FINAL ORDER Date: April 27, 2021 Amendments to Regulations of the Thoroughbred Racing Commission The Thoroughbred Racing Commission (“Commission”) issues this Order to take effect ten (10) days after the publication of this Order in the Delaware Register of Regulations: 1. Pursuant to its statutory authority (3 Del.C. §10103(c)), the Commission proposed for adoption revisions to the Commission's Rule 15 by amending Rules 15.1.3.1.5 and 15.1.3.1.6 relating to phenylbutazone and oxphenobutazone and amending Rule 15.2.1.4 relating to Furosemide (Salix). Other regulations issued by the Thoroughbred Racing Commission are not affected by this Order. 2. A copy of the proposed regulations was published in the September 1, 2020 edition of the Delaware Register of Regulations and has been available for inspection in the office of the Commission at 777 Delaware Park Boulevard, Wilmington, Delaware 19804 during regular office hours. 3. The Commission did not receive any written comments on the proposed regulations during the 30 day period following publication of the proposed regulations on September 1, 2020. 4. THEREFORE, IT IS ORDERED, that the proposed regulations are adopted and shall become effective May 11, 2021, after publication of the final regulation in the May 1, 2021 edition of the Delaware Register of Regulations. Delaware Thoroughbred Racing Commission Sarah A. Crane, Executive Director FINAL ORDER Date: April 14, 2021 Amendments to Regulations of the Thoroughbred Racing Commission The Thoroughbred Racing Commission (“Commission”) issues this Order to take effect ten (10) days after the publication of this Order in the Delaware Register of Regulations: 1. Pursuant to its statutory authority (3 Del.C. §10103(c)), the Commission proposed for adoption revisions to the Commission's Rules 2.3, 2.5.1.17.1, 2.5.1.22, 2.10, 3.4.1.15, 6.1.7, 7.3.4, 11.4, 11.14, 15.6.3, and 15.32. Other regulations issued by the Thoroughbred Racing Commission are not affected by this proposal. The Thoroughbred Racing Commission is issuing these proposed regulations in accordance with Title 3 of the Delaware Code. This notice is issued pursuant to the requirements of Chapter 101 of Title 29 of the Delaware Code. 2. A copy of the proposed regulations was published in the March 1, 2021 edition of the Delaware Register of Regulations and has been available for inspection in the office of the Commission at 777 Delaware Park Boulevard, Wilmington, Delaware 19804 during regular office hours. 3. The Commission did not receive any written comments on the proposed regulations during the 30 day period following publication of the proposed regulations on March 1, 2021. 4. THEREFORE, IT IS ORDERED, that the proposed regulations are adopted and shall become effective May 11, 2021, after publication of the final regulation in the May 1, 2021 edition of the Delaware Register of Regulations. Delaware Thoroughbred Racing Commission Sarah A. Crane, Executive Director REGULATORY IMPLEMENTING ORDER I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED Pursuant to 14 Del.C. §1049B, the Secretary of Education intends to amend 14 DE Admin. Code 210 District School Board Member Special Education Due Process Hearing Training. This regulation is being amended to include charter school board members; to ensure consistent and clear language when referencing school district, charter school and vocational technical school district; and to streamline language in accordance with the Delaware Administrative Code Style Manual. Notice of the proposed regulation was published in the Delaware Register of Regulations on March 1, 2021. In addition, notice was published in The News Journal and the Delaware State News on March 1, 2021, in the form hereto attached as Exhibit "A". Comments received which were pertinent to the proposed amendments suggested the Department consider the following: (1) Given that Regulation 210 District School Board Member Special Education Due Process Hearing Training and Regulation 211 Notice of School Boards of Due Process Proceedings essentially address the same situation, they should have more consistent language; specifically the definition of "School Board Member" in Regulation 210 does not include vocational technical school boards. For clarity, the comment suggests removing the existing definition of "District School Board or Charter School Board" and instead include a definition for "School Board Member" which includes charter school boards, reorganized school district boards