SPONSOR:	Rep. Brady & Rep. Potter & Sen. McDowell

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE BILL NO. 362

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES.

Section 1. Amend Title 26, Chapter 1, Subchapter IV of the Delaware Code by making deletions as shown by strike through and additions as shown by underline as follows:

§ 404. Location of residential gas regulators and gas meters

(a) Prior to the location or relocation of any residential gas regulator or gas meter, the public utility shall consult with each owner of the property as to their preference concerning the most suitable location for such devices, and the public utility shall give preference to locations that are least visibly prominent.

(b)(1) The public utility is hereby prohibited from installing any gas regulator or gas meter on the visible front of any residential property or visible sides of the property that face a public right-of-way, unless:

a. Permitted to do so by the owner; or

b. It is determined that there exists no prudent and feasible alternative to such location.

(2) In high-pressure systems, the gas regulator may be located in an unobtrusive exterior location that is not visible from a public right-of-way.

(1) For the purposes of this subsection "property located with a historic district" means "a certified historic property" as defined in § 1812, Title 30 of the Delaware Code.

(2) The public utility is hereby prohibited from installing gas regulators or gas meters on the exterior of property located within a historic district, unless:

a. Permitted to do so by the owner; and

b. Provided a certificate of appropriateness from the historic district commission of any municipality if such a commission has been created by the municipality pursuant to Chapter 3, Title 22 of the Delaware Code.

(3) In high pressure systems, the public utility may install gas regulators on the exterior of property, subject to the exterior location being approved by the owner and the historic district commission, if any.

(d) Obligations of residential property owners. –

(1) Each owner of any residential property within the interior of which a gas regulator or gas meter is located shall grant reasonable access to the public utility responsible for the maintenance of the regulator or meter in order to perform safety activities as required by law not less than every 36 months. Each owner of property with an interior gas regulator or gas meter shall be required to sign a consent form agreeing to the terms set forth in this subsection.

(2) Any owner which denies the public utility access to the gas regulator or gas meter shall be subject to termination of service, and the public utility is hereby authorized to relocate the gas regulator or gas meter to the exterior of the property.

(c) Any owner of residential property is hereby authorized to paint exterior gas regulators, but not the regulator vents, and gas meters in order to blend with color of the property, and may landscape in front of the regulator, meter, or both, in order to conceal the location thereof.

Section 2. This Act shall take effect upon its enactment into law and shall apply to residential gas regulator or gas meter installed on or after the effective date.