative to property value, consistent with local and national renewable and energy efficiency credit/funding programs and ensuring mortgage lender support; and maximum renewable energy project size consistent with local and national credit/funding programs, and with local energy service company (utility) regulations; d. Recommended energy efficiency improvements to qualified commercial property owners seeking financing for clean energy generation systems; e. Criteria for approving energy audits and auditors, selecting engineering reports for feasibility analyses, and determining the appropriate method of analyzing expected energy performance for D-PACE projects; f. Standards for the processes of approval, financing, construction, repayment, including optional repayment at the time of sale of the property and SEU, third-party capital provider, and/or participating county actions of recourse in the event of default; g. Standards for monitoring and verifying the energy and cost savings and other relevant outcomes of D-PACE funded projects, consistent with the project scale and scope, as well as the goals of the D-PACE Program; h. A requirement to educate the property owner about the costs and risks associated with participating in the D-PACE Program established by this section, including but not limited to, the effective interest rate of the benefit assessment, fees charged by the SEU to administer the program, and the risks related to the failure of the property owner to pay the benefit assessment; and i. Greater detail on all program specifications, processes, and party duties as assigned to the SEU in this section, as well as all necessary program guidelines and other specifications consistent with the administration of a statewide D-PACE Program not listed herein. (e) The SEU shall have the authority to: (1) Use principal and interest payments from existing benefit assessments to fund other projects; (2) Use other legally available funds for project financing, including but not limited to, existing revenues, federal, state, local, or philanthropic grants, or private financing, notes, or other obligations; (3) Impose fees to offset costs associated with executing the financing, including but not limited to, administrative costs, attorneys’ fees, conducting feasibility studies, and monitoring and verifying project results; (4) Specify whether these fees are to be collected at certain steps or intervals, or added into the project financing; (5) Set a fixed or variable rate of interest for the repayment of the financing amount at the time the financing is arranged, or allow a third-party capital provider to set the interest rate, provided that party is financing the improvements; (6) Enter into a financing agreement with the owner of qualifying commercial real property, to include billing and receiving payments from the participants (in the same manner property and government service assessments are collected); with approval of the participating county, transfer the rights and authorities of the financing agreement, including but not limited to billing and receiving payments, to a third-party capital provider, such that the party is directly financing the qualified energy improvement. (7) Establish a D-PACE loss reserve. (f) The D-PACE Program shall not be operational and available for commercial property owner participation/financing until a comprehensive program guideline document is adopted by the SEU Board of Directors. Prior to submission to the Board of Directors for adoption, the SEU shall: (1) Organize a public hearing regarding the program guidelines document; (2) Publish a notice to include the time, date, place of the public hearing, and a summary of the nature of the guidelines in at least 2 Delaware newspapers of general circulation, and by electronic posting on the SEU website, a minimum of 20 days prior to such hearing; and (3) Provide the SEU Board of Directors minutes of the public hearing with the submission of the program guidelines.

Del. Code tit. 29, § 8062 State electric vehicle charging infrastructure.

(a) As used in this section: (1) “Agency” means as defined in § 6301 of Title 29. (2) “All-electric vehicle” means an electric vehicle that operates solely from an internal electric battery. (3) “Costs” means the costs associated with electricity used by the agency’s EVSEs, installation of the agency’s EVSEs, and maintenance of the infrastructure and equipment of the agency’s EVSEs. (4) “Electric vehicle supply equipment” or “EVSE” means equipment that connects an electric vehicle to an external source of electricity to recharge the electric vehicle’s internal battery. (5) “Electric Vehicle” or “EV” includes plug-in hybrid vehicles and all-electric vehicles, and means a motor vehicle, as defined in § 101 of Title 21, that satisfies both of the following: a. Uses 1 or more electric motors for propulsion. b. Is powered through an internal battery that is charged using an external electricity source. (6) “Plug-in hybrid vehicle” means an electric vehicle that operates with an internal combustion engine and an electric motor that can be plugged into an external electric power source to charge the internal battery. (b) An agency that has installed EVSE may make the EVSE available for use, at the agency’s discretion, by the public or employees, or both. (c) If an agency provides access to its EVSE for charging to an electric vehicle not owned by the State, it may charge a fee for the use of its EVSE that does not exceed the agency’s costs. The agency shall use the fees collected for the payment of the electricity used by the EVSE and for the maintenance of the EVSE infrastructure and equipment. (d) Agency EVSE must be located on state-owned or state-leased real property used for state offices, service centers, maintenance facilities, correctional facilities, visitor centers, research centers, health-care facilities, recreational facilities, or other state-owned or state-leased real property where state employees work or receive visitors conducting business with state agencies.

