Legislative Update, Week of July 31, 2023

Legislative Update, Week of July 31^, 2023 
 

Energy & Environmental Policy

 

This past session saw the introduction of the most substantial number of environmental policy bills, and related legislation, in recent memory. A number have been signed by Governor Carney, some, like the Climate Change Solutions Act of 2023, which the NCC Chamber worked to negotiate over the course of the past year, await action by the Governor. A number of bills remain in committee. The draft Zero Emissions Vehicle regulations considered this session are pending before the Secretary of the Department of Natural Resources & Environmental Control.

 

The Chamber’s position on environmental policy is well summarized by testimony offered before the Senate Energy & Environment Committee on June 8 of 2022 (151^st General Assembly) on the original Climate Change Solutions Act (SB 305):

 

Climate change mitigation is a vitally important public policy priority; and the reduction of greenhouse gas emissions is a key component of climate change mitigation. In pursuit of policy solutions, it is essential to do so in an empirically driven way that incorporates market-driven, empirically sound approaches which also acknowledge economic and social realities. 

 

While the Chamber supports taking legislative and regulatory action to combat climate change, we maintain that climate policy should encourage innovation and investment to ensure significant emissions reductions while avoiding economic harm to businesses, consumers, and disadvantaged communities. Such policies should include well-designed market mechanisms that are transparent and not distorted by overlapping regulations.

 

The coming session, which begins on Tuesday, January 9, 2024, will no doubt include new legislation in this key policy area, and will also involve ongoing deliberation on existing proposals which remain in committee or on the House or Senate Ready Lists. 

 

Following is a list of environmental policy and related legislative proposals from this past session. 

 

For more information on any of the following bills, please contact Joe Fitzgerald at fitzgeraldj@ncccc.com. 

 

ENERGY & ENVIRONMENTAL POLICY [Includes Land Use Bills] as of 

Monday, July 31, 2023 

 

HB 8 w/ HA 1 (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: Released from House Energy & Natural Resources Committee, on House Ready List. Amendment Synopsis: This amendment clarifies that the “Director of the Office” references the Director of OMB. It also requires the committee to consult with representatives/experts from the contracting and material industry in the development of the preferences and in any annual reevaluation and updates to the clean construction preferences. [Amendment Status: Placed with Bill, not a part of the bill at this point, floor vote required on amendment.]. NCC Chamber Position: Under Review /Gathering Member Input

 

HB 9 w/ HA 1(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. Amendment Synopsis: This Amendment requires OMB to submit an implementation report relating to the procurement of zero-emission vehicles every 3 years. It also requires a report detailing recommendations to further lower carbon emissions in the statewide fleet by January 31, 2035. Finally, this Amendment exempts emergency vehicles from the zero-emission vehicle requirements of HB 9.Status: Released from House Energy & Natural Resources Committee and assigned to House Appropriations Committee. [Note: The amendment has been placed with the bill but has not been added to it. For it to become a part of the bill, it must pass the House during floor consideration of the underlying legislation.] Position: Under Review/Gathering Member Input 

  

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: Status In House Energy & Natural Resources Committee. NCC Chamber Position: Under Review/Gathering Member Input

 

HB 101 (Bush): AN ACT TO AMEND TITLES 7 AND 17 OF THE DELAWARE CODE RELATING TO EXPEDITED REVIEW OF DEVELOPMENT-RELATED PERMIT APPLICATIONS. [Land Use/Economic Development] 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 103 (Bush) AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO TRAFFIC IMPACTS OF DEVELOPMENT. [Land Use/Economic 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 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:  Passed the House and assigned to Senate Environment, Energy & Transportation Committee. Note: The NCC Chamber testified in support of the bill. The Chamber’s support is based on the position that a decision with the sweeping socio-economic implications that the regulatory mandate currently before the DNREC Secretary regarding zero emissions vehicles has should be subject to a vote by the legislature.  Chamber Position: Support

 

HB 179 ((Bush): AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO ENTRANCE PERMITS. Synopsis: his Act requires the Department of Transportation to issue an entrance permit to a private or public utility upon presentation of a satisfactory entrance permit application where the private or public utility owns or has an easement for the entrance location. Status: House Economic Development, Banking, Insurance & Commerce Committee

 

HB 220 (Wilson-Anton): AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO PROTECTING DELAWARE’S NATURAL RESOURCES. Synopsis: This is the first leg of an amendment to the Delaware Constitution to conserve, protect and maintain Delaware’s natural resources, including its water, air, soil, flora, fauna, ecosystems and climate. This Amendment would create an inherent and inalienable right for all Delawareans to a clean and healthy environment. The Amendment would also declare the State, including all of its branches, agencies, and political subdivisions, as trustee of the State’s natural resources. By enacting this amendment Delaware would join other States which have or are seeking similar provisions, in their respective Constitutions, creating the same inherent and inalienable rights for their citizens. Status: Released from House Administration Committee and placed on House Ready List.  . NCC Chamber Position: Opposed

