This Week in Dover

By Tyler Micik

With six legislative days left, the General Assembly continued to be busy at work introducing many new bills and moving several others. Here is a summary:

​BILLS THAT MOVED:

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HB420: Preliminary Land Use System (PLUS) – The bill was released from Senate Elections & Government Affairs Committee and heads to the Senate for a full vote. The State Chamber testified in support of the bill because it improves efficiency within the permitting process for economic development projects by making the State's Preliminary Land Use System (PLUS) process optional.  
 
HB435: Community Workforce Agreement – The bill was assigned to House Appropriations. The State Chamber is opposed to the bill because it mandates that all public works projects over $3 million be subject to a Community Workforce Agreement (CWA). This means all contractors and subcontractors would have to sign an agreement with organized labor to perform work on said projects.
 
HB220: An act to amend Delaware’s Constitution that would “create an inherent and inalienable right for all Delawareans to a clean and healthy environment.” The bill was tabled in House Administration Committee. The State Chamber testified in opposition to the bill.

​HB299: Cash Payments – The act prohibits the seller of consumer goods or services from refusing to accept cash payment, except in limited circumstances. The bill was released from Senate Banking, Business & Insurance Committee and heads to the Senate for a full vote.

​SB280: Labor Peace Agreements and Medical Marijuana – The bill was released from House Health & Human Development. It now heads to the House for a full vote. The bill requires medical marijuana compassion centers with 20 or more employees to have a labor peace agreement. The State Chamber is opposed to the bill.

SB327: Land Development and Schools – The “new version” of SB287. The Act addresses the relation between land development and schools with regards to planning by allowing school boards into the development approval process. The bill passed the Senate and moves to committee in the House.

HB205: Delaware Expanding Access for Retirement and Necessary Saving (EARNS) – Delaware State Treasurer Colleen Davis’ proposal that would establish a voluntary employee IRA savings program. The bill was released from Senate Finance Committee and moves to the Senate for a full vote.
 
SB308: Fire-Resistance-Related Construction – The Act requires all buildings of public accommodation and shared residential buildings to conform to standards that will ensure life-saving alarms and fire dampening efforts are safe and up to nationally-recognized standards. The bill passed the Senate and was assigned to the House Public Safety & Homeland Security Committee. It’s scheduled for committee on Tuesday, June 21 at 1pm. You can register for the meeting here.
 
HB77: Prohibition of Harmful Flame Retardants -  The Act prohibits the manufacture, sale, or distribution of children's products, upholstered furniture used in residences, and mattresses that contain harmful flame retardant chemicals. The bill was released from Senate Environment & Energy Committee and moves to the Senate for a full vote.

​SB305: The Delaware Climate Change Solutions Act - The bill is currently in the House Natural Resources Committee. It was taken off this week’s agenda and rescheduled for next week. The bill establishes a statutory requirement 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.

HB449: Elevator Mechanics – The Act creates a new chapter in Title 24 and establishes a regulatory State Board of Elevator Mechanics consisting of five members appointed by the Governor. Additionally, it sets forth grounds for discipline, including suspension and revocation of a license. The bill passed the House and has been assigned to the Senate Labor Committee. HA1 was placed with the bill. The amendment exempts those in a manufacturing or industry facility who meet certain requirements. 

OTHER NOTABLE BILLS:

HB466: Environmental Permits in Overburdened Communities – The Act defines certain facilities which will require an applicant seeking a permit for a new facility, or expansion of an existing facility, or renewal of an existing permit, located in an overburdened community, as defined in the Act, to provide an environmental justice impact report. The bill awaits consideration in the House Natural Resources Committee. The State Chamber is opposed to the bill.
 
HB448: Accessible Parking Spaces – The act adds provisions in Titles 9 and 22 to require county and municipal governments to adopt regulations and ordinances incorporating 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, to increase compliance and uniformity statewide. The bill awaits consideration in the House Public Safety and & Homeland Security Committee.

SB134: Polystyrene Ban. Bill prohibits food establishments from providing consumers with a single-service plastic coffee stirrer, cocktail pick, or sandwich pick or with ready-to-eat food or a beverage in polystyrene containers. The bill awaits consideration in the House Economic Development/Banking/Insurance & Commerce Committee.

SB262: E-Notarization - This bill adopts the Uniform Law Commission’s (“ULC”) Revised Uniform Law on Notarial Acts (“Revised Uniform Law”). It expands on Governor Carney’s authorization for remote notarization to be performed by licensed Delaware attorneys, codified in § 3156 of Title 20, by allowing all notarial officers authority to perform remote notarization. An amendment was introduced and placed with the bill which you can view here. The bill is on the Senate ready list. 
 
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​SS1 for SB35: Wage Payment Collection Act – The Act defines specific violations of wage payment and collection laws under Chapter 11 of Title 19 as wage theft, provides specific penalties for these violations, and creates a new criminal offense of wage theft, with a mechanism for the Department of Labor to refer completed investigations to the Department of Justice for prosecution. The bill awaits consideration in the House Labor Committee.

The State Chamber will continue to work these bills and others as session comes to an end. If you have any feedback on how these proposals will impact your business, please contact me at tmicik@dscc.com. ​