and vocational technical school district boards. Response: The Department agrees that for clarity the definitions of "School Board" and "School Board Member" in Regulation 210 District School Board Member Special Education Due Process Hearing Training should be defined the same as in Regulation 211 Notice to School Boards of Due Process Proceedings. Therefore, the proposed definition of "District School Board" or "Charter School Board" in Regulation 210 will be removed and replaced with the "School Board" definition as it appears in Regulation 211. Additionally, the "School Board Member" definition in Regulation 210 will be updated to align with the same definition in Regulation 211. A reference to "District or Charter School Board Member" in subsection 4.1 of Regulation 210 was corrected as well. (2) Stakeholders receive more than the minimum of two hours of Special Education Due Process Hearing Training due to the complexity and due diligence needed to ensure school board members are given ample opportunity to learn as much as possible about the process. Response: The Department appreciates the recommendation but disagrees. The training is a minimum of two hours. In addition to the live presentation, the Department also provides a compendium of resources including case studies, regulations, Delaware special education statistics, responsibilities of the School Board members, Procedural Safeguards, Due Process Procedures, and State Complaint Procedures. School Board Members are also provided with the presenters' contact information and encouraged to contact them with any further questions or concerns. (3) The timeframe in which school board members must be trained should be reduced from one year to three months in order to protect the rights of students with disabilities under the IDEA. Response: The Department appreciates the recommendation but disagrees. This training is one element of a larger required training for all School Board members which is coordinated by the Executive Director of the Delaware School Boards Association. The Executive Director schedules these trainings. II. FINDINGS OF FACTS The Secretary finds that it is appropriate to amend 14 DE Admin. Code 210 District School Board Member Special Education Due Process Hearing Training in order to include charter school board members, to ensure consistent and clear language when referencing school district, charter school and vocational technical school district, and to streamline language in accordance with the Delaware Administrative Code Style Manual. III. DECISION TO AMEND THE REGULATION For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 210 District School Board Member Special Education Due Process Hearing Training. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 210 District School Board Member Special Education Due Process Hearing Training attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 210 District School Board Member Special Education Due Process Hearing Training hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below. IV. TEXT AND CITATION The text of 14 DE Admin. Code 210 District School Board Member Special Education Due Process Hearing Training amended hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 210 District School Board Member Special Education Due Process Hearing Training in the Administrative Code of Regulations for the Department of Education. V. EFFECTIVE DATE OF ORDER The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on April 13, 2021. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. IT IS SO ORDERED the 13th day of April 2021. Department of Education Susan S. Bunting, Ed.D., Secretary of Education Approved this 13th day of April 2021 210 District and Charter School Board Member Special Education Due Process Hearing Training The purpose of this regulation is to outline the criteria and process for the required training for members of district and charter school boards, including vocational technical school boards, pursuant to 14 Del.C. §1049B. The purpose of the training is to inform school board members of the educational and legal issues generally involved in special education due process hearings arising under the Individuals With Disabilities Education Act, 20 U.S.C.