Legislative Update, May 10, 2023
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The General Assembly is in session and will meet on Tuesdays, Wednesdays, and Thursdays through May 18. The legislature will then recess for a two-week for budget mark-up break and reconvene on Tuesday, June 6.
House & Senate Hearing Schedule
Recently Introduced Legislation
House Ready List (Out of Committee/awaiting floor consideration.)
Senate Ready List (Out of Committee/awaiting floor consideration.)
“Climate Change Solutions Act of 2023” released from committee
HB 99, sponsored by Representative Debra Heffernan (D-Bellefonte), was heard before the House Natural Resources & Energy Committee and released on Tuesday, May 2. It is currently on the House Ready List. For more information, contact Joe Fitzgerald at fitzgeraldj@ncccc.com.
Senate Passes a “Ready-in-6” initiative supported by the NCC Chamber, Bill on its way to the Governor’s Desk
House Bill 102, sponsored by Representative Bill Bush (D-Dover, 29th RD) was passed by the Senate on Tuesday, May 9. This bill expedites the issuance of a temporary entrance permit for commercial and economic development projects. It is a part of the Ready-in-6 Agenda, designed to introduce much needed efficiencies in permitting and practices at the state, county and local level to foster sound economic development. The Chamber is a member of the Ready-in-6 colition and thanks Representative Bush, Senator Spiros Mantzavinos, Senator Jack Walsh, Brian Pettyjohn, Speaker Pete Schwartzkopf and all of the bill’s sponsors for their sponsorship and support of this legislation and for their efforts to improve our state’s economic competitiveness. The NCC Chamber testified in support of this legislation before the committee.
Another “Ready-in-6” initiative released from committee and awaiting Senate floor consideration
HB 104, a amended by HA 1 sponsored by Representative Bill Bush (D-Dover), was released from the be heard before the Senate Housing & Land Use Committee, on Wednesday, May 3. Bill Synopsis: The state’s pre-application process for land use process, known as PLUS, was created 20 years ago and has served to increase coordination among state and local agencies. In doing so, it has fulfilled its intent of providing predictability and consistency for the development community, especially in the area of major projects. Given that success, this bill assists in expediting the process for economic development projects in the State of Delaware with some exemptions from the PLUS process. A project located in Investment Level 1 or 2 under the Strategies for State Policies and Spending that is consistent with local zoning and any local comprehensive plan that will create full-time jobs is exempt from the pre-application process unless required by the local government or requested by the applicant. Amendment Synopsis: This Amendment deletes the phrase “or otherwise” and replaces it with “or by ordinance” and deletes the phrase “or where an applicant voluntarily requests to participate under subsection (b) of this section” since it is duplicative of what is contained in subsection (b) of this section. NCC Chamber Position: Support. As is the case with HB 102, this bill is part of the Ready-in-6 Agenda. The bill is currently on the Senate Ready List and awaiting floor consideration. The NCC Chamber testified in support of this legislation before the committee.
HB 101 and HB 103 both of which are also Ready-in-6 initiatives sponsored by Rep. Bush, and supported by the NCC Chamber, a member of the Ready-in-6 Coalition, remain in the House Economic Development, Banking, Insurance & Commerce Committee.
Slate of Environmental Policy Bills Introduced
The following bills were introduced last week as part of an environmental policy package:
HB 8 (Osienski): Requiring state agencies to implement “clean construction preferences” that allow “sustainability and carbon impact data to be incorporated and considered in awarding public works contracts,” according to a news release. This would begin in July 2025. Status: House Energy & Natural Resources Committee NCC Chamber Position: Under Review
HB 9 (Griffith): Requiring all state-owned passenger and light-duty vehicles to be zero emission by 2040. It includes targets in which 15% of these vehicles must be zero emission by 2026, then 25% by 2029, and 50% by 2032. Law enforcement and school district vehicles would not be included. Status: House Natural Resources & Energy Committee NCC Chamber Position: Under Review
HB 11 (Heffernan): Starting in 2025, new commercial buildings with a foundation footprint of 50,000 square feet or greater would need to have a roof that supports solar infrastructure. . Status: House Natural Resources & Energy Committee NCC Chamber Position: Under Review
HB 12 (Phillips): The codifying of the Clean Vehicle Rebate program the Department of Natural Resources and Environmental Control has offered since 2014. It incentivizes the purchase of electric and hybrid vehicles, allowing up to a $2,500 rebate for electric vehicles and a maximum of $1,000 for hybrid vehicles that retail up to $60,000. Status: House Natural Resources & Energy Committee NCC Chamber Position: Under Review
HB 13 (Phillips): The Delaware Department of Natural Resources and Environmental Control and the Delaware Department of Transportation would be required to assess the availability of residential charging stations for electric vehicles and create strategies on how to add charging stations to “high-need areas.” DNREC would also develop a residential incentive program to improve EV charging infrastructure in Delaware. Status: House Natural Resources & Energy Committee NCC Chamber Position: Under Review
SB 103 (McBride) Newly constructed single-family and multifamily residential dwellings would be required to include electric vehicle charging infrastructure. Status: Senate Environment, Energy & Transportation Committee NCC Chamber Position: Under Review
DNREC Conducts Public Hearing on DRAFT Regulations to Adopt California Advanced Clean Car II, Zero-Emissions Vehicle Plan
On Wednesday, April 26, the Department of Natural Resources held a virtual public hearing which the NCC Chamber attended. to take input on draft regulations to amend Title 7 DE Admin. Code 1140 in order to adopt California’s Advanced Clean Car II plan, which requires that by 2025, 35% of new vehicles on dealer lots be either zero-emissions or partial zero-emissions vehicles, with an increase of 9% per year over the next nine (9) years until 100% of vehicles meet the California Advanced Clean Car II standards. They appear in the April 1 edition of the Register of Regulations.
