Bill Text: DE HB197 | 2011-2012 | 146th General Assembly | Draft

Delaware House Bill 197 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 7 Of The Delaware Code Relating To The Community Environmental Project Fund.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Passed) 2011-09-14 - Signed by Governor [HB197 Detail]

Download: Delaware-2011-HB197-Draft.html

SPONSOR:	Rep. Longhurst & Sen. McBride
	Reps. Lavelle, Mitchell, Schwartzkopf, Walker; Sen. Sokola

HOUSE OF REPRESENTATIVES

146th GENERAL ASSEMBLY

HOUSE BILL NO. 197

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE COMMUNITY ENVIRONMENTAL PROJECT FUND.

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

Section 1.Amend §6042(d), Title 7 of the Delaware Code by deleting the first two sentences in subsection (d) in their entirety and substituting in lieu thereof the following:

"Each civil or administrative penalty amount appropriated to the Fund shall be expended on Projects within the same community where the infraction or violation occurred that resulted in that particular civil or administrative penalty.The Secretary shall cause the records of the Fund to be kept in such a way as to ensure that each civil or administrative penalty amount remains associated with its respective infraction or violation, including the location where such infraction or violation occurred.A proposed Project is within the community where an infraction or violation occurred if the proposed Project is within a 10-mile radius of where the infraction or violation occurred or if the Secretary in his or her reasonable discretion determines, after consultation with the Community Involvement Advisory Council established under §8016A of Title 29, that the proposed Project is within the community where the violation or infraction occurred.".

SYNOPSIS

This Act provides that each civil or administrative penalty amount appropriated to the Community Environmental Project Fund will benefit the same community where the infraction or violation occurred that resulted in such penalty.A project benefits the same community if the project occurs within a 10-mile radius of where the infraction or violation occurred or if the Secretary of DNREC determines it is within the same community after consulting the Community Involvement Advisory Council.