DELAWARE REGISTER OF REGULATIONS The Delaware Register of Regulations is an official State publication established by authority of 69 Del. Laws, c. 107 and is published on the first of each month throughout the year. The Delaware Register will publish any regulations that are proposed to be adopted, amended or repealed and any emergency regulations promulgated. The Register will also publish some or all of the following information: • Governor’s Executive Orders • Governor’s Appointments • Agency Hearing and Meeting Notices • Other documents considered to be in the public interest. CITATION TO THE DELAWARE REGISTER The Delaware Register of Regulations is cited by volume, issue, page number and date. An example would be: 9 DE Reg. 415-420 (09/01/05) Refers to Volume 9, pages 415-420 of the Delaware Register issued on September 1, 2005. SUBSCRIPTION INFORMATION The cost of a yearly subscription (12 issues) for the Delaware Register of Regulations is $135.00. Single copies are available at a cost of $12.00 per issue, including postage. For more information contact the Division of Research at 302-744-4114 or 1-800-282-8545 in Delaware. CITIZEN PARTICIPATION IN THE REGULATORY PROCESS Delaware citizens and other interested parties may participate in the process by which administrative regulations are adopted, amended or repealed, and may initiate the process by which the validity and applicability of regulations is determined. Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings. The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. At the conclusion of all hearings and after receipt, within the time allowed, of all written materials, upon all the testimonial and written evidence and information submitted, together with summaries of the evidence and information by subordinates, the agency shall determine whether a regulation should be adopted, amended or repealed and shall issue its conclusion in an order which shall include: (1) A brief summary of the evidence and information submitted; (2) A brief summary of its findings of fact with respect to the evidence and information, except where a rule of procedure is being adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to take no action and the decision shall be supported by its findings on the evidence and information received; (4) The exact text and citation of such regulation adopted, amended or repealed; (5) The effective date of the order; (6) Any other findings or conclusions required by the law under which the agency has authority to act; and (7) The signature of at least a quorum of the agency members. The effective date of an order which adopts, amends or repeals a regulation shall be not less than 10 days from the date the order adopting, amending or repealing a regulation has been pub­lished in its final form in the Register of Regulations, unless such adoption, amendment or repeal qualifies as an emergency under §10119. Any person aggrieved by and claiming the unlawfulness of any regulation may bring an action in the Court for declaratory relief. No action of an agency with respect to the making or consideration of a proposed adoption, amendment or repeal of a regulation shall be sub­ject to review until final agency action on the pro­posal has been taken. When any regulation is the subject of an enforcement action in the Court, the lawfulness of such regulation may be reviewed by the Court as a defense in the action. Except as provided in the preceding section, no judicial review of a regulation is available unless a complaint therefor is filed in the Court within 30 days of the day the agency order with respect to the regulation was published in the Register of Regulations. CLOSING DATES AND ISSUE DATES FOR THE DELAWARE REGISTER OF REGULATIONS ISSUE CLOSING CLOSING DATE DATE TIME MARCH 1 FEBRUARY 15 4:30 P.M. APRIL 1 MARCH 15 4:30 P.M. MAY 1 APRIL 15 4:30 P.M. JUNE 1 MAY 15 4:30 P.M. JULY 1 JUNE 15 4:30 P.M. DIVISION OF RESEARCH STAFF: Deborah A. Porter, Interim Supervisor; Kathleen Morris, Unit Operations Support Specialist; Jeffrey W. Hague, Registrar of Regulations; Steve Engebretsen, Assistant Registrar; Victoria Schultes, Administrative Specialist II; Lady Johnson, Administrative Specialist I; Rochelle Yerkes, Administrative Specialist II; Ruth Ann Melson, Legislative Librarian; Debbie Puzzo, Research Analyst; Judi Abbott, Administrative Specialist I; Alice W. Stark, Legislative Attorney; Ted Segletes, Paralegal; Deborah J. Messina, Print Shop Supervisor; Marvin L. Stayton, Printer; Don Sellers, Printer. TABLE OF CONTENTS Cumulative Tables................................................. ....... 1118 PROPOSED DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL OFFICE OF THE SECRETARY 104 Green Energy Fund Regulation...................... ....... 1125 DIVISION OF FISH AND WILDLIFE Tidal Finfish Regulations: 3507 Black Sea Bass Size Limit; Trip Limits; Seasons’ Quotas...................................... ....... 1139 3511 Summer Flounder Size Limits; Possession Limits; Season......................................... ....... 1139 DEPARTMENT OF STATE DIVISION OF PROFESSIONAL REGULATION 300 Board of Architecture................................... .........1142 2000 Board of Occupational Therapy................... .........1143 PUBLIC SERVICE COMMISSION Reg. Docket No. 15, Concerning the Terms and Conditions Under Which Water Utilities Require Advances and/or Contributions In-Aid-Of Construction from Customers or Developers, and the Proper Ratemaking Treatment for such Contributions and Advances......................... .........1145 Reg. Docket No. 52, Relating to the Adoption of Rules to Govern Remedies Available in the Event of Alleged Beaches of Interconnection Agreements Between Regulation Docket Telecommunications Carriers.......................................................... .........1161 DEPARTMENT OF TRANSPORTATION DIVISION OF MOTOR VEHICLES Driver and Vehicle Services, Repeal of Certain Regulations..................................................... .........1163 FINAL DEPARTMENT OF EDUCATION OFFICE OF THE SECRETARY 101 Delaware Student Testing Program................ ...... ..1175 235 Teacher of the Year Award............................. ...... ..1182 710 Public School Employees Work Day.............. ...... ..1183 PROFESSIONAL STANDARDS BOARD 1518 Special Institute for Teacher Licensure and Certification................................................... ...... ..1184 DEPARTMENT OF ELECTIONS FOR NEW CASTLE COUNTY Security and Integrity of the Absentee Voting Process ........................................................... ...... ..1187 DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Withdrawal of Long Term Care Medicaid, Definitions, Institutionalized Spouse and Community Spouse......................................... ...... ..1187 DIVISION OF PUBLIC HEALTH 4202 Control of Communicable and Other Disease Conditions...................................................... ...... ..1188 4466 Radiation Technologists/Technicians (Certification)................................................ ...... ..1213 DIVISION OF SOCIAL SERVICES Delaware Temporary Assistance for Needy Families (TANF) State Plan Renewal............ ...... ..1214 Delaware Temporary Assistance for Needy Families (TANF) DSSM 3004.1.1 Joint Custody ..1235 Refugee Cash Assistance; 8028.1 Self-Employment Income Standard Deduction........................... ...... ..1237 DEPARTMENT OF INSURANCE 504 Continuing Education for Insurance Agents, Brokers, Surplus Lines Brokers and Consultants . ..1239 607 Defensive Driving Course Discount (Automobiles and Motorcycles)..................... ...... ..1244 TABLE OF CONTENTS DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF WASTE RESOURCES Regulations Governing Storm Water Discharges Associated with Industrial Activities............. .........1250 DEPARTMENT OF STATE DIVISION OF PROFESSIONAL REGULATION 1400 Board of Electrical Examiners..................... .........1252 2500 Board of Pharmacy....................................... .........1253 3700 Board of Examiners of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers..................................................... .........1267 GOVERNOR Executive Order No. 77: Regarding State Employee Obligations and Compensation During Severe Weather Conditions and Emergencies........... .........1269 Executive Order No. 78: Regarding Implementation Of Financial Management Measures For The Department Of Transportation And The Transportation Trust Fund............................. .........1271 Executive Order No. 79: Establishing A Governance Structure For The Delaware Veterans’ Home.........1272 Appointments........................................................ .........1274 GENERAL NOTICE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF AIR AND WASTE MANAGEMENT 2006, 2007 and 2008 Clean Air Act Title V and Synthetic Minor Operating Permit Program Fees.......... .........1277 CALENDAR OF EVENTS/HEARING NOTICES Delaware River Basin Commission, Notice of Public Hearing and Business Meeting............ ...... ..1282 State Board of Education Monthly Meeting.......... ...... ..1282 Dept. of Natural Resources and Environmental Control, Office of the Secretary, Green Energy Fund Regulation, Notice of Public Hearing............................................. ........ .... 1282 Div. of Fish and Wildlife, Tidal Finfish Regulations 3507 Black Sea Bass Size Limit; Trip Limits; Seasons’ Quotas and 3511 Summer Flounder Size Limits; Possession Limits; Season, Notice of Public Hearing ..... ..1282 Dept. of State, Div. of Professional Regulation Board of Architecture, Notice of Public Hearing.................................................... ...... 1283 Board of Occupational Therapy, Notice of Public Hearing..................................... ...... ..1283 Public Service Commission, Reg. Docket No. 15, Notice of Public Hearing......................... ...... ..1283 Public Service Commission, Reg. Docket No. 52, Notice of Public Hearing......................... ...... ..1284 Dept. of Transportation, Div. of Motor Vehicles, Notice of Public Comment Period.................. ...... ..1285 CUMULATIVE TABLES The table printed below lists the regulations that have been proposed, adopted, amended or repealed in the preceding issues of the current volume of the Delaware Register of Regulations. The regulations are listed alphabetically by the promulgating agency, followed by a citation to that issue of the Register in which the regulation was published. Proposed regulations are designated with (Prop.); Final regulations are designated with (Final); Emergency regulations are designated with (Emer.); and regulations that have been repealed are designated with (Rep.). DELAWARE COUNCIL ON POLICE TRAINING Minimum Standards for Firearms Qualifications.......................................................................... 9 DE Reg. 488 (Prop.) 9 DE Reg. 768 (Final) DELAWARE RIVER BASIN COMMISSION Proposed Amendment to the Basin Regulations Water Supply Charges and Comprehensive Plan Relating to Certificates of Entitlement........................................................................... 9 DE Reg. 674 (Prop.) DEPARTMENT OF ADMINISTRATIVE SERVICES DIVISION OF PROFESSIONAL REGULATION Moved to Department of State, 75 Del. Laws, Ch. 88, June 30, 2005. PUBLIC SERVICE COMMISSION Moved to Department of State, 75 Del. Laws, Ch. 88, June 30, 2005. DEPARTMENT OF AGRICULTURE OFFICE OF THE SECRETARY 101 On-Farm Home Food Processing Operations.................................................................. 9 DE Reg. 12 (Prop.) 9 DE Reg. 1057 (Final)225 Prohibition of Discrimination.......................................................................................... 9 DE Reg. 676 (Prop.) 525 Requirements for Career-Technical Education Programs .............................................. 9 DE Reg. 677 (Prop.) HARNESS RACING COMMISSION 502 Delaware Standardbred Breeders’ Fund.......................................................................... 9 DE Reg. 111 (Final) Rule 8, Veterinary Practices, Equine Health Medications...................................................... 9 DE Reg. 491 (Prop.) 9 DE Reg. 1031 (Prop.)9 DE Reg. 1066 (Final) NUTRIENT MANAGEMENT 1201 Nutrient Management Certification Regulations........................................................... 9 DE Reg. 305 (Prop.) 9 DE Reg. 966 (Final) DEPARTMENT OF EDUCATION OFFICE OF THE SECRETARY 101 Delaware Student Testing Program................................................................................. 9 DE Reg. 839 (Prop.) 106 Teacher Appraisal Process Delaware Performance Appraisal System (DPAS II)........... 9 DE Reg. 533 (Final) 107 Specialist Appraisal Process Delaware Performance Appraisal System (DPAS II)........ 9 DE Reg. 539 (Final) 225 Prohibition of Discrimination.......................................................................................... 9 DE Reg. 1069 (Final) 235 Teacher of the Year Award.............................................................................................. 9 DE Reg. 846 (Prop.) 275 Charter Schools................................................................................................................ 9 DE Reg. 19 (Prop.) 9 DE Reg. 387 (Final) 396 Private Business and Trade Schools................................................................................ 9 DE Reg. 493 (Prop.) 9 DE Reg. 967 (Final) 405 Minor Capitol Improvement Program............................................................................. 9 DE Reg. 496 (Prop.) 9 DE Reg. 970 (Final) 525 Requirements for Career-Technical Education Programs................................................ 9 DE Reg. 1070 (Final) CUMULATIVE TABLES 710 Public School Employees Work Day............................................................................... 9 DE Reg. 847 (Prop.) 716 Maintenance of Local School District Personnel Records.............................................. 9 DE Reg. 27 (Prop.) 727 Credit for Experience for Educators and for Secretarial Staff......................................... 9 DE Reg.9 DE Reg. 395 (Final) 28 (Prop.) 9 DE Reg. 396 (Final) 764 (Previously 364) Credentials for an Interpreter Tutor for the Deaf and Hard of Hearing 9 DE Reg. 113 (Final) 765 (Previously 365) Credentials for a Resident Advisor in the Statewide Programs for Autism and for the Deaf and Hard of Hearing................................................................ 9 DE Reg. 115 (Final) 920 Educational Programs for Students with Limited English Proficiency........................... 9 DE Reg. 30 (Prop.) 930 Supportive Instruction (Homebound).............................................................................. 9 DE Reg. 398 (Final) 9 DE Reg. 34 (Prop.) 1006 Delaware Interscholastic Athletic Association (DIAA)................................................ 9 DE Reg. 402 (Final) 9 DE Reg. 117 (Final) 1008 DIAA Junior High/Middle School Interscholastic Athletics ........................................ 9 DE Reg. 124 (Final) 1009 DIAA Senior High School Interscholastic Athletics..................................................... 9 DE Reg. 126 (Final) 1105 School Transportation.................................................................................................... 9 DE Reg. 35 (Prop.) PROFESSIONAL STANDARDS BOARD 9 DE Reg. 404 (Final) 310 Certification Administrative Supervisor/Reading Coordinator .................................... 9 DE Reg. 679 (Prop.) 324 Driver Education and Traffic Safety Education Teacher................................................. 