First Leg of 152nd Legislative Session Concludes

By Tyler Micik
 
The General Assembly will complete its first leg of the 152nd Session on Friday evening. This wraps up a busy session, filled with legislation that, on behalf of our members, the State Chamber was actively engaged. It was one that saw many changes and firsts, including arguably the youngest and most diverse General Assembly in Delaware’s history with the addition of nine new legislators—three seats in the Senate and six in the House.

Despite some concerns from members in both the House and Senate over the 10% increase from last year’s budget, the General Assembly passed a $5.6B operating budget (HB195) for Fiscal Year 2024—yet another record-breaking budget in our state’s history. A $194.5M supplemental budget (HB196) in one-time measures and contingency funds also passed.

Part of the State’s Chamber’s mission is to bring the business community and policymakers together at the table to solve problems and help shape policy decisions. A prime example of this collaboration was the enactment of HB102 and HB104, which were part of a larger package of four bills (HB101 – HB104) sponsored by Representative Bush. Both bills, often referred to as Ready in 6 bills, are aimed at improving and expediting the permitting process for economic development projects in the state. Additionally, language from HB101 was incorporated into SB160 (Bond Bill) as a pilot project via epilogue language (section 14, page 11). The State Chamber played a role in championing these bills because these improvements are a method to enhancing Delaware’s competitiveness to win projects that would produce jobs and opportunities for Delawareans.

An overview of bills that passed are:

• HB102 - Entrance Permits: Expedites the issuance of a temporary entrance permit for commercial and economic development projects | Status: Signed by the Governor | Position: Support
• HB104 - PLUS: Improves efficiency within the permitting process for economic development projects by making the State's pre-application process for land use process (PLUS) optional for certain economic development projects in Delaware | Status: Signed by the Governor | Position: Support
• HB1 & HB2 - Legalization of Recreational Marijuana: Legalizes and taxes recreational marijuana in the same manner as alcohol | Status: Enacted without Governor signature | Position: Neutral based on amended language
• HB99 - Delaware Climate Change Solutions Act: Creates a framework for implementing the Governor’s Climate Action Plan | Status: Ready for Governor action | Position: Support based on amended language

 
Other bills signed by the Governor:

• HB49 - Unemployment Benefits and Employer Assessments: Increases the maximum weekly benefit amount payable to claimants seeking unemployment compensation benefits from the Delaware DOL’s Division of Unemployment Insurance from $400 to $450 per week. | Position: From Opposed to Neutral
• SB35 - Mini-Bond: Includes epilogue language that establishes a pilot program under the Office of Management and Budget (OMB) and DelDOT, which mandates project labor agreements (PLAs) on state funded construction projects. The bill targets six projects: Hodgson school; DNREC Lab; Hospital for the Chronically Ill; OMB Food Building; and two DelDOT projects. | Position: Opposed

 
Bills headed to the Governor for signature:

• HB11 - Solar Infrastructure: Requires new commercial buildings with a foundation footprint of 50,000 square feet or greater to meet certain requirements to ensure that their roof can support solar energy infrastructure. | Position: Neutral
• HS1 for HB98 - Notice Requirements for DNREC Permits: Creates certain uniform, minimum requirements for public notice related to permits and permit renewals issued by DNREC. | Position: Monitored
• HB154 - Delaware Personal Data Privacy Act: Provides Delawareans with certain rights over the data collected about them and establishes responsibilities and privacy protection standards for data controllers. | Position: Opposed
• HS2 for HB160 - 988 Surcharge: Imposes a 60-cent surcharge per line, per month on residential, business, wireless, and nontraditional services to help address suicide in our state by creating and supporting a well-functioning 988 system. | Position: Opposed
• HB171 - Title V Operating Permit Program: Updates the Title V Operating Program annual fees for facilities in Delaware which the General Assembly is required to reauthorize every three years. | Position: Support