Del. Code tit. 29, § 8063 Electric School Bus Program.

(a) To improve the health and safety of Delaware children and safeguard the environment, it is the goal of Delaware that 30% of school buses purchased by the State shall be electric vehicles in FY 2030. To this end, the Department of Education’s annual bus purchases must include at least the following percentage of electric-powered school buses in the corresponding year: Fy 2025 5% Fy 2026 10% Fy 2027 15% Fy 2028 20% Fy 2029 25% Fy 2030 30% (b) The Department of Education shall submit an implementation report regarding the goals set forth in subsection (a) of this section annually on January 31, from 2025 through 2029. (c) By January 31, 2030, the Department of Education shall submit a report detailing recommendations for future changes in the percentage targets for electric school bus purchases, and other recommendations for reduction of the carbon and environmental impact of the State’s school transportation fleet. (d) The reports in subsections (b) and (c) of this section shall be delivered to the Chief Clerk of the House of Representatives, the Secretary of the Senate, the Director and the Librarian of the Division of Legislative Services, and the Public Archives. (e) Implementation of this section is contingent upon the appropriation of sufficient funding.

Del. Code tit. 29, § 8064 Electric vehicle rebate programs [For contingent repeal of this section, see 84 Del. Laws, c. 144, § 3].

(a) As used in this section: (1) “All-electric vehicle” means as defined in § 8062 of this title. (2) “Department” means the Delaware Department of Natural Resources and Environmental Control. (3) “Electric vehicle” means as defined in § 8062 of this title. (4) “Plug-in hybrid vehicle” means as defined in § 8062 of this title. (b) The Department shall administer a rebate program to incentivize the purchase or lease of new and used electric vehicles by Delaware residents and other eligible entities, as determined by the Department. Qualifying electric vehicles are eligible for a rebate in an amount determined by the Department based on availability of funds and market conditions, including differentiated rebate amounts based on household income, vehicle type, vehicle cost, or other factors necessary to improve access to electric vehicles in Delaware. (c) The following may be eligible to participate in the rebate programs, subject to availability of funds and program criteria established by the Department: (1) Delaware residents. (2) Active-duty military members stationed in Delaware. (3) Businesses, nonprofit organizations, educational institutions, and local or state government entities operating within this State. (d) No more than 2 electric vehicle rebates may be permitted per Delaware resident over the life of the program. (e) The Department shall establish standards and procedures for administration of electric vehicle incentive programs. Such standards may include criteria for establishing qualifying electric vehicles including price caps, mileage range, battery size, and other relevant factors. (f) [Repealed.] (g) Applications for the rebate and incentive programs must be made using forms and procedures developed by the Department. (h) The Department may utilize third-party providers to administer rebate and incentive programs. (i) The Department may utilize funds allocated to the Department under § 6046 of Title 7 for the programs established in subsection (b) of this section. Funds shall be issued on a first-come, first-serve basis as funds are available.

Del. Code tit. 29, § 8065 Residential electric vehicle supply equipment program.

(a) As used in this section: (1) “Director” means the executive director of the Sustainable Energy Utility. (2) “Electric vehicle” means as defined in § 8062 of this title. (3) “Electric vehicle supply equipment” or “EVSE” means as defined in § 8062 of this title. (4) “Federal poverty level” means a measure of income issued every year by the United States Department of Health and Human Services that determines eligibility for certain government programs and benefits. (5) “Low-income applicants” mean applicants whose incomes are no more than 300% of the federal poverty level. (6) “SEU” means the Sustainable Energy Utility created under § 8059 of this title. (b) The Director shall administer a program that provides financial assistance for the purchase and installation of EVSE. The EVSE must be for an applicant’s private use at or near the applicant’s place of residence. (c) Applicants for the program must be Delaware state residents and must submit an application through the SEU. Only 1 EVSE may be purchased per household under this program. The program shall be administered on a first-come, first-served basis as funds are available. (d) A low-income applicant may receive assistance under this program for up to 90% of the cost of purchase and installation of EVSE. All other applicants may receive assistance under this program for up to 50% of the cost of purchase and installation of EVSE. (e) The Director shall use funds allocated to the SEU under § 6046 of Title 7 to develop and administer this program. (f) Eligible costs that may be covered by the program include those costs directly attributable to the site design, charger, equipment, installation, labor, permitting, site preparation, upgrade for utility connections, signage, and equipment necessary to implement and operate the EVSE. Site maintenance costs, repair costs, and electricity to stock the electric vehicle charger are not eligible costs.