9 DE Reg. 1072 (Final) 9 DE Reg. 46 (Prop.) 332 Certification Technology Education Teacher................................................................... 9 DE Reg. 49 (Prop.) 370 Certification Teacher of Autistic/Severely Disabled Children........................................ 9 DE Reg. 51 (Prop.) 1513 Denial of Licenses.........................................................................................................9 DE Reg. 138 (Final) 1514 Revocation of Licenses and Certificates........................................................................ 9 DE Reg. 553 (Final) 1515 Emergency Certificate................................................................................................... 9 DE Reg. 555 (Final) 1516 Standard Certificate.......................................................................................................9 DE Reg. 849 (Prop.) 1518 Special Institute for Teacher Licensure and Certification.............................................. 1519 Alternative Routes to Teacher Licensure and Certification........................................... 1522 Standard Certificate Business Education Teacher......................................................... 1528 Standard Certificate Foreign Language Teacher Comprehensive.................................. 1529 Standard Certificate Foreign Language Teacher Secondary, Repeal of......................... 1533 Standard Certificate Foreign Language Teacher Elementary, Repeal of....................... 1544 Art Teacher Elementary................................................................................................. 1545 Art Teacher Secondary................................................................................................... 1549 Music Teacher Elementary............................................................................................ 1550 Music Teacher Secondary.............................................................................................. 1552 Physical Education Teacher Elementary........................................................................ 1553 Physical Education Teacher Secondary......................................................................... 1564 Standard Certificate Driver Education and Traffic Safety Education Teacher.............. 1565 Standard Certificate School-To-Work Transition Teacher............................................ 1568 Standard Certificate Technology Education Teacher..................................................... 1571 Standard Certificate Teacher of Students with Autism or Severe Disabilities.............. 1584 Permits Paraeducators.................................................................................................... 9 DE Reg. 498 (Prop.) 9 DE Reg. 852 (Prop.)9 DE Reg. 501 (Prop.) 9 DE Reg. 971 (Final) 9 DE Reg. 504 (Prop.) 9 DE Reg. 54 (Prop.) 9 DE Reg. 558 (Final) 9 DE Reg. 57 (Prop.) 9 DE Reg. 58 (Prop.) 9 DE Reg. 680 (Prop.) 9 DE Reg. 1073 (Final) 9 DE Reg. 680 (Prop.) 9 DE Reg. 1073 (Final) 9 DE Reg. 680 (Prop.) 9 DE Reg. 1073 (Final) 9 DE Reg. 680 (Prop.) 9 DE Reg. 1073 (Final)9 DE Reg. 680 (Prop.) 9 DE Reg. 1073 (Final) 9 DE Reg. 680 (Prop.) 9 DE Reg. 545 (Final) 9 DE Reg. 136 (Final) 9 DE Reg. 547 (Final) 9 DE Reg. 550 (Final) 9 DE Reg. 139 (Final) 9 DE Reg. 232 (Final) CUMULATIVE TABLES DEPARTMENT OF ELECTIONS FOR NEW CASTLE COUNTY OFFICE OF THE SECRETARY Security and Integrity of the Absentee Voting Process........................................................... 9 DE Reg. 855 (Prop.) DEPARTMENT OF FINANCE DIVISION OF REVENUE Abandoned or Unclaimed Property Voluntary Disclosure Agreement and Audit Programs 9 DE Reg. 771 (Final) DEPARTMENT OF HEALTH AND SOCIAL SERVICES DIVISION OF MEDICAID AND MEDICAL ASSISTANCE Chronic Renal Disease Program............................................................................................. 9 DE Reg. 860 (Prop.) Estate Recovery Program........................................................................................................ 9 DE Reg. 684 (Prop.) 9 DE Reg. 1074 (Final) Liens and Adjustments or Recoveries.................................................................................... 9 DE Reg. 684 (Prop.) 9 DE Reg. 1076 (Final) Long Term Care Medicaid...................................................................................................... 9 DE Reg. 521 (Prop.) 9 DE Reg. 996 (Final) 9 DE Reg. 859 (Prop.) Long Term Care Nursing Facilities......................................................................................... 9 DE Reg. 509 (Prop.) 9 DE Reg. 978 (Final) Medicare Part D Prescription Drug Program.......................................................................... 9 DE Reg. 319 (Prop.) 9 DE Reg. 775 (Final) Pharmaceutical Services, Mail Order Pharmacy Services...................................................... 9 DE Reg. 508 (Prop.) Pharmaceutical Services, Multi-State Pooling Rebate Program............................................. 9 DE Reg. 506 (Prop.) 9 DE Reg. 975 (Final)Title XIX Medicaid State Plan Inpatient Hospital Services................................................... 9 DE Reg. 326 (Prop.) 9 DE Reg. 783 (Final)DIVISION OF PUBLIC HEALTH 4202 Control of Communicable and Other Disease Conditions............................................. 9 DE Reg. 861 (Prop.) 4406 Home Health Agencies (Licensure)............................................................................... 9 DE Reg. 880 (Prop.) 4462 Public Drinking Water Systems..................................................................................... 9 DE Reg. 59 (Prop.) 9 DE Reg. 306 (Prop.) 9 DE Reg. 999 (Final) 4466 Radiation Technologists/Technicians (Certification ................................................... 9 DE Reg. 902 (Prop.) 4468 Delivery of Hospice Services........................................................................................ 9 DE Reg. 415 (Final) 4469 Regulations Governing a Detailed Plumbing Code....................................................... 9 DE Reg. 307 (Prop.) 9 DE Reg. 786 (Final)DIVISION OF SOCIAL SERVICES Child Care Development Fund State Plan for the period October 1, 2004 through September 30, 2005......................................................................................................... 9 DE Reg. 562 (Final) Child Care Subsidy Program.................................................................................................. 9 DE Reg. 931 (Prop.) Delaware Temporary Assistance for Needy Families (TANF) State Plan Renewal............... 9 DE Reg. 907 (Prop.) Food Stamp Program..............................................................................................................9 DE Reg. 691 (Prop.) 9 DE Reg. 1077 (Final)Food Stamp Program, Sections 9016.2, 9039.1, 9041.1, 9063.1, 9078.1 and 9079.1............ 9 DE Reg. 800 (Final) Title XIX Medicaid State Plan, Pages 2-7, Attachment 1.2-A, Attachment 1.2-B, Attachment 1.2-C and Attachment 1.2-D........................................................................ 9 DE Reg. 802 (Final) DSSM: 1005 Case Record Maintenance and Retention............................................................... 9 DE Reg. 523 (Prop.) 9 DE Reg. 1001 (Final) 3004.1.1 TANF Joint Custody......................................................................................... 9 DE Reg. 928 (Prop.) 3006 TANF Employment and Training........................................................................... 9 DE Reg. 1033 (Prop.) 3006.6 Senate Bill 101- 1999 and Employment & Training Activities.. ............... 9 DE Reg. 328 (Prop.) CUMULATIVE TABLES 3006.6 Senate Bill 101- 1999 and Employment & Training Activities......................... 9 DE Reg. 798 (Final) 4002 Resources................................................................................................................ 9 DE Reg. 1034 (Prop.) 4004 Earned Income....................................................................................................... 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final)8028.1 Sources of Earned Income................................................................................... 9 DE Reg. 930 (Prop.) 9059 Income Exclusions.................................................................................................. 9 DE Reg. 60 (Prop.) 9 DE Reg. 426 (Final)9 DE Reg. 477 (Errata) 9074 Self Employment Income...................................................................................... 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final)9075 Procedures for Calculating Income Which Can Be Annualized............................ 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final)9093 Electronic Benefit Transfer (EBT)......................................................................... 9 DE Reg. 235 (Final) 11000 Child Care Subsidy Program................................................................................ 9 DE Reg. 175 (Prop.) 11003 Eligibility Requirements....................................................................................... 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final)14960 Establishing a Cumulative Maximum on Pharmacy Co-Payments...................... 9 DE Reg. 164 (Emer.) 9 DE Reg. 173 (Prop.) 9 DE Reg. 569 (Final)15120 Low Income Families With Children Under Section 1931................................. 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final)16230 Financial Eligibility.............................................................................................. 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final)17300 Qualified Medicare Beneficiaries ....................................................................... 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final)20103 Financial Eligibility Determination...................................................................... 9 DE Reg. 521 (Prop.) 20200 Excluded Income.................................................................................................. 9 DE Reg. 239 (Final) 20210 Types of Income................................................................................................... 9 DE Reg. 168 (Prop.) 9 DE Reg. 564 (Final)20310 Reparations........................................................................................................... 9 DE Reg. 239 (Final) 20700.4.5 Illness or Hospitalization................................................................................ 9 DE Reg. 522 (Prop.) 9 DE Reg. 998 (Final) 20810 Treatment of Couples in Medical Assistance....................................................... 9 DE Reg. 142 (Final) 20910.10, Community Spouse Resource Allowance...................................................... 9 DE Reg. 70 (Prop.) 20950 Initial Eligibility Determinations.......................................................................... 9 DE Reg. 70 (Prop.) Child Care Subsidy Program.................................................................................................. 9 DE Reg. 572 (Final) Pharmaceutical Services Program.......................................................................................... 9 DE Reg. 6 (Emer.) 9 DE Reg. 73 (Prop.) Refugee Cash Assistance........................................................................................................ 9 DE Reg. 930 (Prop.) State Plan for Child Care Development Fund for the period October 1, 2003 through September 30, 2005......................................................................................................... 9 DE Reg. 167 (Prop.) Title XIX Medicaid State Plan: Attachment 2.6-A, Page 26a (New Page) and Supplement 13 to Attachment 2.6A;......................................................................................................... 9 DE Reg. 70 (Prop.) Title XIX Medicaid State Plan, Attachment 3.1-A, Page 5 Addendum, 5a Addendum, 5b Addendum........................................................................................................................9 DE Reg. 420 (Final) Title XIX Medicaid State Plan, Establishing a Cumulative Maximum on Pharmacy Copayments..................................................................................................................... 9 DE Reg. 164 (Emer.) 9 DE Reg. 173 (Prop.) 9 DE Reg. 569 (Final) DEPARTMENT OF INSURANCE 504 Continuing Education for Insurance Agents, Brokers, Surplus Lines Brokers and Consultants............................................................................................................................. 9 DE Reg. 939 (Prop.) CUMULATIVE TABLES 607 Defensive Driving Course Discount (Automobiles and Motorcycles)................................... 9 DE Reg. 524 (Prop.) 607 Defensive Driving Course Discount (Automobiles and Motorcycles)................................... 9 DE Reg. 944 (Prop.) 702 Required Disclosures for Residential Homeowners............................................................... 9 DE Reg. 438 (Final) 703 Prohibited Practices Related to the Nonrenewal of Residential Homeowners Policies......... 9 DE Reg. 196 (Prop.) 9 DE Reg. 593 (Final)907 Records Relating to Consumer Complaints............................................................................ 9 DE Reg. 197 (Prop.) 9 DE Reg. 595 (Final)1214 Senior Protection In Annuity Transactions........................................................................... 9 DE Reg. 693 (Prop.) 9 DE Reg. 1081 (Final)1310 Standards for Prompt, Fair and Equitable Settlement of Claims for Health Care Services.......................................................................................................................... 9 DE Reg. 240 (Final) DEPARTMENT OF LABOR DIVISION OF EMPLOYMENT AND TRAINING 106 Apprenticeship and Training Regulations........................................................................ 9 DE Reg. 199 (Prop.) 9 DE Reg. 806 (Final) DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL DIVISION OF AIR & WASTE MANAGEMENT 1102 Permits........................................................................................................................... 9 DE Reg. 207 (Prop.) 9 DE Reg. 1084 (Final)1144 Control of Stationary Generator Emissions................................................................... 9 DE Reg. 207 (Prop.) 9 DE Reg. 1084 (Final)1125 Requirements for Preconstruction Review.................................................................... 9 DE Reg. 246 (Final) 1201 Accidental Release Prevention Regulation.................................................................... 9 DE Reg. 696 (Prop.) DIVISION OF FISH & WILDLIFE Shellfish: 3210 Horseshoe Crab Reporting Requirements.............................................................. 9 DE Reg. 9 (Emer.) DIVISION OF WATER RESOURCES 5102 Regulation Governing Beach Protection and the Use of Beaches ............................... 9 DE Reg. 737 (Prop.) 7203 Regulations Governing the Control of Water Pollution, Section 9.4, Concentrated Animal Feeding Operation.............................................................................................. 9 DE Reg. 440 (Final) 7410 TMDL’s for the Naamans Creek Watershed.................................................................. 9 DE Reg. 224 (Prop.) 9 DE Reg. 1002 (Final) 7411 TMDL’s for the Shellpot Creek Watershed.................................................................... 9 DE Reg. 224 (Prop.) 7412 TMDL’s for the Chester River....................................................................................... 