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

In addition to legislation codifying the recommendations of the Clean Water & Flood Abatement Task Force, other important steps around clean water and clean-water infrastructure should be taken. This bill is intended to promote long-term freshwater security by facilitating private-sector investments in watershed enhancement projects designed to protect high-quality drinking water for Delaware. The bill provides that the Public Service Commission may allow a public utility to recover, in its rates, its reasonable incurred capital and ongoing operating costs for watershed enhancement projects that meet are: 1) confirmed as useful in protecting source water by the University of Delaware Water Resource Center; 2) placed into service; and 3) used and useful in the provision of public utility services within a 3-year period before a general rate case filing. The bill also provides that the Commission may authorize an allowance of funds used during the construction of such project. This bill is timely as private-sector entities are actively considering investments like these in areas that will improve Delaware’s water supply and freshwater resources, and in that Delaware advocates are receiving national recognition and funding for the development of these models.