§ 1400 (“IDEA”) and Chapter 31 of Title 14 of the Delaware Code (“Chapter 31”) 14 Del.C. Ch. 31. The training required by this regulation shall be conducted by a trainer as defined in this regulation. REGULATORY IMPLEMENTING ORDER I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED Pursuant to 14 Del.C. §3110(d), the Secretary of Education intends to amend 14 DE Admin. Code 211 Notice to School Boards of Due Process Proceedings. This regulation is being amended to specifically recognize vocational school and charter school board members and to streamline language in accordance with the Delaware Administrative Code Style Manual. Notice of the proposed regulation was published in the Delaware Register of Regulations on March 1, 2021. In addition, notice was published in The News Journal and the Delaware State News on March 1, 2021, in the form hereto attached as Exhibit "A". Comments received which were pertinent to the proposed amendments were either in support of the changes or suggested the Department consider the following: (1)Regulation 210 District School Board Member Special Education Due Process Hearing Training and Regulation 211 Notice of School Boards of Due Process Proceedings essentially address the same situation, therefore they should have more consistent language. Specifically, the definition of "School Board Member" in Regulation 210 does not include vocational technical school boards. For clarity, the comment suggests removing the existing definition of "District School Board or Charter School Board" and instead include a definition for "School Board Member" which includes charter school boards, reorganized school district boards and vocational technical school district boards. Response: The Department agrees that for clarity the definitions of "School Board" and "School Board Member" in Regulation 210 District School Board Member Special Education Due Process Hearing Training should be defined the same as in Regulation 211 Notice to School Boards of Due Process Proceedings. These changes were made to Regulation 210, including a reference to "School Board" in subsection 4.1 of Regulation 210. (2)The Department noted that the words "whether" and "person" are unnecessary and should be removed from the definition of "School Board Member" in Regulation 211 to simplify the definition, to comply with the Delaware Administrative Code Style Manual, and to ensure consistency with similar definitions in Regulation 210. Response: These changes were made within Regulation 211 to simplify the definition, to comply with the Delaware Administrative Code Style Manual, and to ensure consistency with similar definitions in Regulation 210. II. FINDINGS OF FACTS The Secretary finds that it is appropriate to amend 14 DE Admin. Code 211 Notice to School Boards of Due Process Proceedings to specifically recognize vocational school and charter school board members and to streamline language in accordance with the Delaware Administrative Code Style Manual. III. DECISION TO AMEND THE REGULATION For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 211 Notice to School Boards of Due Process Proceedings. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 211 Notice to School Boards of Due Process Proceedings attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 211 Notice to School Boards of Due Process Proceedings hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below. IV. TEXT AND CITATION The text of 14 DE Admin. Code 211 Notice to School Boards of Due Process Proceedings amended hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 211 Notice to School Boards of Due Process Proceedings in the Administrative Code of Regulations for the Department of Education. V. EFFECTIVE DATE OF ORDER The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on April 13, 2021. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. IT IS SO ORDERED the 13th day of April 2021. Department of Education Susan S. Bunting, Ed.D., Secretary of Education Approved this 13th day of April 2021 211 Notice to District and Charter School Boards of Due Process Proceedings Hearings The purpose of this regulation is to outline the process for notifying district, including vocational technical school, and charter school board members pursuant to 14 Del.C. §3110(d) of special education administrative hearings under the Individuals With Disabilities Education Act, 20 U.S.C.