9 DE Reg. 529 (Prop.) 9 DE Reg. 1102 (Final)7413 TMDL’s for the Choptank River.................................................................................... 9 DE Reg. 529 (Prop.) 9 DE Reg. 1002 (Final)7414 TMDL’s for the Marshyhope Creek............................................................................... 9 DE Reg. 529 (Prop.) 9 DE Reg. 1002 (Final)7415 TMDL’s for the Pocomoke River Watersheds............................................................... 9 DE Reg. 529 (Prop.) 9 DE Reg. 1002 (Final)Regulations Governing Storm Water Discharges Associated with Industrial Activities........ 9 DE Reg. 329 (Prop.) DEPARTMENT OF STATE DIVISION OF PROFESSIONAL REGULATION 1100 Board of Dental Examiners............................................................................................ 9 DE Reg. 77 (Final) 9 DE Reg. 1036 (Prop.) 1400 Board of Electrical Examiners....................................................................................... 9 DE Reg. 260 (Final) 9 DE Reg. 949 (Prop.)1900 Board of Nursing...........................................................................................................9 DE Reg. 226 (Prop.) 9 DE Reg. 815 (Final) CUMULATIVE TABLES 2000 Board of Occupational Therapists................................................................................. 9 DE Reg. 598 (Final) 2500 Board of Pharmacy........................................................................................................ 9 DE Reg. 85 (Final) 9 DE Reg. 951 (Prop.)2930 Council on Real Estate Appraisers................................................................................ 9 DE Reg. 1040 (Prop.) 3000 Board of Mental Health and Chemical Dependency Professionals............................... 9 DE Reg. 231 (Prop.) 9 DE Reg. 1106 (Final)3100 Board of Funeral Services.............................................................................................. 9 DE Reg. 262 (Final) 3500 Board of Examiners of Psychologists............................................................................ 9 DE Reg. 373 (Prop.) 9 DE Reg. 452 (Final) 9 DE Reg. 487 (Errata) 9 DE Reg. 1107 (Final) 3600 Board of Registration of Geologists.............................................................................. 9 DE Reg. 456 (Final) 3700 Board of Examiners of Speech/Language Pathologists, Audiologists & Hearing Aid Dispensers........................................................................................................................ 9 DE Reg. 964 (Prop.) 3900 Board of Clinical Social Work Examiners..................................................................... 9 DE Reg. 265 (Final) 5200 Board of Nursing Home Administrators........................................................................ 9 DE Reg. 104 (Final) OFFICE OF THE STATE BANKING COMMISSIONER 904 Exceptions to Tying Restrictions..................................................................................... 9 DE Reg. 532 (Prop.) 9 DE Reg. 1004 (Final) PUBLIC SERVICE COMMISSION Regulation Docket No. 10, Sale, Resale and Other Provisions of Intrastate Telecommun­ications Services.............................................................................................................. 9 DE Reg. 375 (Prop.) Regulation Docket No. 45, Development of Regulations for the Facilitation of Competitive Entry into the Telecommunications Local Exchange Servicemarket.............................. 9 DE Reg. 375 (Prop.) Regulation Docket No. 50, The Consideration of Rules, Standards, and Indices to Ensure Reliable Electrical Service by Electric Distribution Companies.................................... 9 DE Reg. 756 (Prop.) Regulation Docket No. 55, Regarding the Minimum Standards for Service Provided by Public Wastewater Utilities Subject to the Jurisdiction of the Delaware Public Service Commission..................................................................................................................... 9 DE Reg. 105 (Final) Regulation Docket No. 56, Notice of Proposed Rule-making and Public Hearing Concerning Renewable Energy Portfolio Standards........................................................................... 9 DE Reg. 1049 (Prop.) DEPARTMENT OF TRANSPORTATION DIVISION OF PLANNING AND POLICY Delaware Bicycle Facility Master Plan.................................................................................. 9 DE Reg. 607 (Final) GOVERNOR’S OFFICE Appointments ................................................................................................................................ 9 DE Reg. 47 9 DE Reg. 268 9 DE Reg. 459 9 DE Reg. 620 9 DE Reg. 1008 Executive Order No. 68, Establishing the Health Disparities Task Force..................................... 9 DE Reg. 144 Executive Order No. 69, Establishing a Committee to Recommend Options for Providing Additional Funding to, and Accelerating the Construction of, Needed Improvements Overseen by the Delaware Department of Transportation ..................................................... 9 DE Reg. 145 Executive Order No. 70, State Employees and the Right to Organization and Effective Union Representation........................................................................................................................ 9 DE Reg. 458 Executive Order No. 71, Directing the Delaware Emergency Management Agency to Organize Volunteers for Response Efforts Involving Hurricane Katrina and its Aftermath.................. 9 DE Reg. 620 Executive Order No. 72, Declaring a State of Emergency Due to Hurricane Katrina CUMULATIVE TABLES and its Aftermath.................................................................................................................... 9 DE Reg. 821 Executive Order No. 73, Establishing a Delaware Healthy Mother and Infant Consortium ........ 9 DE Reg. 821 Executive Order No. 74, Directing the Delaware Emergency Management Agency to Organize Volunteers for Response Efforts Involving Hurricane Rita and Its Aftermath ..................... 9 DE Reg. 822 Executive Order No. 75, Establishing the Governor’s Mentoring Initiative................................. 9 DE Reg. 822 Executive Order No. 76, Regarding Management of Labor Relations and Administrative Proceedings in State Government........................................................................................... 9 DE Reg. 1006 PROPOSED REGULATIONS Symbol Key Roman type indicates the text existing prior to the regulation being promulgated. Underlined text indicates new text. Language which is stricken through indicates text being deleted. Proposed Regulations Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted, amended or repealed, with the Registrar for publication in the Register of Regulations pursuant to §1134 of this title. The notice shall describe the nature of the proceedings including a brief synopsis of the subject, substance, issues, possible terms of the agency action, a reference to the legal authority of the agency to act, and reference to any other regulations that may be impacted or affected by the proposal, and shall state the manner in which persons may present their views; if in writing, of the place to which and the final date by which such views may be submitted; or if at a public hearing, the date, time and place of the hearing. If a public hearing is to be held, such public hearing shall not be scheduled less than 20 days following publication of notice of the proposal in the Register of Regulations. If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be published in at least 2 Delaware newspapers of general circulation. The notice shall also be mailed to all persons who have made timely written requests of the agency for advance notice of its regulation-making proceedings. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL OFFICE OF THE SECRETARY Statutory Authority: 29 Delaware Code, Section 8051(d) (29 Del.C. §8051(d)) PUBLIC NOTICE SAN # 2005-11 1. Title of the Regulations: 104 Green Energy Fund Regulation 2. Brief Synopsis Of The Subject, Substance And Issues: The purpose of this regulation is to modify the existing regulation relating to the Green Energy Fund. Senate Bill 44 passed by the General Assembly and signed into law by Governor Minner in July 2005 expands the definition of “renewable and alternative energy technologies” to include biodiesel manufacturing facilities, and allows grants to be given for biodiesel technology demonstration projects. The Bill also clarifies that the Green Energy Fund can be used to promote energy efficiency efforts in addition to efforts to promote renewables. 3. Possible Terms of the Agency Action: There is no sunset date for this regulation. 4. Statutory Basis or Legal Authority to Act: 29 Delaware Code, Chapter 80, Section 8051(d). 5. Other Regulations That May Be Affected By The Proposal: None 6. Notice of Public Comment: Notice Title: Green Energy Fund Regulation Public Comment Division, Program: Office of the Secretary, Delaware Energy Office Notice Start Date: 2/01/2006 Notice End Date: 3/01/2006 Notice: DNREC – Delaware Energy Office Notification of Revised Program Regulations for the Green Energy Fund Pursuant to Title 29 Delaware Code, Chapter 80, Section 8055, the Secretary is required to promulgate rules and regulations necessary to establish the administration of the Green Energy Fund. The proposed modification to the Green Energy Fund Program Regulation will be available on the DNREC Website at www.dnrec.state.de.us under “Delaware Energy Office” and will also be available at the Energy Office web site, www.delaware-energy.com. Comments will be accepted by the Delaware Energy PROPOSED REGULATIONS Office, 146 South Governors Avenue, Dover, DE 19901 via e-mail to charlie.smisson@state.de.us, or fax to 302-739-1527 during the comment period of 2/01/2006 to 3/01/2006. A Public Hearing has been scheduled at the Delaware Energy Office, 146 South Governors Avenue, Dover, DE 19901 for 6:00 p.m. on March 1, 2006. 7. Prepared By: Charlie T. Smisson, Jr., State Energy Coordinator, Delaware Energy Office 302-739-1530 1/10/2006 104 Regulations for the Green Energy Program Delaware Energy Office Green Energy Fund Regulations April 1, 2004 December 29, 2005 1.0 Purpose The purpose of this regulation is to prescribe procedures relating to the Green Energy Fund pursuant to 29 Del.C. Chapter 80, Subchapter 2, the Delaware Energy Act. It is the goal in establishing this regulation to provide a streamlined procedure for distributing Green Energy Funds through the use of grants and loans. This regulation provides rules of practice and procedure for application and disbursement of Green Energy Fund grants and loans for renewable energy projects and encouraging energy efficiency projects in Delaware. 2.0 Statutory Authority These regulations are promulgated under authority of 29 Delaware Code, Section 8051(dc). 3.0 Definitions For purposes of this regulation, the following words and phrases shall have the meanings set forth below. “Department” means the Department of Natural Resources & Environmental Control, the Delaware Energy Office, or such other agents as the department or Secretary may designate. “Conectiv Power DeliveryDP&L” means the trade name used by Delmarva Power and Light Company. “DP&L Service Territory” means the service territory of Delmarva Power and Light Company, or its successor, as such territory is reflected in the electric service territory maps maintained by the Delaware Public Service Commission under the authority of 26 Del.C. §203B. “Energy Efficiency Improvement” means an increase in productivity or output for a given energy input when compared to conventional technologies or practices. Energy efficiency improvements may include equipment replacement, installation of controls, changes in operating practices, or other measures. “Energy Efficiency Information Program” or “Information Program” means a program established mainly to educate or inform energy consumers about the environmental and economic benefits of energy efficiency improvements. Energy efficiency information programs may include the demonstration of new technologies or the novel application of existing technologies in order to establish their environmental and economic benefits. “Energy Efficiency Technology” means a hardware device or system that provides an end-use energy service (e.g., lighting, heating, air conditioning, motion, etc.) using less energy per unit of output than minimum standards allow or available conventional equipment. “Fiscal Year” means the budget and accounting year of the State beginning on July 1 and ending on June 30. Reference to a Fiscal Year by year number means the Fiscal Year ending on June 30 of the named year. For example, a reference to Fiscal Year 2004 means the period beginning on July 1, 2003 and ending on June 30, 2004. “Freeze Tolerance Limit” means the temperature below which a Qualifying System for Solar Water Heating might suffer damage attributable to freezing. “Fuel Cell” is an electrochemical energy conversion device which converts the chemical energy from a fuel directly into electricity and heat. "Geothermal Heat Pump" means either an open or closed loop system or direct expansion system that uses the thermal energy of the ground or groundwater as the heat source and heat sink for residential or non-residential space heating and/or cooling. It may provide both space heating and cooling, cooling only or heating only functions. A closed loop system consists of a ground heat exchanger in which the heat transfer fluid is permanently contained in a closed system. An open loop system consists of a ground heat exchanger in which the heat transfer fluid is part of a larger environment. A direct expansion system consists of a geothermal heat pump system in which the refrigerant is circulated in pipes buried in the ground, rather than using a heat transfer fluid, such as water or antifreeze solution in a separate closed loop, and fluid to refrigerant heat exchanger. “Green Energy Fund” means the fund established by 29 Del.C. §80547 and administered by the Department. “Grid-connected”, “Grid-tied” or “Interconnected” means a condition in which a Qualifying System that is an electrical generating system serves and is electrically connected to an electrical load that is also connected to and served by the local utility electrical grid. The delivery or PROPOSED REGULATIONS ability to deliver, any portion of the generating capacity into the utility electrical grid is not required, nor must the loads served be only alternating current (AC) loads. The Photovoltaic or Wind Turbine sSystems need only to be capable of serving electrical loads that would otherwise be served by the local utility. “Kilowatt” means the basic unit of electric power equal to 1,000 Watts. “Kilowatt-hour” means the basic unit of electric energy equal to one Kilowatt of power supplied to or taken from an electric circuit steadily for one hour. One-Kilowatt hour equals 1,000 Watt-hours. Electric energy is commonly sold by the Kilowatt-hour. “Nonresidential” means all classes of customer purchasing electric power for uses other than for individual households. These groups of customers generally purchase electric power for commercial and industrial purposes. When used as an adjective with respect to Qualified Systems or Green Energy Program Grants or Loans, such term refers to systems owned by, or leased to, or grants or loans awarded to Nonresidential persons. “Participating Contractor” is Aan appropriately Delaware licensed contractor who has submitted to the Department an application designated by the Department with all required attachments and maintains in full force all