The Past Month in Dover

By Evan R. Park

​The second leg of the 153rd General Assembly convened January 13, 2026, with lawmakers prioritizing several high-impact issues, including hospital budget oversight (SB 213 with SA1), reforms to New Castle County nonresidential property assessments (SS1 for SB 228), education funding changes aligned with the Redding Consortium’s recommendations, review of the Governor’s Recommended Budget, and veto overrides of Senate Bills 63 and 75. The Joint Finance Committee began its annual budget hearings this week, which will continue through the first week of March.

There were several bills introduced in January that could impact the business community:

Senate Bill 205 with Senate Amendment 1 (Sponsored by Sen. Stephanie Hansen)
SB 205 with SA1 would require businesses planning to use 100 megawatts (MW) or more of electricity — or expanding operations to reach that threshold — to obtain a Certificate to Operate from the Public Service Commission. The bill was originally introduced with a 30 MW threshold, which Senate Amendment 1 increases to 100 MW. The Delaware State Chamber of Commerce (DSCC) opposes the legislation and has joined a coalition urging legislators to pause its advancement and convene stakeholders to address concerns collaboratively. The bill is currently in the Senate Energy, Transportation, and Environment Committee.

Senate Substitute 1 for Senate Bill 228 (Sponsored by Sen. Dan Cruce)
This substitute legislation consolidates SB 228 and its amendment to provide New Castle County additional time in 2026 to review and adjust non-residential property assessments, while still allowing sufficient time to prepare county and school tax bills due December 31, 2026. SB 228 has been released from House Administration and awaits consideration by the full House. DSCC continues to monitor its progress.

Senate Substitute 1 for Senate Bill 230 (Sponsored by Sen. Spiros Mantzavinos)
This substitute bill replaces the original version of SB 230 and removes language related to Section 284 of the Delaware General Corporation Law. The substitute bill clarifies which county financial officials have authority during property assessment disputes and allows them to require testimony or documents when defending how real estate values are calculated, particularly when using income-based or cost-based valuation methods. It also allows subpoenas to be enforced through the Superior Court if necessary. The bill has been released from the House Administration Committee, but action by the full House was deferred. At this time, the bill is unlikely to receive the necessary votes. DSCC is monitoring the legislation, 

House Bill 273 (Sponsored by Rep. Eric Morrison)
HB 273 would prohibit employers from asking about or taking action on an employee’s or applicant’s political preferences or contributions, except where required by law or when political affiliation is a bona fide occupational qualification. We are monitoring the progress of this legislation, which currently is in the House Labor committee.

House Bill 233 (Sponsored by Rep. Frank Burns)
This bill would require regulated utilities to create a separate rate for large energy-use facilities to prevent infrastructure expansion costs from being shifted to residential and small-business customers. The bill has been released from the House Natural Resources and Energy Committee. Ongoing discussions focus on defining “large energy use” and whether legislation could impact businesses currently operating in Delaware as well as those considering locating in the state.

House Bill 234 (Sponsored by Rep. Frank Burns)
HB 234 is the first leg of a proposed constitutional amendment that would establish a fundamental right for employees to organize and bargain collectively over wages, hours, and working conditions, while also protecting their economic welfare and workplace safety. DSCC is monitoring the bill closely. With the recent override of Senate Bill 63, DNREC’s decision related to data centers, and the dynamics of an election year, additional labor-supported legislation is expected. HB 234 is currently in the House Administration Committee.

Emerging Issue: AI Regulation
Rep. Cyndie Romer is preparing legislation to regulate AI chatbots used in retail transactions, with the goal of ensuring consumers are clearly informed when they are interacting with an AI system. A primary concern for businesses is the inclusion of a private right of action for individuals who believe they were harmed during such interactions. Rep. Romer has indicated she does not plan to remove this provision. DSCC is scheduling a meeting with the bill sponsor and stakeholders in February ahead of the bill’s anticipated introduction in March.

For questions or to discuss how these issues may affect your business, please reach out to me at [email protected]. I look forward to connecting with members and serving as a resource throughout the legislative session.

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