Two days before the end of session this past June, Rep. Carson introduced HB 249 which seeks to update certain statutory fees utilized by the Delaware Department of Natural Resources and Environmental Control. The bill was assigned to the House Natural Resources and Energy Committee but received no further action. When Secretary Garvin was the keynote speaker for our summer Policy Builder Breakfast, he shared some information about why he is seeking to address the agency’s funding challenges now. A couple of weeks ago, Secretary Garvin and his leadership team held meetings throughout the state to share information regarding the legislation and answer questions from stakeholders. I attended the New Castle County session along with just two other people representing stakeholders.

At the stakeholder meeting, the Secretary stressed that 92% of the Department’s permitting and licensing fees have not been raised since 1991 or earlier and that the proposed increases in the legislation are based upon surrounding states’ rates, what other Delaware agencies are charging for similar work and actual administrative costs the Department incurs to issue permits and licenses. With that said, attempting to bring fees from a 1991 baseline to today’s dollars will get impacted industries attention.

Earlier this week, DNREC sent out an email with a link to a webpage explaining where the Department’s funding comes from and its reasoning for seeking the fee increases. On the webpage there are additional links to a DNREC fact sheet and a chart of fees by Division. The vast majority of fees do not appear to directly impact construction but with the list of fees running 14 pages, I wanted to be sure our members had the issue brought to their attention as we move toward the second leg of the 152^nd session of the Delaware General Assembly on January 9^th.

I believe there is potential that HB 249 will be replaced by a substitute bill and possibly a new prime sponsor. If a substitute bill is introduced, I will give it a read through and work to keep our members informed of any impactful changes. Feel free to contact me regarding this legislation or any other that you have questions about. DNREC also provided NotRaisedSince1991@delaware.gov as a place to direct questions or concerns regarding the proposed fee increases.