CHAPTER 43

FORMERLY

SENATE BILL NO. 105

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PLANNING COORDINATION.

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

Section 1. Amend Title 29 of the Delaware Code by striking §9102 in its entirety and by replacing it with the following:

"§9102. Governor's Advisory Council on Planning Coordination.

(a) There is hereby established the Governor's Advisory Council on Planning Coordination.

(b) The Governor's Advisory Council on Planning Coordination shall be assigned the following duties:

(1) Assist the Governor in identifying and addressing current and future state development and land use issues.

(2) Recommend legislation, policies and tools that support the Governor's Livable Delaware initiative.

(3) Review and provide recommendations to the Governor on plans developed by the state departments for implementing the State investment strategies.

(4) Approve and monitor livability indicators.

(5) Facilitate dispute resolution among government jurisdictions regarding disagreements involving land use planning issues.

(6) Other duties as referred by the Governor.

(c) The Governor's Advisory Council on Planning Coordination shall be composed of 16 members as follows:

(1) A Chair to be appointed by the Governor for a term of three years and who shall be eligible for re-appointment for terms of three years.

(2) Chair of the Cabinet Committee on State Planning Issues.

(3) The County Administrator or County Executive or their designee, representing each of Delaware's counties.

(4) The President or a designee representing the Delaware League of Local Governments.

(5) The co-chairs of the Joint Bond Bill Committee.

(6) Eight members who shall be appointed by the Governor representing, to the extent possible, the following constituencies: agriculture and/or agribusiness; homebuilders; business; real estate and development; environmental interests; community development; historic preservation; and civic associations. These members shall be appointed by the Governor as follows:

a. Three members shall be appointed for three-year terms;

b. Three members shall be appointed for initial two-year terms;

c. Two members shall be appointed for initial one-year terms;

d. Thereafter, appointees shall serve for three-year terms.

(7) The Secretaries of Transportation, Natural Resources and Environmental Control, and Agriculture and the Director of Economic Development shall serve as ex-officio members.

(d) 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 either resign, are reappointed, or replaced.

(e) 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.

(f) The Advisory Council shall be assisted in their efforts by the staffs and other resources of the Office of the Governor and the Office of State Planning Coordination."

Section 2. Amend §9101, Title 29, Delaware Code by deleting subsection (d) in its entirety, and by redesignating the remaining subsections accordingly.

Section 3. Amend Title 29, Delaware Code by deleting §9236 in its entirety.

Approved June 14, 2001