required insurance and warranties as described in Section 5.2. “Passive Solar Design” means Aa residential or non­residential building design that uses no external mechanical power, such as pumps or blowers, to collect and move solar heat. “Photovoltaic” means an electronic non-mechanical semiconductor device, most commonly made of silicon that produces direct current (dcDC) electricity from sunlight. “Placed in Service” means installed, operational, and producing output. “Professional Engineer” means "engineer”, as defined in Title 24 Del.C., Chapter 28, Professional Engineers, namely, a person who by reason of his or her advanced knowledge of mathematics and the physical sciences, acquired by professional education and practical experience, is technically and legally qualified to practice Professional Engineering, and who is licensed by the Delaware Association of Professional Engineers. “Purchaser” means the purchaser or lessee of a Qualifying System. “Qualifying System” has the meaning as set forth in Section 5.0. “Renewable Energy Technology” shall have the meaning as prescribed in 29 Del.C. Chapter 80. “Renewable Fuel” means a non-nuclear fuel that can be derived from non-fossil energy sources that are naturally replenishing and virtually inexhaustible. “Residential” means the class or classes of customers purchasing electric power for household uses. When used as an adjective with respect to Qualified Systems or Green Energy Program Grants, such term refers to systems owned by, or leased to, or grants awarded to Residential persons. “Retailer” means the vendor or lessor of a Qualifying System. “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control. “Solar Pathfinder™” is a non-electronic instrument that measures the annual solar potential for a given site. “Solar Shade Analysis” means an on site evaluation using a Solar Pathfinder™ or functionally equivalent device that measures the annual solar potential for the given site. “Solar Water Heating” means the heating of water by use of the sun’s energy rather than electricity or gas or some other means. “State” means the State of Delaware. “Ton of Capacity” means 12,000 British Thermal Units (BTU) per hour of cooling capacity. “Watt” means the basic unit of measure of real electric power, or rate of doing work. “Watt-hour” means the basic unit of measure of electric energy consumption. The total amount of energy used in one hour by a device that requires one Watt of power for continuous operation. "Wind Turbine" means a mechanical/electrical system that converts the kinetic energy of blowing wind into mechanical or electric power. 4.0 Green Energy Fund The Delaware 142nd General Assembly enacted and Governor Minner signed into law Senate Bills 93 and 145, which amended Title 29 of the Delaware Code to include new provisions for utilizing the Green Energy Fund. The law was further amended by the Delaware 143rd General Assembly. The law continues to encourage and promote the use of renewable electric generation technologies, and alternate energy technologies, and energy efficiency, by residential and non-residential (commercial) customers. Further, the law amends §8054(d) by dividing the Green Energy Fund into three separate and distinct programs. The programs outlined in §8054(d) are described in full in this regulation and include the following: Green Energy Endowment Program Technology Demonstration Program Research and Development Program 5.0 Green Energy Endowment Program PROPOSED REGULATIONS 5.1 General Provisions All grants made under the Green Energy Endowment Program are on a first-come first-served basis. Allowable expenditures under the Green Energy Endowment Program and shall not exceed sixty-five percent (65%) of the total revenue collected during the previous fiscal year or sixty-five percent (65%) or the total fund whichever is greater, including energy efficiency education programs. Energy efficiency education programs shall not exceed thirty percent (30%) of allowable Green Energy Endowment Program expenditures. Under no circumstances will the Department issue grants for land acquisition in association with any project proposed in the Green Energy Endowment Program. Of the total funds available through Green Energy Endowment Program on an annual basis, the grants made for residential projects shall not exceed 40% of the total funds available and the non-residential grants shall not exceed 60% of the total funds available, including energy efficiency programs. Up to seven and one-half percent (7.5%) of the moneys deposited in the Green Energy Fund each year may be used for administration of the Fund. 5.2 Eligibility The Delaware Green Energy Program is available to Conectiv Power Delivery DP&L electric customers or persons in Delaware receiving services from a non-regulated electric supplier which is contributing to the Green Energy Fund. All eligible equipment and products must be installed in Delaware. Energy Efficiency Programs must be implemented in Delaware for the primary benefit of DP&L customers, or persons in Delaware receiving services from a non-regulated electric supplier which is contributing to the Green Energy Fund. 5.3 Renewable Energy Grant Reservation Request Customers and contractors applying for any grant for a renewable energy project must provide the following information to the Department prior to installing the system: 5.3.1 Completed Grant Reservation Form signed by both customer and contractor 5.3.2 The type of qualifying system 5.3.3 Copy of project estimate, purchase order, or letter of intent 5.3.4 Copy of the customer’s recent Conectiv Power Delivery electric bill or a bill from a non-regulated electric supplier which is contributing to the Green Energy Fund 5.3.5 System schematic or line drawing 5.3.6 Plot plan illustrating well, turbine, or module location (wind and geothermal only, photovoltaic when system is ground mounted) 5.3.7 Manual J calculation (geothermal only) 5.3.8 Detailed system design and a predicted performance calculation verified by a Professional Engineer. (Non-residential solar water heating systems only.) 5.3.9 Roof diagram illustrating the following: 5.3.9.1 Roof dimensions (angle, length and width) 5.3.9.2 Location of collectors or modules on roof 5.3.9.3 Location of any roof-mounted or building-mounted equipment 5.3.9.4 Orientation and Tilt of array or collectors 5.3.9.5 Areas of shading (Provide Solar Pathfinder results for all cases where shading occurs between 9:00 a.m. and 3:00 p.m. Results of the solar shade analysis must determine that 70% of the annual solar path’s area is shade free to be considered for a grant.) 5.4 Evaluation of Renewable Energy Grant Reservation Request Upon receipt of the Grant Reservation Request and supporting documents, the Department will perform an evaluation to check the proposal package for its compliance with the requirements noted above. If the proposal package is complete, the Department will process the Grant Reservation and issue a Confirmation and Claim Form to the applicant. All requirements as outlined in Section 5.3 must be provided to the Department prior to processing the grant reservation. The Department will reserve the funds for the project described in the Grant Reservation Request for six (6) months from the date of the reservation for residential applicants and twelve (12) months from the date of reservation for non-residential applicants. Since all grants are reserved on a first come-first served basis, viable projects that are not completed within the required time will be placed at the end of the queue and issued an extension of six (6) months from the date of the expired reservation for residential applicants and twelve (12) months from the date of expired reservation for non-residential applicants. To be considered of a reservation extension, the Department will require a project status and summary in writing fourteen (14) business days prior to the expiration of the original reservation. 5.5 Claim for and Distribution of Green Energy Program Renewable Energy Grants After installation, the customer and contractor must provide the following to the Department: 5.5.1 Completed Confirmation and Claim form signed by customer and contractor 5.5.2 Copy of electrical, plumbing or building inspection PROPOSED REGULATIONS 5.5.3 Copy of completed and approved Conectiv Power Delivery DP&L Interconnection Agreement (photovoltaic, wind, fuel cell) or similar document from a non-regulated electric supplier which is contributing to the Green Energy Fund 5.5.4 Copy of product specification sheets 5.5.5 Copy of final sales invoice (invoice must include actual price paid, itemized list of components, labor, permit fees, method of payment) 5.5.6 Copy of warranty agreement 5.5.7 Copy of verification of completion of installation signed by customer and contractor. Upon receipt of the completed Reservation Claim Form and all final documentation pertaining to the project as noted in Section 5.5.1-5.5.6, the Department will evaluate the Reservation and Claim Form and the required accompanying documents for consideration of grant approval. The contractor and customer are fully responsible for insuring that all forms and documentation have been supplied and the system meets all program requirements. The Department may make an inspection of the systems prior to final grant approval. The Department will process the grant within 30 days of receipt of the Reservation and Claim Form and all supporting documentation. The Department will ordinarily process the payment to the purchaser, however, if the purchaser so requests in writing and documentation reflects the grant value was reduced directly from the purchase price, the Department will process the payment to the retailer or installing contractor. Upon written request, the Department will pay the grant in two installments. Twenty-five percent 25% of the grant paid after the equipment is delivered to the installation site and all required permits, approvals, certifications from all jurisdictions having authority are secured. The remaining twenty-five percent is paid when the system is operational and approved by the utility and/or appropriate inspection agent. The Department reserves the right to review any installation prior to any partial or final grant payment. 5.6 Green Energy Program Renewable Energy Project Participating Contractor Guidelines 5.6.1 Participating Contractor Application Contractors installing qualifying photovoltaic, solar water heating, geothermal heat pumps, small wind turbines, or fuel cells must complete the Participating Contractor Application prior to installing systems within the Green Energy Program. The application will consist of the following: 5.6.1.1 Name of company and key contact information 5.6.1.2 Brief history and organizational structure of company 5.6.1.3 Education, experience and licensure 5.6.1.4 General liability and statutory worker’s compensation 5.6.1.5 Statement of reliability and good standing 5.6.2 Education and Licensure Participating Contractors shall maintain appropriate education and licenses to insure that only professionally designed systems are installed within the Program. The Participating Contractor must be licensed in the State of Delaware. Where industry certification programs have been promulgated, grant recipients are encouraged to use industry certified contractors. 5.6.3 Insurance Requirements The Participating Contractor and anyone acting under its direction or control or on its behalf shall at its own expense procure and maintain in full force at all times Commercial General Liability Insurance with a bodily injury and property damage combined single limit of liability of at least ONE MILLION DOLLARS ($1,000,000) for any occurrence. 5.6.4 Statement of Reliability and Good Standing Contractor must be reliable and in good standing with a “Satisfactory Record” (or no negative reports) with the Better Business Bureau. The Contractor shall provide a copy of their Better Business Bureau report to the Department upon request. Reports may be obtained at the following address. BBB of Delaware 1415 Foulk Road, Suite 202 Foulkstone Plaza Wilmington, DE 19803 Phone: (302)230-0108 Fax: (302)230-0116 Web Site: www.delaware.bbb.org Email: info@delaware.bbb.org 5.6.5 Limitation of Funds The Program funds are limited. The Participating Contractor shall follow program guidelines to insure reservation of funds prior to installing a qualifying system. 5.6.6 Owner’s Manual Minimum Requirements Contractors are required to provide each Program participant with an owner’s manual. At a minimum, the owner’s manual shall include the following: 5.6.6.1 Name and address of the seller 5.6.6.2 System model name or number 5.6.6.3 Identification and explanation of PROPOSED REGULATIONS system components 5.6.6.4 Description of system operation 5.6.6.5 Description of system maintenance 5.6.6.6 Description of emergency procedures 5.6.6.7 Vacation procedures 5.6.6.8 Systems warranty 5.7 Renewable Energy Project Warranty All qualifying systems receiving a Green Energy Program grant must have a full 5-year warranty against component failure, malfunction and premature output degradation. The warranty must cover all components for which the program incentive is granted and cover the full cost of repair and replacement of all components of the system. For professionally installed systems, the warranty must cover the labor to remove and replace defective components and systems. 5.8 Renewable Energy Project Code Compliance All qualifying systems must be installed in accordance with the standards and specifications of the manufacturers of the components in the system, in compliance with all applicable local electric and building codes, local ordinances and these guidelines. Where discrepancies, if any, exist with these guidelines and local codes, local codes shall govern. 5.9 Green Energy Program Renewable Energy Technologies Renewable energy project equipment must meet the standards described in Section 5.9: 5.9.1 Photovoltaic Systems 5.9.1.1 Grant Limits Subject to availability of funds, the Delaware Green Energy Program offers grants for grid-connected photovoltaic systems installed by qualified contractors and customers up to 50% of the total installed costs. Grants will not exceed $22,500 per residential dwelling for residential systems and $250,000 per non-residential facility for non-residential systems. A photovoltaic system may not have eligible qualifying photovoltaic system costs in excess of $12 per Watt. 5.9.1.2 Accepted Products and Equipment 5.9.1.2.1 Grid Interconnected All photovoltaic modules must be certified by a nationally recognized testing laboratory as meeting the requirements of the most recent version of Underwriters Laboratory Standard 1703. All qualifying grid-connected systems must comply with the Institute of Electrical and Electronic Engineers Standards Board (IEEE) 929, Recommended Practice for Utility Interface of Photovoltaic (PV) Systems, IEEE 1547, Standard for Interconnecting Distributed Resources with the Electric Power Systems and the appropriate generation interconnection requirements of Conectiv DP&L’s Power Delivery's, Technical Considerations Covering Parallel Operations of Customer Owned Generation of Less than 1 Megawatt and Interconnected with the Conectiv DP&L Power Delivery System or similar interconnection requirements from a non-regulated electric supplier which is contributing to the Green Energy Fund. All inverters must be certified by a nationally recognized testing laboratory for safe operation and be certified as meeting the requirements of Underwriters Laboratory Standards 1741, Standard for Static Inverters and Charge Controllers for Use in Photovoltaic Power Systems. All grid interconnected systems must be designed and installed to comply with the National Electric Code (NEC). 