HB 200 — AN ACT TO AMEND THE DELAWARE CODE RELATING TO CLEAN WATER FOR DELAWARE.

FURTHER(2) AMENDMoneys Housereceived Billas Norepayments 200of byprincipal deletingand lineinterest 82on inloans, itsinterest entiretyreceived on invested funds, and insertingother infunding lieumade thereofavailable for the following:programs and purposes in paragraph (1) of this subsection.

“utilities,§ the8082. president of 1 of the conservation districts, and a member of the Farm Bureau, all of whom shall serve as non-voting members of the Council, and at the pleasure of the Governor.

TheClean non-votingWater membersTrust mayOversight provide(a) annualTo recommendationsensure tocoordination of the Councilmanagement relatingof toresources stormwater,available drainage,for floodClean protection,Water resourceTrust projects and conservationother developmentprograms projects,that agriculturalimpact andthe conservationquality costof share,the coverState’s crops,water conservationresources, reservethe enhancement,Clean Water Trust Oversight Committee (“Committee”) is established and taxshall ditches.”serve FURTHERin AMENDan Houseadvisory Billcapacity No.to the Governor and the General Assembly.

200(b) byThe insertingCommittee aftershall linebe 93comprised of 7 members to include all of the following:

(f)(1) The CouncilSecretary shallof adopt all motions and approve the 6-yearDepartment water supply and wastewater infrastructure plan, the assessment, and recommendations for loans or grants only by a majority vote of theNatural entireResources votingwho membershipshall ofserve theas Council.its Chair.

All(2) votingThe shallSecretary beof donethe inDepartment personof Health and atSocial regularServices. or special meetings of the Council.

(3) The CouncilSecretary shall conduct a public meeting in each county prior to annual adoption of the 6-yearDepartment waterof supplyFinance. and wastewater infrastructure plan.

(4) The CouncilSecretary is subject to the applicable provisions of the AdministrativeDepartment Procedures Act [Chapter 101 of thisAgriculture. title].

SYNOPSIS(5) ThisThe amendmentSecretary namesof the annualDepartment reportof thatTransportation. the Clean Water Trust Oversight Committee must produce “The Mulrooney Report” after former Representative Michael Mulrooney.

This(6) amendmentThe addsChair thatand theCo-Chair Strategicof Planthe includeJoint aCapital prioritizedImprovement listCommittee of proposedthe projectsDelaware includingGeneral thoseAssembly. projects with increased accessibility to lower-income and traditionally underserved communities.

The(c) amendmentMembers increaseswho theserve number of members to The Water Infrastructure Advisory Council by addingvirtue a member representing the water utilities, the president of 1their ofposition themay conservationdesignate districts, and a memberdesignee ofto the Farm Bureau, who shall serve ason non-voting members, and at the pleasureCommittee. of the Governor.

(d) The AmendmentCommittee providesshall thatbe theseresponsible nonvotingfor membersoversight mayof provide recommendations to the CouncilClean relatingWater toTrust stormwater,account drainage,and floodshall protection,produce resource and conservationpublish developmentan projects,Annual agriculturalReport and conservationStrategic costPlan share,for coverClean crops,Water conservationthat reserveshall enhancement,include andall taxof ditches.the following:

This amendment also makes clear that only the voting members of the Water Infrastructure Advisory Council can vote on motions, approve the 6-year water supply and wastewater infrastructure plan, the assessment, and recommendations for loans or grants.

Finally, this amendment provides for at least 3 public meetings prior to publication of the initial Annual Report and Strategic Plan, and thereafter, at least 1 public meeting prior to publication of the Annual Report and annually updated Strategic Plan.

All such meetings must comply with § 10004 of Title 29.

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04/01/202112/04/2020 11:5309:25 AM 2141510212(1) An annual report accounting for the sources and uses of the Clean Water Trust account and other water quality programs funded with State and/or federal resources including but not limited to 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.

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) The Committee shall hold at least 1 publicly noticed meeting to allow public comment on the Annual Report and Strategic Plan.

(f) The Water Infrastructure Advisory Council and the Conservation Districts shall provide outside, technical assistance and advice to the Committee.

Section 2.

Amend § 8011, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

(c) The Water Infrastructure Advisory Council (the “Council”) shall serve in an advisory capacity to the Secretaries of the Departments of Natural Resources and Environmental Control (“DNREC”), Agriculture (“DDA”), Health and Social Services (“DHSS”), Transportation (“DelDOT”, and Finance (“DOF”) and collectively the (“Secretaries”).

The Council shall be composed of 13 14 members appointed by the Governor with the advice and consent of the Senate.

The Governor shall appoint a chairperson.

Members of the Council shall serve for up to 3 years excluding the Chairperson who shall serve at the pleasure of the Governor.

Members shall be appointed for staggered terms so that no more than 4 members’ terms expire in any calendar year.

There shall be 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.

Members of the Council shall represent interest and possess expertise in the areas of wastewater, HD :

NSW :

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Members may include, but not be limited to representatives from local government, non-profit environmental organizations, public health, agriculture and financial management.

No more than 7 members shall be affiliated with any 1 major political party.

The Governor shall appoint a member representing the water utilities who shall serve as a non-voting member of the Council, and at the pleasure of the Governor.

Section 3.

Amend § 8011(e), Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

(e) The Council’s duties and responsibilities shall include the following:

(1) To evaluate, establish, recommend, and adopt a long-term plan for the public funding of drinking water supply and wastewater facility infrastructure projects that shall cover a period of not less than 6 years.

The plan shall be updated and prioritized on an annual basis and incorporated in DNREC’s and DHSS’s annual capital budget requests to the Governor.

A copy of the adopted plan shall be submitted to members of the General Assembly on or before November 15 of each year beginning in calendar year 1995;.

Additionally, the Council shall submit to the Clean Water Trust Fund Oversight Committee annual advisory recommendations related to wastewater, stormwater and drinking water infrastructure addressing those elements required for inclusion in the Strategic Plan for Clean Water as required in §8082(a) of this title on or before September 15 of each year.

SYNOPSIS Many 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.

The Clean Water for Delaware Act establishes a framework for assessing needs and planning and implementing projects that support Delaware’s efforts to improve the quality of the State’s water supply and waterways.

A Delaware Clean Water Trust account is created as a funding source for executing projects highlighted by this framework.

The Trust account will have oversight from the Clean Water Trust Oversight Committee (the “Committee”).

The Committee will draw upon recommendations from the Water Infrastructure Advisory Council, (WIAC), the county Conservation Districts’, experts in the effected Cabinet agencies and other public input with the goal of assisting municipal and county governments and others in implementing affordable water quality projects.

The Committee is required to develop and publish an Annual Report and multi-year Strategic Plan for Clean Water with annual updates.

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