(a) There is hereby established the Governor's Energy Advisory Council.
(b) The Governor's Energy Advisory Council shall monitor Delaware's energy system, identify and propose actions to enhance Delaware's energy system, including actions to lessen the climate change impacts of Delaware's energy system, and provide counsel to the Governor on promoting an economic, reliable and competitive energy market for all Delaware consumers.
(c) The Governor's Energy Advisory Council shall be assigned the following responsibilities:
(1) [Repealed.]
(2) Providing recommendations to the State Energy Office on updates to the Delaware Energy Plan and Climate Action Plan every 5 years from date of enactment. The updating process shall include a process for public input and measures for progress in attaining goals identified in the plans.
(3) Monitoring federal, state and regional energy issues, identifying the impacts on Delaware and recommending actions and policies to the Governor and General Assembly in response to identified issues.
(4) Other duties as referred by the Governor.
(d) The Governor's Energy Advisory Council shall be composed of 25 members as follows:
(1) A Chair to be appointed by the Governor for a term of 3 years and who shall be eligible for re-appointment for terms of 3 years.
(2) Chair of the Public Service Commission or their designee.
(3) The Public Advocate or their designee.
(4) Chair of the Weatherization Assistance Program Policy Advisory Council or their designee.
(5) The Executive Director of the Delaware Sustainable Energy Utility or their designee.
(6) Fifteen members who shall be appointed by the Governor representing, to the extent possible, the following constituencies:
a. Five members shall be appointed for 3-year terms;
b. Five members shall be appointed for initial 2-year terms;
c. Five members shall be appointed for initial 1-year terms;
d. Thereafter, appointees shall serve for 3-year terms.
(7) The Secretaries of Transportation, Natural Resources and Environmental Control, and Agriculture or their designees shall serve as ex-officio members.
(8) One member of the Senate appointed by the President Pro Tempore of the Senate.
(9) One member of the House of Representatives appointed by the Speaker of the House of Representatives.
(e) An appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of the member's term shall be filled only for the remainder of that term. Members shall continue to serve after the expiration of their terms until they resign, are reappointed or are replaced.
(f) Members of the Advisory Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members in accordance with state law.
(g) The Chair of the Advisory Council may establish such subcommittees of the Advisory Council as the Chair determines would provide assistance to the Advisory Council in meeting its responsibilities. Any subcommittee shall be chaired by an Advisory Council member or their designee.
(h) A quorum of the Advisory Council is a majority of its members. A vacant position is not counted for quorum purposes. Official action by the Advisory Council requires the approval of a majority of the members present at a meeting with a quorum.
(i) The State Energy Office shall provide staff support to the Advisory Council.
(j) Annual report. —
On or before January 31, 2023, and on or before every January 31 thereafter, the Council shall submit an annual report to the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives for distribution to the members of the General Assembly, with a copy to the Director and the Legislative Librarian of the Division of Research of Legislative Council, and the Delaware Public Archives.
Structure Delaware Code
Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Subchapter II. The Delaware Energy Act
§ 8051. Short title; declaration of policy.
§ 8053. State Energy Office; State Energy Coordinator; establishment; powers and duties.
§ 8054. Cabinet Committee on Energy.
§ 8055. Governor's Energy Advisory Council.
§ 8058. Rules and regulations.