Delaware 149th General Assembly (2017-2018) Status: In Committee 5 D cosponsors

HB 270 — AN ACT TO AMEND THE DELAWARE CODE RELATING TO CLEAN WATER FOR DELAWARE.

Last action — Tabled in Committee

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

This Act establishes a framework for assessing needs, planning and implementing projects, and providing a funding source to enhance and accelerate Delaware’s efforts in cleaning up its contaminated water resources, ensuring that all our citizens have safe drinking water, reducing flooding, and protecting jobs in agriculture and tourism. Most of the State’s waters do not meet water quality standards to support their designated uses, such as for drinking, swimming or supporting aquatic life. This Act increases the level and reliability of funding available to restore Delaware’s streams, rivers, bays, and groundwater through construction of much needed wastewater, drinking water, and drainage projects and increased use of agricultural best practices. Over the next 5 years, more than $500 million in water and wastewater system upgrades are needed statewide, including systems for underserved communities and numerous at-risk systems currently operated by homeowner’s associations in Sussex County. More than $150 million in stormwater upgrades are needed throughout the State along with more than $75 million for removing toxic pollutants from various waterways. In addition, demand for agriculture cost-share funds used to reduce pollution from nutrients far surpasses available resources. This Act creates a Clean Water Trust, supported by dedicating several existing revenue sources and a proposed new dedicated Clean Water Surcharge that will be levied on personal income tax payments and business license fees. The surcharge will be capped at $40 for individual tax filers, $80 for individuals filing a joint return, and $45 for business licenses. The Clean Water Surcharge will be used for capital projects, not to grow government; the allowance for administrative expenses is capped at 10% after the first 2 years and companion legislation creating a constitutionally protected “lock box” is being introduced to provide permanent protection against the fee being diverted for operating expenses. Total revenues from the surcharge are estimated to be approximately $20 million annually. The dedicated Clean Water Surcharge could leverage as much as $50 million in total financing annually for clean water investments and support more than 800 direct and indirect jobs per year. The Trust will be managed by a 5-member Board comprised of the Secretary of the Department of Natural Resources and Environmental Control, the Secretary of Finance, the Secretary of Agriculture, the Secretary of Health and Social Services, and an appointed member with financial expertise. The Trust is authorized to issue Clean Water Revenue Bonds for projects approved by the General Assembly and will administer the funds through the already existing Water Infrastructure Advisory Council with the goal of assisting municipal and county governments and others in implementing more affordable water quality projects through low-interest loans, grants, and public-private partnerships. The Trust and the Council are required to develop a Clean Water Plan with an annually updated 5-year Strategic Plan. The Trust is required to undergo an audit each year and to report annually to the General Assembly on its activities and its progress toward meeting the goals of the Clean Water Plan.

Bill Text

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes the Delaware Clean Water Trust to manage funding for clean water projects, enhancing the state's ability to finance activities that improve water quality and mitigate flooding.

  • Chapter 80, Title 29

    Subchapter III. Clean Water for Delaware Act.

    This creates a new subchapter specifically addressing the Clean Water for Delaware Act.

  • § 8071

    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. ... (12) 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 state mechanisms to finance such projects at the lowest reasonable costs.

    The bill outlines legislative findings that emphasize the importance of clean water and the need for state support in funding clean water projects.

  • § 8071(b)

    the General Assembly determines that it is in the public interest to establish the Delaware Clean Water Trust to maximize and coordinate the reduction of flood risks and the removal of impairments to designated water uses through the management of financial resources available to the State.

    This establishes the Delaware Clean Water Trust to better manage resources aimed at improving water quality and reducing flood risks.

  • § 8075

    A Clean Water Surcharge Account established under § 8075 of this title.

    This creates a dedicated Clean Water Surcharge Account to fund clean water initiatives.

  • § 8071(b)(39)

    and other eligible projects to be funded from the following sources: ... (5) Moneys received from other sources for the purposes directed by this subchapter.

    The bill lists various funding sources for the Clean Water Trust, broadening the financial support available for clean water projects.

  • § 8072(2)

    “Authorization Act” means an act of the General Assembly, concurred in by three-fourths of all the members elected to each House of the General Assembly, appropriating funds from the proceeds of bonds authorized to be issued by such act.

    This clarifies the definition of an Authorization Act, which is crucial for the financing of projects under the Clean Water Act.

Action History

  1. Tabled in Committee

  2. Introduced and Assigned to Natural Resources Committee in House

Sponsors

Sponsorship breakdown

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3 sponsors · 8 co-sponsors · 51 not signed on

Sponsors (3)

Co-sponsors (8)

Not signed on (51)

51 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

taxation environment agriculture
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Frequently asked questions

What does HB 270 do?
This Act establishes a framework for assessing needs, planning and implementing projects, and providing a funding source to enhance and accelerate Delaware’s efforts in cleaning up its contaminated water resources, ensuring that all our citizens have safe drinking water, reducing flooding, and protecting jobs in agriculture and tourism. Most of the State’s waters do not meet water quality standards to support their designated uses, such as for drinking, swimming or supporting aquatic life. This Act increases the level and reliability of funding available to restore Delaware’s streams, rivers, bays, and groundwater through construction of much needed wastewater, drinking water, and drainage projects and increased use of agricultural best practices. Over the next 5 years, more than $500 million in water and wastewater system upgrades are needed statewide, including systems for underserved communities and numerous at-risk systems currently operated by homeowner’s associations in Sussex County. More than $150 million in stormwater upgrades are needed throughout the State along with more than $75 million for removing toxic pollutants from various waterways. In addition, demand for agriculture cost-share funds used to reduce pollution from nutrients far surpasses available resources. This Act creates a Clean Water Trust, supported by dedicating several existing revenue sources and a proposed new dedicated Clean Water Surcharge that will be levied on personal income tax payments and business license fees. The surcharge will be capped at $40 for individual tax filers, $80 for individuals filing a joint return, and $45 for business licenses. The Clean Water Surcharge will be used for capital projects, not to grow government; the allowance for administrative expenses is capped at 10% after the first 2 years and companion legislation creating a constitutionally protected “lock box” is being introduced to provide permanent protection against the fee being diverted for operating expenses. Total revenues from the surcharge are estimated to be approximately $20 million annually. The dedicated Clean Water Surcharge could leverage as much as $50 million in total financing annually for clean water investments and support more than 800 direct and indirect jobs per year. The Trust will be managed by a 5-member Board comprised of the Secretary of the Department of Natural Resources and Environmental Control, the Secretary of Finance, the Secretary of Agriculture, the Secretary of Health and Social Services, and an appointed member with financial expertise. The Trust is authorized to issue Clean Water Revenue Bonds for projects approved by the General Assembly and will administer the funds through the already existing Water Infrastructure Advisory Council with the goal of assisting municipal and county governments and others in implementing more affordable water quality projects through low-interest loans, grants, and public-private partnerships. The Trust and the Council are required to develop a Clean Water Plan with an annually updated 5-year Strategic Plan. The Trust is required to undergo an audit each year and to report annually to the General Assembly on its activities and its progress toward meeting the goals of the Clean Water Plan.
Who sponsors HB 270?
HB 270 is sponsored by Bryan Townsend (Democratic), Stephanie L. Hansen (Democratic), David P. Sokola (Democratic), Sean M. Lynn (Democratic), Edward S. Osienski (Democratic), Peter C. Schwartzkopf, Valerie Longhurst, Deborah Hudson, Gerald L. Brady, Paul S. Baumbach, and Michael Mulrooney.
What is the current status of HB 270?
This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 270?
Track HB 270 free on One Click Politics — get push/email alerts when it moves.

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