Legislative Update, Week of March 13, 2023

Emily Justison

Tuesday, March 14, 2023

Legislative Update, Week of March 13, 2023

The Delaware General Assembly is in session this week.

The House and Senate will meet on Tuesday (3/14), Wednesday (3/15), and Thursday (3/16).
During the week of March 20, the General Assembly will be in recess for Joint Capital Improvement Committee (Bond Bill) hearings.

DRAFT Regulations for the Adoption of Advanced Clean Car II, California Auto Emissions Standards Raises Concerns, Member Input Requested!

The Department of Natural Resources and Environmental Control (DNREC) is in the process of promulgating regulations Zero Emissions Vehicles with the goal of scaling down the sale of fossil fuel- powered passenger cars, light-duty trucks, SUVs, etc. beginning in 2025, with a total ban on the sale of new gas and diesel-powered vehicles by 2035. Chamber Position: Under Review/Gathering Input/Seeking Changes to the DRAFT Regulations. . Status: Public Comment Period Pending. The next phase, according to the DNREC’s materials provided during the December workshops, will involve an early-2023 public hearing, with a written comment deadline following 15 days after the hearing, with final adoption of regulations in mid-2023 with the program scheduled to begin in 2026 for model year 2027 vehicles. The current plan and draft regulations (pre-publication) have profound implications for businesses and households in our state. The NCC Chamber is in the process of gathering input, formulating questions, and cataloguing concerns. Among those concerns are (not exhaustive):

Access to affordable transportation for Delawareans.
Whether electrical grid capacity will be sufficient.
Impact on Delaware energy markets – including the price per kilowatt-hour of electricity.
Environmental concerns relating to electric vehicle batteries.
Challenges in providing adequate charging infrastructure (citing of infrastructure, sufficiency, impact on the cost of new residential construction, etc.)

For more information, please contact Joe Fitzgerald at fitzgeraldj@ncccc.com.

Publication of DRAFT Paid Family and Medical Leave Regulations Pending

The Department of Labor is publishing DRAFT regulations arising from Senate Substitute 2 to Senate Bill 1 from last session (151^stG.A.). DRAFT regulations should appear in the April 1 edition of the Delaware Monthly Register of Regulations. After publication, there will be a 30-day public comment period. (We are including the following link for members in communications about these and other regulations to describe the to shed light on the regulatory process: https://regulations.delaware.gov/citizen.shtml.)

Director Chris Counihan is leading the implementation of paid family and medical leave at the Department of Labor. The NCC Chamber is seeking to host a virtual discussion with him once the regulations are published.

For more information, please contact Joe Fitzgerald at fitzgeraldj@ncccc.com.

Legislation & Proposed Regulation of Interest and Concern as of Friday, March 9, 2023

DRAFT Zero Emission Vehicles Regulations

The Department of Natural Resources and Environmental Control (DNREC) is in the process of promulgating regulations Zero Emissions Vehicles with the goal of scaling down the sale of fossil fuel- powered passenger cars, light-duty trucks, SUVs, etc. beginning in 2025, with a total ban on the sale of new gas and diesel-powered vehicles by 2035. Status: The next phase, according to the DNREC’s materials provided during the December workshops, will involve an early-2023 public hearing, with a written comment deadline following 15 days after the hearing, with final adoption of regulations in mid-2023 with the program scheduled to begin in 2026 for model year 2027 vehicles. Status: Public Comment Period on Proposed Regulations Pending Chamber Position: Under Review/Gathering Input/Seeking Changes to the DRAFT Regulations. The NCC Chamber is in the process of consulting with members and subject matter experts to develop recommendations and an inventory of substantive concerns. The current plan and draft regulations (pre-publication) have profound implications for businesses and households in our state.

Paid Family & Medical Leave DRAFT Regulations:

The NCC Chamber is working to make recommendations which would lessen administrative burdens on small businesses and which would provide sufficient liability protections for employers acting in good faith. Please note that the Act requires that businesses adjudicate employee claims. The Chamber is also working to develop recommended [legislative] changes to the underlying statute. For more information, please contact Joe Fitzgerald at fitzgeraldj@ncccc.com.

