reglab/housing_qa huggingface dataset:
29 DE Code § 8019. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 80. Department of Natural Resources and Environmental Control|Subchapter I. Natural Resources and Environmental Control|§ 8019. Assumption of functions of prior agencies.

§ 8019. Assumption of functions of prior agencies. The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions vested by law in the Board of Game and Fish Commissioners, Delaware Commission of Shell Fisheries, State Park Commission, Delaware Soil and Water Conservation Commission and Delaware Water and Air Resources Commission immediately prior to the effective date of this chapter and which are not otherwise specifically transferred to the Department by this chapter, excepting only those powers, duties and functions expressly vested in or retained by any such commission. 29 Del. C. 1953, §  8018;  57 Del. Laws, c. 302, §  1;  57 Del. Laws, c. 739, §  236;  59 Del. Laws, c. 372, §  9;
29 DE Code § 8020. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 80. Department of Natural Resources and Environmental Control|Subchapter I. Natural Resources and Environmental Control|§ 8020. Appeals.

§ 8020. Appeals. Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred to the Department or to any division or subdivision thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such function is transferred, and each such appeal shall be perfected in the manner heretofore provided by law. 29 Del. C. 1953, §  8019;  57 Del. Laws, c. 302, §  1;
29 DE Code § 8021. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 80. Department of Natural Resources and Environmental Control|Subchapter I. Natural Resources and Environmental Control|§ 8021. Definitions and references in other laws.

§ 8021. Definitions and references in other laws. (a) All definitions and references to any commission, board, department, council or agency which appear in any other act or law shall, to the extent that the same are consistent with this chapter and in connection with a function transferred to the Department, be construed as referring and relating to the Department of Natural Resources and Environmental Control as created and established by this chapter. (b) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter. 29 Del. C. 1953, §  8020;  57 Del. Laws, c. 302, §  1;
29 DE Code § 8022. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 80. Department of Natural Resources and Environmental Control|Subchapter I. Natural Resources and Environmental Control|§ 8022. Annual report.

§ 8022. Annual report. The Secretary of the Department shall make an annual report of the Department's operations to the Governor and the General Assembly, and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law. 29 Del. C. 1953, §  8021;  57 Del. Laws, c. 302, §  1;
29 DE Code § 8023. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 80. Department of Natural Resources and Environmental Control|Subchapter I. Natural Resources and Environmental Control|§ 8023. Misnomer of Department in donation.

§ 8023. Misnomer of Department in donation. Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described. 29 Del. C. 1953, §  8022;  57 Del. Laws, c. 302, §  1;
29 DE Code § 8024. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 80. Department of Natural Resources and Environmental Control|Subchapter I. Natural Resources and Environmental Control|§ 8024. Budgeting and financing.

§ 8024. Budgeting and financing. (a) The Secretary, in cooperation with the division directors, shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly. (b) Special funds may be used in accordance with approved programs, grants and appropriations. 29 Del. C. 1953, §  8023;  57 Del. Laws, c. 302, §  1;
29 DE Code § 8025. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 80. Department of Natural Resources and Environmental Control|Subchapter I. Natural Resources and Environmental Control|§ 8025. Supremacy.

§ 8025. Supremacy. All other laws or parts of laws now in effect inconsistent with this chapter are repealed, superseded, modified or amended so far as necessary to conform to, and give full force and effect to, this chapter. 29 Del. C. 1953, §  8025;  57 Del. Laws, c. 739, §  237;
29 DE Code § 8027. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 80. Department of Natural Resources and Environmental Control|Subchapter I. Natural Resources and Environmental Control|§ 8027. Notification.

§ 8027. Notification. Except for land acquired by approval of the Open Space Council or approved through a bond and capital improvements act, land shall not be purchased by the Department of Natural Resources and Environmental Control without prior approval of the Cochairs of the Joint Legislative Committee on the Capital Improvement Program; provided, however, that the Department is not prohibited from conducting studies, surveys or other contractual arrangements that would normally precede land acquisition procedures. The Department is also required to provide cost estimates to the cochairs of the Joint Finance Committee and the Bond Bill Committee; these estimates will include costs to develop infrastructure, and the number of positions needed to maintain the land and the associated personnel costs. 73 Del. Laws, c. 310, §  20;
29 DE Code § 8030. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 80. Department of Natural Resources and Environmental Control|Subchapter I. Natural Resources and Environmental Control|§ 8030. Energy Efficiency Investment Fund.

