DE HB442

Amends Delaware Code Title 26 to clarify that wastewater utilities cannot obtain a certificate of public convenience and necessity in an "existing service territory" of a government entity.

Addresses New Castle County's practice of claiming a wide wastewater service territory while refusing to provide service and objecting to regulated utility applications.

For properties in New Castle County south of the Chesapeake and Delaware Canal and north of Middletown and Odessa, the Public Service Commission shall grant a certificate of public convenience and necessity if the property is zoned Suburban (S) or higher density and the County cannot provide service within five years.

Requires that New Castle County demonstrate it is "ready, willing, and able" to provide wastewater service to the parcels within five years after service is first requested, or lose the ability to block utility applications.