Title 29, State Government

§ 8059A. Delaware Energy Fund [Expires effective July 16, 2028, pursuant to 85 Del. Laws, c. 81, § 5]. (a) The Delaware Energy Fund is established and shall be administered by the Sustainable Energy Utility (SEU). (b) The Delaware Energy Fund will provide financial assistance for…

§ 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 restric…

§ 8061. Delaware Voluntary Clean Energy Financing Program based on property assessments (D-PACE) or other local assessments. (a) The General Assembly finds and declares that: (1) The production and efficient use of energy will continue to play a central role in the economic futur…

§ 8062. State electric vehicle charging infrastructure. (a) As used in this section: (1) “Agency” means as defined in § 6301 of Title 29. (2) “All-electric vehicle” means an electric vehicle that operates solely from an internal electric battery. (3) “Costs” means the costs assoc…

§ 8063. Electric School Bus Program. (a) To improve the health and safety of Delaware children and safeguard the environment, it is the goal of Delaware that 30% of school buses purchased by the State shall be electric vehicles in FY 2030. To this end, the Department of Education…

§ 8064. Electric vehicle rebate programs [For contingent repeal of this section, see 84 Del. Laws, c. 144, § 3]. (a) As used in this section: (1) “All-electric vehicle” means as defined in § 8062 of this title. (2) “Department” means the Delaware Department of Natural Resources a…

§ 8065. Residential electric vehicle supply equipment program. (a) As used in this section: (1) “Director” means the executive director of the Sustainable Energy Utility. (2) “Electric vehicle” means as defined in § 8062 of this title. (3) “Electric vehicle supply equipment” or “…

§ 8066. Large energy use facilities. (a) (1) A large energy use facility may not operate in this State unless the facility produces sufficient power or procures sufficient generation to meet 100% of the large energy use facility’s annual energy needs from a facility or facilities…

§ 8071. Purpose. The Delaware Native Species Commission is created to do all of the following: (1) Reverse the trend of decline and extinction of our local plant and animal native species. (2) Diligently pursue and perform those things necessary and proper in order that the recom…

§ 8072. Definition. For purposes of this subchapter: (1) “Appointed member” means an individual appointed by the Governor under § 8073(a)(2) of this title. (2) “Commission” means the Delaware Native Species Commission. (3) “DNREC” means the Department of Natural Resources and Env…

§ 8073. Commission membership; qualifications; term of office. (a) The Commission is composed of 19 members, as follows: (1) Six members serving by virtue of position, or a designee appointed by the member, as follows: a. The Secretary of the DNREC. b. The Secretary of the Depart…

§ 8074. Authority; staffing. (a) The Commission shall be placed within DNREC and shall have such powers, duties, and functions as described in this subchapter and such other duties and functions as may be referred to it by the Governor, the Secretary of DNREC, or the General Asse…

§ 8075. Chair and Vice Chair; selection and duties. (a) The Commission shall elect a Chair and Vice Chair at its first meeting and the Chair and Vice Chair shall serve until a replacement is elected. If the Chair becomes vacant, the Vice Chair shall fulfill the duties of the Chai…

§ 8076. Quorum and conduct of business. (a) A majority of the membership of the Commission constitutes a quorum to conduct official business. Official action by the Commission, including making findings and recommendations, requires the approval of a majority of the members of th…

§ 8077. Annual report. On or before December 31, 2018, and on or before every December 31 thereafter, the Commission shall submit to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives for distribution to the members of the Genera…

§ 8080. Short title. This act shall be known and may be cited as the “Clean Water for Delaware Act.” 83 Del. Laws, c. 84, § 1;

§ 8081. Legislative findings. (a) The General Assembly finds all of the following: (1) The waters of this State are among Delaware’s most basic and valuable resources and should be conserved and protected in a manner to realize their full benefits. (2) Delaware’s continued econom…

§ 8082. Clean Water Trust oversight. (a) To ensure coordination of the management of resources available for Clean Water Trust projects and other programs that impact the quality of the State’s water resources, the Clean Water Trust Oversight Committee (“Committee”) is establishe…

§ 8090. Short title. This subchapter shall be known and may be cited as the “Drinking Water Protection Act.” 83 Del. Laws, c. 253, § 1;

§ 8091. Purpose. This subchapter directs the Division of Public Health, in collaboration with the Department of Natural Resources and Environmental Control to establish state-level maximum contaminant levels (“MCL”) for certain contaminants found in public drinking water systems …

§ 8092. Definitions. As used in this subchapter: (1) “Department” means the Department of Natural Resources and Environmental Control. (2) “Division” means the Division of Public Health. (3) “Maximum contaminant level” means the legal threshold limit on the amount of a substance …

