1. (a) Implementation Process. —

The State shall work to implement the Climate Action Plan on an ongoing basis, in an inclusive, coordinated, and transparent manner. The State shall coordinate the strategy to achieve the State’s greenhouse gas reduction targets through regular updates of the Climate Action Plan, through the Department and the climate change officers working to implement that Plan, including working to secure any legislation necessary to meet the State’s greenhouse gas emissions reduction targets, and through the implementation strategies identified below.

1. (b) Agency regulations. — (1) When promulgating or amending regulations within the agency’s statutory authority, all state agencies shall consider and, to the extent practicable, incorporate the State’s greenhouse gas emissions reduction targets, the Climate Action Plan, and sea-level rise, temperature, and precipitation scenarios as provided for in § 10005(b) of this title.

   1. (2) This subsection does not independently confer statutory authority to state agencies to promulgate or amend regulations, but instead directs state agencies to consider and, to the extent practicable, incorporate the State’s greenhouse gas emissions reduction targets, Climate Action Plan, sea-level-rise scenarios, temperature scenarios, and precipitation scenarios in their promulgation and amendment of regulations.
   2. (3) Any regulations promulgated by agencies to meet the targets set for this in this chapter should be consistent with the goals of the Climate Action Plan or any other applicable law.

2. (c) Agency planning, procurement and resources. — (1) Notwithstanding any other statute, all State agencies, in any decision with respect to the purchase and use of equipment and goods; the siting, construction, and maintenance of Delaware state buildings; the assignment of agency personnel; the planning, design, and operation of Delaware state infrastructure; and the issuance of grants and funding for any of the foregoing, shall consider the State’s greenhouse gas emissions reduction targets, and may also consider:

   1. a. The legislative findings set forth in § 10001(a)-(b) of this title.
   2. b. The State’s most recent Climate Action Plan.
   3. c. The need to increase resilience to climate change, including by reference to the most recent, if any, sea-level-rise scenarios, temperature scenarios, and precipitation scenarios, where applicable.
   4. (2) All state agencies shall, wherever practicable, procure products and services that have lower greenhouse gas emissions. This obligation shall apply only when such products and services represent the best value to the State, are readily available, and perform to satisfactory standards. In determining the best value to the State, State agencies may consider the total cost of ownership of products and services, including all costs associated with the production, purchase, transportation, use, operation and disposal of such products or services.

3. (d) Climate Action Plan Implementation Report. —

   1. (1) The Department, working with the Office of the Governor, shall provide 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, the chair of the Natural Resources and Energy Committee of the House of Representatives, and the chairs of the Environment, Energy and Transportation and Agriculture Committees of the Senate, a Climate Action Plan Implementation Report by January 1, 2024, and thereafter shall provide this Implementation Report to the General Assembly in the same manner every 2 years. Each Implementation Report shall summarize the State’s progress on the strategies outlined in the most recent Climate Action Plan, and shall summarize, at minimum, the following:

      1. a. Activities taken by state agencies to reduce greenhouse gas emissions and, when such data are available, estimated greenhouse gas emissions reductions, by sector, for the reporting period.
      2. b. An update upon the status of the implementation of specific policy measures, specific regulatory actions, or specific legislative proposals that were recommended in the most recent Climate Action Plan.
      3. c. Activities taken by agencies to increase resiliency to climate change.
   2. (2) All state agencies shall provide any requested assistance to the Department in the compilation of data or other information that the Department determines is necessary in the preparation of the Implementation Report.

84 Del. Laws, c. 141, § 1; 84 Del. Laws, c. 255, § 4