DRAFT Legislation Requiring Mandatory Paid Time Off (distinct from PFML): DRAFT legislation that was opposed by the NCC Chamber in its original form tabled in committee last June, is soon to be re-introduced. Synopsis: This Act requires all employers in the State to provide employees with a minimum of 1 hour of paid sick time and safety leave for every 30 hours worked. Accrued paid sick time and safety leave may be used by the employee for time off with pay at the employee’s regular wage and benefit rate to deal with the mental and physical health needs of either the employee or an employee’s family member and includes paid time off to provide transportation or care to a family member whose school, group home or other kind of facility has been closed to due to a public health, safety or weather emergency. Paid sick time and safety leave may also be used to address the consequences of domestic violence for such things as meeting with lawyers, obtaining services from victim service organizations, temporary relocation and the like. The Department of Labor will promulgate regulations governing operation of the Act and will enforce the provisions of the Act. Employers who violate the Act are subject to civil penalty of no less than $1,000 nor more than $5,000. Employers are prohibited from discriminating against an employee who complains to the Department that an employer has violated the Act. Status: Reintroduction Pending NCC Chamber Position: Opposed

FY 2024 Appropriations Bills

SB 40 (GRB Capital Budget, FY 2024): https://legis.delaware.gov/BillDetail?LegislationId=129988

HB 75 (Schwartzkopf, FY 2024 GRB Operating Budget): https://legis.delaware.gov/BillDetail?LegislationId=129988

HB 76 (FY 2024 GRB Operating, One-Time Supplemental) https://legis.delaware.gov/BillDetail?LegislationId=129987

House Bills:

HB 1 (Osienski) AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MARIJUANA Synopsis: This Act removes all penalties for use or possession of a personal use quantity of marijuana and marijuana accessories. It further specifies that the adult sharing of a personal use quantity or less of marijuana is legal activity for those 21 years of age or older and that those 21 or older may possess, use, display, purchase, or transport accessories and personal use quantities of marijuana without penalty. When transporting in a vehicle, those items must be in a closed container or otherwise not readily accessible to anyone inside the vehicle. The statute also specifies certain activities which remain unlawful. Finally, the definition of "personal use quantity" of marijuana is updated to include not only 1 ounce or less of leaf marijuana, but also equivalent amounts of marijuana product in other forms. Status: Released from House, Health & Human Development Committee 1/25/23, assigned to Senate Health & Social Services Committee. NCC Chamber Position: Neutral/Monitoring

HB 2 w/ HA 1 & HA 2 (Osienski): AN ACT TO AMEND TITLES 4, 11, 16, AND 30 OF THE DELAWARE CODE RELATING TO CREATION OF THE DELAWARE MARIJUANA CONTROL ACT. Synopsis (abridged here): The Delaware Marijuana Control Act regulates and taxes marijuana for recreational use in much the same manner as alcohol. It creates a framework for production, manufacture, and sale in a legal recreational marijuana industry. [ …] Status: passed the House, assigned to Senate Health & Social Services Committee. NCC Chamber Position: Monitoring/Successfully sought amendment in the House to clarify “employ at will” protections for employers which maintain a zero-use policy as a condition of employment (HA 1 to HB 2)

HB 36 (Bush): AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO THE REALTY TRANSFER TAX. Synopsis: This Act decreases by 1% the rate of the realty transfer tax to be received by the State, thereby returning it to the rate that was applicable prior to August 1,2017. The Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act will apply to documents recorded and permits applied for after the effective date of the Act. Status: Released from House Revenue & Finance Committee 1/24/23 then assigned to House Appropriations Committee NCC Chamber Position: Support

HB 37 (Dorsey Walker): AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO LANDLORD OBLIGATIONS AND TENANT REMEDIES. Synopsis: It is the policy of this State that meaningful sanctions be imposed upon those who allow dangerous conditions and defects to exist in leased premises and that an effective mechanism be established for repairing these conditions and halting their creation. This Act allows tenants to bring an action of rent escrow to pay rent into the court because of asserted defects or conditions. Alternatively, the tenant may refuse to pay rent and raise the existence of the asserted defects or conditions as an affirmative defense to an action for summary possession or an action for nonpayment of rent. This Act requires the tenant to give proper notice and allow the landlord the opportunity to effect repairs. This Act requires the court to make appropriate findings of fact and to make any order that justice of the case may require, which may include termination of the lease and return of the leased premises to the landlord, order that the action for rent escrow be dismissed, order that the amount of rent be reduced in amount determined by the court to be fair and equitable, or order the landlord to make the repairs or correct the conditions complained of by the tenant. Status: Tabled in House Housing Committee, motion to release failed on 1/17/23. NCC Chamber Position: Monitoring

