CHAPTER 351

FORMERLY

HOUSE BILL NO. 449

AN ACT TO AMEND CHAPTER 1 OF TITLE 26 OF THE DELAWARE CODE RELATING TO THE PUBLIC SERVICE COMMISSION AND CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY.

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

Section 1. Amend § 203C(e) of Title 26 of the Delaware Code by inserting the following language:

“(4) If the Town Council of the Town of Ocean View adopts a Resolution providing for water utility service to its residents and undertakes the construction of such service, the provisions contained in subsection (e)(1) shall not apply to or be required for the Town of Ocean View’s application for a certificate of public convenience and necessity under this Section.”.

Section 2. Amend § 203C(i) of Title 26 of the Delaware Code by inserting the following sentence at the end thereof:

“Notwithstanding the objection and opt out provisions contained in this subsection, if the Town Council of the Town of Ocean View adopts a Resolution providing for water utility service to its residents and undertakes the construction of such service, the objection and opt out provisions shall not be available to the residents of the Town of Ocean View.”.

Approved July 12, 2004