Our Chamber is leading a discussion on the draft regulations and developing a list of concerns that we do not believe are receiving due consideration such as access to affordable transportation for Delawareans, logistical hurdles to adequate charging infrastructure, the capacity of our antiquated electrical grid, inflationary pressure on the cost of electricity, electric generation capacity as more of the fleet demands electric, impact on businesses which need vehicles with a certain range, towing capacity, etc. We have communicated concerns to the Governor’s Office and will be providing additional information.
NOTE: Public Comment is Due No Later Than Close of Business, May 26, 2023.
Status: Published in Delaware Register NCC Chamber Position: OPPOSED as written For more information, contact Joe Fitzgerald at fitzgeraldj@ncccc.com.
DRAFT LEGISLATION PENDING INTRODUCTION
Data Privacy
A data privacy bill sponsored by Representative Krista Griffith (D-Fairfax) remains in DRAFT form, pending introduction. The NCC Chamber has provided detailed recommendations to the sponsor and the Department of Justice. For more information, or a copy of those recommendations, contact Joe Fitzgerald at fitzgeraldj@ncccc.com.
Mandatory Paid Time Off
This DRAFT legislation has been circulating among legislators and could be introduced sometime in the coming month. It is substantially similar, if not identical, to House Bill 409 from last session (151st G.A.) that the NCC Chamber opposed and testified against in the House Economic Development, Banking, Insurance & Commerce Committee, where it was tabled.
The synopsis for the DRAFT follows:
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.
Domestic Violence Anti-Discrimination (Employment Practices Act)
Legislation which would make changes to certain definitions in the Employment Practices chapter of Title 19 (Labor) 19 Del. C. Ch. 7 in an effort to broaden anti-discrimination protections. The NCC Chamber is collecting input on the DRAFT and working to provide comments to the sponsor, Rep. Cyndie Romer (D-Newark). The synopsis of the DRAFT follows:
Delaware law expressly prohibits employment discrimination based upon surviving domestic violence, sexual assault, or stalking. Such discrimination includes: (1) failing or refusing to hire or discharging an employee because the individual was a victim of domestic violence, sexual offense, or stalking; or (2) failing or refusing to make reasonable accommodations to the limitations known to the employer and related to domestic violence, a sexual offense, or stalking. This bill redefines domestic violence, sexual offense, and stalking as it applies to employment discrimination in a more holistic and trauma-informed way rather than relying upon the definitions in the criminal code.
Accessible Parking
Accessible parking legislation will likely be introduced soon under the sponsorship of Representative DeShanna Neal (D-Elsmere). The synopsis of the DRAFT follows:
This Act adds provisions to Title 21 defining accessible parking spaces, incorporating federal standards for accessible parking spaces found in the Americans with Disabilities Act and applicable regulations. The Act also provides additional requirements that enhance these standards and better reflect the needs of persons with disabilities in Delaware. The Act increases the penalty associated with violating the statute that prohibits individuals who do not possess a parking placard or special license plate from parking in accessible parking spaces, or in the access aisles located next to accessible parking spaces. This Act adds provisions in Titles 9 and 22 to require county and municipal governments to adopt regulations and ordinances incorporating these requirements for accessible parking spaces, including the requirement that property owners have a permit and process to ensure compliance for new or modified accessible parking spaces, in order to increase compliance and uniformity statewide.
PENDING REGULATIONS
Paid Family and Medical Leave DRAFT Regulations to appear in May 1 Register of Regulations
Our Chamber has been engaged in discussions on the DRAFT regulations for the implementation and administration of Paid Family and Medical Leave (SS 2 to SB 1, 151st G.A.). The pre-publication regulations needed substantial work. We have focused on reducing exposure to administrative penalties and/or civil liability for employers. We have reached the conclusion that amendments to the statute and additional regulatory language are advisable. The requirement that employers adjudicate claims has raised some concerns. Delaware appears to be the only state which requires that.
- There is a substantial difference between a large company with in-house counsel and a a human resources department adjudicating claims, and a small 15-person company without the benefit of H.R. professionals or in-house legal advice doing so.
- Among the items we may be seeking is safe harbor language in a clean-up bill, and language which would create a standard of review (standard of liability, gross negligence, etc.) which affords a degree of protection to employers acting in good faith. That would require legislation.