HB 40 (Briggs-King): AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO GRANTS-IN-AID. Synopsis: This bill creates the Grants-In-Aid Committee. The Committee is a joint committee of the Senate and House of Representatives. The purpose of the Committee is to view applications for grants-in-aid and to develop and recommend to the Joint Finance Committee the grants-in-aid appropriations bill. Status: House Administration Committee, on committee agenda for Wednesday 3/15. NCC Chamber Position: Monitoring

HB 41 w/ HA 1 (Briggs-King): AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DIGITAL RIGHT TO REPAIR ACT. Synopsis: This bill creates the Delaware Digital Right to Repair Act. Currently when an electronic product such as a phone or electronic game breaks, it is only allowed to be repaired by the manufacturer. Parts are not available whether you are a consumer or a local repair shop. This act requires the manufacturer to make parts, documentation, tools, and updates available on fair and reasonable terms. Status: On House Ready List following release from House Economic Development, Banking, Insurance & Commerce Committee on March 7, amendment (HA 1) introduced by sponsor and placed with the bill, note: an amendment can be introduced prior to committee or floor consideration. However, for it to become a part of the bill, the amendment would need to pass a vote during floor consideration by the whole House. NCC Chamber Position: Gathering Input/Bill Under Review

HB 49 (Osienski): AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT BENEFITS AND EMPLOYER ASSESSMENTS. Synopsis: This Act provides post-pandemic related relief to both claimants receiving unemployment benefits and employers who are assessed unemployment taxes. This bill will increase the maximum weekly benefit amount payable to claimants seeking unemployment compensation benefits from the Delaware Department of Labor, Division of Unemployment Insurance from $400.00 a week to $450.00 a week. The funds necessary to pay the increased weekly benefit amounts will be paid from the Unemployment Trust Fund. Delaware currently pays unemployment claimants less per week in benefits than claimants are paid in each neighboring state. The maximum weekly benefit amount has not changed since 2019. The Governor’s agreement to allow federal pandemic funds to be used to replace the funds in the Unemployment Trust Fund that were depleted from the surge of pandemic related claims has made the Unemployment Trust Fund sufficiently solvent so as to allow the Department to offer unemployment tax relief measures to Delaware employers for a one-year period during calendar year 2023, at a time when employers continue to face post-pandemic rising economic challenges, supply chain problems, and difficultly in staffing. This Act will provide temporary relief to employers who pay unemployment tax assessments by reducing the new employer tax rates, reducing or holding constant overall employer tax rates, and reducing the maximum earned rate. This Act will also temporarily simplify the tax rate schedules that are used to calculate unemployment assessments paid by employers. The Department estimates that these unemployment tax assessment changes will reduce the tax obligation of employers an estimated $50 million in 2023. The various tax assessment relief provisions set forth in Sections 2 and 3 of this Act are retroactive to January 1, 2023 and are intended to be in effect for the full calendar year 2023. Status: Signed by the Governor NCC Chamber Position: Support UI tax reduction/Monitor impact of increase in weekly benefit.

HB 51 w/ HA 1 (Vanderwende): AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO INSPECTION OF FLEET VEHICLES Synopsis: This bill allows the fleet inspection program to be applicable to a fleet of 10 or more vehicles (instead of 15) and counts trailers requiring inspection to count as fleet vehicles. Additionally, an inspection may be performed at any qualified inspection and repair facility authorized by the Secretary of Transportation instead of being limited to such facilities at the fleet headquarters. Status: released from Senate Energy & Transportation Committee, on Senate Agenda for Tuesday, March 14.NCC Chamber Position: Monitoring

HB 54 (Williams): AN ACT TO AMEND TITLE 18, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE OF EPINEPHRINE AUTOINJECTORS. Synopsis: Currently, all health insurance plans subject to requirements under Delaware law must include at least 1 formulation of epinephrine autoinjectors on the lowest tier of the carrier's drug formulary for individuals who are 18 years of age or younger. This Act expands this requirement to all covered individuals, regardless of age, by January 1, 2024. This Act also makes a technical correction to §§ 3571Y of Title 18 to add standard language about applicability, which is already in § 3370D of Title 18. Status: On House Agenda for Tuesday, March 14, 2023 NCC Chamber Position: Monitoring

