HOUSE OF REPRESENTATIVES

152nd GENERAL ASSEMBLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 434

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL AND TRANSPARENCY IN PUBLIC HEARINGS.

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.

(m) Notwithstanding any law, regulation, or policy to the contrary, the Secretary may require public hearings required by this section to follow all of the following procedures:

(1) Allow the public in-person attendance and opportunity to give public comment.

(2) May allow the public to virtually attend and give public comment in addition to in-person attendance and public comment.

(3) Allow all persons wanting to give public comment the opportunity to sign up at and during the public hearing to do so.

(4) All public hearings must be properly noticed.

(5) The time allowed for public comment must be 3 minutes unless in the judgment of the presiding hearing officer the number of persons desiring to give public comment is significant and necessitates placing a time limit thereon. In no event shall public comment be limited to less than 1 minute per person.

Section 2. This Act shall be effective August 1, 2024.

SYNOPSIS

This substitute bill requires the Secretary of DNREC to follow certain procedures when conducting public hearings, while giving discretion to the Secretary in choosing which hearings the procedures apply to.

The bill becomes effective August 1, 2024.