§ 1400 et seq. (“IDEA”) and 14 Del.C. §3101 et seq (“Chapter 31”) involving the school district district, vocational technical school, or charter school. Actions taken and documents provided in accordance with this regulation and 14 Del.C. §3110(d) must comply with IDEA and its regulations, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g (“FERPA”) and its regulations, the Delaware Freedom of Information Act, 14 Del.C. §10001 et seq. (“FOIA”), and all other applicable federal and state laws and regulations governing the privacy and confidentiality of student information and records. A decision by a reorganized school district or district, a vocational technical school district or a charter school to seek judicial review of a due process hearing decision must be made by a majority of school board members. ORDER IN THE MATTER OF: ) ) ADOPTION OF THE STATE OF DELAWARE ) REGULATIONS GOVERNING ) REINSURANCE ) NATURE OF THE PROCEEDINGS: Delaware Health and Social Services (“DHSS”) initiated proceedings to adopt the State of Delaware Regulations Governing Reinsurance. The DHSS proceedings to adopt regulations were initiated pursuant to 29 Del. C. Chapter 101 and authority as prescribed by 16 Del. C. § 9903. On March 1, 2021 (Volume 24, Issue 9), DHSS published in the Delaware Register of Regulations its notice of proposed regulations, pursuant to 29 Del. C. § 10115. It requested that written materials and suggestions from the public concerning the proposed regulations be delivered to DHSS by April 1, 2021, after which time DHSS would review information, factual evidence, and public comment to the said proposed regulations. Written comments were received during the public comment period and evaluated. The results of that evaluation are summarized in the accompanying “Summary of Evidence.” FINDINGS OF FACT: Some changes were made to the regulations since publication as proposed. The Department finds that the proposed regulations, as set forth in the attached copy, should be adopted in the best interest of the general public of the State of Delaware. THEREFORE, IT IS ORDERED, that the proposed State of Delaware Regulations Governing Reinsurance is adopted and shall become effective May 11, 2021, 10 days after publication of the final regulation in the Delaware Register of Regulations. April 9, 2021 Date Molly K. Magarik, MS Cabinet Secretary SUMMARY OF EVIDENCE STATE OF DELAWARE REGULATIONS GOVERNING REINSURANCE In accordance with Delaware Law, public notices regarding proposed Department of Health and Social Services (DHSS) Regulations Governing Reinsurance were published in the Delaware Register of Regulations. Written comments were received on the proposed regulations during the public comment period (March 1, 2021 through April 1, 2021). Entities offering written comments include: • State Council for Persons with Disabilities (SCPD), Terri Hancharick – Chairperson • Governor’s Advisory Council for Exceptional Citizens (GACEC), Ann Fisher - Chairperson; Wendy Strauss - Executive Director • Highmark Blue Cross Blue Shield Delaware, Pamela V. Price - Senior Government Affairs Representative Comments from the State Council for Persons with Disabilities (SCPD) The proposed regulations are mandated by the law establishing the reinsurance program and fund and promulgated by the DHCC. They further the purpose of the program, namely, to provide reinsurance to carriers that offer individual health plans by reimbursing eligible claims as defined in the regulations. • Response: The Health Care Commission appreciates the SCPD reviewing the proposed regulations and the comment. Comments from the Governor’s Advisory Council for Exceptional Citizens (GACEC) The Governor’s Advisory Council for Exceptional Citizens (GACEC) has reviewed the Delaware Health and Social Services (DHSS)/Delaware Health Care Commission (DHCC) proposal to revise the Delaware Health Insurance Individual Market Stabilization Reinsurance Program and Fund. These regulations were mandated by House Bill 193, which required the Delaware Health Care Commission to establish the Delaware Health Insurance Individual Market Stabilization Reinsurance Program and Fund. They further the purpose of the program, namely, to provide reinsurance to carriers that offer individual health plans by reimbursing eligible claims as defined in the regulations. Council endorses the proposed regulations. • Response: The Health Care Commission appreciates the GACEC reviewing the proposed regulations and the comment. Comments from Highmark Blue Cross Blue Shield Delaware The regulation is being revised to include a reference to “2020 claim payments,” but that reference will no longer be relevant after this year. Our proposed edit to the revised Section 4.4.4 is: “Estimate of prior Benefit Year 2020 claim payments outstanding, e.g., to be paid after February 28th or February 29th