§ 8030. Energy Efficiency Investment Fund. (a) The Division of Energy and Climate shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Delaware Energy Office, also referred to as the “Energy Office,” “State Energy Office,” “DEO” and “State Energy Coordinator,” pursuant to: Chapter 76 of Title 16; Chapters 1, 10 and 15 of Title 26; this chapter; and Chapter 64 of this title. (b) The Department of Natural Resources and Environmental Control shall manage the Energy Efficiency Investment Fund. The Fund shall be used to incentivize investments in energy efficiency by consumers or users of gas or electricity whose purchase of those commodities from a distributor is subject to the public utility tax on gas or electricity imposed by Chapter 55 of Title 30. The Department shall support implementation of projects that reduce the use of gas, electricity, or other sources through the issuance of competitive grants, low-interest loans, or other financing support from the Fund. The Department shall establish the contents and deadline for applications for financing from the Fund and shall give preference to those applications proposing projects that are anticipated to produce the greatest reduction in energy consumption per Fund dollar invested, improve environmental performance, spur capital construction and facility modernization, encourage job retention and creation, and are likely to be substantially complete no later than 1 year following the issuance of financing from the Fund. In no event shall the Fund provide grant funding for more than 30 percent of the costs of any proposed project or support projects already receiving support from the Green Energy Fund under this chapter or the Strategic Fund under subchapter II of Chapter 87A of this title. The Fund shall be administered in consultation with the Sustainable Energy Utility and the Department. The Department shall make an annual report on the use of the Energy Efficiency Investment Fund and the value of energy savings resulting therefrom to the Governor's Energy Advisory Council and the General Assembly not later than August 30 of each year after 2011. The Department shall retain no more than 4 percent of the Fund for expenses to administer this section. All terms used herein that are defined in Chapter 55 of Title 30 shall have the same definition used in that chapter. 78 Del. Laws, c. 75, §  5;  78 Del. Laws, c. 290, §  232;  81 Del. Laws, c. 49, §  3;  81 Del. Laws, c. 374, § 22;
29 DE Code § 8031. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 80. Department of Natural Resources and Environmental Control|Subchapter I. Natural Resources and Environmental Control|§ 8031. Prohibition of collecting natural resource data without the informed written consent of the property owner.

§ 8031. Prohibition of collecting natural resource data without the informed written consent of the property owner. (a) The following words, terms, and phrases, when used in this section, shall have the meaning ascribed in this subsection:  (1) “Department” means the Department of Natural Resources and Environmental Control. (2) “Natural resource data” means all the information collected from private property within the State, that was collected by physically being present on private property, that relates to or concerns:  a. The presence of rare or endangered species. b. The presence and conditions of historic or cultural resources. (b) From July 11, 2018, forward, the Department shall not enter physically onto private property to collect Natural Resource Data without the informed written consent of the property owner. The informed written consent must contain the method of collection, date of collection, and how the information will be shared. 81 Del. Laws, c. 322, § 1;
29 DE Code § 8051. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 80. Department of Natural Resources and Environmental Control|Subchapter II. The Delaware Energy Act|§ 8051. Short title; declaration of policy.

§ 8051. Short title; declaration of policy. (a) This subchapter shall be known and may be cited as “The Delaware Energy Act.” (b) The General Assembly finds and declares that:  (1) An adequate, reliable, and continuous supply of energy is essential to the health, safety, and welfare of the citizens of this State and to the sustained growth of the State's economy; (2) Shortages of nonrenewable energy resources could threaten the reliable supply of energy in the State; (3) Inefficient energy consumption leads to increased air pollution from traditional means of producing energy, which may be significantly mitigated by the development of efficiency programs and alternative energy resources; (4) Growth and inefficient energy usage must be addressed programmatically to continue the social, economic and environmental vitality of the State; (5) The State must provide for the development of a comprehensive state energy policy which will ensure an adequate, reliable and continuous supply of energy and which is protective of public health and the environment and which promotes our general welfare and economic well-being; (6) The establishment of the State Energy Office is in the public interest and will promote the general welfare by assuring coordinated and efficient management of state energy policy. (c) It is the purpose and intent of the General Assembly:  (1) To establish the State Energy Office within the Department of Natural Resources and Environmental Control; (2) To provide for development and maintenance of a comprehensive state energy plan; (3) To provide for the development and maintenance of a state emergency energy shortage contingency plan; (4) To provide for the development of a state facilities energy management plan; (5) To reduce, to the maximum extent possible, the environmental consequences of energy generation and use in the State; (6) To achieve effective management of energy functions within the state government; (7) To encourage and ensure full and effective public participation in the formulation and implementation of a state energy plan.74 Del. Laws, c. 38, §  1;
29 DE Code § 8052. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 80. Department of Natural Resources and Environmental Control|Subchapter II. The Delaware Energy Act|§ 8052. Definitions.