- We are also seeking ways to reduce the administrative burden on employers of all sizes under the requirements of the Act.
- The draft regulations are going to be in the April 1 edition of the Delaware Register of Regulations, with a 30-Day public comment period to follow.
- We are pursuing discussions with the sponsor of the Act, (Senator Sarah McBride, D-Wilmington), with the Governor’s senior staff, and with the Department of Labor.
Legislation & Proposed Regulation of Interest and Concern as of Friday, May 5, 2023
Zero-Emissions Vehicles
DNREC has published the draft regulations to amend Title 7 DE Admin. Code 1140 in order to adopt California’s Advanced Clean Car II plan, which requires that by 2025, 35% of new vehicles on dealer lots be either zero-emissions or partial zero-emissions vehicles, with an increase of 9% per year over the next nine (9) years until 100% of vehicles meet the California Advanced Clean Car II standards. They appear in the April 1 edition of the Register of Regulations. Our Chamber is leading a discussion on the draft regulations and developing a list of concerns that we do not believe are receiving due consideration such as access to affordable transportation for Delawareans, logistical hurdles to adequate charging infrastructure, the capacity of our antiquated electrical grid, inflationary pressure on the cost of electricity, electric generation capacity as more of the fleet demands electric, impact on businesses which need vehicles with a certain range, towing capacity, etc. Status: Published in Delaware Register/ virtual public hearing held on April 26, Comments Due Close of Business May 26 NCC Chamber Position: OPPOSED as written
NOTE: Our Chamber is leading a discussion on the draft regulations and developing a list of concerns that we do not believe are receiving due consideration such as access to affordable transportation for Delawareans, logistical hurdles to adequate charging infrastructure, the capacity of our antiquated electrical grid, inflationary pressure on the cost of electricity, electric generation capacity as more of the fleet demands electric, impact on businesses which need vehicles with a certain range, towing capacity, etc. Your input is urgently requested, again: Public Comment is Due No Later Than Close of Business, May 26, 2023.
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, Enacted without signature. NCC Chamber Position: Neutral
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: , Enacted without signature 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 8 (Osienski): AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CLEAN CONSTRUCTION PREFERENCES FOR PUBLIC WORKS. Synopsis: This Act directs state agencies to collaborate on the development and implementation of “clean construction preferences” that will allow for the incorporation and consideration of sustainability and carbon impact data in the award of public works contracts Status: House Energy & Natural Resources Committee, scheduled for committee consideration on May 10 NCC Chamber Position: Under Review
HB 9 (Griffith): AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATEWIDE FLEET. Synopsis: his Act requires that all passenger vehicles and light duty vehicles owned and operated by the State be zero emission vehicles by 2040 by requiring increasing volumes of zero emission vehicles every few years. The Office of Management and Budget shall be authorized to grant exemptions to these requirements. Law enforcement vehicles and vessels of State agency law-enforcement personnel; vehicles owned by the Department of Education, school districts, and charter schools; and designated take home vehicles shall be exempt from these requirements as well. Status: House Natural Resources & Energy Committee NCC Chamber scheduled for committee consideration on May Position: Under Review
HB 11 (Heffernan): AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO COUNTY BUILDING CODES.. Synopsis: Starting in 2025, new commercial buildings with a foundation footprint of 50,000 square feet or greater would need to have a roof that supports solar infrastructure. . Status: House Natural Resources & Energy Committee scheduled for committee consideration on May NCC Chamber Position: Under Review
HB 12 (Phillips): AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ELECTRIC VEHICLES. Synopsis: The codifying of the Clean Vehicle Rebate program the Department of Natural Resources and Environmental Control has offered since 2014. It incentivizes the purchase of electric and hybrid vehicles, allowing up to a $2,500 rebate for electric vehicles and a maximum of $1,000 for hybrid vehicles that retail up to $60,000. Status: House Natural Resources & Energy Committee scheduled for committee consideration on May 10 NCC Chamber Position: Under Review
HB 13 (Phillips): AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ELECTRIC VEHICLES. Synopsis: This Act creates an Electric Vehicle Rebate Program to incentivize the purchase and lease of new and used electric vehicles by Delaware residents. All-electric vehicles shall receive a rebate of no more than $2,500 and hybrid vehicles shall receive a rebate of no more than $1,000. The Department of Natural Resources and Environmental Control shall develop standards, forms, and procedures necessary to implement this program. This program will be terminated if either of the following occurs and notice is given to the Registrar of Regulations and the General Assembly: (1) Available funds for the program will be exhausted within the following year; or (2) It is determined that the median cost of electric vehicles is comparable with the median cost of similar internal combustion engine vehicles. Status: House Natural Resources & Energy Committee scheduled for committee consideration on May 10 NCC Chamber Position: Under Review
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: Passed House, assigned to Senate Executive Committee. 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: : Signed by the Governor 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: Passed Senate, Awaiting Action by Governor NCC Chamber Position: Monitoring
HS 1 to 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. This Substitute differs from the original House Bill No. 55 in that it expands the definition of “individuals experiencing homelessness” to include those who may be staying with different friends or family without a permanent home and it eliminates a reference to voting rights, since such rights are addressed elsewhere in the Code. 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
HB 89 (Baumbach): AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE AND CHAPTER 118 OF VOLUME 83 OF THE LAWS OF DELAWARE RELATING TO PERSONAL INCOME TAXES. Synopsis: Section 1 of this Act increases the standard deduction for personal income tax purposes of resident individuals and spouses of this State for tax years beginning after December 31, 2023. Section 3 of this Act increases the monetary filing thresholds resulting from the increases the standard deduction under Section 1. Sections 2 and 4 of this Act increase the refundable earned income tax credit to 7.5% of the corresponding federal earned income tax credit for tax years beginning on or after January 1, 2023, and clarify that a previously enacted refundable earned income tax credit of 4.5% of the corresponding federal earned income tax credit took effect for tax years beginning on or after January 1, 2021.Status: Assigned to On Senate Ready List NCC Chamber Position: Under review.