of the current calendar year.” • Response: The Health Care Commission appreciates this comment and will change the regulation to reflect this edit. Delaware Health Insurance Individual Market Stabilization Reinsurance Program and Fund This regulation is promulgated pursuant to the authority granted in Chapter 99, Title 16, of the Delaware Code. The following definitions shall apply to this regulation: 4.1.5.1 The start and end dates of coverage for the reinsurance eligible individual; 4.1.5.2 The DHCC plan identification number for the reinsurance eligible health benefit plan in which the reinsurance eligible individual was enrolled; 4.1.5.3 The total amount of reinsurance eligible claims for the reinsurance eligible individual for the benefit year; and 4.1.5.4 The total amount of reinsurance eligible claims for the reinsurance eligible individual for the benefit year that fall between the attachment point and reinsurance cap. 4.6.5.1 The start and end dates of coverage for the reinsurance eligible individual; 4.6.5.2 The DHCC plan identification number for the reinsurance eligible health benefit plan in which the reinsurance eligible individual was enrolled; 4.6.5.3 The total amount of reinsurance eligible claims for the reinsurance eligible individual for the benefit year; and 4.6.5.4 The total amount of reinsurance eligible claims for the reinsurance eligible individual for the benefit year that fall between the attachment point and reinsurance cap. Annually, the Executive Director shall set an attachment point, cap, and coinsurance rate for the reinsurance program for the upcoming year based on anticipated revenue and recently reported premium, enrollment, and claims data. If any provisions of this regulation or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or application of these regulations which can be given effect, and to this end the provisions of these regulations are declared to be severable. ORDER BEFORE DELAWARE HEALTH AND SOCIAL SERVICES IN THE MATTER OF REVISION OF THE REGULATION ) OF DELAWARE'S ) DELAWARE SOCIAL SERVICES MANUAL (DSSM) ) DSSM 2024 ) NATURE OF THE PROCEEDINGS: Delaware Health and Social Services (Department) / Division of Social Services initiated proceedings to amend Division of Social Services Manual (DSSM) regarding Case Processing Procedures, specifically, to explain the procedures for disqualifying individuals from cash assistance and food benefit programs when an individual has been found guilty of fraudulently receiving these benefits in multiple states. The Department's proceedings to amend its regulations were initiated pursuant to 29 Del. C. § 10114 and its authority as prescribed by 31 Del. C. § 512. The Department published its notice of proposed regulation changes pursuant to 29 Del. C. § 10115 in the April 2020 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by May 1, 2020, at which time the Department would receive information, factual evidence, and public comment to the said proposed changes to the regulations. SUMMARY OF PROPOSAL Effective for services provided on and after May 11, 2021, Delaware Health and Social Services (Department)/ Division of Social Services (DSS) proposes to amend the Division of Social Service Manual (DSSM) section 2024 specifically to explain the case processing procedures for disqualifying individuals from cash assistance and food benefit programs when an individual has been found guilty of fraudulently receiving these benefits in multiple states. Statutory Authority • 42 U.S.C. § 608 (a)(8) • 7 C.F.R. § 273.16 (b)(5) Background Federal regulations mandate that individuals who are found guilty of fraudulently receiving cash assistance or food benefits in multiple states are disqualified from receiving these benefits for a 10-year period. DSSM 2024 identifies the disqualification criteria for multiple benefits for cash assistance programs and the Supplement Nutrition Assistance Program (SNAP) and provides case processing instructions for DSS staff. NOTE: Regulation 2024 is being published as final. Regulation 2024 was originally proposed with Regulation 2020 on burial assistance in 23 DE Reg. 827 (04/01/20) (Prop.). Regulation 2020 will be republished at a later date. Purpose The purpose is to amend DSSM 2024 to improve the format of the policy and to include the current procedures for disqualifying individuals for fraudulently receiving cash assistance or food benefits in multiple states. Public Notice In accordance with the federal public notice requirements