HB 55 (Lynn): AN ACT TO AMEND TITLE 6 AND TITLE 31 OF THE DELAWARE CODE RELATING TO INDIVIDUALS WHO ARE HOMELESS. This Act is the Bill of Rights for Individuals Experiencing Homelessness to ensure that all individuals, regardless of housing status, have equal opportunity to live in decent, safe, sanitary, and healthful accommodations and enjoy equality of opportunities. To that end, this Act sets forth the rights of individuals experiencing homelessness and creates a process by which the State Human and Civil Rights Commission and the Division of Human Relations may accept and investigate complaints of discriminatory treatment, attempt conciliation, and refer enforcement actions to the Department of Justice where necessary. Status: House Judiciary Committee NCC Chamber Position: Gathering Input/Bill Under Review

HB 60 (Romer): AN ACT TO AMEND TITLES 18, 29, AND 31 RELATING TO BREAST CANCER SCREENING AND DIAGNOSTIC PROCEDURES. Synopsis: This Act requires that all insurance policies issued or renewed in this State include coverage of supplemental and diagnostic breast examinations on terms that are at least as favorable as the coverage of annual screening mammograms. The Act covers all group, blanket, and individual health insurance policies as well as the State employee healthcare plan and Medicaid. Status: House Appropriations Committee NCC Chamber Position: Monitoring

Senate Bills:

SB 1 (Townsend): AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE. Synopsis: This Act creates a right to representation for tenants in evictions and other landlord-tenant actions. The disruptive displacement that accompanies eviction proceedings creates significant costs for state and local government related to shelter funding, education funding, health care provided in hospitals instead of community-based providers, transportation costs for homeless youth, and foster care. Evictions and disruptive displacement also have significant, well-documented, and long-lasting effects on the lives of individuals and families, including poorer physical and mental health, increased risk of homelessness, increased risk of employment loss, loss of personal property, damage to credit standing, and relocation into substandard housing. Further, evictions fall disproportionately on Black and Latinx families, who have also been the hardest hit by the COVID-19 crisis. Section 1 of this Act establishes a right to representation for evictions and other landlord-tenant actions for covered individuals with household incomes below 200% of the federal poverty guidelines. The Attorney General shall contract with legal services providers for the provision of representation in proceedings covered by this Act. The Right to Representation Coordinator will manage the contracts and work with community organizations to do outreach and education regarding the right to representation. Section 1 of this Act requires landlords to provide notice of the right to representation at periodic designated intervals in the tenancy and in eviction proceedings. Section 2 of this Act authorizes the creation of a residential eviction diversion program modeled after the Superior Court’s Residential Mortgage Foreclosure Mediation Program. Section 3 of this Act is a severability clause. Section 4 of this Act makes Sections 1 and 6 effective 120 days after the Act's enactment. Section 5 of this Act makes Section 2 of this Act contingent on funding. Section 6 requires the Coordinator to provide the General Assembly with a copy of the first annual report required under § 5605 of Title 25, as contained in this Act, to determine if additional funding is needed to address the fiscal impact of the Act on the Justice of the Peace Court. Status: On Senate Housing & Land Use Committee Agenda for Wednesday, 3/15 NCC Chamber Position: Gathering Input/Bill Under Review

SB 27 (Sturgeon): AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO LIMITATION OF ACTIONS FOR WORK, LABOR, OR PERSONAL SERVICES. Synopsis: This Act increases the statute of limitations for filing an action for recovery upon a claim for unpaid wages from 1 year to 2 years, making it consistent with the statute of limitations under the federal Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. Many employees who are terminated spend the first period of unemployment attempting to secure other employment. After this focus on finding employment ends, 1 year may have passed or be about to pass, preventing employees who are owed wages from a previous employer from seeking legal redress. This Act applies to claims when the date of the accruing of the cause of action on which the action is based is on or after the effective date of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Status: Passed Senate 1/26/23, On House Labor Committee Agenda for Tuesday, 3/14NCC Chamber Position: Monitoring

SB 29 w/ SA 1 (Townsend): AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEE BENEFITS CONSOLIDATION ACT. Synopsis: To foster sustainability in state retiree healthcare benefits and the development of a plan for strong benefits beyond the current Medicare Supplement plan offered through January 1, 2024, this Act does all of the following: 1. Expands the membership of the State Employee Benefits Committee by adding a state retiree to the Committee and adding an additional representative from public sector union organizations; 2. Requires the Controller General to provide comprehensive biannual public reports to the General Assembly regarding the work of the State Employee Benefits Committee; and 3. Establishes the Retiree Healthcare Benefits Advisory Subcommittee of the State Employee Benefits Committee, whose membership will include three state retirees and four members of the General Assembly, and whose charge includes holding public meetings and issuing recommendations to the Governor and the General Assembly by May 1, 2023. Status: Signed by Governor NCC Chamber Position: Monitoring