HB 90 (Williams): AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO MEDICAL DEBT. Synopsis: This Act requires large health-care facilities to provide information to uninsured patients regarding eligibility and the application process for medical assistance. Information must be provided at the time of service or prior to discharge, and again with each billing statement. When patients receive emergency care, information must be provided within 5 days of discharge. This Act becomes effective 1 year from the date of its enactment or when final regulations are adopted by the Secretary, whichever occurs first. Status: Assigned to House Economic Development, Banking, Insurance & Commerce Committee NCC Chamber Position: Under review.
HB 91 w/ HA 1(Bush): AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES INVOLVING PROPERTY. Synopsis: This Act creates a new offense of Aggravated Criminal Mischief with enhanced penalties (class D felony) applicable when an individual knowingly damages or tampers with critical utility infrastructure intending to disrupt utility services. In recent years, the U.S. Department of Homeland Security (DHS) and the FBI have issued repeated warnings about domestic terrorists and extremist groups targeting critical utility infrastructure. Bulletins issued through DHS’ National Terrorism Advisory System in 2022 warned of a heightened threat environment based, in part, on “continued calls for violence directed at U.S. critical infrastructure.” Physical and computerized attacks on electric utility equipment have reached a 10-year high in 2022. Recent attacks in Washington and North Carolina have caused substantial outages and damage to the power grids in both states. Status: Passed House, assigned to Senate Judiciary Committee Chamber Position: Support
HB 97 (Gray): AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE DELAWARE CONTRACTOR REGISTRATION ACT AND DECREASING THE CONTRACTOR REGISTRATION FEE FOR CERTAIN CONTRACTOR Synopsis: This Act decreases the Contractor Registration Fee for contractors who do not have a state contract and have 3 or less employees. This Act is to become effective July 1, 2024. Status: Assigned to House Labor Committee Chamber Position: Under Review/Likely Support
HB 98 (Williams): AN ACT TO AMEND TITLES 7 AND 29 OF THE DELAWARE CODE RELATING TO NOTICE REQUIREMENTS FOR DNREC PERMITS. Synopsis: This Act creates certain uniform, minimum requirements for public notice related to permits and permit renewals issued by the Department of Natural Resources and Environmental Control. In particular, at least 30 days must be provided for submission of public comment after the notice issues, the notice must include instructions for electronic submission of public comment, the permit application to which the notice applies must be available electronically and a link to a page where the application may be accessed electronically shall be provided in the text of the notice, a copy of the notice shall be posted on the Department’s website in addition to whatever other means of delivery is required for the notice, and elected officials whose district includes the location of the permitted activity must be individually notified by e-mail. Where the application materials are too voluminous to post online the Department may provide instructions for alternative access. Conforming changes are made to other parts of the Code that deal directly with public notice of permit applications. The Act is effective 180 days after its enactment. Status: Assigned to House Natural Resources & Energy Committee Chamber Position: Under Review
HB 99 (Heffernan): AN ACT TO AMEND TITLES 7 AND 29 OF THE DELAWARE CODE RELATING TO CLIMATE CHANGE. Synopsis: This Act, known as the Delaware Climate Change Solutions Act of 2023, follows the issuance of Delaware’s Climate Action Plan in 2021, and establishes a statutory target of greenhouse gas emissions reductions over the medium and long term to mitigate the adverse effects of climate change due to anthropogenic greenhouse gas emissions on the State. The Act establishes a process of regular updates to the Climate Action Plan to serve as the framework to achieve the targeted emissions reductions and develop resilience strategies for the State, creates Climate Change Officers in certain Key Cabinet-Level Departments who will assist DNREC in the ongoing implementation of the Climate Action Plan, requires State agencies to consider climate change in decision-making, rulemaking, and procurement, and requires an Implementation Report every 2 years on the progress of the State towards meeting the statutory targets. Status: House Ready List NCC Chamber Position: Seeking Amendment (contact Joe Fitzgerald for more information at fitzgeraldj@ncccc.com).
