The General Assembly creates a permanent Utilities Coordination Council.
(1) The council shall consist of the following members, or a designee appointed by the member serving by virtue of position:
a. A Representative appointed by the Speaker of the House Representatives.
b. A Senator appointed by the President Pro Tempore of the Senate.
c. The Secretary of the Department of Transportation.
d. A Department of Transportation Utilities Engineer.
e. One representative from Delmarva Power Corporation.
f. One representative from Delaware Electric Cooperative.
g. One representative from Verizon Delaware LLC.
h. One representative from Chesapeake Utilities Corporation.
i. One representative from Artesian Water Company.
j. One representative from Comcast Corporation.
k. One representative from the Delaware Municipal Electric Corporation.
l. One representative from the Delaware Chapter of the National Association of Water Companies.
m. One representative from the American Council of Engineering Companies of Delaware.
(2) The Council shall:
a. Recommend and review best practices to shorten the total time to coordinate and implement utility relocations on transportation projects on Delaware's highways.
b. Consider all reasonable options for improvement and recommend any combination of proposed agreements, regulations, or legislation for consideration by the General Assembly.
c. Ensure that recommendations are implemented and hold the Department and utility companies accountable.
d. Resolve issues on specific projects that have or are experiencing utility delays.
(3) Meetings; quorum; officers; committees; procedure.
a. The Council must meet by December 30, 2021, and thereafter must meet at least 4 times each year. A majority of members present shall constitute a quorum.
b. The Secretary of the Department of Transportation will convene the initial meeting of the Council.
c. At the initial meeting of the Council, a Chairperson and Vice Chairperson are to be elected by the Council members. Thereafter, the Council will elect a Chairperson and Vice Chairperson biennially at the first meeting of the calendar year to serve a 2-year term. The Chairperson has the duty to convene and preside over meetings of the Council. The Vice Chairperson's duty is to act as chairperson in the absence of the Chairperson.
d. The Council may establish committees composed of Council members and other knowledgeable individuals as deemed advisable to assist in achieving the purposes of the Council.
e. The Council must submit a written report of its activities and recommendations to the Governor and General Assembly within 1 year of establishment of the Council and at least once every year thereafter.
Structure Delaware Code
Subchapter III. Jurisdiction, Powers and Duties of Department
§ 132. General powers and duties.
§ 133. Road improvements; additions to state system.
§ 135. Authority to construct dual and express highways.
§ 136. Improvements of roads leading to institutions.
§ 137. Acquisition and sale of real property.
§ 138. Acquisition of uneconomic remnants of land along right-of-way.
§ 139. Notice to landowners; written claim for damages.
§ 140. Educational and safety campaigns.
§ 141. Regulation of traffic; exceptions.
§ 142. Automobile for use of Governor.
§ 143. Expenses of alteration or relocation of facilities or structures of public utilities.
§ 144. Millsboro Pond Dam; construction and maintenance.
§ 145. Corridor capacity preservation.
§ 146. Access to state-maintained highways.
§ 147. Authority to establish standards for traffic-control devices.
§ 149. Authority to adopt regulations governing state land.