5.9.1.2.2 Non-Grid Interconnected or Stand-Alone All photovoltaic modules must be certified by a nationally recognized testing laboratory as meeting the requirements of the most recent version of Underwriters Laboratory Standard 1703. All non-grid interconnected or stand-alone systems shall be designed and installed to comply with the National Electric Code (NEC)]. 5.9.1.3 Array Orientation and Tilt Optimum array orientation is a 180° true bearing. However, the program accepts solar arrays oriented between South of due East and South of due West or between 80° and 260° magnetic. Systems installed between 260° and 80° magnetic or North of due East and North of due West are not eligible for a Green Energy Program Grant. Optimum array tilt is equal to the latitude at the installation site. However, the program accepts array tilt parameters as specified by the module manufacturer which may allow for tilts greater than and less than latitude. 5.9.1.4 Array Shading Photovoltaic arrays shall be installed such that the array has a minimum of six (6) hours of unobstructed sunshine daily inclusive of solar noon. A "solar window" of eight (8) hours of unobstructed sunshine is preferred. The installing contractor is responsible for insuring that the system is free from shading. The installing contractor shall perform a “Solar Shade Analysis” to ensure the array meets the minimum daily sunshine requirements. Results of the solar shade analysis must determine that 70% of the annual solar path’s area is shade free to be considered for a grant. 5.9.1.5 Aesthetics Aesthetics must be considered in the design and mounting of the photovoltaic array. The designing contractor must provide a roof schematic complete with roof PROPOSED REGULATIONS dimensions, array placement, orientation and areas of shading to the Department prior to installation. The designing contractor must make every attempt to configure the modules in an aesthetically pleasing manner free from shading. 5.9.2 Solar Water Heating 5.9.2.1 Grant Limits Subject to availability of funds, the Delaware Green Energy Program offers grants for solar water heating systems installed by qualified contractors and customers up to 50% of the total installed cost. Grants will not exceed $3,000 per residential dwelling for residential systems and $250,000 per non-residential facility for non-residential systems. Solar water heating systems integrated into a radiant heating application are eligible for a grant up to 50 % of the installed cost of the solar energy portion of the system. Grants will not exceed $5,000 per residential dwelling for residential systems and $250,000 per non-residential dwelling for non-residential systems. 5.9.2.2 Accepted Products and Equipment A solar water heating system must be designed to reduce or eliminate the need for electric or gas heated water. All qualifying residential solar water heating systems must be certified to meet the Solar Rating and Certification Corporation's (SRCC) OG- 300, Operating Guidelines and Minimum Standards for Certifying Solar Water Heating Systems: An Optional Solar Water Heating System Certification and Rating Program and have a Freeze Tolerance Limit of minus 21 degrees Fahrenheit without electrical power. All qualifying non-residential solar water heating systems and solar energy systems integrated into a radiant heating application must utilize collectors certified to meet the Solar Rating and Certification Corporation's (SRCC) OG-100, Operating Guidelines for Certifying Solar Collectors. Non-residential solar water heating systems will be required to submit a detailed system design and a predicted performance calculation verified by a Professional Engineer (P.E.) 5.9.2.3 Collector Orientation and Tilt Optimum collector array orientation is a 180° true bearing. However, the program accepts solar collectors oriented between South of due East and South of due West or between 80° and 260° magnetic. Systems installed between 260° and 80° magnetic or North of due East and North of due West are not eligible for a Green Energy Program Grant. Optimum collector tilt is equal to the latitude at the installation site. However, the program accepts collector tilt parameters as specified by the collector manufacturer which may allow for tilts greater than and less than latitude. 5.9.2.4 Collector Shading All collectors shall be installed such that the collector array has a minimum of six (6) hours of unobstructed sunshine daily inclusive of solar noon. A "solar window" of eight (8) hours of unobstructed sunshine is preferred. The installing contractor is responsible for insuring that the system is free from shading. The installing contractor shall perform a “Solar Shade Analysis” to ensure the array meets the minimum daily sunshine requirements. Results of the solar shade analysis must determine that 70% of the annual solar path’s area is shade free to be considered for a grant. 5.9.2.5 Aesthetics Aesthetics must be considered in the design and mounting of the solar water heating collectors. The designing contractor must complete a roof schematic complete with roof dimensions, collector placement, orientation and areas of shading to the Department prior to installation. The designing contractor must make every attempt to configure the collectors in an aesthetically pleasing manner. 5.9.3 Small Wind Turbines 5.9.31 Grant Limits Subject to availability of funds, the Delaware Green Energy Program offers incentives up to 50% of the total installed cost for small grid-connected wind turbines installed by a qualified contractor for a qualified customer. Small wind turbines shall be at least 500 Watts. Grants will not exceed $22,500 per residential dwelling for residential systems and $100,000 per non-residential facility for non­residential systems. A qualifying wind turbine system shall not exceed $5.00 per Watt installed. 5.9.3.2 Capacity Limits Qualifying wind turbine systems shall be at least 500 Watts. The Department may reject applications if the location of the proposed wind turbine system has an inadequate wind resource for reasonable utilization of the equipment as recommended by the turbine manufacturer. Wind resources can vary significantly; therefore, the contractor and customer must take care that the location has adequate wind for the turbine selected. It is strongly recommended that a professional evaluation of your specific site be completed. The Department may require additional evidence of feasibility prior to approving the grant reservation. 5.9.3.3 Accepted Products and Equipment 5.9.3.3.1 Grid Interconnected PROPOSED REGULATIONS All qualifying grid-connected small wind systems must use Underwriters Laboratory listed equipment and comply with the Institute of Electrical and Electronic Engineers Standards Board (IEEE) 929, Recommended Practice for Utility Interface of Photovoltaic (PV) Systems, IEEE 1547, Standard for Interconnecting Distributed Resources with the Electric Power Systems and the appropriate generation interconnection requirements of Conectiv Power Delivery's, Technical Considerations Covering Parallel Operations of Customer Owned Generation of Less than 1 Megawatt and Interconnected with the Conectiv Power Delivery System or similar interconnection requirements from a non-regulated electric supplier which is contributing to the Green Energy Fund. All inverters or other systems used in interconnection must be certified by a nationally recognized testing laboratory for safe operation and be certified as meeting the requirements of Underwriters Laboratory Standards 1741, Standard for Static Inverters and Charge Controllers for Use in Photovoltaic Power Systems. All grid interconnected systems must be designed and installed to comply with the National Electric Code (NEC). 5.9.3.3.2 Non-Grid Interconnected or Stand-Alone All qualifying non-grid interconnected wind systems must use Underwriters Laboratory certified listed equipment and systems shall be designed and installed to comply with the National Electric Code (NEC). 5.9.4 Geothermal Heat Pump Systems 5.9.4.1 Grant Limits Subject to availability of funds, the Delaware Green Energy Program offers grants for geothermal heat pump systems installed by qualified contractors and customers at the following rates: Residential: $600 per ton not exceeding $3,000 per residential dwelling for residential systems installed with an Energy Efficiency Ratio (EER) of 15.0 and Coefficient of Performance (COP) of 3.4 or greater or 50% of the installed cost whichever is lower, or $500 per ton not exceeding $2500 per residential dwelling for residential systems with an Energy Efficiency Ratio (EER) of 14.0 and Coefficient of Performance (COP) of 3.0 or greater or 50% of the installed cost whichever is lower. Non-residential: $600 per ton not exceeding $25,000 per non-residential facility for non-residential systems with an Energy Efficiency Ratio (EER) of 15.0 and Coefficient of Performance (COP) of 3.4 or greater or 50% of the installed cost whichever is lower, or $500 per ton not exceeding $25,000 per non-residential facility for non-residential systems with an Energy Efficiency Ratio (EER) of 14.0 and Coefficient of Performance (COP) of 3.0 or greater or 50% of the installed cost whichever is lower. 5.9.4.2 Accepted Products and Equipment Qualifying geothermal heat pump systems must be sized in accordance with good heating, ventilation and air conditioning design practices for the occupancy, location and structure. Contractor shall provide a Manual J calculation, or other equivalent calculation, to determine proper size of equipment. All qualifying systems must have a warranty for protection of the integrity and performance of the system for at least five years. All units installed under this program must have a minimum EER of 14.0 and COP of 3.0. Qualifying systems must meet the following: Closed loop systems shall qualify under rating conditions in accordance with ISO 13256-1. Open loop systems shall qualify under rating conditions in accordance with ISO 13256-1. DX systems shall qualify under rating conditions in accordance with ARI 870. 5.9.5 Fuel Cells 5.9.5.1 Grant Limits Subject to availability of funds, the Delaware Green Energy Program offers grants for grid-connected fuel cells installed by qualified contractors and customers up to 50% of the total installed cost for fuel cell systems operating on a renewable fuel source. Grants will not exceed $22,500 for residential systems and $250,000 for non-residential systems. 5.9.5.2 Accepted Products and Equipment 5.9.5.2.1 Grid Interconnected All Qualifying fuel cells systems must utilize a renewable fuel source and meet the National Fire Protection Association (NFPA) 853 for Stationary Fuel Cell Power Plants, the Institute of Electrical and Electronic Engineers Standards Board (IEEE) 519-Recommended Practices and Requirements for Harmonic Control in Electric Power Systems, the most current version of the American National Standards Institute (ANSI) Z21.83 for Fuel Cell Power Plants, and input and output protection functions should be in compliance with ANSI C37.2 Device Function Number Specifications. All grid interconnected systems must be designed and installed to comply with the National Electric Code (NEC). 5.9.5.2.2 Non-Grid Interconnected or Stand-Alone PROPOSED REGULATIONS All non-grid interconnected or stand-alone systems shall be designed and installed to comply with the National Electric Code (NEC). 5.10 Energy Efficiency Information Programs Subject to availability of funds, the Delaware Green Energy Endowment Program offers grants for energy efficiency information programs. Energy Efficiency Information Programs must be submitted to the Department in the form of a proposal. Proposals will be requested by the Department as needed to address specific energy education requirements, or may be submitted unsolicited. The total of all grants awarded under the Green Energy Endowment Program for Energy Efficiency Education Programs shall not exceed thirty percent (30%) of the allowable expenditures for the Green Energy Endowment Fund. To be eligible for consideration, an Energy Efficiency Information Program must encourage energy efficiency improvements through education, information, or promotion. Proposals may target groups of consumers, using outreach, communications, technical support, or analytical resources. Energy Efficiency Information Programs may include residential or nonresidential customers. Newly available energy efficiency technologies or novel applications of available energy efficiency technologies may be included in Energy Efficiency Information Programs to the extent necessary to demonstrate their capabilities and their environmental and economic advantages. Energy Efficiency Information Programs must include plans to make available and broadly disseminate information to the targeted consumers. Quantifiable goals including estimated annual energy savings, numbers of people or organizations reached, and environmental impacts, must also be included. Other goals may include measurable market transformation indicators, such as penetration of new, high efficiency products into the market place. Energy Efficiency Information Programs are not intended to provide equipment rebates or funding for technology development. The Department will not provide funding for technology development, general facility or equipment upgrades, or facility renovations. 6.0 Technology Demonstration Program 6.1 General Provisions Subject to the availability of funds, the Green Energy Fund’s The Technology Demonstration Program provides grants to projects that demonstrate the market potential for new renewable energy and energy efficiency technologies and accelerate the commercialization of these technologies in Delaware. Technology Demonstration Program proposals will be accepted by the Department on a biannual basis. The total of all grants awarded under the Technology Demonstration shall not exceed twenty-five percent (25%) of all revenue collected for the Green Energy Fund during the previous fiscal year or 25% of the fund balance whichever is greater. To be eligible for consideration, a project must demonstrate a commercially available technology. Research and Development projects will not be funded under the Technology Demonstration Program. To be eligible for consideration, a project must demonstrate either a novel technology or a novel application of an available technology. Projects must include a public education component, such as integration into an educational program or location at a facility that allows public tours of the installed renewable energy technology. The Delaware Technology Demonstration Program grants are available to applicants located within the State of Delaware for projects conducted in the State of Delaware. Under no circumstances will the Department issue grants for land acquisition in association with any project proposed in the Technology Demonstration Program. 