 

HB 246 (Phillips): AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO ESTABLISHING UNIFORM MINIMUM RIPARIAN BUFFER AREAS. Synopsis: Currently each county has its own riparian buffer requirements. The intent of this Act is to make minimum riparian buffer areas uniform throughout the State in unincorporated areas and incorporated municipalities that do not hold a Municipal Separate Storm Sewer System(“MS4”) permit. This Act creates a new Chapter 10A of Title 9 which sets forth the following minimum riparian buffer areas: (1) 300 feet to the streamline, as defined by the mean high water line, of any tidal water body, tidal steam or tidal marsh; (2) 300 feet to the shoreline, as defined by the mean highwater line, of any nontidal freshwater body, lake, pond, or blue-line stream; and (3) 50 feet to the shoreline or top of bank, as defined by a greater than 50% change in slope in a distance of less than 10 feet of any non-blueline stream, creek or drainage ditch. The Act sets forth permitted uses not subject to the minimum buffer requirements. The Act requires the 3 Counties to adopt substantive and technical rules and regulations to implement the minimum riparian buffer areas and establish rules for specified uses. The Act requires all 3 Counties, by June 30, 2024 to amend their land use laws by adopting the minimum riparian buffer areas and adopting rules and regulations. The Act permits the Planning and Land Use Departments, in conjunction with the County Planning Directors, to create a coordinated program that educates and trains the public about the requirements of this Act. This Act takes effect on June 30, 2024. Status: in House Housing Committee NCC Chamber Position: Opposed/Seeking Dialogue with sponsor 

 

HB 248 (Johnson): AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO PRE-PERMIT COMMUNITY OUTREACH IN UNDERSERVED COMMUNITIES. Synopsis: This Act establishes a pre-permit community outreach process for any qualified project, as defined in DNREC Regulations, that wishes to apply for a permit within 3 months, in an underserved community. Underserved community is defined in (5) specified demographic areas as well as any community so identified in a mapping tool on DNREC’s website. It is anticipated that DNREC will have an environmental justice area viewer, or similar tool, as a link on its website. Under this Act the applicant must (1) identify a facility community liaison; (2) must schedule a community meeting in or within 3 miles of the boundaries of the underserved community;(3) must provide a written overview of information to be provided in the permit application, the operation the applicant seeks to have permitted, including any renewal, new or change to any amounts or contents of emissions, and the community liaison’s contact information to all residences within the underserved community, (4) must publish the community meeting notice on-line and in at least 1 newspaper and, if available, 1 in the predominate non-English language if the underserved community is identified as limited English proficiency, at least 30 days prior to the scheduled community meeting. The community meeting must allow for interaction and questions and answers. The community meeting must be recorded or transcribed and made publicly available. Any written materials and oral and visual presentations must be accurate, free of technical language, and comprehensible to readers at a sixth-grade level. The applicant must also provide an Underserved Community Outreach Report to DNREC as part of the permit application and review process by DNREC. The Report must include: (1) The community demographics that qualify it as an underserved community;(2) Community liaison’s contact information; (3) Benefits of the qualified project to the community;(4) Proposed activities and their impact on air, water, soil, and health;(5)That releases of emissions over permit levels will be reported in accord with DNREC regulations; (6) Description of operations conditions or control measures that serve to reduce or mitigate pollution associated with the permit application; (7) Compliance history of facility over last 5 years and verification that any fines, penalties and remedial obligations have been fulfilled; and (8) all applicable state and federal permits held by the facility. All material provided by mail or at the community meeting and all notices must also be provided to DNREC. If the Secretary of DNREC determines any false information was provided by the applicant, it will be considered a falsification of the permit application. All cost incurred in complying with these new pre-permit community outreach requirements are to be paid by the applicant. This Act will be effective within 30 days of publication of notice by the Register of Regulations that DNREC has advised it that it has promulgated regulations to administer this Act. Status: House Natural Resources & Energy Committee NCC Chamber Position: Under Review, seeking discussions with the sponsor and stakeholders.   

