CHAPTER 219

FORMERLY

HOUSE BILL NO. 239

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 29, CHAPTER 80 OF THE DELAWARE CODE RELATING TO THE WASTEWATER FACILITIES ADVISORY COUNCIL.

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

Section 1. Amend § 8011(a), Title 29 of the Delaware Code by inserting “and Surface Water Management” after the word “Facilities”.

Section 2. Amend § 8011(b), Title 29 of the Delaware Code, by adding the following sentence after the word “wastewater”:

“Surface Water Management shall mean a strategy for the integration of drainage, flood control and stormwater management.”.

Section 3. Amend § 8011(c), Title 29 of the Delaware Code by striking such subsection in its entirety and replacing it with the following:

“(c) The Wastewater Facilities and Surface Water Management Advisory Council shall serve in an advisory capacity to the Governor, the Secretary of the Department and the Directors of the Divisions of Water Resources and Soil and Water Conservation. The Wastewater Facilities and Surface Water Management Advisory Council shall be composed of 12 members appointed by the Governor with the advice and consent of the Senate. The Governor shall designate a chairperson who shall serve an unlimited term at the pleasure of the Governor. There shall be at least one (1) member who is a resident of New Castle County, one (1) member who is a resident of Kent County, one (1) member who is a resident of Sussex County, and one (1) member who is a resident of the City of Wilmington. The Council shall include at least one (1) representative of each of the following organizations: the Delaware Association of Conservation Districts, the Delaware League of Local Governments, the Delaware Association of Counties, the American Council of Engineering Companies, the Delaware Institute of Planning and Design, and a not-for-profit environmental organization. Those members registered in either major political party shall not exceed the other major political party by more than one. At least four (4) members shall have technical or financial expertise on wastewater facility and surface water managements issues. The term of each member, excluding the chairperson who serves at the pleasure of the Governor, shall be for three (3) years.”.

Section 4. Amend § 8011, Title 29 of the Delaware Code by adding new subsections (i) through (m) to read as “follows:

“(i) The Council shall provide guidance and policy advice to the Governor and Secretary and assistance in the statewide effort to develop funding options for capital and maintenance programs related to drainage, stormwater management and flood control. This guidance shall include State level direction to the Department and local agencies and operating units in the development of standardized processes and procedures for identifying and prioritizing problems and development of watershed-based solutions. The Council also shall provide guidance to the State in improving the quality of customer service and reviewing annual localized work plans.

(j) The Council shall provide assistance in defining areas of responsibility between the State and local agencies, and coordinating implementation and operations.

(k) The Council shall provide assistance to the State in the establishment of a central response unit coordinated by the Department to handle public calls relating to drainage, stormwater and flood control.

(l) The Council shall provide assistance in the Statewide effort for the development of sustainable program funding options.

(m) The Council shall provide assistance in the development and evaluation of criteria for watershed-based plans for surface water management. The Council shall also provide assistance developing the priority needs for watershed plans. The Council shall assist in developing a strategy for long term planning for future growth as it relates to surface water management. This strategy may include options for private-public partnerships for infrastructure improvement and regional solutions.”.

Section 5. Amend § 8011, Title 29 of the Delaware Code by renumbering paragraph (h) to paragraph (m) and inserting “Conservation Districts” after the word “Agriculture”.

Approved August 17, 2005