6.1.12 Grant Limits Subject to availability of funds, the Green Energy Fund’s Technology Demonstration Program offers grants to projects that demonstrate the market potential of renewable energy technology in Delaware. Individual grants shall not exceed twenty-five percent (25%) of the cost of the eligible equipment for a renewable energy technology project and will not exceed $200,000 per project. Grants for biodiesel manufacturing facilities shall not exceed twenty-five percent (25%) of the project cost and no one project may receive more than $300,000. In all cases, the cost of the eligible equipment shall include only the costs of labor, overhead expenditures, equipment, materials, and subcontractors incurred during the performance of the Technology Demonstration Program contract. Expenditures made prior to contract award are not eligible. 6.1.2.3 Code Compliance All Technology Demonstration Program projects must be installed in accordance with the standards and specifications of the manufacturers of the components in the system and in compliance with all applicable local electric, plumbing, and building codes and local ordinances to be considered for application. 6.1.34 Permits All Technology Demonstration Program projects must obtain all relevant permits from the Delaware Department of Natural Resources and Environmental Control, other necessary state, local, regional, and federal permits to be considered for application. PROPOSED REGULATIONS 6.1.45 Application Process Technology Demonstration Program proposals will be accepted on a biannual basis. Applicants for the Technology Demonstration Program shall submit their proposals and supporting information in accordance with Requests for Proposals issued by the Department. six (6) copies of the proposal and supporting documentation to the Department and Applicants must receive approval prior to beginning the project. In addition to the requirements in Section 6.2, proposals for grants under Technology Demonstration Program shall include the following: 6.1.4.1 Detailed project description including location of project, size of project, description of building, structure or site 6.1.4.2 Experience of project team 6.1.4.3 Detailed estimate of total project costs 6.1.4.4 List of project partners 6.1.4.5 Estimated energy impact 6.1.4.6 Letter of commitment from building owner or manager 6.1.4.7 Project schedule including detailed milestones 6.1.4.8 Design plans The Department may request additional information upon review of initial proposal. Applications will be reviewed by a committee established by the Department. The Department will determine the eligibility for a grant and will, in particular, consider the education requirements in 6.1. A statement of reservation of funds and authorization to proceed will be issued by the Department upon acceptance as a Technology Demonstration Program project.The Department reserves the right to reject any or all proposals if the information provided is inadequate or incomplete. 6.1.56 Distribution of Technology Demonstration Grants The Department will process the invoices from the grant recipient in accordance with contract terms within 30 days of receipt of invoice and supporting documentation. Invoices may require Ssupporting documentation shall including,e but not limited to, hours worked, receipts for expenditures and a brief progress report. 6.27 Accepted Products and Equipment All Technology Demonstration Program projects interconnecting with the utility grid must comply with the Institute of Electrical and Electronic Engineers Standards Board (IEEE) 929, Recommended Practice for Utility Interface of Photovoltaic (PV) Systems and the appropriate generation interconnection arrangement of Conectiv Power Delivery DP&L's, Technical Considerations Covering Parallel Operations of Customer Owned Generation of Less than 1 Megawatt and Interconnected with the Conectiv Power Delivery DP&L System or a similar document from a non-regulated electric supplier. All inverters must be certified by a nationally recognized testing laboratory for safe operation as well as be certified as meeting the requirements of Underwriters Laboratory Standards 1741- 1999, Standard for Static Inverters and Charge Controllers for Use in Photovoltaic Power Systems. 62.7.1 Photovoltaic Systems Photovoltaic projects located in Delaware use photovoltaic electricity to replace or substitute the need for non-renewable fuel, or include a novel or innovative use of photovoltaic design are eligible to receive a grant under the Technology Demonstration Program. 62.7.2 Solar Thermal Solar thermal projects located in Delaware that use solar thermal energy to produce electricity, replace or substitute the need for non-renewable fuel, or includes a novel or innovative use of solar thermal design is eligible to receive a grant under the Technology Demonstration Program. 62.7.3 Small Wind Turbines Small wind turbine projects located in Delaware may apply for a grant under the Technology Demonstration Program. 62.7.4 Fuel Cells Fuel cell projects located in Delaware using a renewable or non-renewable energy fuel source may apply for a grant under the Technology Demonstration Program. 62.7.5 Hydroelectric Generators Hydroelectric projects located in Delaware and placed at existing dams or in free-flowing waterways may be eligible for a grant under the Technology Demonstration Program. 6.2.7.6 Storage, Conversion and Conditioning Equipment Storage, conversion and conditioning equipment, for use with renewable energy products that that include a novel or innovative use of storage, conversion and conditioning equipment may be eligible to receive a grant under the Technology Demonstration Program. 62.7.7 Passive Solar Design Passive solar designs that implement novel or innovative passive solar products may be eligible to receive a grant under the Technology Demonstration Program. Grants for passive solar projects shall not exceed 25% of the installed cost of the project up to a maximum of $3000 per residential dwelling for residential projects and $20,000 per non-residential facility for non-residential projects. PROPOSED REGULATIONS The project shall meet the requirements in Section 6.1 and provide a cost-effectiveness analysis and a Manual J calculation or equivalent that demonstrates the estimated energy impact expected over the industry standards that provide a similar function. 6.7.8 Biodiesel Manufacturing Facilities Biodiesel manufacturing facilities located in Delaware may apply for a grant under the Technology Demonstration Program. 6.7.9 Energy Efficiency Technologies, Processes and Practices New energy efficiency technologies are eligible for grants under the Technology Demonstration Program. To be eligible for funding, the applicant must demonstrate that a measurable improvement in energy efficiency can be achieved in comparison to conventional technologies, processes and practices, and that the proposed equipment or approach is not widely available or in use. 7.0 Research and Development Program 7.1 General Provisions Subject to availability of funds, the Green Energy Fund’s Research and Development Program offers grants to projects that develop or improve Renewable Energy Technology in Delaware. The Department will accept proposals for Research and Development Program grants for qualifying projects that improve the engineering, adaptation, or development of products or processes that directly relate to renewable energy technology. Research and Development Program proposals will be accepted by the Department on a biannual basis. The total of all grants awarded in any one fiscal year shall not exceed ten percent (10%) of all revenue collected for the Green Energy Fund during the previous fiscal year or 10% of the fund balance whichever is greater. Subject to the future availability of funds, the Department will consider multi-year projects in the Research and Development Program. Proposals seeking grants for multi-year projects shall not exceed fifty percent (50%) of the total annual funds available in the Research and Development Program. The Delaware Research and Development Program grants are available to applicants located within the State of Delaware for projects conducted in the State of Delaware. Under no circumstances will the Department issue grants for land acquisition in association with any project proposed in the Research and Development Program. 7.2 Grant Limits Subject to availability of funds, the Research and Development Program offers grants up to thirty-five percent (35%) of the cost of qualifying projects. Research and Development Program grants shall not exceed $250,000 per project. Cost of qualifying projects shall include only the costs of labor, overhead expenditures, equipment, materials, and subcontractors incurred during the performance of the contract. Expenditures made prior to contract award are not eligible. Research and Development Program proposals will be accepted by the Department on a biannual basis. The total of all grants awarded in any one fiscal year shall not exceed ten percent (10%) of all revenue collected for the Green Energy Fund during the previous fiscal year or 10% of the fund balance whichever is greater. Subject to the future availability of funds, the Department will consider multi-year projects in the Research and Development Program. Proposals seeking grants for multi-year projects shall not exceed fifty percent (50%) of the total annual funds available in the Research and Development Program. 7.3 Application Process The Department will accept proposals for Research and Development Program grants for qualifying projects that improve the engineering adaptation, or development of products that directly relate to renewable energy technology. The Department reserves the right to reject any or all proposals if the information provided is inadequate or incomplete. The following describes the general approach envisioned for these projects. Alternative approaches to achieve the desired results may be considered, provided that the work scope is complete, addresses all of the technical issues, and has a convincing chance for success. Applicants are to propose projects and tasks that address all issues described in Section 7.1 with care taken to emphasize the unique application advantages and environmental benefits that will result from the proposed project. The proposal should clearly define why this project is an improvement over existing products that provide a similar function. Research and Development Program proposals will be accepted on a biannual basis. Applicants for the Research and Development Program shall submit their proposals and supporting information in accordance with Requests for Proposals issued by the Department. Applicants must receive approval prior to beginning the project. Applications will be reviewed by a committee established by the Department. The Department will determine the eligibility for a grant and will, in particular, the eligible costs in 7.2. A statement of reservation of funds and authorization to proceed will be issued by the Department upon completion and acceptance of contract terms. PROPOSED REGULATIONS 7.4 Application Submittal Research and Development Program proposals must be submitted and awarded prior to beginning the project. Failure to respond or follow the instructions regarding the order and content of the application may result in the application being deemed non-responsive, or result in an overall lower score during evaluation. The applicant must submit six (6) complete copies of the proposal to the Department for consideration. The following describes the general approach envisioned for these projects. Alternative approaches to achieve the desired results may be considered, provided that the work scope is complete, addresses all of the technical issues, and has a convincing chance for success. 7.4 Acceptable Projects The Department will accept proposals for Research and Development Program grants for qualifying projects that improve the engineering adaptation, or development of products that directly relate to renewable energy and energy efficiency technologies. The Department reserves the right to reject any or all proposals if the information provided is inadequate or incomplete. Applicants are to propose projects and tasks that address all issues described in Section 7.1 with care taken to emphasize the unique application advantages and environmental benefits that will result from the proposed project. The proposal should clearly define why this project is an improvement over existing products that provide a similar function. 7.5 Application Contents The applicant must submit six (6) complete copies of the proposal to the Department consisting of a detailed description, a time line, a budget, itemized by task and include the following sections: 7.5.1 Cover Page The cover page must indicate the name of the organization, location, project title, and points of contact for the applicant, including names, titles, addresses, telephone and facsimile numbers, and electronic mail addresses of key project participants. 7.5.2 Table of Contents The narrative shall include a table of contents and page numbers corresponding to the elements outlined herein. 7.5.3 Project Summary A one-page project summary describing, in general terms, the proposed project, the proposed project benefits as a result of the grant, and a total cost estimate including cost shares and federal contribution must be submitted with the application. The summary should be informative and only contain information that is releasable to the public. 7.5.4 Technical Proposal The Technical Proposal portion shall be structured in accordance with the following sections: The Technical Proposal section should include the following: 7.5.4.1 Technical concept, goals, and location of project 7.5.4.2 Anticipated benefits as a result of the project 7.5.4.3 Degree to which the proposed project advances the technology and commercial readiness of renewable energy technology in Delaware, including advantages and disadvantages compared to competing technologies 7.5.4.4 Economic viability of the proposed project 7.5.4.5 Estimated energy impact (generation or reduction) 7.5.4.6 Environmental benefits 7.5.4.7 Impact on electricity reliability, noise levels, and suitability for grid interconnection 7.5.4.8 Public benefit and value added to Delaware by successful completion of the proposed project 7.5.4.9 Potential for commercialization and the estimated market potential of project 7.5.4.10 Advantages of the proposed approach compared to alternative approaches. 7.5.5 Work Plan / Statement of Objectives This section should include the following: 7.5.5.1 Task-oriented Statement of Objectives with complete task descriptions 7.5.5.2 Work plan including decision points and performance-based progress measures 7.5.5.3 Work schedule including intermediate and major milestones 7.5.6 Budget Narrative An explanation of the proposed project costs including Green Energy Fund proceeds, applicant cost share, and any federal leveraged funds should be provided in this section. The Narrative shall include a budget by each task and include the following: 7.5.6.1 Job title and number of hours for each of the individual personnel proposed 7.5.6.2 Proposed equipment, materials, supplies, overhead and total labor costs. 7.5.7 Organization Qualifications and Personnel Qualifications This section should include the following: 7.5.7.1 Applicant’s current research directly related to the topic proposed 7.5.7.2 Applicant’s experience on previous research and development projects similar in size, scope and PROPOSED REGULATIONS complexity and the success in completing similar work 7.5.7.3 Description of the teaming structure for the project, including the names of the applicant and each participant involved in the project, as well as business agreements between the applicant and participants and the role of each team member 7.5.7.4 Project management concept with respect to the proposed tasks, including organizational and individual responsibilities for each team member 7.5.7.5 Education, professional training, and the technical and business-related skills and work experience of key personnel, on projects similar in size, scope, and complexity to the topic proposed 7.5.7.6 Level and reasonableness of the time commitment 7.5.8 Personnel Resumes A resume should be provided for all key personnel involved in the proposed project. Each resume is limited to a maximum of two pages. 