Bill Text: DE HJR11 | 2015-2016 | 148th General Assembly | Draft
Bill Title: Directing The Department Of Natural Resources And Environmental Control To Allow A Deliberative Process To Review Alternative Stormwater Management Regulations And Satisfy The Regulatory Impact Requirements Contained In The Regulatory Flexibility Act.
Spectrum: Moderate Partisan Bill (Republican 19-4)
Status: (Engrossed - Dead) 2016-06-29 - Reported Out of Committee (NATURAL RESOURCES & ENVIRONMENTAL CONTROL) in Senate with 4 On Its Merits [HJR11 Detail]
Download: Delaware-2015-HJR11-Draft.html
|
SPONSOR: |
Rep. D. Short & Rep. Spiegelman & Rep. Wilson & Rep. Carson & Sen. Hocker & Sen. Pettyjohn; |
|
Reps. Hudson, Briggs King, Collins, Dukes, Gray, Hensley, Kenton, Miro, Outten, Yearick, Q. Johnson, Paradee, B. Short; Sens. Cloutier, Lavelle, Lawson |
|
HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
|
HOUSE JOINT RESOLUTION NO. 11 |
|
DIRECTING THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO ALLOW A DELIBERATIVE PROCESS TO REVIEW ALTERNATIVE STORMWATER MANAGEMENT REGULATIONS AND SATISFY THE REGULATORY IMPACT REQUIREMENTS CONTAINED IN THE REGULATORY FLEXIBILITY ACT. |
WHEREAS, in order to address and improve the protection of the State's waterways and property along the waterways from potential adverse consequences of improperly managed stormwater runoff and flooding, the Delaware Department of Natural Resources and Environmental Control (the "Department"), guided by the recommendations of the Governor's Task Force on Surface Water Management formed by Executive Order No 62 issued December 17, 2004, began the process of comprehensively changing and revising the State's stormwater management regulations and accompanying technical document (collectively together, the "Stormwater Regulations"); and
WHEREAS, it is recognized that a comprehensive revision to the Stormwater Regulations requires not only subject matter and technical expertise but an extensive, logical and thoughtful deliberative process which takes into account measures to achieve the desired environmental goals in a manner that is technically, scientifically and economically feasible.
WHEREAS, to assist and advise the Department in the comprehensive deliberative process required in this endeavor, a Regulatory Advisory Committee ("RAC") was established to include representatives of the regulated community and others affected by the revised Stormwater Regulations; and
WHEREAS, it is further recognized that the Stormwater Regulations have a wide ranging impact on the regulated community and others affected which include, but are not limited to, small and large scale farming operations, all aspects of the poultry industry, individual residential lot owners, residential and commercial developments, residential and commercial land developers, homeowners' associations, local governments, conservation districts, property appraisers, homebuilders, property managers, contractors, surveyors, realtors, landscape professionals and engineering professionals; and
WHEREAS, the methodology employed by the Department to implement the Stormwater Regulations relies heavily on a volume reduction approach which when applied in extensive areas of the State results in impossibility of compliance; and
WHEREAS, to address the reality of impossibility of compliance the Department has imposed without legislative authority a fee in lieu of compliance as well as other measures as a condition for granting approval to members of the public seeking to engage in land use activities; and
WHEREAS, the cost of obtaining approval from the Department for land use activities under the Stormwater Regulations is considerable and is ultimately passed on to the end users of the property; and
WHEREAS, the technical, scientific and economic feasibility of the Department's primary reliance on the volume reduction approach is seriously questioned by respected technical professionals, and adjustments to the approach based on recommendations of RAC would be beneficial.
NOW, THEREFORE:
BE IT RESOLVED by the House of Representatives and the Senate of the 148th General Assembly of the State of Delaware, with the approval of the Governor, that the Department pursue the following course of action:
1. Arrange for the Technical Committee and other interested members of RAC to meet separately for purposes of making comprehensive written recommendations to the Department for any modifications to the Stormwater Regulations which are considered technically feasible and cost effective in protecting the State's waterways.
2. Provide detailed written responses to the Technical Committee recommendations and attempt to reconcile any differences, including the use of an experienced and qualified independent private sector technical mediator to facilitate the process if necessary.
3. Allow for alternative non-volume based methods of stormwater management to achieve compliance and discontinue the use of the fee in lieu requirement for granting approvals under the Stormwater Regulations.
4. That with respect to the Stormwater Regulations and any proposed modifications the Department:
A. Promulgate the final Stormwater Regulations after public hearing in accordance with the provisions of the Administrative Procedures Act (29 Del.C. §10101 et seq.) and
B. Prepare and submit a regulatory impact statement for the Stormwater Regulations in accordance with the provisions of the Regulatory Flexibility Act (29 Del.C. §10401, et seq.).
5. The Department shall submit on or before June 1, 2016 a report to the Delaware legislature on the actions, activities and progress achieved in complying with the provisions of this House Joint Resolution.
SYNOPSIS
|
This resolution establishes and sets forth the understating that due to the complexity and wide ranging environmental, social and economic impact associated with a change to the State of Delaware stormwater management regulations and accompanying technical document, a deliberate process allowing for a review of alternatives is necessary to assure that the burden of compliance does not significantly outweigh environmental benefits.It is also necessary that the final stormwater regulations and technical requirements be subject to the public hearing process and satisfaction of the regulatory impact requirements contained in the Regulatory Flexibility Act |