established at Section 1902(a)(13)(A) of the Social Security Act and 42 CFR 447.205 and the state public notice requirements of Title 29, Chapter 101 of the Delaware Code, Delaware Health and Social Services (DHSS)/Division of Social Services (DSS) gives public notice and provides an open comment period for thirty (30) days to allow all stakeholders an opportunity to provide input on the proposed regulation. Comments were to have been received by 4:30 p.m. on May 1, 2020. Fiscal Impact Statement There is no anticipated fiscal impact associated with this policy change. Summary of Comments Received with Agency Response and Explanation of Changes No comments were received during the public comment period. FINDINGS OF FACT: The Department finds that the proposed changes as set forth in the April 2020 Register of Regulations should be adopted. THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Division of Social Service Manual section 2024, specifically to explain the case processing procedures for disqualifying individuals from cash assistance and food benefit programs when an individual has been found guilty of fraudulently receiving these benefits in multiple states, is adopted and shall be final effective May 11, 2021. 4/13/2021______ Date of Signature Molly K. Magarik, Secretary, DHSS POLICY – AMENDMENT Delaware Department of Health and Social Services Division of Social Services Policy and Program Development Unit 42 USC 608 (a)(8); 7 CFR. 273.16 (b)(5) For Cash Benefits: • Individuals shall be ineligible to receive cash benefits as a member of any assistance unit for a ten (10) year period if they misrepresent their place of residence in order to receive multiple benefits. • The individual must have been convicted in Federal or State court of having made a fraudulent statement or representation with respect to the place of residence of the individual in order to receive assistance from two or more states at the same time. This provision applies to programs funded under Title IV, Title XIX Medicaid program, the Food Stamp Act of 1977, and Title XVI Supplemental Security Income program. This does not apply to an individual for whom the President of the United States has granted a pardon. • Determine income, resources, and deductions according to DSSM 4003.2 if the individual is a parent payee. Exclude the income and resources of the individual if the person is a non-parent payee. For Food Stamps: • Individuals shall be ineligible to receive food stamp benefits as a member of any household for a 10 year period if they misrepresent their identity and/or place of residence in order to receive multiple food stamp benefits. • The individual(s) must be found guilty by DSS to have made a fraudulent statement or misrepresentation to the identity and/or place of residence or convicted in a Federal or State court of having made a fraudulent statement or misrepresentation to the identity and/or place of residence in order to receive the multiple benefits at the same time. • Determine the income, resources and deductions of these disqualified individuals according to DSSM 9076.1. Individuals who have been found guilty of fraudulently receiving cash assistance or food benefits in multiple states are disqualified from receiving these benefits. i. Made a fraudulent statement or representation of the individual's place of residence to receive assistance from two or more states simultaneously; and ii. Was convicted in federal or state court for this offense. i. Determine the income, resources, and deductions according to DSSM 4003.2 if the disqualified individual is a parent payee; or ii. Exclude the income and resources of the disqualified individual if the individual is a non- parent payee. i. Made a fraudulent statement or representation of the individual's place of residence or identity to receive assistance from two or more states simultaneously; and ii. Was convicted in federal or state court, was found guilty as the result of an Administrative Disqualification Hearing, or signed a waiver of the right to an Administrative Disqualification Hearing for this offense. i. Determine the income, resources, and deductions of the disqualified individual according to DSSM 9076.1. ORDER NATURE OF THE PROCEEDINGS At 24 DE Reg. 763 (February 1, 2021), The Council on Police Training (COPT), pursuant to 11 Del. C. §8404(a)(14) and in accordance with 29 Del. C. §10115, published notice of intent to adopt regulations that seek to update information regarding firearms training