CHAPTER 415

FORMERLY

HOUSE BILL NO. 434

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ENERGY ADVISORY COUNCIL, ENERGY PLANNING AND CABINET COMMITTEE ON ENERGY.

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

Amend Chapter 80, Title 29, Delaware Code by renumbering the existing §8054 and §8055 to be §8057 and §8058 respectively and adding new §8054 through §8056 to read as follows:

Ҥ8054. Cabinet Committee on Energy.

(a) A Cabinet Committee on Energy is established and shall serve in an advisory capacity to the Governor. It shall be comprised of the following members:

(1) The Secretary of the Department of Natural Resources and Environmental Control.

(2) The Secretary of the Department of Administrative Services.

(3) The Secretary of the Department of Agriculture.

(4) The Secretary of the Department of Transportation.

(5) The Secretary of the Department of Health and Social Services.

(6) The Secretary of the Department of Safety and Homeland Security.

(7) The Secretary of the Department of State.

(8) The Director of the Delaware Economic Development Office

(9) The Budget Director.

(1) Such others as the Governor may designate.

(b) The Governor shall designate one member to serve as Chairperson of the Committee.

(c) The Committee shall consider matters relating to energy issues and use in state government, include, but not limited to:

(1) Developing programs for state agencies to save energy through energy efficiency in facility construction and operation, energy and equipment procurement.

(2) Setting comprehensive goals and prioritizing programs based on the cost effectiveness of energy saving measure.

(3) Developing and implementing the use of transportation energy reduction methods for employees.

(4) Identifying opportunities for the use of fuel cells and solar energy equipment to meet the energy needs of agencies and/or state buildings.

(d) The State Energy Office shall provide staffing assistance to the Cabinet Committee on Energy.

§8055. Governor’s Energy Advisory Council.

(a) There is hereby established the Governor’s Energy Advisory Council.

(b) The Governor’s Energy Advisory Council shall monitor Delaware’s energy system, identify and propose actions to enhance Delaware’s energy system and provide counsel to the Governor on promoting an economic, reliable and competitive energy market for all Delaware consumers.

(c) The Governor’s Energy Advisory Council shall be assigned the following responsibilities:

(1) Developing implementation plans for recommendations from the 2003 ‘Delaware Energy Task Force Report to the Governor’ and tracking ongoing implementation efforts.

(2) Spearheading the updating of the Delaware Energy Plan every five years from date of enactment. The updating process shall include a process for public input and measures for progress in attaining goals identified in the plans.

(3) Monitoring federal, state and regional energy issues, identifying the impacts on Delaware and recommending actions to the Governor in response to identified issues.

(4) Other duties as referred by the Governor.

(d) The Governor’s Energy Advisory Council shall be composed of 17 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 Energy.

(3) Chair of the Public Service Commission.

(4) The Public Advocate.

(5) Chair of the Weatherization Assistance Program Policy Advisory Council.

(6) Nine members who shall be appointed by the Governor representing, to the extent possible, the following constituencies: electricity transmission; electricity distribution; electricity generation; agriculture and/or agribusiness; municipal utilities; renewable energy; innovative energy technology; transportation fuels and environmental interests. 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. Three 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.

(e) 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 resign, are reappointed or replaced.

(f) 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.”

Approved August 19, 2004