Section 10004 - Climate action plan(a) Climate Action Plan as the Ongoing Framework to Meet Targets. The Climate Action Plan shall serve as the framework to guide all State agencies in working towards achievement of Delaware's 2030 Target and 2050 Target, and, along with the Climate Action Plan Implementation Report required by § 10006(d), shall serve to provide recommendations for any legislation, regulation, or policy changes required to continue to make progress towards the greenhouse gas emissions reduction targets. The Department, working with the Office of the Governor, shall be responsible for updating the Climate Action Plan. The Climate Action Plan shall be updated not later than November 15, 2025 and every 5 years thereafter.
(b) Climate Change Officers to Assist in Updating and Implementation. Each Key Cabinet-Level Department shall identify one individual from within such department to serve as a Climate Change Officer to support achievement of Delaware's 2030 Target and 2050 Target through implementation of the State's Climate Action Plan. The Department shall appoint one Climate Change Officer and also the Chief Climate Change Officer. The Climate Change Officers from all Key Cabinet-Level Departments shall meet as a group at least biannually to assess progress towards meeting the greenhouse gas emissions reduction targets and assess the status of implementation of legislation, regulations or policies identified in the most recent Climate Action Plan. This meeting shall be chaired by the Chief Climate Change Officer. Each Climate Change Officer shall:
(1) Provide any information needed to evaluate the ongoing implementation of the Climate Action Plan.(2) Provide any information needed to develop all updates to the Climate Action Plan.(3) Work with the Department on the development and drafting of the aspects of the Climate Action Plan that address risks or opportunities relevant to the Climate Change Officer's Department.(4) Work with the secretary of their Key Cabinet-Level Department to coordinate all input from their Department upon the Climate Action Plan as it is developed.(5) Provide any data or analysis requested by the Technical Climate Advisors.(6) Obtain and hold any professional certification or professional training relevant to climate change identified by the Office of the Governor.(c) Assistance from All State Agencies. All other State agencies shall provide any necessary assistance to the Department in the compilation of data or other information that the Department, or any Climate Change Officer, determines is necessary to update the Climate Action Plan.
(d) Contents of the Climate Action Plan. Each update of the Climate Action Plan shall include:
(1) An assessment of existing federal, State, and local greenhouse gas emissions reduction strategies, including reference to emissions modeling and emissions inventories.(2) An assessment of whether existing federal, State, and local greenhouse gas emissions reduction strategies are sufficient to meet the State's greenhouse gas emissions reduction targets.(3) Additional greenhouse gas emissions reduction strategies to be considered for implementation, if existing federal, State, and local greenhouse gas emissions reduction strategies are not sufficient to meet the State's greenhouse gas emissions reduction targets.(4) The Department's recommendations for legislative, regulatory, and policy changes necessary for the State to meet its greenhouse gas emissions reduction targets, on topics including renewable energy, energy efficiency, transportation, industrial pollutants, offsets, and land use.(5) A discussion of changes in the State's current and future vulnerability to climate change risks from the prior update of the Climate Action Plan, including but not limited to impacts to human health, infrastructure, agriculture, water resources, and natural resources. Such discussion shall reference the most recent climate change planning scenarios issued by the Technical Climate Advisors.(6) An assessment of whether existing federal, State, and local resilience strategies are sufficient to address the State's current and future vulnerability to climate change risks.(7) Proposed additional resilience strategies, if existing federal, State, and local resilience strategies are not sufficient to address either the State's current or future vulnerability to climate change risks.(8) Proposed guidance to ensure equity in implementation of the Climate Action Plan.(e) Principles for Development of Reduction Strategies: Each Climate Action Plan shall, to the extent practicable, reflect climate reduction strategies that:
(1) Are equitable, seek to minimize costs and maximize the total benefits to the State, and encourage early action to reduce greenhouse gas emissions and increase resiliency.(2) Do not disproportionately impact over-burdened and under-served communities.(3) Complement efforts to achieve and maintain federal and State ambient air quality standards and complements efforts to reduce emissions of air toxics.(4) Consider overall societal benefits, including reductions in other air pollutants, diversification of energy sources, and other benefits to the economy, environment, and public health.(5) Seek to minimize the administrative burden of implementation upon the agency and the burden of compliance upon the regulated community.(6) Maintain an adequate and reliable energy supply for Delaware, including preparing for fluctuations in energy demand due to climate change.(f) Process of Plan Development. In preparing each update to the Climate Action Plan, the Department shall:
(1) Consider the current scientific understanding of climate change, current data on statewide greenhouse gas emissions, and the sea level rise scenarios, heat scenarios, and precipitation scenarios developed by the Technical Climate Advisors.(2) Consider provisions to ensure equitable implementation of greenhouse gas reduction measures and adaptation and resiliency measures.(3) Allow for opportunities for public input and engagement in the development of the Climate Action Plan, including strategies that seek input from overburden and under resourced communities. The input and engagement process should be consistent with the Climate Action Plan Public Participation process as publicly posted by the Department, including public workshops, public comment, and technical stakeholder engagement. The Department shall, at least annually, hold a public meeting to provide an update on progress on implementation of the Climate Action Plan and to receive public input., All public meetings must be held in compliance with § 10004 of Title 29.(g) Presentation of the Climate Action Plan. Each updated Climate Action Plan shall be presented to the General Assembly by providing it to the Chief Clerk of the House of Representatives, the Secretary of the Senate, the Director and the Librarian of the Division of Legislative Services, and the chairs of the Natural Resources and Agriculture Committees of the House of Representatives, and the chairs of the Environment, Energy and Transportation and Agriculture Committees of the Senate.
Amended by Laws 2023, ch. 255,s 3, eff. 11/6/2024.Added by Laws 2023 , ch. 141, s 1, eff. 8/3/2023.