CHAPTER 199

FORMERLY

HOUSE BILL NO. 681

AS AMENDED BY HOUSE AMENDMENTS NOS. 1, 2 AND 3

AN ACT AUTHORIZING THE DELAWARE ENERGY OFFICE TO PROVIDE FINANCIAL ASSISTANCE TO CERTAIN DELAWARE FAMILIES FOR THE PURCHASE OF ENERGY CONSERVATION MATERIALS FOR THEIR HOMES AND MAKING A SUPPLEMENTAL APPROPRIATION TO THE DELAWARE ENERGY OFFICE FOR THE OPERATION OF SUCH A PROGRAM.

WHEREAS, it is the public policy and responsibility of the State of Delaware to provide for the health, safety and welfare of its citizens; and

WHEREAS, it is also the declared public policy of this State to encourage and promote the conservation of energy; and

WHEREAS, many Delaware families will be unable to afford the costs of effective energy conservation measures for their homes; and

WHEREAS, household energy conservation measures will contribute not only to the public welfare by permitting families to cope with rising costs of home heating, but will also help reduce the consumption of limited and nonrenewable energy resources.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. There is hereby established the Energy Conservation Grants Program, said program to be administered by the Delaware Energy Office as follows:

(a) Any household, the total income of which is no greater than 200% of the Community Services Administration poverty line for 1979, may, through the head of said household, apply to the Delaware Energy Office for reimbursement of one-half of the cost of designated home weatherizing materials as set forth in subsection (b).

(b) The weatherizing materials for which reimbursement may be obtained are as follows:

(1) insulation

(2) weatherstripping

(3) caulking

(4) day/night thermostats

(5) such other materials or equipment which the Director, in his discretion, may designate by regulation.

(c) In no event shall any household be entitled to receive more than $200.00 under this program nor shall any household be eligible for reimbursement for any costs other than those incurred in the purchase of designated materials.

(d) Pursuant to his authority in 29 Del. C. 59906 (6), the Director may promulgate rules and regulations governing the application procedure under this program, eligibility requirements for assistance, additional materials or types of materials to which this program shall apply and any other matters deemed necessary or advisable for implementing this program. The Director shall give notice or proposed regulations in two newspapers of statewide circulation and shall hold a public hearing on any proposed regulations or amendments thereof at least 60 days prior to their effective date. Any regulations adopted under this subsection shall be published in at least two newspapers of general circulation in the State at least thrity days prior to the time the regulation, or amendment thereof, becomes effective.

(e) Any person who knowingly makes any false statement, representation or certification in any application record report or other document filed or required to be maintained under this section or under any rule or regulation promulgated under this section shall, upon conviction shall be guilty of a felony and be punished by a fine of not less than $500.00 nor more than $5,000.00 or by imprisonment for not more than six months, or both.

(f) The Director or his duly authorized representatives may inspect such records, books, receipts, reports or other documents required to be filed or maintained by this statute or regulations adopted thereunder. It is the intent of the General Assembly that the appropriation contained in Section 2 of this Act be identified as available from the surplus General Fund monies over and above those required to fully fund the Budget Reserve Account.

Section 2. There Is hereby appropriated to the Delaware Energy Office the sum of $1,700,000.00 to implement this program.

Section 3. Said appropriation is a supplemental appropriation and shall be paid by the State Treasurer from the General Fund monies not otherwise appropriated.

Section 9. Funds appropriated and remaining unexpended or unencumbered on June 30,1981, shall revert to the General Fund of the State of Delaware.

Section 5. This legislation will become effective upon signature by the Governor and no reimbursement in respect of the purchase, prior to such effective date of any weatherizing materials shall be made.

Approved February 12, 1980