HB 101 (Bush): AN ACT TO AMEND TITLES 7 AND 17 OF THE DELAWARE CODE RELATING TO EXPEDITED REVIEW OF DEVELOPMENT-RELATED PERMIT APPLICATIONS. Synopsis: This Act directs DelDOT and DNREC to develop a program to allow for the expedited review of entrance plans and stormwater and sediment plans associated with new development. Under this process a consultant pre-approved by DelDOT and/or DNREC would conduct the review and the costs would be paid directly by the developer. The state agencies are charged with developing policies and procedures to protect against potential conflicts of interest in the use of private consultants. Status: Assigned to House Economic Development, Banking, Insurance & Commerce Committee Chamber Position: Support HB 102 (Bush): AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO ENTRANCE PERMITS. Synopsis: This Act expedites the issuance of a temporary entrance permit for commercial and economic development projects. Status: Passed House, assigned to Senate Banking, Business, Insurance & Technology Committee Note: Passed the Senate on May 9, Awaiting Action by the Governor Chamber Position: Support
HB 103 (Bush) AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO TRAFFIC IMPACTS OF DEVELOPMENT. Synopsis: Transportation infrastructure is critical to the safe and efficient movement of people as well as goods and services throughout the State. The Delaware Strategies and Spending identifies various investment levels to help prioritize State infrastructure funding, with investment levels 1 and 2 representing the areas of highest priority. However, there are many transportation facilities within these areas which do not meet the current standards and rely on development projects to construct improvements resulting in unpredictable costs and fragmented infrastructure. This act creates a transportation impact fee for areas within state strategies and spending levels 1 and 2 that are not currently within an approved Transportation Improvement District. The impact fee ensures that development contributes a reasonable, responsible share of the transportation impact to fund off-site improvements including but not limited to bringing substandard roads to current standards, improving pedestrian facilities, and upgrading deficient intersections while allowing the Department of Transportation to implement the improvements in a more cohesive way. The fees are to be utilized within the counties where they are collected. Status: Assigned to House Economic Development, Banking, Insurance & Commerce Committee Chamber Position: Support HB 104 (Bush): AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO LAND USE PLANNING. Synopsis: The state’s pre-application process for land use process, known as PLUS, was created 20 years ago and has served to increase coordination among state and local agencies. In doing so, it has fulfilled its intent of providing predictability and consistency for the development community, especially in the area of major projects. Given that success, this bill assists in expediting the process for economic development projects in the State of Delaware with some exemptions from the PLUS process. A project located in Investment Level 1 or 2 under the Strategies for State Policies and Spending that is consistent with local zoning and any local comprehensive plan that will create full-time jobs is exempt from the pre-application process unless required by the local government or requested by the applicant. Status: On Senate Ready List Chamber Position: Support HB 123 (Ramone): AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL.Synopsis: This act would require the Department of Natural Resources and Environmental Control to obtain the consent of the General Assembly before promulgating any regulations restricting the sale of fuel-powered cars, trucks, and SUVs in Delaware. This Act does not change the emission standards fuel-powered vehicles must currently meet. The provisions of this bill would be retroactive to March 1, 2023. Status: House Natural Resources & Energy Committee. Chamber Position: Support
HB 127 w/ HA 1 (Baumbach): AN ACT TO AMEND TITLE 9 AND TITLE 25 OF THE DELAWARE CODE RELATING TO COUNTY FIRE PROTECTION FEES. Synopsis: This Act provides each county with the ability to impose, by duly enacted ordinance, a fire protection fee (fee). A county that enacts this fee must do all of the following: 1. Deposit all money collected from this fee in an account that is segregated from the county's general funds. 2. Establish criteria under which this money is distributed to fire companies providing fire protection in the county. 3. After using no more than 5% of the money annually deposited from this fee for administration of this fee, distribute all of the money collected, including accrued interest, within 18 months of receipt. In addition, under this Act: 1. A fire protection fee may be collected from property that is otherwise exempt from taxation unless an exemption from this fee is provided by the county. 2. A county may, by ordinance, establish penalties for the failure to pay a fire protection fee and establish procedures to abate the penalty. 3. The unpaid balance and any penalties become a lien on the property upon which the fire protection fee was incurred and the county may institute a proceeding to enforce this lien. 4. A fire company must include the money received from a fire protection fee in the annual audit required under § 6608 of Title 16. HA 1 Synopsis: This Amendment revises House Bill No. 127 to make ambulance service providers who are recipients of a Grant-in-Aid eligible for money collected from a county’s fire protection fee. There are currently 3 volunteer ambulance service providers that are not operated by fire companies but are treated in the same manner as fire companies for certification, audits, and all receive a Grant-in-Aid in the section of the annual Grant-in-Aid bill for fire companies. Under HB 127, “fire protection” includes ambulances and basic life support, but only fire companies who are a recipient of a Grant-in-Aid and provide fire protection outside the City of Wilmington can receive money from a county’s fire protection fee. This Amendment revises HB 127 to define “ambulance service provider” as a organization that is a recipient of a Grant-in-Aid for the operation and maintenance of ambulances and groups ambulance service providers with fire companies under the term “fire protection provider” so that all organizations that receive a Grant-in-Aid and provide ambulance services in the county, outside of the City of Wilmington, are eligible to receive money collected under a county fire protection fee and if these funds are received, the organization must include that money in the annual audit required under current law. Status: Released from House Housing Committee on April 26. On House Ready List Chamber Position: Under Review/Opposition Likely
HB 128 (Baumbach): AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX Synopsis: This Act creates the following new tax brackets as of December 31, 2023:
0% of taxable income less than $2,000.
