SENATE BILL NO. 77
AS AMENDED BY
SENATE AMENDMENT NO. 2
AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE CONCERNING MUNICIPALITIES PROVIDING WASTEWATER SERVICE OUTSIDE THEIR MUNICIPAL BOUNDARIES AND THE CRITERIA TO BE USED BY THE PUBLIC SERVICE COMMISSION FOR GRANTING CERTIFICATES FOR PUBLIC CONVENIENCE AND NECESSITY TO WASTEWATER UTILITIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend Section 203D(b) Title 26 of The Delaware Code by inserting a new sentence at the end thereof as follows:
“A municipality desiring to provide wastewater service to any property outside its municipal boundary must file with the Commission a petition requesting wastewater service from the municipality executed by the landowner of record of such property.”
Section 2. Amend Section 203D(d) by deleting the phrase “Except as provided in paragraph (2) of this subsection, the” and replacing in lieu thereof the word “The”.
Section 3. Amend Section 203D(d)(2) Title 26 of the Delaware Code by deleting subparagraphs (2) and (3) in their entirety and substituting in lieu thereof the following:
“(2) One or more petitions requesting wastewater service from the applicant executed by the landowners of record of each parcel or property to be encompassed within the proposed territory to be served. In the case of an existing development, subdivision, or generally recognized unincorporated community, one or more petitions requesting wastewater service from the applicant executed by the landowners of record of parcels and properties that constitute a majority of the parcels or properties in the existing development, subdivision, or unincorporated community; or
(3) A certified copy of a resolution or ordinance from the governing body of a county or municipality that requests, directs, or authorizes the applicant to provide wastewater utility services to the proposed territory to be served, which must be located within the boundary of such county or municipality; and”
Section 4. This Act is remedial legislation, and as such it shall be effective as of June 7, 2004, and shall apply to any submission to the Public Service Commission after June 7, 2004.
Approved June 28, 2007