Del. Code tit. 29, § 8066 Large energy use facilities.

(a) (1) A large energy use facility may not operate in this State unless the facility produces sufficient power or procures sufficient generation to meet 100% of the large energy use facility’s annual energy needs from a facility or facilities interconnected in this State or within PJM Interconnection, L.L.C's (PJM) Delmarva Power and Light (DPL) transmission zone or within a transmission zone contiguous by land to the DPL transmission zone and with sufficient existing transmission infrastructure to deliver this additional electricity to Delaware, subject to subsection (b) of this section. (2) Procured generation must be from a facility or facilities interconnected in this State or within PJM’s DPL transmission zone or within a transmission zone contiguous by land to the DPL transmission zone, with sufficient existing transmission infrastructure to deliver this additional electricity to Delaware, and which has not been already committed in a prior PJM capacity auction. This may include newly constructed generation at an existing facility, uprates, or repowering of deactivated or retired generating units as of June 12, 2026; provided that capacity that previously participated in the PJM base residual auction shall qualify only to the extent attributable to such uprate or repowering. (3) All power generated must meet the renewable energy portfolio standards established under § 354 of Title 26 at the established minimum cumulative percentage at the facility’s anticipated end of operation, determined at the facility’s proposed date of interconnection, and produced by clean energy technology. A facility may use a combination of 1 or more of the following forms of acceptable clean energy technology to meet the percentage thresholds established therein: a. Generation eligible for compliance with the renewable energy portfolio standards or any successor clean energy standards and interconnecting in Delaware. b. Nuclear power. c. Energy storage interconnecting in Delaware and used for the primary purpose of storing energy generated from resources outlined in this subsection and subsection (b) of this section. (4) Compliance with this subsection may be achieved through any combination of procurement of renewable or clean energy resources, onsite or directly interconnected generation, power purchase agreements, or other mechanism approved by the electric utility’s regulatory body. (5) A single-cycle or open-cycle power generation facility is not an acceptable energy generation technology for purposes of this subsection. (b) A large energy use facility that does not meet the requirement of paragraph (a)(1) of this section of producing or procuring sufficient generation to fully meet the large energy use facility’s demand must submit for approval by the electric utility’s regulatory body a plan to increase production or procurement of generation so that the large energy use facility is producing or procuring 100% of its annual energy needs within 10 years of commencing operations. The plan must be consistent with paragraphs (a)(2) through (a)(5) of this section. Large energy use facilities choosing this option are curtailable for price cost impact thresholds determined by the electric utility’s regulatory body and reliability events determined by PJM or the electric distribution company and must participate in PJM demand response programs. Large energy use facilities utilizing this option that continue to operate during curtailment periods must use back-up generation systems including at least 50% power met by battery storage or clean energy technology. (c) New energy production generation must be sought out and funded by the large energy use facility or in part by the large energy use facility. (d) A large energy use facility may not connect to the electric distribution and transmission system until all of the following criteria are met: (1) At least 25% of its required energy generation consistent with subsection (a) of this section is energized and interconnected. (2) At least 25% of back-up power comes from clean energy technology and is energized and interconnected. (3) The large energy facility has entered a 15-year binding contract with the electric utility’s regulatory body that contains, at a minimum, a guaranteed insurance bond that pays into the General Fund if the large energy use facility fails to meet its obligation to produce or procure the required amount of clean energy in this State in any year; attempts to terminate the contract; files for bankruptcy, insolvency, restructuring, or any similar undertaking; or violates any provision of this section. This is in addition to any other enforcement authority of the electric utility’s regulatory body. (e) A large energy use facility that fails to produce sufficient renewable energy in the state to support its obligations in a calendar year, or the planned amount of energy if subject to an agreement under subsection (b) of this section, must pay a penalty in an amount determined by the electric utility’s regulatory body, which at a minimum must be sufficient to cover the costs of producing or procuring the energy or building or procuring the infrastructure that the facility failed to produce or procure. (f) Any costs incurred by the electric utility’s regulatory body to make determinations or manage the requirements of this section with respect to a large energy use facility may also be recovered from the large energy use facility. (g) The regulatory body of an electric utility is authorized to promulgate regulations to fully define the requirements necessary for the implementation of this section.