1.9% of taxable income in excess of $2,000, but not in excess of $5,000 .
3.9% of taxable income in excess of $5,000, but not in excess of $10,000 .
4.8% of taxable income in excess of $10,000, but not in excess of $25,000 .
5.55% of taxable income in excess of $25,000, but not in excess of $60,000 .
6.6% of taxable income in excess of $60,000, but not in excess of $100,000 .
6.9% of taxable income in excess of $100,000 .
Status: Assigned to House Revenue & Finance Committee Chamber Position: Opposed
Senate Bills:
SS 1 to SB 1 (Townsend) AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE. Synopsis: This Act is a substitute for Senate Bill No. 1. Like Senate Bill No. 1, 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. This Act differs from Senate Bill No. 1 as it does all of the following: (1) Removes a judicial or administrative proceeding to remedy a violation of law related to security deposit from the list of proceedings included in a covered proceeding. (2) Replaces “covered individual” with “tenant” in the provision determining a tenant’s eligibility to be a covered individual. (3) Makes clear that a covered individual’s household income is to be determined over the immediately preceding 12 months. (4) Makes clear how to determine household income for a full-time student. (5) Tabulates the list of notices provided by a landlord that trigger a covered individual’s receipt of legal representation and further clarifies the notice related to termination of a rental agreement. (6) Provides that a designated organization may decline representation if an attorney deems the covered individual’s defense to lack merit, in addition to a determination by the attorney that an appeal lacks merit. (7) Provides that a covered individual is entitled to receive legal representation as soon as practicable after the initiation of a covered proceeding, rather than just an eviction proceeding. (8) Removes the requirement that a court, at a covered individual’s first appearance in a covered proceeding, provide a covered individual with notice of the individual’s right to, and the availability of, legal representation under this Act. This notice is intended to be provided earlier by the Right to Representation Coordinator (“Coordinator”). (9) Requires that events planned for, and information distributed to, tenants also be made available to landlords and property managers. (10) Requires that the Coordinator include a full accounting of their expenditures as part of the required annual report. (11) Provides that the Coordinator is to prepare information explaining legal representation available to tenants, provides that the information is known as “informational materials”, requires the Coordinator to prepare the informational materials in English, Spanish, and Haitian Creole, and clarifies the events that require the informational materials to be provided to a tenant. (12) Clarifies the date from which actions are to be taken by the Coordinator and the Justice of the Peace Courts. (13) Makes clear that the provision of legal representation to a covered individual under Section 1 of this Act is not intended to be the sole basis for a continuance of a covered proceeding scheduled before the effective date of Section 1 of this Act for a hearing on or after the effective date of Section 1 of this Act. (14) Provides that the residential eviction diversion program includes an initial mediation conference rather than a conciliation conference. (15) Makes technical corrections, including to use the defined term “rental agreement” instead of “lease” and to insert “Delaware” before “Supreme Court” for clarity. Status: Released from House Housing Committee on April 26 and assigned to House Appropriations Committee. Chamber Position: Under Review
SS 1 to SB 8 (Mantzavinos) AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO MEDICAL DEBT Synopsis: This Act is a substitute for Senate Bill No. 8. Like Senate Bill No. 8, this act protects patients from unfair debt collection practices for medical debt, including prohibiting large health care facilities from charging interest and late fees, requiring facilities to offer reasonable payment plans, limiting the sale of debt to debt collectors unless an agreement is made to keep protections in place, providing minimum time before certain collections actions may be taken, limiting liability for the medical debt of others, and preventing the reporting of medical debt to consumer credit reporting agencies for at least one year after the debt was incurred. Violations of the provisions of this Act are considered Prohibited Trade Practices and Consumer Fraud violations. This Act differs from Senate Bill No. 8 as it requires large health-care facilities to provide information to uninsured patients regarding eligibility and the application process for medical assistance. This information must be provided at the time of service or prior to discharge and again with each billing statement. It also creates a minimum threshold for eligibility for payment plans, and it reduces the timeframe in which a bill under a payment plan may be first due. This Act also defines “medical assistance” and “time of service,” which were not defined in Senate Bill No. 8.. Status: Assigned to Senate Banking, Business, Insurance & Technology Committee NCC Chamber Position: Under Review.
