CHAPTER 86

FORMERLY

SENATE BILL NO. 135

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 26 RELATING TO THE PUBLIC SERVICE COMMISSION AND CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY FOR WATER UTILITIES FOR MUNICIPALITIES ANNEXING TERRITORY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend §203C, Subchapter II, Chapter 1, Title 26, Delaware Code, by adding to paragraph (a) the following:

“The provisions of this section shall not apply to any municipality that has extended its boundaries by annexation as provided for in Chapter 1, Title 22, Delaware Code, provided the municipality operates a water utility that will be expanded or extended into the annexed territory and no certificate of public convenience and necessity shall exist for the annexed territory. The municipality shall promptly give notice to the Public Service Commission of the completion of such annexation.”

Approved June 30, 2003