• HB184 - Domestic Violence: Current statute requires the victim of domestic violence, sexual assault, or stalking to provide verification to their employer. Bill provides employers with the option to require verification to receive accommodations. | Position: Neutral
• SS1 for SB7 - State Energy Office: Updates and expands the duties of the State Energy Office currently located in DNREC’s Division of Climate, Coastal and Energy to develop and implement state energy policy and programs. | Position: Monitored
• SS1 for SB43 - Signs of Hope 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. | Position: Opposed
• SB51 - Polystyrene: 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. Also prohibits food establishments from providing single-service plastic straws, unless requested by a consumer. | Position: Opposed
• SS2 for SB72 - Tax Deduction for Membership Dues: Allows members of a labor organization to claim a tax deduction of up to $500 for their membership expenses. | Position: Opposed
• SS1 for SB102 - Prevailing Wage: Mandates prevailing wage rates on Delaware contractors for custom fabrication work performed offsite. | Position: Opposed
• SS1 for SB103 - EV Charging Infrastructure for Residential Dwellings: Requires newly constructed single-family and multi-family residential dwellings to be built in a manner that would make it easier and more convenient for residents that own an electric vehicle to charge one in their homes. | Position: Monitored
• ​SB145 - Damages for Employment Discrimination: Increases the limits on the dollar amount of awards of compensatory or punitive damages, or both, in cases of employment discrimination, establishing specific caps based on the number of the respondent's employees. | Position: Monitored
• SB146 - Discrimination in Employment: Under current law, an individual can file a charge of employment discrimination by sending the verified charge to the DOL. The Act clarifies that a verified charge of discrimination is deemed to be filed on the date it is sent to the Department. | Position: Monitored

 
Bills that didn’t make it through this year:

• HB8 - Clean Construction Preferences: 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. | Position: Engaged and gathering feedback
• HB36 - Realty Transfer Tax: 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. | Position: Support
• HB41 - Digital Right to Repair: Requires the manufacturer of electronic products to make parts, documentation, tools, and updates available on fair and reasonable terms. | Position: Engaged and gathering feedback
• HB89 - Standard Deduction for PIT: 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. | Position: Support
• HS1 for HB55 - Homeless Bill of Rights: Sets forth 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. | Position: Engaged and gathering feedback

• HB103 - Traffic Impacts: 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 to help fund off-site improvements. | Position: Support
• HB127 - County Fire Protection Fees: Enables each county to establish a fire protection fee and the money collected would go to support fire companies. | Position: Opposed
• HB128 - Change in PIT Brackets: Creates new tax brackets for taxable years after December 31, 2023. | Position: Opposed
• HB168 - Short-Term Rental Tax: Requires short-term rental agencies to pay the same short-term rental tax paid by all hotels, motels, and tourist homes in Delaware. | Position: Support
• HB175 - Accessible Parking Spaces: 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. | Position: Opposed
• HB220 - Green Amendment: Creates an inherent and inalienable right for all Delawareans to a clean and healthy environment. | Position: Opposed
• HB246 - Buffer Areas: Makes 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. | Position: Engaged and gathering feedback
• HB248 - Pre-Permit Community Outreach in Underserved Communities: 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. | Position: Opposed
• SB58 - Removal of Copay Requirements for Delaware Families in Need: Provides financial support to Delaware families seeking childcare by removing copays for Delaware families earning up to 200% of the federal poverty level and reimburses Purchase of Care (POC) providers for 15 absent days per child per month. | Position: Support
• SB59 - Statewide Rate of Purchase of Care for Child Care Providers: Directs the Department of Health and Social Services to pay a statewide rate to all childcare providers that is aligned with the New Castle County rate (as determined by the 2021 Delaware Local Child Care Market Rate Survey) through existing program funds. | Position: Support
• SB147 - Computer-Related Crimes: Creates a narrow exception to computer-related crimes so that a person is not guilty of a crime under §§ 932, 933, 935, or 936 of Title 11 under certain situations (as outlined in the bill). | Position: Opposed

 
WHAT HAPPENS NEXT?
Any bills that were introduced and did not make it to the Governor’s desk will be carried over to next year for consideration. This summer and into the fall we will be ramping up our Member-to-Member program, which brings policymakers to your place of business so that you can share how your company operates, express your compliments and concerns, and discuss the impact policy proposals—like the ones mentioned above—have on your business and employees. Like customer relationships, establishing and maintaining relationships with elected officials is important because it helps create a better understanding for all parties and leads to better policy decisions.

These conversations will highlight important pending legislation which will be worked on this offseason and resurface again next year like:

• HB103: Traffic Impacts
• ​HB248: Pre-Permit Community Outreach in Underserved Communities
• HB220: Green Amendment
• SB147: Computer-Related Crimes

 
For more information on the State Chamber’s positions and actions related to any of the bills mentioned, reach out directly at [email protected].
 
The General Assembly will be on recess until January 2024. The State Chamber will continue to do our part to help bridge all sides and advocate for Delaware employers and their employees. We encourage you to participate in our Member-to-Member meeting program, join a State Chamber Committee, and attend our events this fall. These conversations will help create a shared vision of Delaware’s future for years to come.

*This recap was updated after session adjourned on June 30, 2023.

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