7.6 8.0 Evaluation of Technology Demonstration and Research and Development Applications 8.1 Compliance Review Proposals submitted under the Technology Demonstration and Research and Development Programs will receive a thorough compliance review. A compliance review will be performed to check the proposal package for its compliance with the requirements of the Department’s Requests for Proposals and the requirements outlined in Sections 6 and 7. The Department will determine the eligibility for a grant and will, in particular, consider the education requirements in 6.1 and the eligible costs in 6.2 and 7.2. The Department reserves the right to void an application if the information requested is not received within the prescribed timeframe when requested or is inadequate or incomplete. A statement of reservation of funds and authorization to proceed will be issued by the Department upon completion and acceptance of contract terms. 8.2 Evaluation Committee A compliance review will be performed to check the proposal package for its compliance with the requirements of the Research and Development Program. All requirements as outlined in Section 7.1 and 7.5 must be provided to the Department to be eligible for the comprehensive evaluation. The Department reserves the right to void an application if the information requested is not received within the prescribed timeframe when requested or is inadequate or incomplete. 7.6.1 Comprehensive Evaluation All applications that fulfill the minimum application requirements, as determined under the compliance review, will be eligible for comprehensive evaluation. The comprehensive evaluation of proposals will be performed by the Department and a committee designated by the Department. In evaluating applications, the Department reserves the right to use any assistance deemed advisable, including qualified personnel from federal agencies, other government entities, universities, industry, and contractors. The Department will make every effort to use unbiased individuals and experts on the review committee. These individuals will be required to protect the confidentiality of any specifically identified trade secrets and/or privileged or confidential commercial or financial information obtained as a result of their participation in this evaluation. The reviewers and their employers, employees, affiliates, and members shall excuse themselves from proposing projects under the Research and Development or Technology Demonstration Programs for the funding period during which they are serving on the reviewing committee. 8.3 Notification All applicants will be notified in writing of the action taken on their applications. Applicants should allow at least 90 days for the Department evaluation. The status of any application during the evaluation and selection process will not be discussed with the applicant or any of its partners. Unsuccessful application will receive a letter summarizing the committee’s decision. Unsuccessful applications will not be returned to applicants. 7.7 Evaluation Criteria of Proposal 7.7.1 Criterion 1: Technical Description: Weight: 40% In general, proposals will be evaluated based on the overall relevance to Renewable Energy Technology, including but not limited to any product improving the engineering of, adapting, or development or Renewable Energy Technology either as an independent piece of Renewable Energy Technology or as a component of Renewable Energy Technology. Specifically, proposals will be scored based on how well they address the following requirements: 7.7.1.1 Technical concept, goals, and location of project 7.7.1.2 Anticipated benefits as a result of the project 7.7.1.3 Degree to which the proposed project advances the technology and commercial readiness of renewable energy technology in Delaware, including advantages and disadvantages compared to competing technologies PROPOSED REGULATIONS 7.7.1.4 Economic viability of the proposed project 7.7.1.5 Jobs created as a result of project 7.7.1.6 Advantages of the proposed approach compared to alternative approaches 7.7.1.7 Economic viability of the proposed project 7.7.1.8 Estimated energy impact (generation or reduction) 7.7.1.9 Environmental benefits and impacts of the project 7.7.1.10 Reliability, noise levels, and suitability for grid interconnection 7.7.1.11 Public benefit and value added to Delaware by successful completion of the proposed project 7.7.1.12 Projects ability to leverage federal incentives 7.7.1.13 Projects ability to assist the State in meeting the goals the State Energy Plan 7.7.2 Criterion 2: Work Plan/Statement of Objectives: Weight: 30% Specifically, applications will be scored based on how well they address the following requirements: 7.7.2.1 Task-oriented Statement of Objectives with complete task descriptions 7.7.2.2 Work plan including decision points and performance-based progress measures Level and reasonableness of the time commitment 7.7.2.3 Work schedule including intermediate and major milestone 7.7.2.4 Advantages of the proposed approach compared to alternative approaches 7.7.2.5 Intent and commitment to commercialize results of the proposed project 7.7.3 Criterion 3: Organization and Personnel Qualifications: Weight: 30% In general, applications will be evaluated based on the capabilities of the personnel. Specifically, applications will be scored based on how well they address the following requirements: 7.7.3.1 The applicant’s current research directly related to the topic proposed 7.7.3.2 The applicant’s experience on previous research and development projects similar in size, scope and complexity and the success in completing similar work 7.7.3.3 A description of the teaming structure for the project, preference will be given to projects involving participants who represent a diversity (types and sizes) of proposing organizations, while meeting the eligibility requirements. The participation of universities, small businesses, and women or minority owned businesses are particularly encouraged to apply. 7.7.3.4 The project management concept with respect to the proposed tasks, including organizational and individual responsibilities for each team member 7.7.3.5 The education, professional training, and the technical and business-related skills and work experience key personnel, including major subcontractors, on projects similar in size, scope, and complexity to the topic proposed 7.7.3.6 The level and reasonableness of the time commitment 7.8 If Selected for Negotiation If a proposal is selected for negotiation for a grant, additional information may be requested. Any request may specify the documents to be submitted, and to whom they must be submitted and may include, but not limited to detailed financial basis for any participant(s) providing cost sharing. This may include detailed explanation of overhead costs, hourly rate per staff person, and fringe benefits. The Department reserves the right to void an application if the additional information requested is not received within the prescribed timeframe or is inadequate or incomplete. 7.9 8.4 Grant Award If upon completion of the Comprehensive Evaluation, the review committee finds that the proposed project fits the criteria of the Technology Demonstration or Research and Development Programs, then a statement of reservation of funds and authorization to proceed will be issued by the Department. All recipients of Research and Development Program grants may be required to participate in mandatory evaluation meetings on a periodic basis. During each evaluation meeting, the results to date and future plans for the project will be presented by the Recipient to an evaluation panel selected by the Department. The results of each evaluation may be used by the Department to determine whether the project will continue to receive funding. Applicants should assume that at least two meetings per year will be required for evaluation and that up to two additional review meetings may be held at the applicant’s location. 7.9.1 8.5 Distribution of Research and Development Grant Payment for Work Performed The Department will process the invoices from the grant recipient usually within 30 days of receipt of invoice and supporting documentation. Supporting documentation shall include but not limited to hours worked, receipts for expenditures and a brief progress report. Additional documentation and reporting requirements may be necessary depending on the nature and duration of the work performed. PROPOSED REGULATIONS 8 9.0 Proprietary Application Information Applicants are hereby notified that the Department intends to make all applications submitted available to non-State personnel for the sole purpose of assisting in its evaluation of the applications. These individuals will be required to protect the confidentiality of any specifically identified proprietary information obtained as a result of their participation in the evaluation. Proposals submitted may contain trade secrets and/or privileged or confidential commercial or financial information which the applicant does not want to be used or disclosed for any purpose other than evaluation of the application. The use and disclosure of such data may be restricted, provided the applicant follows the Department’s “Request for Confidentiality” procedure contained in the Department’s “Freedom of Information Act” or “FOIA” regulation. It is important to understand that this FOIA regulation’s confidentiality procedure is a necessary part of this regulation in that any information submitted to the Department is subject to public review unless deemed to be confidential by the Secretary in accordance with the criteria and procedures established in the FOIA regulation. The burden lies with the applicant asserting the claim of confidentiality to meet the criteria established in the FOIA regulation. 9 10.0 Severability If any section, subsection, paragraph, sentence, phrase or word of these regulations is declared unconstitutional by a court of competent jurisdiction, the remainder of these regulations shall remain unimpaired and shall continue in full force and effect, and proceedings there under shall not be affected. 8 DE Reg. 114 (7/1/04) DIVISION OF FISH AND WILDLIFE Statutory Authority: 7 Delaware Code, Section 6010 (7 Del.C.§6010) PUBLIC NOTICE SAN# 2006-01 1. Title of the Regulations: Tidal Finfish Regulations 2. Brief Synopsis of the Subject, Substance and Issues: The Atlantic States Marine Fisheries Commission’s Summer Flounder, Scup and Black Sea Bass Management Board adopted a compliance requirement stipulating that all states in the management regime (Massachusetts through North Carolina) for Black Sea Bass include language in their regulations that clarify the methodology to be used when measuring Black Sea Bass for minimum size determinations. Specifically, each state is required to include language in total length definitions for Black Sea Bass that exclude any caudal filament as part of the measurement. It is proposed to amend tidal finfish regulation No. 3507 (1) and (2) in order to include language regarding the caudal filament. The Summer Flounder Fishery Management Plan (FMP) details the annual process that the Summer Flounder Fishery Management Board, the Mid-Atlantic Management Council and the National Marine Fisheries Service are to use to establish conservation equivalency for the recreational summer flounder fishery. These agencies agreed that the states would implement conservationally equivalent measures rather than a coastwide management program for summer flounder in 2006. Delaware is obligated to cap the summer flounder recreational harvest at 116,000 fish for 2006. The harvest cap has been adjusted downward 22 percent from the previous year’s level of 150, 000 fish because of slower than projected rebuilding in the stock. Although Delaware and all the coastal states in the management regime must adjust their harvest cap downward, estimates of the Delaware 2005 harvest indicated that landings of summer flounder were 29 percent below the adjusted cap imposed for 2006. As such, it is anticipated that management measurers for summer flounder in 2006 can be liberalized and still restrain the harvest below the cap target. It is proposed that a suite of management options will be developed that take into consideration the relatively low landings projected for 2005 and adjust the options that were presented in the previous years to reflect 29 percent liberalization in the harvest. These options will include potential minimum size limits ranging between 16.5 and 17.5 inches in combination with various creel limits that can range from 2 to 8 fish per day and also incorporate seasonal closures, if necessary, to restrain the harvest within the 2006 cap. These management options will be reviewed by the ASMFC Summer Flounder Technical Committee to determine if the correct data sets and analyses were used to project landings under the various options. Once the technical review is completed, those options that were approved will be presented at a public hearing in order to receive input from the fishing community on the various options. 3. Possible Terms of the Agency Action Delaware is required to comply with specific Fishery Management Plans approved by the Atlantic States Marine PROPOSED REGULATIONS Fisheries Commission. Failure to do so could result in complete closure of a specific fishery in Delaware 4. Statutory Basis or Legal Authority to Act: 7 Del.C. §903, 7 (e)(2)(a) 5. Other Regulations That May Be Affected By The Proposal: None 6. Notice of Public Comment: Individuals may present their comments or request additional information by contacting the Fisheries Section, Division of Fish and Wildlife, 89 Kings Highway, Dover, DE 19901, (302) 739-9914. A public hearing on these proposed amendments will be held on March 9, 2006 at 7:30 P.M. in the DNREC Auditorium, 89 Kings Highway, Dover, DE 19901. The record will remain open for written comments until 4:30 PM, March 10, 2006. 7. Prepared By: Richard Cole, (302) 739-4782, January 10, 2006 3507 Black Sea Bass Size Limit; Landing Permits; Qualifying Criteria; Seasons; Quotas (Formerly Tidal Finfish Reg. 23) (Penalty Section 7 Del.C. §936(b)(2)) 1.0 It shall be unlawful for any commercial person to have in possession any black sea bass (Centropristis striata) that measures less than eleven (11) inches, total length excluding any caudal filament. 2.0 It shall be unlawful for any recreational person to have in possession any black sea bass that measures less than twelve (12) inches total length excluding any caudal filament. 6 DE Reg. 1230 (3/1/03) 6 DE Reg. 1360 (4/1/03) 3.0 It shall be unlawful for any commercial fisherman to land, to sell, trade and or barter any black sea bass in Delaware unless authorized by a black sea bass landing permit issued by the Department. The black sea bass landing permit shall be presumed to transfer with the vessel whenever it is bought, sold, or otherwise transferred, unless there is a written agreement, signed by the transferor/seller and transferee/buyer, or other credible written evidence, verifying that the transferor/seller is retaining the vessel’s fishing and permit history for purposes of replacing the vessel. 