AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO APPEALS TO THE ENVIRONMENTAL APPEALS BOARD.

This Act revises the procedures before the Environmental Appeals Board as follows: • Streamlines the appeal procedures to avoid unnecessary delays in the permitting process. • Addresses a ruling from the Superior Court in 1986, Worldwide Salvage, Inc. v. Env’t Appeals Bd., 1986 WL 3650 (Del. Super.

Ct. Jan. 30, 1986), which held that there is no right to appeal to the Environmental Appeals Board decisions by the Secretary to grant permits relating to subaqueous state lands. Like House Bill No. 456 (153rd General Assembly), this Act allows persons substantially impacted by the grant of a subaqueous lands permit may appeal to the Environmental Appeals Board. • Eliminates any appeal of a finding by the Secretary regarding consistency with the federal Coastal Zone Management Act because there is a federal process for these appeals and a state appeal process would conflict with the federal appeals process.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.