SB 9 (McBride): AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LEAD-BASED PAINT. Although lead-based paint is prevalent in many Delaware residences and causes extraordinary neurological damage in children, including seizures, behavioral disorders, developmental delays, and cognitive disabilities, Delaware does not have a comprehensive system to eliminate lead-based paint from those residences where children are still exposed to lead. This Act creates such a system, including: (1) Creating a system by which all properties where a child who is found to have high blood lead levels live are promptly screened for lead-based paint and, where that paint is found, treated to abate or remediate the lead-based paint. (2) Prohibiting landlords of properties where the State has paid for lead-based paint abatement from raising rents on those properties for a period of 3 years. (3) Taking steps to ensure that neither landlords nor local governments present unreasonable delays to the abatement of lead-based paint. (4) Creating a dedicated fund for abatement and remediation of lead-based paint hazards so that all levels of state government can be held accountable for funding lead-based paint abatement efforts. (5) Expanding the duties of the Childhood Lead Poisoning Prevention Advisory Committee to include a plan for prompt inspection and, where necessary, abatement or remediation of lead-based paint in all pre-1978 rental properties. Status: Assigned to Senate Health & Social Services Committee, to be considered in committee, Wednesday, May 10 NCC Chamber Position: 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 House on March 28, Signed by the Governor. NCC 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 NCC Chamber Position: Gathering member input and seeking amendments.
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: Released from Senate Labor Committee, on Senate Ready List NCC Chamber Position: Monitoring/Gathering Input/Seeking
SB 51 w/ HA 1 (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. HA 1 Synopsis: This Amendment removes the exceptions for fire companies and nonprofit organizations from the prohibition on providing ready-to-eat food in polystyrene foam food service packaging. (HA 1 not currently a part of the bill, will receive a vote during floor consideration of bill). Status: RELEASED from House Health & Human Development Committee. On House Ready List. NCC Chamber Position: Seeking possible amendments to mitigate business concerns.
SB 58 (McBride): AN ACT RELATING TO THE REMOVAL OF COPAY REQUIREMENTS FOR DELAWARE FAMILIES IN NEED Synopsis: Since the COVID-19 public health emergency, the Department has not charged copays for Delaware Families earning up to 200% of the federal poverty level and has reimbursed purchase of care providers for 15 absent days per child per month. These practices have been successful in stabilizing families and providing early learning programs for Delaware's needy families and children. Status: Assigned to Senate Finance Committee following March 8 release from Senate Health & Social Services Committee NCC Chamber Position: Support
SB 59 (Gay): AN ACT TO ESTABLISH A STATEWIDE RATE OF PURCHASE OF CARE FOR CHILD CARE PROVIDERS. Synopsis: This bill directs the Department to pay a statewide rate to all child care providers that is aligned with the New Castle County rate through existing program funds. This service provides support for families with children birth to 12 years of age with access to child care to enable the caretaker to hold a job, obtain training or meet the special needs of the parent or child. The bill would pay licensed child care providers statewide at the reimbursement rate of New Castle County as determined by the 2021 Delaware Local Child Care Market Rate Survey. Status: Assigned to Senate Finance Committee following March 8 release from Senate Health & Social Services Committee NCC Chamber Position: Support
SB 72 (Poore): AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAX. Synopsis: The purpose of this chapter is to allow residents of Delaware who are active members of a labor organization to claim a tax credit equal to the annual cost of maintaining their membership in the labor organization, not to exceed $500. Status: Assigned to Senate Labor Committee. To heard before Senate Labor Committee on May 10 NCC Chamber Position: Opposed.
SS 1 for SS 83 (Brown) AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO THE DELAWARE COMMUNITY INVESTMENT VENTURE FUND. Synopsis: This Act creates the Delaware Community Investment Venture Fund to develop opportunities for banking organizations and credit unions doing business in Delaware to better serve the needs of low to moderate income tracts in Delaware. The source of funds will be transfers from the Delaware State Bank Commissioner Regulatory Revolving Fund (established in Section 105 of Title 5), which currently has an amount in excess of that needed to cover the operating expenses of the Office of the State Bank Commissioner. The initial transfer will be up to $2.5 million, plus another $250,000 for expenses. Thereafter, additional transfers of up to $500,000 each fiscal year are authorized. No further transfers are authorized after June 30, 2028, unless further legislation is approved by the General Assembly. Status: Released from Senate Banking Business & Insurance, assigned to Senate Finance NCC Chamber Position: Under Review
SB 88 (Huxtable) AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO THE REALTY TRANSFER TAX. Synopsis: This Act alters the State realty transfer tax credit offered to first-time home buyers. Currently, there is a 0.50% reduction in the State realty transfer tax for first-time home buyers for the first $400,000 of value of the property. This Act completely exempts the first $250,000 of value of property purchased by a first-time home buyer from their portion of the State realty transfer tax and removes the first-time homebuyer tax credit for property valued at $1,000,000 or more. Between $250,000 and $1,000,000, this Act establishes the realty transfer tax applicable to a first-time homebuyer as follows: (1) For property valued from $250,001 through $300,000, the realty transfer tax is reduced to 0.25%. (2) For property valued from $300,001 through $350,000, the realty transfer tax is reduced to 0.50%. (3) For property valued from $350,001 through $400,000, the realty transfer tax is reduced to 0.75%. (4) For property valued from $400,001 through $999,999, the realty transfer tax is reduced by an amount equal to 0.50% multiplied by $400,000. This provides property valued from $400,001 through $999,999 the current realty transfer tax credit offered to first-time home buyers. Status: Assigned to Senate Executive Committee