and qualifications, temporarily waiving or modifying minimum standards under declared states of emergency, reviewing reciprocity cases, and make other minor technical corrections and clarifications. At the same time, the COPT submitted a Regulatory Flexibility Analysis and Impact Statement for this proposed revised regulation, as required by 29 Del. C. Ch. 104. The COPT solicited written comments from the public for thirty (30) days as mandated by 29 Del. C. §10118(a). SUMMARY OF EVIDENCE In accordance with law, public notice regarding the proposed revised regulation was published in the Delaware Register of Regulations. The public comment period was open from February 1, 2021 through March 03, 2021. During this period, the COPT did not receive any written responses. FINDINGS OF FACT The public was given the required notice of the Council's intention to adopt the proposed revised regulation and was given opportunity to submit comments. The required Regulatory Flexibility Analysis and Impact Statement for this proposed revised regulation was submitted. No written responses were received during the comment period. Thus, the COPT finds that the proposed revised regulations should be adopted as submitted by the COPT. EFFECTIVE DATE OF ORDER The actions hereinabove referred to were taken by the COPT pursuant to 11 Del. C. §8404(a)(14). The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations. ORDER NOW THEREFORE, under the statutory authority and for the reasons set forth above, the Council on Police Training does hereby ORDER this 13th day of April 2021 that the regulations be, and that they hereby are, adopted to be enacted as set forth below. IT IS SO ORDERED, this 13th day of April 2021. COUNCIL ON POLICE TRAINING /s/ Nathaniel McQueen, Jr. Chair Christopher Jones Chief of Police, Newark Police Department/Proxy Robert J. Irwin Attorney General/Proxy Major Sean Moriarty Superintendent of State Police/ Proxy Absent /Susan Bunting Secretary, Department of Education/Proxy Department of Education Chief Thomas A. Johnson, Jr. Chief of Police, Dover Police Department/Proxy Absent /Charles Emory (Proxy) Chief of Police, Wilmington Police Department/Proxy Mayor Robin Christiansen Mayor, Kent County Absent / Capt. Joseph Bloch (Proxy) Chief of the New Castle County Police/Proxy Chief Patrick Ogden Chair, Delaware Police Chiefs Council/Proxy Absent / William West Mayor, Sussex County Lew Killmer President, Delaware League of Local Government/Proxy *Please Note: Electronic signatures ("/s/") were accepted pursuant to 6 Del.C. §12A-107(d). ORDER IN THE MATTER OF THE ADOPTION OF RULES AND PROCEDURES TO IMPLEMENT THE RENEWABLE ENERGY PORTFOLIO STANDARDS ACT, 26 DEL. C. §§ 351-363, AS APPLIED TO RETAIL ELECTRICITY SUPPLIERS (OPENED AUGUST 23, 2005; REOPENED SEPTEMBER 4, 2007; AUGUST 5, 2008; SEPTEMBER 22, 2009; AUGUST 17, 2010; SEPTEMBER 6, 2011, SEPTEMBER 18, 2012; FEBRUARY 2, 2017; MARCH 31, 2021) |||||||||| PSC REGULATION DOCKET NO. 56 ORDER NO. 9768 (CORRECTED) AND NOW, this 31st day of March 2021, the Delaware Public Service Commission ("Commission") determines and orders as follows: WHEREAS, on February 10, 2021, the Governor of Delaware signed into law Senate Bill 33, thereby amending the Renewable Energy Portfolio Standards Act ("REPSA") at §§ 354, 358, 362, and 363 of Title 26 of the Delaware Code1; and WHEREAS, Senate Bill 33: (i) continued increasing the required minimum percentage of electrical energy sales to Delaware end-use customers from renewable energy sources through 2035; (ii) eliminated the "cost-cap" mechanism for freezing the REPSA minimum percentages and replaced it with a market-based mechanism that freezes the REPSA minimum percentages when alternative compliance payments exceed certain levels; and (iii) replaced the term "retail electricity supplier" with "commission-regulated utility" in 26 Del. C. §§ 354 and 358;2 and WHEREAS, the attached revisions to the Commission's Rules and Procedures to Implement the Renewable Energy Portfolio Standard, 26 Del. Admin. C. § 3008 et seq. ("RPS Rules")3 are necessary to reflect the Senate Bill 33 amendments by updating the required minimum percentages of renewable energy, replacing the "cost cap" mechanism with the market-based mechanism provided by Senate Bill 33, and replacing "electricity supplier" with "commission regulated electric company" or "CREC"; and WHEREAS, under 29 Del. C. § 10113(b)(5), an agency's "amendments to existing regulations to make them consistent with changes in basic