2023 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) The Water Infrastructure Advisory Council serves in an advisory capacity to the Secretaries, as defined in this section.
(b) Definitions. —
As used in this section:
(1) “Council” means the Water Infrastructure Advisory Council.
(2) “Secretaries” means, collectively, the Secretaries of the Departments of Natural Resources and Environmental Control (DNREC), Agriculture (DDA), Health and Social Services (DHSS), Transportation (DelDOT), and Finance (DOF).
(3) “Surface water management” means a strategy for the integration of drainage, flood control, and stormwater management through habitat protection, restoration, and other green infrastructure.
(4) “Wastewater facility” or “wastewater infrastructure” means a property, easement, equipment, pipe, pump, plant, or appurtenance used in any way to collect, transport, store, handle, treat, or dispose of wastewater.
(5) “Water supply facility,” “water supply infrastructure,” “drinking water infrastructure,” or “drinking water supply facility” means a property, equipment, pipe, or other conveyance, pump, tower, tank or other storage device, well, filter, or other appurtenance 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) (1) Council is composed of 16 members appointed by the Governor with the advice and consent of the Senate.
(2) The Governor shall appoint Council's chair. The chair serves at the Governor's pleasure. The Governor may remove the chair from Council entirely if the Governor removes the chair from the chair position.
(3) A Council member other than the chair serves for a term of 3 years.
(4) The Governor may appoint a Council member for a term of less than 3 years to ensure that terms expire on a staggered bases of no more than 4 expiring terms in a calendar year.
(5) Council members must be comprised of 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.
(6) Council members must represent interest and possess expertise in the areas of wastewater infrastructure, stormwater infrastructure, agricultural water use infrastructure, and drinking water infrastructure.
(7) Council members may include representatives from local government, public health, agriculture, and financial management. Up to 3 members may represent nonprofit environmental organizations, 1 of whom may represent an environmental justice organization.
(8) Council membership must be balanced so that no more than 9 voting members are from 1 political party. An individual who declines to announce a political party affiliation is eligible for appointment as a voting member.
(9) The Governor shall appoint 3 of Council's 16 members as nonvoting members who serve at the Governor's pleasure:
1 member representing the water utilities, 1 member who is the district coordinator of 1 of the conservation districts, and 1 member representing the Farm Bureau. These 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, or tax ditches.
(d) A Council member does not receive compensation but may be reimbursed for the member's actual and necessary expenses incurred in the performance of the member's official duties.
(e) Council's duties and responsibilities include all of the following:
(1) To evaluate, establish, recommend, and adopt all of the following:
a. A long-term plan for the public funding of drinking water supply facility and wastewater facility infrastructure projects. The plan must cover a period of not less than 6 years, be updated and prioritized on an annual basis, and incorporated into DNREC's and DHSS's annual capital budget requests to the Governor. Council shall submit a copy of the adopted plan to the General Assembly and the Director and Librarian of the Division of Research of Legislative Council on or before November 15 of each year.
b. Annual advisory recommendations related to wastewater infrastructure, stormwater infrastructure, and drinking water infrastructure addressing the elements required for inclusion in the strategic plan for clean water under § 8082(d) of this title. Council shall submit the recommendations to the Clean Water Trust Fund Oversight Committee on or before September 15 of each year.
(2) a. To establish standards and procedures for persons to submit requests for funding the construction, repair, renovation, or expansion of water supply facilities and wastewater facilities. Using the standards and procedures that Council establishes, Council shall recommend specific grants or loans, or both, using funds authorized for the grants or loans by act of the General Assembly or funds that the Delaware State Clearinghouse Committee approves.
b. To develop and recommend projects for the planning, construction, repair, renovation, or expansion of water supply facilities 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, or another source of funding that the General Assembly authorizes.
(3) a. To develop and periodically update a nonbinding comprehensive, statewide water supply facilities and wastewater facilities assessment to be presented in 3 sections, 1 for each county. Council may retain the services of necessary professionals and may enter into agreements in order to prepare the assessment.
b. A county may, at its option, designate a county agency responsible for preparing the assessment for that county, but the assessment must be prepared in a uniform manner that the Council establishes. In the absence of the designation of a county agency to prepare an assessment, DNREC and DHSS are the lead agencies in coordinating preparation of the assessment.
c. The assessment must include at least all of the following:
1. A description of the status of existing water supply facilities and wastewater facilities.
2. The current usage of existing water supply facilities and wastewater facilities.
3. The adequacy of existing water supply facilities and wastewater facilities.
4. Projected long range requirements for existing water supply facilities and wastewater facilities.
5. The compatibility of existing land use plans with existing and long range requirements of water supply facilities and wastewater facilities.
6. Recommendations for improvements to existing water supply facilities and wastewater facilities.
(4) To recommend affordability standards for water supply facility and wastewater facility infrastructure projects. Each recommendation must reflect the goals of establishing fair rates that equitably distribute the costs of water supply facilities and wastewater facilities using public funds, based on usage, and relying on private firms to provide services if it is economical and in the public interest to do so.
(5) To review and recommend To DNREC and DHSS the payment of the Council's administrative and operating expenses.
(6) To make funding recommendations to the Secretary of DNREC and Secretary of DHSS regarding drinking water infrastructure and wastewater infrastructure projects that are considered ready to proceed.
(f) (1) A majority of the voting members must be present at a Council meeting in order to have a quorum and conduct official business. A vacant voting member position is not counted for quorum purposes.
(2) Each motion, the plan under paragraph (e)(1)a. of this section, the assessment under paragraph (e)(3) of this section, or a recommendation for a loan or grant under paragraph (e)(2) of this section may be adopted only by a majority of the voting members. A vacant voting member position is not counted under this paragraph.
(3) Council shall conduct a public meeting in each county prior to voting on the annual adoption of the water supply infrastructure and wastewater infrastructure plan under paragraph (e)(1)a. of this section.
(4) Council is subject to the applicable provisions of the Administrative Procedures Act (Chapter 101 of this title).
(g) Council shall work in concert with DNREC, DHSS, DelDOT, DDA, the Conservation Districts, the Delaware Geological Survey, the Public Service Commission, DOF, the Cabinet Committee on State Planning Issues, and any other appropriate department, agency, or committee focusing on statewide planning issues. Each agency shall provide reasonable staff time and resources as Council may require to fulfill Council's duties and responsibilities. Council shall also work in concert with the Water Resources Agency of New Castle County and each appropriate agency that a county may designate. DNREC and DHSS are the lead agencies in coordinating support for Council.
(h) (1) Council shall provide guidance and policy advice to the Governor and Secretaries and assist in the statewide effort to develop infrastructure programs related to water supply, drainage, stormwater management, and flood control. The guidance must include state-level direction to DNREC, 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.
(2) Council shall provide guidance to the State in improving the quality of customer service and reviewing annual localized work plans.
(i) Council shall assist in defining areas of responsibility among state and local agencies, and coordinating implementation and operations.
(j) Council shall assist the State in establishing a central response unit that DNREC coordinates to handle public calls relating to drainage, stormwater, and flood control.
(k) Council shall assist in the statewide effort for the development of sustainable program funding options.
(l) (1) Council shall assist in the development and evaluation of criteria for watershed-based plans for surface water management.
(2) Council shall assist in developing the priority needs for watershed plans.
(3) Council shall assist in developing a strategy for long term planning for future growth relating to surface water management. This strategy may include options for private-public partnerships for infrastructure improvement and regional solutions.
(m) The Council may adopt procedural rules to carry out its functions under this section.
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;  83 Del. Laws, c. 495, § 1;  84 Del. Laws, c. 233, § 60;