Bill Text: DE HB122 | 2015-2016 | 148th General Assembly | Draft

Delaware House Bill 122 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 7 And Title 29 Of The Delaware Code Relating To The Powers Of The Department Of Natural Resources And Environmental Control.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2015-04-30 - Introduced and Assigned to Natural Resources Committee in House [HB122 Detail]

Download: Delaware-2015-HB122-Draft.html

SPONSOR:	Rep. Collins & Sen. Lopez;
	Rep. Briggs King; Sens. Bonini, Lavelle, Richardson

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE BILL NO. 122

AN ACT TO AMEND TITLE 7 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE POWERS OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL.

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

Section 1.Amend §6010, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§6010 Rules and regulations; plans.

(a) The Secretary may adopt, amend, modify or repeal rules or regulations, or plans, after public hearing, to effectuate the policy and purposes of this chapter. It is the intent of the Legislature that any action taken pursuant to this section be the implementation of enabling legislation.No such rule or regulation shall extend, modify or conflict with any law of this State or the reasonable implications thereof.

Section 2.Amend §8003, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§8003 Powers, duties and functions of the Secretary.

The Secretary may:

(7) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary to implement enabling legislation and which are not inconsistent with the laws of this State;

SYNOPSIS

This Bill establishes that it is the intent of the Legislature that regulations and rules adopted by DNREC be limited to the implementation of enabling legislation.