SB 96 (Pettyjohn) AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL.Synopsis: This Act prohibits the Department of Natural Resources and Environmental Control from promulgating rules and regulations restricting the sale of fuel-powered cars, trucks, and SUVs in Delaware. This Act does not change the emission standards fuel-powered vehicles must currently meet. The provisions of this bill would be retroactive to March 1, 2023. Status: Assigned to Senate Environment, Energy & Transportation Committee NCC Chamber Position: Under Review
SB 99 (Pinkney) AN ACT TO AMEND TITLE 22 OF THE DELAWARE CODE RELATING TO MUNICIPALITIES. Synopsis: This Act prohibits municipal ordinances that require the eviction of tenants for criminal activity by a tenant, member of the tenant's household, or a guest. This Act does not change a landlord's ability to exercise discretion and evict a tenant for criminal activity or other material lease violations under § 5513 of Title 25 and is consistent with, and avoids conflicts with, the protections for victims of domestic abuse, sexual offenses, or stalking under § 5316 of Title 25. This Act is a recommendation of the African American Task Force, established under Senate Bill No. 260 (150th General Assembly). In addition, the 2020 Statewide Analysis of Impediments to Fair Housing Choice, a report produced by the Delaware State Fair Housing Consortium, lists the removal of crime-free housing ordinances and legislation banning such ordinances as one of its goals for ensuring that people within the protected classes have equal access to housing. Currently, at least 6 municipalities in Delaware have crime-free housing ordinances. Generally, these ordinances require landlords to include an addendum on their lease agreements prohibiting a tenant, member of the tenant’s household, or a guest from committing a criminal activity within a specified distance of their unit. If a tenant, member of the tenant’s household, or a guest commits a certain number of criminal activities within a specified time period, the landlord must initiate eviction proceedings. If a landlord does not file to evict the tenant, the landlord may lose their rental license. Crime-free housing ordinances are problematic for the following reasons: 1. The definition of criminal activity is generally vague and open to interpretation, and may include low-level offenses such as trespassing, loitering, and disorderly conduct. 2. The standard for what is considered criminal activity does not require an arrest or conviction, and instead, can consist of merely an allegation or contact with the police. 3. These ordinances penalize victims of crime for seeking help from the police. 4. These ordinances can result in evictions of tenants based upon racially motivated complaints by neighbors. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation. Status: Assigned to Senate Housing & Land Use Committee Chamber Position: Under Review/Gathering Input
SB 102 (Townsend) AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PREVAILING WAGE. Synopsis: This Act closes a loophole in the prevailing wage statute that was being used to pay workers below the prevailing wage by performing work offsite instead of onsite, regardless of whether it was necessary to do so. Status: Assigned to Senate Labor Committee NCC Chamber Position: Opposed
SB 103 (McBride): AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ELECTRIC VEHICLE CHARGING INFRASTRUCTURE FOR RESIDENTIAL DWELLINGS. Synopsis: Electric vehicles (EVs) are becoming more and more popular. Between 2012 and 2016, EV sales grew at an annual rate of 32%. In 2017, growth in sales reached 45%. Batteries for EVs have become much cheaper in the last 10 years, enabling EVs to compete with traditional, fossil-fueled vehicles. In addition, major vehicle manufacturers are pledging to go all electric. Some researchers are predicting that EV sales will outnumber those of traditional, combustion engine vehicles by 2040. However, only minimal electrical charging infrastructure is available today. This Act will make it easier and more convenient to own an electric vehicle in this State in the years to come, resulting in increased purchases of electric vehicles, promoting cleaner air and water, and resulting in improved health outcomes for Delawareans and a reduction of greenhouse gases to curtail global warming. Specifically, this Act achieves these goals by doing the following: (1) Requiring that newly constructed single-family and multi-family residential dwellings include certain electric vehicle charging infrastructure. (2) Providing county and municipal government enforcement of the electric vehicle charging infrastructure requirements of this Act. This Act expires on the date of publication in the Register of Regulations of a notice by the Secretary of the Department of Natural Resources and Environmental Control that the Regulations for State Energy Conservation Code, Regulation 2101 of Title 7 of the Delaware Administrative Code, which are adopted under § 7602 of Title 16 of the Delaware Code, have been updated to match or exceed the standards adopted by this Act. Status: Senate Environment, Energy & Transportation Committee, on committee agenda for May 10 at 2:00 p.m. NCC Chamber Position: Under Review/Seeking Amendments
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: Tabled w/ substitute pending at New Castle County Planning Board on Tuesday, May 2 NCC Chamber Position: Opposed.
NCC Redevelopment Ordinance:
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.
New Castle County Council Members Tackett and Kilpatrick are introducing 25-053. The NCC Chamber is currently conferring with pertinent members, reviewing the legislation and formulating a position. The Chamber may have substantive concerns regarding certain elements of the ordinance.
New Castle County Chamber of Commerce 