29 DE Code § 8011. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 80. Department of Natural Resources and Environmental Control|Subchapter I. Natural Resources and Environmental Control|§ 8011. Water Infrastructure Advisory Council.

§ 8011. Water Infrastructure Advisory Council. (a) There is hereby established a Water Infrastructure Advisory Council. (b) Definition. — “Wastewater facility” shall mean any property, easement, equipment, pipe, pump, plant or appurtenance used in any way to collect, transport, store, handle, treat or dispose of wastewater. “Surface water management” shall mean a strategy for the integration of drainage, flood control and stormwater management through habitat protection, restoration, and other green infrastructure. “Drinking water supply or water supply” facilities shall mean any property, equipment, pipe or other conveyance, pump, tower, tank or other storage device, well, filter and any other appurtenances used to collect, treat, store, and distribute the best quality water available to address strategies to correct, present or prevent future violations of health-based drinking water standards. (c) The Water Infrastructure Advisory Council (the “Council”) shall serve in an advisory capacity to the Secretaries of the Departments of Natural Resources and Environmental Control (“DNREC”), Agriculture (“DDA”), Health and Social Services (“DHSS”), Transportation (“DelDOT”), and Finance (“DOF”) and collectively the (“Secretaries”). The Council shall be composed of 16 members appointed by the Governor with the advice and consent of the Senate. The Governor shall appoint a chairperson. Members of the Council shall serve for up to 3 years excluding the Chairperson who shall serve at the pleasure of the Governor. Members shall be appointed for staggered terms so that no more than 4 members' terms expire in any calendar year. There shall be at least 1 member who is a resident of New Castle County, 1 member who is a resident of Kent County, 1 member who is a resident of Sussex County, and 1 member who is a resident of the City of Wilmington. Members of the Council shall represent interest and possess expertise in the areas of wastewater, stormwater, agricultural water use, and drinking water infrastructure. Members may include, but not be limited to representatives from local government, public health, agriculture, and financial management, and 3 members representing nonprofit environmental organizations, 1 of whom may represent an environmental justice organization. No more than 9 members shall be affiliated with any 1 major political party. The Governor shall appoint a member representing the water utilities, the president of 1 of the conservation districts, and a member of the Farm Bureau, all of whom shall serve as nonvoting members of the Council, and at the pleasure of the Governor. The nonvoting members may provide annual recommendations to the Council relating to stormwater, drainage, flood protection, resource and conservation development projects, agricultural and conservation cost share, cover crops, conservation reserve enhancement, and tax ditches. (d) Members of the Council shall serve without compensation except that they shall be reimbursed for reasonable and necessary expenses incidental to their duties as members of the Council. (e) The Council's duties and responsibilities shall include the following:  (1) To evaluate, establish, recommend, and adopt a long-term plan for the public funding of drinking water supply and wastewater facility infrastructure projects that shall cover a period of not less than 6 years. The plan shall be updated and prioritized on an annual basis and incorporated in DNREC's and DHSS's annual capital budget requests to the Governor. A copy of the adopted plan shall be submitted to members of the General Assembly on or before November 15 of each year. Additionally, the Council shall submit to the Clean Water Trust Fund Oversight Committee annual advisory recommendations related to wastewater, stormwater and drinking water infrastructure addressing those elements required for inclusion in the strategic plan for clean water as required in § 8082(a) of this title on or before September 15 of each year. (2) To establish standards and procedures for persons to submit requests for funding the construction, repair, renovation or expansion of water supply and wastewater facilities and to recommend specific grants or loans, or both, in accordance with such standards and procedures using funds authorized for such purposes by act of the General Assembly or funds approved by the Delaware State Clearinghouse Committee. The Council shall develop and recommend projects for the planning, construction, repair, renovation or expansion of water supply and wastewater facilities to be funded in whole or in part by the Delaware Water Pollution Control Revolving Fund, the Drinking Water State Revolving Loan Fund (the “Funds”) and any other source of funding authorized by the General Assembly; (3) To develop and periodically update a nonbinding comprehensive, statewide water supply and wastewater facilities assessment to be presented in 3 sections, 1 for each county. The Council may retain the services of necessary professionals and may enter into agreements in order to prepare such an assessment. Each of the counties may, at its option, designate a county agency responsible for preparing the assessment for such county, provided however, that the assessments shall be prepared in a uniform manner pursuant to criteria established by the Council. In the absence of such a designation, the DNREC and DHSS shall be the lead agencies in coordinating preparation of the assessment. The assessment shall include, but not be limited to, a description of the status of existing water supply and wastewater facilities, the current usage thereof, the adequacy of existing water supply and wastewater facilities, projected long range requirements for such facilities, the compatibility of existing land use plans with existing and long range requirements of water supply and wastewater facilities, and recommendations for improvements to existing facilities; (4) To recommend affordability standards for water supply and wastewater facility infrastructure projects. Such recommendations shall reflect the goals of establishing fair rates that equitably distribute the costs of water supply and wastewater facilities using public funds based upon usage and relying upon private firms to provide services if it is economical and in the public interest to do so; and (5) The Council shall review and recommend the payment of administrative and operating expenses of the Council to the DNREC and DHSS. (6) The Council shall make funding recommendations to the Secretaries of the DNREC and DHSS of drinking water and wastewater infrastructure projects that are “ready to proceed.” (f) The Council shall adopt all motions and approve the 6-year water supply and wastewater infrastructure plan, the assessment, and recommendations for loans or grants only by a majority vote of the entire voting membership of the Council. All voting shall be done in person and at regular or special meetings of the Council. The Council shall conduct a public meeting in each county prior to annual adoption of the 6-year water supply and wastewater infrastructure plan. The Council is subject to the applicable provisions of the Administrative Procedures Act (Chapter 101 of this title). (g) The Council shall work in concert with the DNREC, DHSS, the Department of Transportation, the Department of Agriculture, Conservation Districts, the Delaware Geological Survey, the Public Service Commission, the DOF, the Cabinet Committee on State Planning Issues and any other appropriate department, agency or committee focusing on statewide planning issues and each shall provide reasonable staff time and resources as may be required by the Council to fulfill its duties and responsibilities. The Council shall also work in concert with the Water Resources Agency of New Castle County and any other appropriate agency designated by the counties. The DNREC and DHSS shall be the lead agencies in coordinating support for the Council. (h) The Council shall provide guidance and policy advice to the Governor and Secretaries and assistance in the statewide effort to develop infrastructure programs related to water supply, drainage, stormwater management and flood control. This guidance shall include State level direction to the DNREC and DHSS, 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. (i) The Council shall provide assistance in defining areas of responsibility between the State and local agencies, and coordinating implementation and operations. (j) The Council shall provide assistance to the State in the establishment of a central response unit coordinated by the DNREC to handle public calls relating to drainage, stormwater and flood control. (k) The Council shall provide assistance in the statewide effort for the development of sustainable program funding options. (l) 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. 69 Del. Laws, c. 303, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 219, §§  1-5;  75 Del. Laws, c. 353, §§  81(c)-(e);  77 Del. Laws, c. 430, §  66;  79 Del. Laws, c. 48, §  1;  81 Del. Laws, c. 49, §  3;  81 Del. Laws, c. 374, § 21;  83 Del. Laws, c. 84, §§ 2, 3;