Bill Text: DE HB442 | 2009-2010 | 145th General Assembly | Draft

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Bill Title: An Act To Amend Title 26 Of The Delaware Code Relating To Certificates Of Public Convenience And Necessity For Wastewater Treatment Utilities.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-06-09 - Reported Out of Committee (TRANSPORTATION/LAND USE AND INFRASTRUCTURE) in House with 5 On Its Merits [HB442 Detail]

Download: Delaware-2009-HB442-Draft.html

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SPONSOR:	Rep. Walls & Rep. Q. Johnson & Sen. Bunting
	Reps. Bennett, Brady, Briggs King, Carey, Hocker, Hudson, Jaques, J. Johnson, Lee, Longhurst, Miro, Mulrooney, Outten, Scott, B. Short, Thornburg, Wilson

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

HOUSE BILL NO. 442

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY FOR WASTEWATER TREATMENT UTILITIES.

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

Section 1.Amend §203D(b), Title 26 of the Delaware Code by striking the phrase "a service territory" in the third sentence thereof and replacing it with the phrase "an existing service territory".

Section 2.Further Amend §203D(b), Title 26 of the Delaware Code by adding a new sentence after the last sentence thereof as follows:

"In the case of an application premised on subsection (d)(3) of this section, for properties situated in New Castle County ("County") south of the Chesapeake and Delaware Canal and north of the Towns of Middletown and Odessa, the Commission shall grant a certificate of public convenience and necessity notwithstanding any objection of the County if:(i) the property has a zoning classification of Suburban (S) or a higher density zoning classification under the County's Unified Development Code at the time the application is submitted to the Commission, and (ii) the County does not have infrastructure in place such that it is ready, willing, and able to provide wastewater service to the parcels and properties listed in the application within five years after service is first requested.".

SYNOPSIS

This bill clarifies the intent of the General Assembly that wastewater utilities may not obtain a certificate of public convenience and necessity in the existing service territory of a government entity.This bill also addresses the practice by New Castle County of claiming a wide wastewater service territory but refusing to provide service and objecting to any application of a regulated wastewater utility for a certificate of public convenience and necessity from the Public Service Commission.The bill provides that landowners who have properties zoned for suburban growth in southern New Castle County shall have the option of obtaining service from a regulated utility if the County is not ready, willing, and able to provide service within five years.