 

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: Support 

Environmental & Energy Legislation Passed by both Houses, Currently Awaiting Action by the Governor as of Monday, July 31

 

HB 10 (Heffernan): AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE ELECTRIC SCHOOL BUS PROGRAM. Synopsis: This Act establishes targets for annual purchase of electric school buses through fiscal year 2030, and requires the Department of Education to submit an annual implementation report through 2029 as well as a comprehensive report in 2030 detailing future recommendations for electric vehicle purchases and other measures to reduce the carbon and environmental impact of the State’s school transportation fleet. .  Status: Passed Senate & Awaiting action by Governor.  NCC Chamber Position: Monitoring Implementation and Administration of Bill’s Provisions Scheduled to be signed on August 3.

 

HB 11 w/ HA 1 (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: Passed Senate & Awaiting action by Governor.  NCC Chamber Position: Monitoring Implementation and Administration of Bill’s Provisions Scheduled to be signed on August 3.

 

HB 12 w/ HA 1 (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. Amendment Synopsis: This Amendment changes the price cap for a vehicle eligible for the Electric Vehicle Rebate Program from $60,000 in total vehicle price to $50,000 in MSRP. It also clarifies that DNREC and DOT should determine the median cost of both new and used electric vehicles when determining whether the median cost of electric vehicles is comparable with that of internal combustion engine vehicles.  Status Passed Senate & Awaiting action by Governor.  NCC Chamber Position: Monitoring Implementation and Administration of Bill’s Provisions Scheduled to be signed on August 3.

 

SS 1 for SB 7 (Hansen) AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE ENERGY OFFICE. Synopsis: This Act updates and expands the duties of the State Energy Office (located in the Department of Natural Resources and Environmental Control’s Division of Climate, Coastal and Energy) to develop and implement state energy policy and programs, including those affecting the buildout of our statewide energy grid, collaborating with other agencies on data gathering and analysis, encouraging and promoting energy equity in energy planning and development, serving as a liaison with federal agencies and energy agencies in other states, conducting analysis of generating resource adequacy and integrated resource planning, participating in offshore wind transmission planning, and convening stakeholder meetings to implement the purposes of this chapter. Status: Passed House and awaits action by the Governor.  NCC Chamber Position: Monitoring Implementation and Administration of Bill’s Provisions Scheduled to be signed on August 3.

 

SB 51 w/ HA 1, HA 2 & HA 4 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 2 Synopsis: This Amendment narrows the health-care provider exception from the prohibition on providing ready-to-eat food in polystyrene foam food service packaging to only food provided to a patient or resident. HA 4 Synopsis: This amendment adds whereas clauses to Senate Bill No. 51 which provide additional information regarding the impact on and longevity of polystyrene in landfills. It clarifies that a food establishment’s license may not be suspened or revoked for violation of this chapter, and delays the penalty provision to 1 year after the effective date, and defines a violation of the chapter as a “core item” under the Delaware Food Code. Finally, it directs that by December 31, 2023, the DSWA shall submit a report regarding the use of and potential substitutes for polystyrene foam from food establishments and other sources, and the disposal challenges and recycling options for waste polystyrene foam, identifying steps which can be considered in order to achieve the goal of reducing or eliminating polystyrene foam being added to landfills or open dumps in the State. This amendment is identical to HA 3 for SB 51 except that the word “administrative” is added at line 14 to clarify that the penalty for violation of this Act is administrative and not criminal. (HA 1, HA 2 & HA 4, made a part of the bill during House consideration.). Status: Passed Senate and awaiting action by the Governor. NCC Chamber Position: Would have preferred amendments to address some business concerns; Monitoring Implementation and Administration of Bill’s Provisions

 

SS 1 for 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 is a substitute for Senate Bill No. 103. Like Senate Bill No. 103, 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. Also like Senate Bill No. 103, 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. Additionally, like Senate Bill No. 103, 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. This Act differs from Senate Bill No. 103 as follows: (1) Removes language from the definition of “electric vehicle capable parking space” for clarity. (2) Clarifies that “multi-family residential dwelling” includes only boarding houses, hotels, and motels with nontransient occupants. (3) Clarifies that this Act applies to the construction of a multi-family residential dwelling for which an application for final site plan approval is submitted on or after January 1, 2025. (4) Clarifies that if the single-family residential dwelling does not have an attached or detached garage, an electric vehicle capable parking space must be provided in the driveway, assigned parking space for the dwelling, or at an unassigned non-street residential parking space constructed as part of the project .Status: R Passed House and awaiting action by the Governor.   NCC Chamber Position: Monitoring Implementation and Administration of Bill’s Provisions Scheduled to be signed on August 3.

