SPONSOR:	Rep. Hastings & Reps. Thornburg & Sen. Venables & Sen. Simpson;
	Reps. Spence, Carey, Ewing, Hocker, Hudson, Maier, Manolakos, Miro, Outten, D. Short, Valihura

HOUSE OF REPRESENTATIVES

144th GENERAL ASSEMBLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 376

AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO DELAWARE AGRICULTURAL LANDS PROTECTION.

WHEREAS, agriculture is one of the major contributors to Delaware’s economy, and the public has supported the preservation of agricultural lands where it is economically and practically possible and the State’s economy relies on preserving and sustaining farming in the State of Delaware; and

WHEREAS, farms that are no longer economically self sustaining are susceptible to foreclosure or sale for an alternative use; and

WHEREAS, agricultural lands are being developed for alternative uses that often reduce open space; and

WHEREAS, irrigation of agricultural lands is the number one use of water in this State; and

WHEREAS, the preservation of groundwater is a worthy and essential goal.

NOW THEREFORE:

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

Section 1. Amend Chapter 4, Title 3 of the Delaware Code by adding a new Section “§ 412” to read as follows:

“§ 412. Agricultural lands and use of treated wastewater effluent.

Notwithstanding any law or regulation to the contrary:

(1) Any agricultural lands which are actively being farmed shall have the right to receive, store in a storage pond and apply to such land and only such land treated wastewater effluent meeting land application regulations established by the Department of Natural Resources and Environmental Control (DNREC) without any State or political subdivision thereof requiring any conditional use permit, variances, or zoning approval for such use.

(2) Any agricultural lands in a land preservation or agricultural preservation program may be used for land application of treated wastewater effluent pursuant to paragraph (1) of this Section.”.