Del. Code tit. 29, § 8071 Purpose.

The Delaware Native Species Commission is created to do all of the following: (1) Reverse the trend of decline and extinction of our local plant and animal native species. (2) Diligently pursue and perform those things necessary and proper in order that the recommendations in the final report of the Statewide Ecological Extinction Task Force be fully implemented. (3) Provide state and local lawmakers, policymakers, educators, and other stakeholders with expertise and assistance in projects meeting the goals and purposes of this subchapter. (4) Report back to the General Assembly on a yearly basis regarding the implementation of the task force recommendations.

Del. Code tit. 29, § 8072 Definition.

For purposes of this subchapter: (1) “Appointed member” means an individual appointed by the Governor under § 8073(a)(2) of this title. (2) “Commission” means the Delaware Native Species Commission. (3) “DNREC” means the Department of Natural Resources and Environmental Control. (4) “Task force recommendations” means the recommendations in the final report of the Statewide Ecological Extinction Task Force established by Senate Concurrent Resolution No. 20 of the 149th General Assembly.

Del. Code tit. 29, § 8073 Commission membership; qualifications; term of office.

(a) The Commission is composed of 19 members, as follows: (1) Six members serving by virtue of position, or a designee appointed by the member, as follows: a. The Secretary of the DNREC. b. The Secretary of the Department of Agriculture. c. The County Executive of New Castle County. d. The County Administrator for Kent County. e. The County Administrator for Sussex County. f. The Secretary of the Department of Transportation. (2) Thirteen members, appointed by the Governor, as follows: a. Six individuals who represent environmental organizations or Delaware institutions of higher education, with expertise regarding Delaware plant or animal species. b. Six individuals who represent stakeholder commercial interests in Delaware, such as land development, farming, and business, with no more than 2 members representing the same commercial interest. c. One member who is a current or retired botanist or similar professional with expertise in Delaware plant species. (b) An appointed member serves for a term of up to 3 years and is eligible for reappointment. The Governor shall appoint members for staggered terms so that no more than 5 members’ terms expire in any 1 calendar year. (c) If an appointed member fails to attend 3 successive meetings of the Commission without just cause, that member’s position may be deemed vacant and the Governor may appoint a replacement. (d) Members of the Commission serve without compensation, except that the Commission may reimburse members for reasonable and necessary mileage and tolls incident to duties as members of the Commission.

Del. Code tit. 29, § 8074 Authority; staffing.

(a) The Commission shall be placed within DNREC and shall have such powers, duties, and functions as described in this subchapter and such other duties and functions as may be referred to it by the Governor, the Secretary of DNREC, or the General Assembly. (b) The Secretary of DNREC shall provide staff support to the Commission.

Del. Code tit. 29, § 8075 Chair and Vice Chair; selection and duties.

(a) The Commission shall elect a Chair and Vice Chair at its first meeting and the Chair and Vice Chair shall serve until a replacement is elected. If the Chair becomes vacant, the Vice Chair shall fulfill the duties of the Chair contained in subsection (b) of this section until a replacement is elected at its next meeting. (b) The Chair of the Commission shall do all of the following: (1) Set a date, time, and place for the meetings of the Commission. (2) Supervise the preparation and distribution of meeting notices, agendas, minutes, and other documents prepared by or on behalf of the Commission.

Del. Code tit. 29, § 8076 Quorum and conduct of business.

