CHAPTER 225

FORMERLY

SENATE BILL NO. 397

AS AMENDED BY SENATE AMENDMENT NOS. 1 & 2

AN ACT TO AMEND CHAPTER 31, PART II, TITLE 20, OF THE DELAWARE CODE, BY ADDING THERETO A NEW SECTION PROVIDING THE GOVERNOR CERTAIN AUTHORITY AND EMERGENCY POWERS TO IMPLEMENT NECESSARY PROGRAMS TO MITIGATE THE ENERGY CRISIS IN THE STATE, PROVIDING FOR REVIEW OF ORDERS AND REGULATIONS ISSUED BY THE GOVERNOR BY A COMMITTEE OF THE GENERAL ASSEMBLY, AND RELATING TO THE GOVERNOR'S POWER TO IMPLEMENT FEDERAL ENERGY PROGRAMS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Chapter 31, Part II, Title 20, Delaware Code, by adding thereto a new Section 3130 to read as follows:

§ 3130. Emergency powers of Governor during energy crisis

(A) "State of Emergency" means an emergency, proclaimed as such by the Governor pursuant to Section 3125 of this title.

(B) As used in Section 3125 of this title, "Disaster" or "Emergency" also refers to a situation where the health, safety, or welfare of the citizens of this state are threatened by reason of an actual or impending acute shortage in useable energy resources.

(C) Upon reasonable determination by the Governor that such a disaster or emergency exists the Governor may proclaim a state of emergency and in connection therewith issue orders, rules, and regulations which may by way of example rather than limitation, contain provisions:

(1) for the establishment and implementation of programs, controls, standards, priorities and quotas for the allocation, conservation and consumption of available energy reserves;

(2) for the suspension and modification of existing standards and requirements affecting or affected by the use of energy resources, including those relating to air quality controls which are within the authority of the state to suspend or to modify;

(3) affecting the type and composition of various energy resources;

(4) affecting the production and distribution of energy reserves;

(5) affecting the hours and days which public buildings and commercial and industrial establishments may be or are required to remain open or closed; and

(6) for the establishment and implementation of regional programs and agreements for the purposes of coordinating the energy resource programs and actions of the state with those of the Federal Government and of other states and localities.

(D) Nothing in this section shall:

(1) authorize the creation of any new permanent personnel positions;

(2) be construed to authorize the establishment of:

(a) oil refineries,

(b) deep water ports,

(c) off-shore drilling facilities, or

(d) other similar major capital facilities.

(E) Orders, rules, and regulations promulgated by the Governor pursuant to the powers granted herein shall first be presented to a bipartisan Joint Legislative Committee for approval or veto whichever shall prevail. The Committee shall consist of eight members, four from the Senate appointed by the President Pro Tem, two from each political party; and four from the House of Representatives appointed by the Speaker of the House, two from each political party. In the event the Committee fails to take action within five days of the submission to it of orders, rules, and regulations, the orders, rules and regulations shall become effective as promulgated by the Governor.

(F) In the event of an emergency in which it is not feasible to secure the approval of the Committee, an order, rule, or regulation shall become effective immediately, and shall be immediately communicated to the Chairman of the Committee and be subject to reversal or modification by the full Committee when convened. All records of orders, rules, and regulations issued by the Governor and Committee meetings shall be public record.

(G) In addition to the specific emergency powers contained in this section, the General Assembly recognizes and confirms the Governor's power to exercise fully the authority necessary to implement the Federal Mandatory Allocation Program for Middle Distillate Fuels, as set forth in Chapter XIII, of Title 32A, Code of Federal Regulations, as well as any succeeding federal programs, laws, orders, rules, or regulations related to the allocation, conservation, or consumption of energy resources.

Section 2. The provisions of this Act shall be liberally construed in order to effectively carry out its purposes in the interest of the public health, welfare, safety, and economy of this state.

Section 3. It is declared to be the legislative intent that, if any subsection, sentence, clause, or provision of this Act is held invalid, the remainder of the Act shall not be affected.

Section 4. This Act shall be effective upon the signature of the Governor and shall expire January 31, 1974.

Approved November 20, 1973.