By Tyler Micik

Today wraps up the last day of session before the General Assembly goes on Joint Finance Committee markup for two weeks. The General Assembly will return to session on Tuesday, June 11 and they will have seven days of session remaining to review any bills for the year.
 
Several important bills saw action this week including:
 
HS 2 for HB 350: Hospital Cost Review Board

• Status: Passed the House and now heads to the Governor for signature. | Position: Opposed

 
HS 1 for HB 17: Paid Sick & Safety Leave

• Status: Defeated in committee. | Position: Opposed

 
HB 317: Notice Involving Gift Cards

• Status: Passed the House and has been assigned to the Senate Banking, Business, Insurance & Technology Committee. | Position: Support based on amended language (HA1).

 
The State Chamber will continue to engage in discussions around several key bills over the break such as HB 248, HB 422, HB 415, SB 290, SB 255, and SB 233, among others. We will cover some of these bills at our End-of-Session Conference on Thursday, May 30 at Delaware State University in Dover from 9am – 1pm. You can register for the event here. 

By Tyler Micik

A new environmental justice proposal, HB 422, known as “cumulative impacts” was introduced today. The bill has been assigned to the House Natural Resources & Energy Committee. The State Chamber is opposed and has significant concerns with the bill. The proposal would require any businesses seeking a permit for a new facility, expansion of an existing facility, or renewal of an existing permit, located in or an overburdened community, to provide an environmental justice impact report. It would also establish an “Environmental Justice Board” comprised primarily of persons within the impacted community, who would be tasked with reviewing the report and making recommendations to DNREC.  Based on the recommendations, DNREC could impose additional conditions on the permit or deny the permit, even if the applicant meets all applicable permit criteria and operates in good faith.
 
Bills that saw movement this week included:
 
HS 2 for HB 350: Hospital Cost Review Board

• Status: Passed the Senate. Senate Amendment 1 also passed. The bill and amendment now move back to the House for consideration. | Position: Opposed

 
SB 258: Autonomous Vehicles  

• Status: Released from Senate Banking, Business, Insurance & Technology Committee and placed on the Senate Ready List. | Position: Opposed
• We offered the following testimony in committee: “This proposal would require a “human observer” to be physically present in all autonomous vehicles weighing over 10,000 pounds, effectively banning autonomous trucks in Delaware. AVs could help augment the workforce and solve supply chain issues and workforce shortages. According to the American Trucking Association, there’s a nationwide shortage of nearly 80,000 truck drivers and that’s set to double by 2031. Delaware needs truck drivers and AV’s. Delaware should be supporting AV operation and reducing barriers to the deployment of AV’s. No other state requires a human observer to be present in the vehicle…If passed, this will make Delaware an outlier and could forestall AV investment, development, and operations in the state.”

 
HB 127: Fire Protection Fees

• Status: Released from Senate Elections & Government Affairs Committee and placed on the Senate Ready List. | Position: Opposed
• We offered the following testimony in committee: “The State Chamber acknowledges the valuable service fire companies provide to all of us and we understand the reasoning behind the bill. However, we have concerns with the proposal because it only applies to businesses.* We all benefit from the services of fire companies, and everyone should share in the expense. Additionally, we’re concerned because it grants the counites broad and ambiguous authority. They decide whether to impose the fee, there’s no cap on the fee they could charge, and this establishes penalties for failure to pay.”

 
SB 290: Protection of Wetlands

• The bill was heard in committee but will be replaced by a substitute and go back through the committee process. During the hearing, the sponsor committed to working with interested stakeholders to form a working group and come up with a substitute that reflects their feedback due to requests from the public. The State Chamber will participate in those discussions and will share a copy of the substitute once it is introduced.
• However, the State Chamber is opposed to the bill as written and stated the following during the hearing: “The State Chamber understands the intent of the bill, which is to fill a gap left by changes in Federal wetlands jurisdiction. However, we have significant and meaningful concerns with the proposal before you today. For example, it appears to establish a permitting requirement from DNREC for “construction of any kind” in any wetlands, regardless of acreage or linear feet involved. This is overly burdensome, ambiguous in size and scope, and will impact businesses throughout the state. Essentially, it could impact anyone that builds, digs, or has anything located in wetlands. Businesses, including our members, invest thousands of dollars to protect the environment and communities in which they operate, live, and work. They understand the economic and ecological value wetlands offer. We oppose SB 290 and hope to work with the sponsor to come to a solution that recognizes the concerns of businesses while accomplishing the goal of this proposal.”

 
The General Assembly will be in session next week and then go on JFC break for two weeks. It’s likely some of these bills and others like HS 2 for HB 55 (The Homeless Bill of Rights) could see movement next week. You can view the latest draft substitute bill here, which is being circulated by the sponsor for feedback. The State Chamber remains opposed to the bill and the draft substitute.
 
If you have questions or feedback about any of these bills or others, please contact me at [email protected]. ​

*Editor's note: After publishing this article, clarification was received by the bill sponsor that this bill applies to both businesses and residents. 

By Tyler Micik

Today wraps up another busy week of session! The General Assembly has only 12 session days remaining before they adjourn on June 30. But there’s still much work to be done. Several important bills saw movement this week including:
 
HS 2 for HB 350: Hospital Cost Review Board

• Status: Released from the Senate Executive Committee and assigned to Senate Finance Committee. | Position: Opposed and testified in opposition at the committee meeting.

 
SB 233: Service Worker Protection Act

• Status: Released from House Labor Committee and placed on the House Ready List. | Position: Opposed and testified in opposition at the committee meeting.

 
The State Chamber’s Small Business Alliance hosted its Small Business Day in Dover today! The day included an informative workshop featuring Bob Byrd of ByrdGomes and Megan Kopistecki of Delaware Prosperity Partnership, followed by the House Small Business Caucus meeting with Representatives Michael Ramone and Daniel Short. The day concluded with meetings between legislators and members of the business community.
 
Several bills of importance are already on next week’s committee agenda, such as HB 248 (Pre-Permit Community Outreach In Underserved Communities). The State Chamber sent this letter to the bill sponsor last June when the proposal was introduced. The bill is scheduled to be heard in the House Natural Resources & Energy Committee on Tuesday, May 14 at 10:00 am. You can view the meeting notice and sign up to participate here.  
 
If you have any questions about any of these proposals or others, as always please let me know. On Thursday, May 30 the State Chamber is holding its End-of-Session Policy Conference at Delaware State University in Dover where these issues and others will be discussed. The conference will also feature remarks from Speaker Valerie Longhurst and Senate President Pro Tempore David Sokola. You can sign up to attend here. Sponsorship opportunities are also available. If you’re interested in learning more, please reach out to Kerri Welcher at [email protected].