(a) A majority of the membership of the Commission constitutes a quorum to conduct official business. Official action by the Commission, including making findings and recommendations, requires the approval of a majority of the members of the Commission present at a meeting with quorum. (b) The Commission may adopt rules necessary for its operation. (c) The Commission may undertake the following functions to implement the Task Force recommendations and to further the goals and purposes of the Commission: (1) Establish subcommittees. (2) Engage with other organizations to exchange ideas and information and to provide those other organizations with the opportunity to engage with the Commission. (3) Study, research, plan, and make advisory recommendations to the Governor, the Secretary of State, the Secretary of DNREC, the Department of Agriculture, or the General Assembly. (d) In carrying out the Commission’s duties under this subchapter, the Commission shall consider any related plans and programs developed by other organizations with expertise in native species conservation or protection, or in the eradication of invasive species, and may designate representatives to serve on special committees, organizations, or other entities to plan, develop, and coordinate specific activities.

Del. Code tit. 29, § 8077 Annual report.

On or before December 31, 2018, and on or before every December 31 thereafter, the Commission shall submit to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives for distribution to the members of the General Assembly, an annual report of the Commission’s activities for the previous year and goals for the upcoming year. The report may also include proposals for legislation, administrative action, or other policy changes the Commission considers necessary to carry out its implementation of the task force recommendations or further the goals and purposes of this subchapter.

Del. Code tit. 29, § 8081 Legislative findings.

(a) The General Assembly finds all of the following: (1) The waters of this State are among Delaware’s most basic and valuable resources and should be conserved and protected in a manner to realize their full benefits. (2) Delaware’s continued economic vitality is dependent upon: maintaining and improving the State’s water and wastewater systems; and protecting and enhancing the State’s water resources and natural infrastructure as the foundation for a healthy population and environment to sustain a high quality of life for residents, healthy habitats, as well as an attraction for tourism, employers and workers. (3) Many Delaware homes, farms, agricultural lands, and businesses are at risk from flooding and drainage hazards, which have environmental, public safety, health, and economic impacts, and some Delawareans lack access to potable drinking water or basic wastewater disposal in their homes. (4) Delaware’s list of impaired waters includes 377 bodies of water that suffer from excess nutrients, low dissolved oxygen, toxins and bacteria that negatively impact human and aquatic life. (5) It is important that priorities for clean water projects in this State be given to projects that utilize green infrastructure and enhancement of natural systems to provide ecological benefits that include all of the following: a. Improvement of water quality. b. Demonstration of a high ratio of nutrient or pollution reduction to the amount of funding. c. Improvement of community resilience to extreme weather, sea level rise, and other climate impacts. (6) Existing federal and state funding resources alone are inadequate to meeting the State’s current and future demand for clean water projects. (7) It is fitting and proper for the State to encourage local governments, private entities and farmers to undertake clean water projects that effectively and efficiently reduce pollution in the waters of the State by establishing mechanisms to assist planning and financing of such projects at the lowest reasonable costs. (b) Based on its findings in subsection (a) of this section, the General Assembly determines that it is in the public interest to designate a Delaware Clean Water Trust account to ensure the greatest environmental return on investment through the management and coordination of financial resources available to the State for drinking water, wastewater, drainage, stormwater, and other eligible clean water projects to be funded from the following sources: (1) Appropriations, including supplemental funds in the bond bill, intended to satisfy all of the following purposes: a. Section 7903(14) of this title related to the Delaware Safe Drinking Water Revolving Fund. b. Section 8003(12) of this title related to the Delaware Water Pollution Control Revolving Fund. c. Section 3923 of Title 7 related to resource conservation and development projects undertaken by the County Conservation Districts in Kent, New Castle and Sussex Counties. (2) Moneys received as repayments of principal and interest on loans, interest received on invested funds, and other funding made available for the programs and purposes in paragraph (b)(1) of this section.

Del. Code tit. 29, § 8082 Clean Water Trust oversight.