§ 8093. Maximum contaminant level. (a) The Division shall work in collaboration with the Department to establish a maximum contaminant level for PFOA and PFOS in public drinking water systems in accordance with evidence-based standards and assessments conducted by the United Stat…

§ 8094. Statewide survey. (a) The Department in collaboration with the Division shall conduct a statewide survey on PFAS in drinking water using standard laboratory methods for PFAS developed by the United States Environmental Protection Agency and supplemental methods that the D…

§ 8101. Establishment of Department of Agriculture. A Department of Agriculture is established having the following powers, duties and functions: (1) The Department of Agriculture may perform and shall be responsible for the performance of all of the powers, duties and functions …

§ 8102. Secretary; Deputy Secretary; Acting Secretary; appointment. (a) The administrator and head of the Department is the Secretary of the Department of Agriculture (“Secretary”), who must be a person qualified by training and experience to perform the duties of the office. (1)…

§ 8103. Powers, duties and functions of the Secretary. The Secretary may: (1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions the Harness Racing and Thoroughbred Racing Commissions and positions…

§ 8104. Division of Consumer Protection. The Division of Consumer Protection is established having such powers, duties and functions as may be assigned to it by the Secretary consistent with this chapter.29 Del. C. 1953, § 8104; 57 Del. Laws, c. 368, § 1; 67 Del. Laws, c. 52, § 6…

§ 8105. Division of Promotion and Production Support. The Division of Promotion and Production Support is established having such powers and duties and functions as may be assigned to it by the Secretary consistent with this chapter.29 Del. C. 1953, § 8105; 57 Del. Laws, c. 368, …

§ 8105A. The Division of Resource Management. The Division of Resource Management is established having such powers, duties and functions as may be assigned to it by the Secretary consistent with this chapter.67 Del. Laws, c. 52, § 8;

§ 8106. Council on Apple Promotion [Repealed]. Repealed by 65 Del. Laws, c. 174, § 2, effective July 12, 1985.

§ 8107. Council on Poultry Promotion [Repealed]. Repealed by 64 Del. Laws, c. 294, § 1, effective June 30, 1984.

§ 8107A. Council on Forestry. (a) There is established the Council on Forestry. (b) The Council on Forestry shall serve in an advisory capacity to the Director of the Division of Production and Promotion and shall consider matters relating to the protection of state forest lands …

§ 8108. Governor’s Council on Agriculture. (a) (1) There is established the Governor’s Council on Agriculture. (2) For the purposes of this section: a. “Council” means the Governor’s Council on Agriculture. b. “Department” means the Department of Agriculture. c. “Secretary” means…

§ 8109. Books; records; access; annual report. (a) The Governor’s Council on Agriculture shall have access to all books, records, reports and other documents relating to the Department of Agriculture unless otherwise prohibited by law. (b) The various councils of the divisions of…

§ 8110. Exemptions. The following positions set forth in this section shall be exempt from Chapter 59 of this title: (1) Secretary of Agriculture; (2) Deputy Secretary.29 Del. C. 1953, § 8110; 57 Del. Laws, c. 368, § 1; 67 Del. Laws, c. 52, §§ 9, 10;

§ 8111. Assumption of powers. The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the State Board of Agriculture, the State D…

§ 8112. 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 hereby transferred to the Department or to any division or subdivision thereof shall continue to exist with respect to such act…

§ 8113. Transfers and continuity. (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 hereby transferr…

§ 8114. Annual report. The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department’s operations and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.…

§ 8115. 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 De…

§ 8116. Budgeting and financing. (a) The Secretary, in cooperation with the Deputy Secretary, 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 withi…

§ 8117. Supremacy. All other laws or parts of laws now in effect inconsistent with this chapter are hereby 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, § 8118; 57 Del. Laws, c. 764, § 3…

§ 8201. Establishment of Department of Safety and Homeland Security. A Department of Safety and Homeland Security is established.29 Del. C. 1953, § 8201; 57 Del. Laws, c. 382, § 1; 74 Del. Laws, c. 110, § 138;

§ 8202. Secretary; division directors; Acting Secretary; appointment. (a) The administrator and head of the Department is the Secretary of the Department of Safety and Homeland Security (“Secretary”), who must be a person qualified by training and experience to perform the duties…

§ 8203. Powers, duties and functions of the Secretary. The Secretary may: (1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees; (2) Appoint, and fix the salary of, with the written …

§ 8204. Division of Alcohol, Tobacco, and Marijuana Enforcement. The Division of Alcohol, Tobacco, and Marijuana Enforcement is established having powers, duties and functions as set forth in Chapter 4 of Title 4 and the youth access to tobacco laws in §§ 1115 through 1127 of Tit…