4.0 The black sea bass pot fishery and the black sea bass commercial hook and line fishery shall be considered separate black sea bass fisheries. The total pounds allocated to each fishery by the Department shall be as follows: 96 percent of the State’s commercial quota, as determined by the ASMFC, for the pot fishery; 4 percent for the commercial hook and line fishery. 5.0 The Department may only issue a black sea bass landing permit for the pot fishery to a person who is the owner of a vessel permitted by the National Marine Fisheries Service in accordance with 50 CFR §§ 648.4 and who had applied for and secured from the Department a commercial food fishing license and has a reported landing history in either the federal or state reporting systems of landing by pot at least 10,000 pounds of black sea bass during the period 1994 through 2001. Those individuals that have landing history only in the federal data base must have possessed a state commercial food fishing license for at least one year during the time from 1994 through 2001. 6.0 The Department may only issue a black sea bass landing permit for the commercial hook and line fishery to a person who has applied for and secured from the Department a commercial food fishing license and a fishing equipment permit for hook and line and submitted landings reports in either the federal or state landing report systems for black sea bass harvested by hook and line during at least one year between 1994 and 2001. 1 DE Reg.1767 (5/1/98) 2 DE Reg 1900 (4/1/99) 3 DE Reg 1088 (2/1/00) 4 DE Reg 1665 (4/1/01) 4 DE Reg 1859 (5/1/01) 5 DE Reg 2142 (5/1/02) 6 DE Reg. 348 (9/1/02) 6 DE Reg. 1230 (3/1/03) 7.0 Any overage of the State's commercial quota will be subtracted by the Atlantic States Marine Fisheries Commission from the next year's commercial quota. Any overage of an individual’s allocation will be subtracted from that individual's allocation the next year and distributed to those individuals in the appropriate fishery that did not exceed their quota. 8.0 Each participant in a black sea bass fishery shall be assigned a equal share of the total pounds of black sea bass allotted by the Department for that particular fishery. A PROPOSED REGULATIONS share shall be determined by dividing the number of pre­registered participants in one of the two recognized fisheries into the total pounds of black sea bass allotted to the fishery by the Department. In order to pre-register an individual must indicate their intent in writing to participate in this fishery by 4:30 PM on a date no later than 15 days after this regulation is signed by the Secretary of the Department. 9.0 It shall be unlawful for a commercial food fisherman to transfer quota allocation shares of black sea bass to another commercial food fishermen. 10.0 Each commercial food fishermen participating in a black sea bass fishery shall report to the Department, via the interactive voice phone reporting system operated by the Department, each days landings in pounds at least one hour after packing out their harvest. 11.0 It shall be unlawful for any recreational fisherman to have in possession more than 25 black sea bass at or between the place where said black sea bass were caught and said recreational fisherman’s personal abode or temporary or transient place of lodging. 7 DE Reg. 1575 (5/1/04) 6 DE Reg. 1230 (3/1/03) 8 DE Reg. 1488 (4/1/05) 3511 Summer Flounder Size Limits; Possession Limits; (Formerly Tidal Finfish Reg. 4) (Penalty Section 7 Del.C. §936(b)(2)) 1.0 It shall be unlawful for any recreational fisherman to have in possession more than four (4) summer flounder at or between the place where said summer flounder were caught and said recreational fisherman's personal abode or temporary or transient place of lodging. (Note: creel limit to be determined in combination with seasonal closure and size limit.) 2.0 It shall be unlawful for any person, other than qualified persons as set forth in section 4.0 of this regulation, to possess any summer flounder that measure less than seventeen and one-half (17.5) inches between the tip of the snout and the furthest tip of the tail. (Note: creel limit to be determined in combination with seasonal closure and size limit.) 7 DE Reg. 1575 (5/1/04) 3.0 It shall be unlawful for any person while on board a vessel, to have in possession any part of a summer flounder that measures less than seventeen and one-half (17.5) inches between said part's two most distant points unless said person also has in possession the head, backbone and tail intact from which said part was removed. (Note: creel limit to be determined in combination with seasonal closure and size limit.) 4.0 Notwithstanding the size limits and possession limits in this regulation, a person may possess a summer flounder that measures no less than fourteen (14) inches between the tip of the snout and the furthest tip of the tail and a quantity of summer flounder in excess of the possession limit set forth in this regulation, provided said person has one of the following: 4.1 A valid bill-of-sale or receipt indicating the date said summer flounder were received, the amount of said summer flounder received and the name, address and signature of the person who had landed said summer flounder; 4.2 A receipt from a licensed or permitted fish dealer who obtained said summer flounder; or 4.3 A bill of lading while transporting fresh or frozen summer flounder. 4.4 A valid commercial food fishing license and a food fishing equipment permit for gill nets. 5.0 It shall be unlawful for any commercial finfisherman to sell, trade and or barter or attempt to sell, trade and or barter any summer flounder or part thereof that is landed in this State by said commercial fisherman after a date when the de minimis amount of commercial landings of summer flounder is determined to have been landed in this State by the Department. The de minimis amount of summer flounder shall be 0.1% of the coast wide commercial quota as set forth in the Summer Flounder Fishery Management Plan approved by the Atlantic States Marine Fisheries Commission. 6.0 It shall be unlawful for any vessel to land more than 200 pounds of summer flounder in any one day in this State. 7.0 It shall be unlawful for any person, who has been issued a commercial food fishing license and fishes for summer flounder with any food fishing equipment other than a gill net, to have in possession more than four (4) summer flounder at or between the place where said summer flounder were caught and said person's personal abode or temporary or transient place of lodging. (Note: creel limit to be determined in combination with seasonal closure and size limit.) 1 DE Reg. 1767 (5/1/98) 2 DE Reg. 1900 (4/1/99) 3 DE Reg. 1088 (2/1/00) PROPOSED REGULATIONS 4 DE Reg. 1552 (3/1/01) 5 DE Reg. 462 (8/1/01) 5 DE Reg. 2142 (5/1/02) 6 DE Reg. 1358 (4/1/03) 7 DE Reg. 1575 (5/1/04) 8 DE Reg. 1488 (4/1/05) DEPARTMENT OF STATE DIVISION OF PROFESSIONAL REGULATION 300 Board of Architecture Statutory Authority: 24 Delaware Code, Section 205 (24 Del.C. §306) 24 DE Admin Code 300 PUBLIC NOTICE The Delaware Board of Architecture in accordance with 24 Del.C. §306 has proposed changes to its rules and regulations to clarify the late renewal process for continuing education requirements. A public hearing will be held on March 1, 2006 at 1:30 p.m. in the second floor conference room B of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Landscape Architecture, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. Pursuant to 29 Del.C. Section 10115 the Delaware Board of Architects is proposing to revise its Rules and Regulations in order to clarify the late renewal process for continuing education requirements. The proposed changes delete the existing Section 6.5 of the Board’s Regulations in their entirety and substitute the following: 6.0 Registration 6.1 Duration - Each certificate of registration issued by the Board shall be valid for two years, or the expiration of the current licensing period. 6.2 Continuing Education Requirement For Renewal ­For license or registration periods beginning August 1, 2003, and thereafter, each holder of a Certificate of Registration shall complete sixteen (16) hours of continuing education (Professional Development Units or PDUs) acceptable to the Board during each biennial licensing period. Completion of required continuing education is a condition for renewal of a Certificate of Registration. Each Registered Architect shall be exempt from the continuing education requirement in his or her initial biennial licensing period, or any portion thereof, in which he or she is licensed or registered to practice. Each Registered Architect shall be required to complete and submit forms prescribed by the Board certifying compliance with the continuing education requirement for renewal of registration. Required documentation may include a syllabus, agenda, itinerary or brochure published by the sponsor of the activity, as well as proof of attendance. The Board reserves the right to require additional information or documentation regarding continuing education compliance from a Registered Architect. 6.3 Content: All continuing education shall be obtained in the areas of Health, Safety and Welfare. The following are deemed acceptable continuing education: a) NCARB monograph programs; b) health safety and welfare programs approved by AIA. 6.4 Hardship Extension: The Board may, in its discretion, grant an extension of time within which the continuing education requirement must be completed for reasons, including, but not limited to, illness, disability, military service, and exceptional family responsibilities. The period of hardship extension granted shall be determined by the Board. Requests for a hardship extension must be in writing and submitted to the Board prior to the expiration of the licensing period. 6.5 Late Renewal. A licensee that has failed to renew on or before the renewal date may apply to renew their expired certificate of registration within twelve (12) months following the renewal date. Such late renewal application must be accompanied by payment of the renewal fee, payment of a late fee, and documentation of compliance with the continuing education requirement. 6.5.1 A licensee that has failed to renew on or before the renewal date may apply to renew their expired registration within six (6) months following the renewal date; provided however, that those licensees with a pending renewal from the 2003 biennial registration period may submit such application within six months of the effective date of this Rule, unless otherwise required by law. 6.5.2 All late renewal applications must be accompanied by: 6.5.2.1 Renewal fee 6.5.2.2 Late renewal fee 6.5.2.3 Documentation of compliance with PROPOSED REGULATIONS the continuing education requirement prior to the renewal date. 6.5.3 A licensee who has failed to complete the continuing education requirement by the renewal date may request an extension of time of up to six (6) months following the renewal date to satisfy the prior license period continuing education requirement; provided however, that those licensees with a pending renewal from the 2003 biennial registration period may satisfy such continuing education requirement with 6 months of the effective date of this Rule, unless otherwise required by law. 6.5.4 No continuing education completed during the late period may be used to satisfy future renewal requirements. 6.6 Not Transferable - A certificate of registration shall not be transferable. 6.7 Revocation, Suspension, Cancellation or Non-renewal of Registration - In the event of revocation, cancellation, suspension or nonrenewal of any registration, the registered architect shall be required immediately to return his/her Certificate of Registration, seal and license to the Board. *Please Note: As the rest of the sections were not amended, they are not being published. The complete regulation is available at: http://www.state.de.us/research/AdminCode/title24/ 300%20Board%20of%20Architects.shtml DIVISION OF PROFESSIONAL REGULATION 2000 Board of Occupational TherapyStatutory Authority: 24 Delaware Code, Section 2006(a)(1) (24 Del.C. §2006(a)(1)) 24 DE Admin. Code 2000 PUBLIC NOTICE The State Board of Occupational Therapy Practice in accordance with 24 Del.C. §2006(a)(1) has proposed changes to its rules and regulations related to the online renewal and continuing education. A public hearing will be held at 4:30 p.m. on March 15, 2006 in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the State Board of Occupational Therapy Practice, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover, DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing. The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing. Proposed Regulations 2.0 Licensure Procedures: 2.1 To apply for an initial license, including relicensure after expiration, an applicant shall submit to the Board: 2.1.1 A completed notarized application on the form approved by the Board; 2.1.2 Verification of a passing score on the NBCOT standardized exam submitted by the exam service or NBCOT; 2.1.2.1 If the date of application for licensure is more than three years following the successful completion of the NBCOT exam, the applicant shall submit proof of twenty (20) hours of continuing education in the two years preceding the application in accordance with Rule 5.0 of these rules and regulations. 2.1.3 Official transcript and proof of successful completion of field work submitted by the school directly to the Board office; 2.1.4 Fee payable to the State of Delaware. 2.2 To apply for a reciprocal license, in addition to the requirements listed in 24 Del.C. §2011, an applicant shall submit the following to the Board: 2.2.1 A completed notarized application on the form approved by the Board; 2.2.2 Verification of a passing score on the NBCOT standardized exam submitted by the exam service or NBCOT; 2.2.3 Letter of verification from any state in which the applicant has been licensed (the applicant is responsible for forwarding the blank verification form to all states where they are now or ever have been licensed); 2.2.4 Fee payable to the State of Delaware. 2.3 To apply for renewal, an applicant shall submit: 2.3.1 A completed renewal application on the form approved by the Board. Beginning in 2006, license renewal may be accomplished online at www.dpr.delaware.gov; 2.3.2 Evidence Proof of meeting continuing education requirements as designated by the Board in Rule 5 3.0; 2.3.3 Renewal fee payable to the State of Delaware. 2.4 To apply for inactive status: A licensee may, upon written request to the Board, PROPOSED REGULATIONS have his/her license placed on inactive status if he/she is not actively engaged in the practice of occupational therapy in the State. 2.5 To apply for reactivation of an inactive license, a licensee shall submit: 2.5.1 A letter requesting reactivation; 2.5.2 A completed application for renewal; 2.5.3 Proof of continuing education attained within the past two years (20 contact hours). The twenty (20) hours must be in accordance with Rule 5.0 of these rules and regulations; 2.5.4 Fee payable to the State of Delaware. 2.6 To apply for reinstatement of an expired license, an applicant shall submit (within three (3) years of the expiration date): 2.6.1 A completed application for renewal; 2.6.2 Proof of continuing education attained within the past two years (20 contact hours). The twenty (20) hours