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Delaware House Democrats

House Passes Clean Water for Delaware Act to Invest in Drinking Water, Prevent Flooding, Tackle Contamination

April 1, 2021

DOVER – The House overwhelmingly passed monumental legislation Thursday that would invest millions of dollars to rebuild Delaware’s drinking water infrastructure, prevent flooding in vulnerable communities, and keep contamination out of our waterways.

Delaware’s economic vitality and overall health are contingent on strong water resources, with watersheds supporting more than 70,000 jobs and contributing up to nearly $7 billion to Delaware’s regional economy. However, the state is plagued by poor water quality, stormwater management issues and a backlog of fragmented infrastructure projects, threatening the quality of life of our residents and state.

Sponsored by House Majority Leader Rep. Valerie Longhurst, the Clean Water for Delaware Act would establish a Clean Water Trust account and increase funding for low-income and underserved communities, and require a comprehensive clean water report and strategic plan to ensure that priority projects are addressed in a timely fashion.

“For too long, Delaware has ignored the growing problems that have threatened a resource we simply cannot live without: water. The time to protect our waterways, support our stormwater systems and ensure clean, healthy drinking water to our residents is now,” said Rep. Longhurst, D-Bear. “This is an environmental justice issue. Clean water, safe waterways, solid infrastructure and adequate wastewater treatment should not be a luxury, and today we have taken a bold step forward, passing a bill that will have a lasting impact on our state.”

Under House Bill 200, a Clean Water Trust Fund Oversight Committee would be established to produce a comprehensive annual report accounting for sources and uses of funds for wastewater, stormwater and drinking water infrastructure, plus several other water-quality-related programs, such as drainage, beach preservation, waterway management, cover crop and tax ditches.

The Clean Water Trust would include appropriations in the Bond Bill for Safe Drinking Water, Water Pollution Control, and Resource Conservation and Development projects plus loan repayments, interest on invested funds and other funding made available for these purposes.

To help seed the trust, Governor John Carney has allocated $50 million in his fiscal 2022 recommended budget for clean water projects. This would include $22.5 million for safe drinking water, $22.5 million for water pollution control, and $5 million for resource conservation and development.

“This $50 million investment in a new Clean Water Trust Fund will help make sure all Delaware families have access to clean drinking water, and protect our most basic and valuable natural resource,” said Governor Carney. “This initiative also will place a special focus on those hard-to-serve communities across our state. Thank you to House Majority Leader Longhurst, Senate Majority Leader Townsend, the Delaware Nature Society and clean water advocates for your work and partnership on this important issue.”

Under HB 200, the Clean Water Trust Fund Oversight Committee would prepare an annually updated strategic plan, which would address multi-year water quality goals and progress, drinking water testing priorities for the state, and a prioritized list of proposed safe drinking water, wastewater infrastructure and resource conservation and development projects, including projects with increased accessibility to lower-income and traditionally underserved communities.

“Delaware has been waiting far too long for us to take this critical first-step in addressing the serious water quality and flooding issue quickly reaching crisis levels across our state,” said Senate Majority Leader Sen. Bryan Townsend, D-Newark/Bear, the bill’s lead Senate sponsor. “With nearly every waterway in the First State now considered impaired or polluted, consistent flooding and aging sewer systems in our communities and far too many of our neighbors lacking access to clean drinking water, this bill represents an important initial investment in our economy and the health of all Delawareans.”

A deep dive into Delaware’s water issues showed how the need for a clean water plan is paramount. Delaware’s list of impaired waters includes 377 bodies of water that suffer from excess nutrients, low dissolved oxygen, toxins and bacteria that negatively impact human and aquatic life. More than 100 miles of these waters have fish consumption advisories due to high PCBs, metals and pesticides.

The bill indicates that priority should be given to clean water projects that utilize green infrastructure and enhancement of natural systems to provide ecological benefits that improve water quality, demonstrate a high ratio of nutrient or pollution reduction to the amount of funding and improve of community resilience to extreme weather, sea level rise, and other climate impacts.

HB 200 now heads to the Senate for consideration.

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