SB 35 w/ SA 2 (Walsh): AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO THE BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2023. Synopsis: This Act amends the Fiscal Year 2023 Bond and Capital Improvements Act to (1) authorize the use of School Safety and Security Funds for school extracurricular activities; (2) authorize local funding to support Enhanced Minor Capital Improvements and the remediation of lead contaminated drinking water infrastructures; (3) adjust the procurement thresholds for the issuance of formal bids or RFPs; (4) authorize the Department of Transportation to use Community Transportation Funds for one-time reimbursements for various projects; (5) make changes to the Criminal Legal System Imposed Debt Study Group; (6) authorize the Department of Transportation Reprogramming Transfer; (7) authorize funding to complete the facility drainage project of Absalom Jones Performing Arts Center; (8) authorize the donation of the Division of Communications Shelter to the University of Delaware; (9) authorize the use of funding until the new Troop 6 facility is complete and available for occupancy; (10) allow New Castle County Vocational School District to proceed with construction of new athletic fields; (11) authorize the use of Irrigation System Conversion funds to reimburse a new poultry house demolition assistance program; (12) clarify the calculation of 3% limit of GF net revenue estimate for finance capital projects is applied to revenues identified in the revenue resolution for the fiscal year of the budget being adopted; (13) authorize Fort DuPont Redevelopment and Preservation Corporation to use funds for capital projects; (14) authorize Municipal Infrastructure Funds to be used for the North Bayshore Drainage Improvements; (15) authorize the Office of Management and Budget to engage in a pilot program to include Community Workforce Agreements; (16) authorize the Department of Transportation to engage in a Community Workforce Agreement for no more than two large public works projects; and (17) require a report from the Office of Management and Budget regarding State Facilities Market Pressure. Status: Signed by the Governor NCC Chamber Position: Support DBE & other DEI Provisions in the epilogue for the pilot projects. /Oppose Project Labor Agreement provisions

SB 43 (Richardson): AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DISPLAY OF HUMAN TRAFFICKING PUBLIC AWARENESS SIGNS. Synopsis: This Act adds additional State facilities and categories of establishments to § 787 of Title 11 which would be required to display public awareness signs about human trafficking. The additional State facilities and categories are as follows: (1) State service centers. (2) Wellness centers. (3) Residential child care facilities. (4) Transitional and independent living service providers for youth aging out of foster care. (5) Shelters for victims of domestic violence or sexual assault or individuals experiencing homelessness or food insecurity. (6) Hotels. (7) Convenience stores along a major highway. (8) Gas stations along a major highway. (9) Casinos. (10) Restaurants with liquor licenses. (11) Poultry processing plants. (12) Bus or train stations. (13) Bars. (14) Massage establishments. (15) Shopping malls. This Act provides definitions of some of the existing State facilities and categories of establishments where public awareness signs are required to be displayed, as well as some of the new State facilities and categories added by this Act. This Act repeals the requirement to display public awareness signs at “emergency care providers” and “adult entertainment facilities” in favor of using the terms “wellness center” and “adult entertainment establishment”, which are defined in this Act. This Act also includes specific locations on the premises where establishments that are hotels, casinos, restaurants with liquor licenses, poultry processing plants, massage establishments, and shopping malls must display a public awareness sign. This Act adjusts the process by which the Delaware Anti-Trafficking Action Council (Council) may designate establishments required to display public awareness signs. This Act allows the Council to promulgate regulations to do all of the following: (1) Designate other categories of establishments that must display public awareness signs in addition to the categories required under § 787 and this Act. (2) Designate a specific location on the premises for a category of establishments where a public awareness sign must be displayed. (3) Change requirements for what must be included in a “public awareness sign”, as defined in this Act. The Act requires that the Council shall annually publish a list of categories of establishments that must display a public awareness sign and any specific location requirements for the purposes of providing notice. This Act makes the following clarifications: (1) The Department of Labor currently enforces the public awareness sign display requirement under § 787 through issuance of a fine. This Act clarifies that the fine is a civil penalty. (2) This Act distinguishes between the responsibilities of the Council and establishments, as well as rewrites the responsibilities to clarify the current law regarding the display of public awareness signs. This Act also establishes an enforcement process, including the requirement that establishments will receive a warning before any civil penalties are assessed. If an establishment does not correct the noncompliance identified in its warning, the establishment owner is subject to a civil penalty of not more than $500. On a second or subsequent failure by an establishment to correct the same or a substantially similar noncompliance, the establishment owner is subject to a civil penalty of not more than $2,500. The current fine under § 787 is $300 per violation. Additionally, in the event that the Council changes what must be in a public awareness sign through the promulgation of regulations, this Act creates a safe harbor so a change in the rules does not immediately result in an establishment being in noncompliance. The Department of Labor may promulgate regulations. This Act also requires the Department of Labor to submit an annual report about enforcement to the Council and the General Assembly. To make compliance with and enforcement of this Act feasible, a fiscal note is attached to this bill to finance the creation of the public awareness signs, which will be provided free to State of Delaware facilities and establishments that request them. Additionally, the fiscal note will fund positions within the Department of Labor to enforce the human trafficking public awareness sign display requirements. This Act takes effect immediately and is to be implemented 1 year from the date of this Act’s enactment to allow for the promulgation of regulations by the Department of Labor and the Council, as well as to ensure public awareness signs will be ready for distribution before implementation. Status: Released from Senate Judiciary Committee on 3/8 and assigned to Senate Finance Committee