(a) To ensure coordination of the management of resources available for Clean Water Trust projects and other programs that impact the quality of the State’s water resources, the Clean Water Trust Oversight Committee (“Committee”) is established and shall serve in an advisory capacity to the Governor and the General Assembly. (b) The Committee shall be comprised of 7 members to include all of the following: (1) The Secretary of the Department of Natural Resources who shall serve as its Chair. (2) The Secretary of the Department of Health and Social Services. (3) The Secretary of the Department of Finance. (4) The Secretary of the Department of Agriculture. (5) The Secretary of the Department of Transportation. (6) The Chair and Co-Chair of the Joint Capital Improvement Committee of the Delaware General Assembly. (c) Members who serve by virtue of their position may designate a designee to serve on the Committee. (d) The Committee shall be responsible for oversight of the Clean Water Trust account and shall produce and publish an annual report and strategic plan for clean water that shall include all of the following: (1) An annual report, titled “The Mulrooney Report,” accounting for the sources, benefits, and uses of the Clean Water Trust account and other water quality programs funded with state or federal resources including wastewater, stormwater and drinking water infrastructure and programs for drainage, beach preservation, waterway management, cover crop, the conservation reserve enhancement program, tax ditches and conservation cost-sharing that shall include a list of all funded projects. (2) An annually updated strategic plan that shall include all of the following: a. Multi-year water quality goals and progress toward meeting those goals. b. Challenges facing the achievement of such water quality goals. c. A prioritized list of proposed projects to attain such goals, including increased accessibility to low-income and traditionally underserved communities. d. Drinking water testing priorities of the State. e. Recommendations on minimum funding levels for wastewater and drinking water projects benefitting low-income and traditionally underserved communities through low interest loans and affordability grants. f. Recommendations on strategies that support low-income consumer affordability. g. An annual work plan report on the implementation of the strategic plan for the previous fiscal year addressing success indicators, deliverables and milestones. (e) Prior to the publication of the initial annual report and strategic plan, the Committee shall hold at least 3 publicly noticed meetings in Dover to seek input and allow public comment. Thereafter, the Committee shall hold at least 1 publicly noticed meeting prior to publication of the annual report and annually updated strategic plan. All meetings under this subsection shall comply with § 10004 of this title. (f) The Committee must submit the annual report and the updated strategic plan identified in subsection (d) of this section to the General Assembly, the Governor, and the Director and the Librarian of the Division of Legislative Services no later than February 1 of each year. (g) The Water Infrastructure Advisory Council and the conservation districts shall provide outside, technical assistance and advice to the Committee.

Del. Code tit. 29, § 8090 Short title.

This subchapter shall be known and may be cited as the “Drinking Water Protection Act.”

Del. Code tit. 29, § 8091 Purpose.

This subchapter directs the Division of Public Health, in collaboration with the Department of Natural Resources and Environmental Control to establish state-level maximum contaminant levels (“MCL”) for certain contaminants found in public drinking water systems in this State.

Del. Code tit. 29, § 8092 Definitions.

As used in this subchapter: (1) “Department” means the Department of Natural Resources and Environmental Control. (2) “Division” means the Division of Public Health. (3) “Maximum contaminant level” means the legal threshold limit on the amount of a substance that is allowed in public water systems. (4) “PFAS” means non-polymeric perfluoroalkyl and polyfluoroalkyl substances that are a group of man-made chemicals that contain at least 2 fully fluorinated carbon atoms, excluding gases and volatile liquids. “PFAS” includes PFOA and PFOS. (5) “PFOA” means perfluorooctanoic acid and its salts. (6) “PFOS” means perfluorooctanesulfonic acid or perfluorooctane sulfonate and its salts.

Del. Code tit. 29, § 8093 Maximum contaminant level.

(a) The Division shall work in collaboration with the Department to establish a maximum contaminant level for PFOA and PFOS in public drinking water systems in accordance with evidence-based standards and assessments conducted by the United States Environmental Protective Agency. (b) By December 20, 2021, the Department and Division shall initiate the regulatory development process. (c) By July 21, 2022, the Division shall conduct public hearings on proposed regulations. (d) The Division in collaboration with the Department shall review all of the following to develop and revise on a periodic basis the maximum contaminant level established pursuant to this section: (1) Assessments conducted by the United States Environmental Protection Agency. (2) Information published in peer-reviewed journals. (3) Delaware statewide survey data.

Del. Code tit. 29, § 8094 Statewide survey.

(a) The Department in collaboration with the Division shall conduct a statewide survey on PFAS in drinking water using standard laboratory methods for PFAS developed by the United States Environmental Protection Agency and supplemental methods that the Department or Division determine meet project specific data quality objectives. (b) On or before January 1, 2022, the Department shall provide all of the following to the Governor and the General Assembly: (1) The results of the statewide survey mandated by this section. (2) A specific plan for addressing any PFAS contamination identified in the statewide survey mandated by this section.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title29/c080/sc01/index.htmlFetched: 10/4/2026

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