law but which do not otherwise alter the substance of the regulations" is exempt from the requirements of 29 Del. C. Ch. 101 relating to notice and public comment and may instead be informally adopted or amended; and WHEREAS, the attached revisions to the RPS Rules also include nonsubstantive changes to alter style or form or to correct technical errors; and WHEREAS, under 29 Del. C. § 10113(b)(4), an agency's adoption of "[n]onsubstantive changes in existing regulations to alter style or form or to correct technical errors" is exempt from the requirements of 29 Del. C. Ch. 101 relating to notice and public comment and may instead be informally adopted or amended; and WHEREAS, given that the attached revisions are necessary to make the RPS Rules consistent with the Senate Bill 33 amendments to REPSA, to address style and form, and to correct technical errors, the Commission finds that 29 Del. C. §§ 10113(b)(4)-(5) apply to these amendments; and 1 Senate Bill 33 is attached hereto as Exhibit “A”. 2 The change in terms reflects REPSA amendments from 2011 which transferred the REPSA renewable energy obligation from all “retail electricity suppliers” to “commission-regulated electric companies.” See Senate Bill No. 124, as amended by Senate Amendment No. 1 (78 Del. Laws ch. 99) (July 7, 2011). 3 The Commission Order No. 6931 dated June 6, 2006 and subsequently amended in last made changes by Order No. 9289 dated November 9, 2018. WHEREAS, on March 12, 2021, Commission Staff posted the draft RPS Rules to DelaFile advising interested persons that the Commission would accept written comments by March 19, 2021, and Staff received no such comments; NOW, THEREFORE, IT IS HEREBY ORDERED BY THE AFFIRMATIVE VOTE OF NOT FEWER THAN THREE COMMISSIONERS: 1. That pursuant to 26 Del. C. § 362(a) and 29 Del. C. §§ 10113(b)(4)-(5), the Commission hereby amends its Rules and Procedures to Implement the Renewable Energy Portfolio Standard, 26 Del. Admin. C. § 3008, as proposed herein. A marked-up version of the RPS Rules reflecting only the amended sections is attached as Exhibit "B". A non-marked up version of the entire text of The Rules, as amended herein, is attached as Exhibit "C". 2. That pursuant to 26 Del. C. §§ 10113 and 10118, the Secretary of the Commission shall transmit a copy of this Order, including Exhibits "B" and "C," to the Registrar of Regulations for publication in the May 1, 2021 edition of the Delaware Register of Regulations. An exact copy of the RPS Rules, as amended, shall be published in the Delaware Register of Regulations as the current official regulation as defined in 29 Del. C. § 1132. 3. That the effective date of the amendments to the RPS Rules shall be the later of May 11, 2021, or ten days after publication in the Delaware Register of Regulations. 4. That the Commission reserves the jurisdiction and authority to enter such further Orders in this matter as may be deemed necessary or proper. BY ORDER OF THE COMMISSION: /s/ Dallas Winslow, Chairman /s/ Manubhai C. Karia, Commissioner /s/ Joann T. Conaway, Commissioner /s/ Kim Drexler, Commissioner /s/ Harold B. Gray, Commissioner ATTEST: Donna Nickerson, Secretary *Please Note: Electronic signatures ("/s/") were accepted pursuant to 6 Del.C. §12A-107(d). EXHIBIT “A” Order No. 9768 (Senate Bill 33) https://legis.delaware.gov/BillDetail?LegislationId=48278 *Please Note: Due to the size of the final regulation, it is not being published here. A copy of the regulation is available at: 3008 Rules and Procedures to Implement the Renewable Energy Portfolio Standard DRIVER SERVICES ORDER Pursuant to the authority provided by 21 Del. C. §302, 18 Del. C. §2503, and 29 Del. C §101, the Delaware Division of Motor Vehicles (DMV), adopted the Defensive Driving Course, Providers, and Instructors. The Division of Motor Vehicles uses this regulation to initiate program requirements. Findings of Fact and Conclusions of Law 1. The public was given notice and the opportunity to provide comments in writing concerning the proposed revisions. 2. The proposed revisions are useful and proper, and the Department believes that the adoption of these regulations is appropriate. Decision and Effective Date Based on the provision of Delaware law and the record of this docket, I hereby adopt the Defensive Driving Course, Providers, and Instructors as set forth in the version attached, to be effective May 11, 2021. It is ordered on this 7th day of April, 2021. Nicole Majeski, Secretary Delaware Department of Transportation