 

SB 170  as amended by SA 1 (Hansen): AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO OFFSHORE WIND ENERGY. Synopsis: This Act directs the Department of Natural Resources and Environmental Control to work with PJM Interconnection, LLC to study the transmission impacts of offshore wind development, to work with neighboring states on offshore wind transmission, and to study and report back to the Governor and the General Assembly on a process for procuring offshore wind power.SA 1 Synopsis: This amendment requires the Department of Natural Resources and Environmental Control (DNREC) to consult with all electric utilities in Delaware, in addition to consulting with the Public Service Commission (PSC) and the Division of the Public Advocate (DPA), in the analysis of the impacts of offshore wind transmission and procurement by Delaware of electricity from offshore wind projects. It also requires DNREC to report to all electric utilities in Delaware, in addition to the PSC and the DPA, about its efforts to consult with other state energy offices in states served by the PJM Interconnection to evaluate regional electric transmission cooperation. This amendment also deletes the provision in the Bill that mandates that DNREC study the impacts on capacity and energy markets in the course of the offshore wind procurement process. Status: Passed House and awaits action by the Governor.  NCC Chamber Position: Under Review NCC Chamber Position: Supported Senate Amendment 1, the bill is under review as amended. In the event of enactment, the Chamber will monitor implementation and the progress of the study. Monitoring Implementation and Administration of Bill’s Provisions Scheduled to be signed on August 3.

 

Bills Signed/Enacted as of Monday, July 31, 2023 

 

HS 1 for 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, the notice must include instructions for electronic submission of public comment or request for hearing, 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 and technical 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: : Signed by the Governor r Chamber Position: Monitoring Implementation and Administration of Bill’s Provisions

 

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: Signed by the Governor Chamber Position: Support 

HB 104 w/ HA 1 (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 Status: Signed by the Governor Chamber Position: Support 

 

HB 161 (Bush): AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ENERGY EFFICIENCY INVESTMENT FUND. Synopsis: This Act allows the Department of Natural Resources and Environmental Control to assist more small businesses and organizations in making energy efficiency improvements to their facilities by raising the proportion of those projects that can be funded through grants or loans by the Energy Efficiency Investment Fund. Currently, assistance is capped at 30% of the project cost up to $250,000, leaving an applicant to come up with the remaining 70% or more. This can be prohibitive for smaller entities. By raising the eligible proportion of the project cost to 60%, without changing the maximum funding, the Department can help more small businesses, local governments, and nonprofits reduce their operating costs and environmental impact. Status: Signed by the Governor NCC Chamber Position: Support

 

HB 171 (Heffernan): AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE CLEAN AIR ACT TITLE V OPERATING PERMIT PROGRAM. Synopsis: This Act extends the Clean Air Act Title V Operating Permit Program annual fees for facilities in Delaware, which have historically expired and been reauthorized by the General Assembly every three years. Existing statutory authorization to collect fees sunsets on December 31, 2023. This legislation updates the fee assessments based on the work of the Title V Operating Permit Program Advisory Committee and makes additional clarifying updates. For 2024-2026, the total fee will be comprised of a base fee, user fee, and program fee. Base fees are based on the number of staff hours spent on the source’s permitting, compliance, and enforcement activities, while the user fee is based on the source’s air emissions. The program fee will be assessed based on the total base and user fees. This Act authorizes the Department of Natural Resources and Environmental Control to collect Title V annual fees for calendar years 2024 through 2026, at which point the authority sunsets and would need to be reauthorized. Status Passed Senate and awaits action by the Governor..NCC Chamber Position: Monitoring Implementation and Administration of Bill’s Provisions

  

 SB 9 w/ SA 1 (McBride): AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LEAD-BASED PAINT. Synopsis: 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. SA 1 Synopsis: This Amendment does all of the following: (1) Makes clear that the State assumes that when a child has an elevated blood lead level there is exposed lead paint in the house and is, therefore, doing an inspection rather than a risk assessment. (2) Makes clear that the owner of any multi-unit property or property that has been rented to a third party may pay the Delaware State Lead-Based Paint Program’s costs of abatement or remediation and, if the owner does so, the prohibition on rental fee increases does not apply to the owner. Status: : Signed by the Governor NCC Chamber Position:  Monitoring Implementation and Administration of Bill’s Provisions

 

SB 126 (Mantzavinos) AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO REFRIGERANTS. Synopsis: This Act clarifies that State building code and other local codes must align with substitute standards for refrigerants as approved by the United States Environmental Protection Agency through their federal listing requirements. Status: : Signed by the Governor NCC Chamber Position: Monitoring Implementation and Administration of Bill’s Provisions

 

REGULATION

 

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.

 

 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: Pending approval by the Secretary of the Department of Natural Resources & Environmental Control 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.  We continue to gather input. 

 

House Bill 123 (Ramone) would require a vote on this proposal. It passed the House on June 30 and has been assigned to the Senate Environment & Energy Committee.