SB 45 (Brown): AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION. Synopsis: Under current Delaware law, if a labor dispute constitutes a lockout, employees are immediately eligible for unemployment benefits. Additionally, current law permits an individual to collect unemployment benefits beginning the third week of a labor dispute, other than a lockout. This Act mandates that the 2-week disqualification period does not apply if either: (1) The labor dispute is caused by the failure or refusal of the employer to comply with an agreement or contract between the employer and the individual, including a collective bargaining agreement with a union representing the individual, or a State or federal law pertaining to hours, wages, or other conditions of work. (2) The employer hires a permanent replacement worker for the individual's position. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Status: Senate Labor Committee. NCC Chamber Position: Monitoring/Gathering Input

SB 51 (Paradee): AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE USE OF SINGLE-SERVICE PLASTIC IMPLEMENTS AND POLYSTYRENE CONTAINERS IN FOOD ESTABLISHMENTS. This Act prohibits food establishments from providing consumers with ready-to-eat food or beverages in polystyrene foam containers or with single-service plastic coffee stirrers, cocktail picks, or sandwich picks. It also prohibits food establishments from providing single-service plastic straws, unless requested by a consumer. These restrictions take effect on July 1, 2025. This Act provides the following exemptions to the prohibitions on single-service plastic implements and polystyrene foam containers: 1. The definition of "polystyrene foam food service packaging" excludes coolers or ice chests used for the processing or shipping of seafood and containers used to contain, transport, or package raw, uncooked, or butchered meat, poultry, fish, seafood, eggs, fruits, or vegetables. 2. The prohibition on plastic straws does not apply to patients or residents of hospitals or long-term care facilities and for plastic straws that are attached to pre-packaged goods, such as juice boxes. 3. The restriction on providing ready-to-eat food in polystyrene foam food service packaging does not apply to any of the following: • Fire companies. • Health-care providers that provide long-term, acute, and outpatient health-care services. • Nonprofit organizations, including religious institutions. Status: Assigned to Senate Environment & Energy Committee NCC Chamber Position: Gathering Input/Position Pending

County/Municipal Proposals of Interest & Concern

Warehousing Moratorium Ordinance:

At the late-November meeting of New Castle County Council, Councilman David Carter (D-6th District) introduced Ordinance # 22-135, legislation which would implement “a moratorium on major and minor land development applications proposing a warehouse or similar building or facility of 150,000 square feet or larger in New Castle County.”

The Chamber is opposed to sweeping moratoria such as this. Regardless of the ordinance’s ultimate disposition, its introduction was problematic. For example, investors filing a land use application which could be subject to a potential moratorium, might encounter costly or deal-breaking delays in securing the financing to proceed with their project. In the event that the ordinance is defeated, there is still the negative message that it sends. In the event that it passes, the message is even worse. Status: Awaiting Consideration by the New Castle County Planning Board NCC Chamber Position: Opposed. The Chamber has expressed concerns to members of New Castle County Council as well as to the County Executive’s senior staff. The Chamber has also joined a muti-organizational letter in opposition.

NCC Redevelopment Code Discussions:

The Chamber participated in discussions led by the Committee of 100 regarding potential regulatory and legislative measures needed to improve the County’s redevelopment code to allow for greater flexibility, innovative design and to encourage investment in traditional business corridors. We are grateful for the collaboration and look forward to continued efforts. Those efforts will now focus on the NCC2050 Comprehensive Development Plan process.