§ 8052. Definitions. For the purposes of this subchapter:  (1) “Cost effective energy efficiency projects” means energy efficiency improvements including, but not limited to, wall, floor and ceiling/attic insulation, lighting and electrical upgrades, window replacements and HVAC tune-ups and replacements with a return on investment (ROI) of less than 3 years based upon materials and labor. (2) “Customer” means any person that has constructed, purchased or leased Renewable Energy Technology and placed it in service in this State for the purpose of generating or receiving energy in this State, including the owner/operator of any building or facility, but not the occupants thereof, that supplies energy to the occupants of such building or facility. (3) “Person” means and includes an individual, a trust, estate, partnership, limited liability company, association, company or corporation. (4) “Renewable energy technology” or “alternative energy technology” means and includes any of the following machinery, equipment, or real property:  a. Hydroelectric generators, located at existing dams or in free-flowing waterways, and related devices for water supply and control, and converting, conditioning, and storing the electricity generated; b. Wind equipment, required to capture and convert wind energy into electricity or mechanical power, and related devices for converting, conditioning and storing the electricity produced; c. Solar energy equipment, and related devices necessary for collecting, storing, exchanging, conditioning or converting solar energy to other useful forms of energy; d. Geothermal heat pumps and geothermal heat pump systems; e. Fuel cells and fuel cell systems; and f. Biodiesel manufacturing facilities. (5) “Solar energy equipment” means any equipment that uses solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, daylighting, generating electricity, distillation, desalinization, detoxification or the production of industrial or commercial process heat, and includes related devices necessary for collecting, storing, exchanging, conditioning or converting solar energy to other useful forms of energy.74 Del. Laws, c. 38, §  1;  74 Del. Laws, c. 87, §  1;  75 Del. Laws, c. 160, §  1;  77 Del. Laws, c. 452, §  1;
29 DE Code § 8054. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 80. Department of Natural Resources and Environmental Control|Subchapter II. The Delaware Energy Act|§ 8054. Cabinet Committee on Energy.

§ 8054. 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 Agriculture. (3) The Secretary of the Department of Transportation. (4) The Secretary of the Department of Health and Social Services. (5) The Secretary of the Department of Safety and Homeland Security. (6) The Secretary of the Department of State. (7) [Repealed.] (8) The Director of the Office of Management and Budget. (9) Such others as the Governor may designate. (b) The Governor shall designate 1 member to serve as Chairperson of the Committee. (c) The Committee shall consider matters relating to energy issues and use in state government, including, 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. 74 Del. Laws, c. 415;  75 Del. Laws, c. 88, §§  21(13), 38;  81 Del. Laws, c. 49, §  3;  81 Del. Laws, c. 374, § 24;
29 DE Code § 8055. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 80. Department of Natural Resources and Environmental Control|Subchapter II. The Delaware Energy Act|§ 8055. Governor's Energy Advisory Council.

§ 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 5 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 16 members as follows:  (1) A Chair to be appointed by the Governor for a term of 3 years and who shall be eligible for re-appointment for terms of 3 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 3-year terms; b. Three members shall be appointed for initial 2-year terms; c. Three members shall be appointed for initial 1-year terms; d. Thereafter, appointees shall serve for 3-year terms. (7) The Secretaries of Transportation, Natural Resources and Environmental Control, and Agriculture 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. 74 Del. Laws, c. 415;  81 Del. Laws, c. 49, §  3;  81 Del. Laws, c. 374, § 25;
29 DE Code § 8058. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 80. Department of Natural Resources and Environmental Control|Subchapter II. The Delaware Energy Act|§ 8058. Rules and regulations.

§ 8058. Rules and regulations. The Secretary shall promulgate rules and regulations governing the administration of the State Energy Office or that are necessary to carry out the provisions of this subchapter. 74 Del. Laws, c. 38, §  1;  74 Del. Laws, c. 415.;
29 DE Code § 8060. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 80. Department of Natural Resources and Environmental Control|Subchapter II. The Delaware Energy Act|§ 8060. Restrictions.

§ 8060. Restrictions. (a) No county or municipal government, homeowner association, or association formed for the management of commonly-owned elements and facilities or for regulating use of private property shall adopt any covenant, restriction, deed restriction, zoning restriction, or subdivision restriction which prohibits or restricts the owner of a property from using a system for obtaining wind energy for a residential single family dwelling unit. Any such restriction adopted after August 8, 2009, shall be void and unenforceable. Notwithstanding the provisions of any existing county or municipal zoning ordinance or regulation, no prohibition against or restriction on wind energy systems for residential single-family homes that is inconsistent with this section and adopted prior to August 8, 2009, shall be effective and no conditional use or other zoning review process shall be required. (b) A county or municipal government, homeowner association, or an association formed for the management of commonly-owned elements and facilities or for regulating use of private property may place restrictions on wind energy system installations subject to subsection (a) of this section, provided such restrictions shall not be more restrictive than the following:  (1) Wind turbines shall be setback 1.0 times the turbine height from adjoining property line. Turbine height means the height of the tower plus the length of 1 blade. (2) The aggregate noise or audible sound of a wind system shall not exceed 5 decibels above the existing average noise level of the surrounding area and shall be restricted to a maximum of 60 decibels measured at any location along the property line to the parcel where the wind system is located. (3) Wind systems shall be free from signage, advertising, flags, streamers, any decorative items or any item not related to the operation of the wind turbine. Electric wiring for the turbines shall be placed underground for nonbuilding integrated systems. (4) This section shall not be applicable in any county or municipal designated historic district or historic zoning district. (5) Any wind energy system shall be buffered from any properties or structures included on the Historic Register. (c) The provisions of this section shall apply to wind energy systems and wind facilities that qualify for support from the Green Energy Fund, as authorized under § 8057 of this title, or other such similar programs administered by the State Energy Office. 77 Del. Laws, c. 147, §  1;  77 Del. Laws, c. 329, §  88;