The Delaware Energy Solutions Act of 2024 authorizes processes necessary to help meet the net zero goals of the Climate Change Solutions Act of 2023. The bill facilitates a transition to carbon-free energy sources by (i) preparing for offshore wind to be a significant element of Delaware’s energy future, if cost is competitive with other potential sources, and (ii) increasing options for interconnecting renewable energy resources to the transmission grid. The bill authorizes the State Energy Office (SEO), with the approval of the Public Service Commission (PSC), to issue solicitations to procure offshore wind. A solicitation can be for a project that serves only Delaware, or in coordination with other states, and authorizes procurement of at least 800 megawatts but not more than 1,200 megawatts of power to Delaware, in a single or multiple solicitations. Solicitations proceed through the following steps: The SEO drafts a solicitation for wind energy if it believes market conditions would result in a bid of no more than 110 percent of the “Delaware Benchmark Price,” defined as the average price that Delmarva Power has paid for power and renewable energy compliance over the prior three years. The Renewable Energy Task Force, an existing public body, must be consulted on the structure and factors of the proposed solicitation. The PSC evaluates the proposed solicitation and determines in a public process, with public comment, if issuing the solicitation would be in the public interest. If so, PSC issues a Preliminary Order allowing the solicitation to proceed. Municipal utilities and rural electric cooperatives are provided an option to participate in the potential project. Third-party “Qualified Purchasers,” such as those that currently purchase electricity for Delaware industries and utilities, could also participate. After preliminary PSC approval, SEO issues the solicitation. Pricing is the key factor, and the returned bids will also include information about avoided greenhouse gas emissions as well as environmental, economic, health and electric grid benefits to Delaware. The SEO cannot proceed to negotiate a contract unless a bid comes back with a price at or below 110 percent of the Delaware Benchmark Price. If contract negotiations occur, SEO confers with PSC staff in finalizing the terms of the contract. PSC reviews the proposed purchase contract to verify that the bid meets all statutory and solicitation requirements, including the examination of the bid price to ensure it is no more than 110 percent of the Delaware Benchmark Price, and is competitive with other new renewable or carbon-free energy projects in the region. If PSC approval is granted, Delmarva Power and any public utility that elected to participate would amend their rates to pass on the costs or savings of the project to their customers. In addition to allowing offshore wind procurement, the bill enhances the PSC’s current Certificate of Public Convenience and Necessity (CPCN) process by giving the Commission authority to issue a CPCN in connection with renewable energy interconnection facilities, such as the transmission lines from an offshore wind project to a nearby substation, or the lines connecting a utility scale solar project (over 30 MW) to a nearby substation. The bill outlines the factors PSC should consider when granting a CPCN for renewable energy interconnection facilities. Additionally, the bill provides separate authority to the Delaware Department of Transportation to permit such facilities in a State-owned Right of Way under Title 17, once a CPCN is issued by the PSC.
Sponsored bills
This Act requires new schools and state buildings over 50,000 square feet to meet certain requirements to ensure that the building's roof is able to support solar energy infrastructure.
This Joint Resolution designates August 31, 2024, as "International Overdose Awareness Day" in the State of Delaware and requires that in observance, the State flag be flown at half-staff at State facilities. By recognizing International Overdose Awareness Day, this Joint Resolution affirms the importance of overdose awareness, remembers those who have died from overdose, and acknowledges the grief suffered from losing a loved one to overdose.
This Act creates the Delaware Grocery Initiative. The Delaware Grocery Initiative is a healthy foods initiative that seeks to provide financial assistance to eligible food resources as designated by the bill. The Act defines food deserts and eligibility requirements for the initiative. The Act authorizes the Division of Small Business to implement the grant and financial support system. This substitute bill does the following: 1. Adds the following terms in the definition section of the Act: Council, food resource, Healthy Foods Retail Initiative, Program, and specialty grocer. 2. Modifies the definition of food desert. 3. Removes terms of grocery store, rural tract, and urban tract in lieu of the new definitions of food resource and food desert. 4. Designates the Division of Small Business, instead of the Office of State Planning, as theagency authorized to implement the Delaware Grocery Initiative and authorizes the Division of Small Business to adopt rules. 5. Replaces the grocery and food desert study with a food access strategy. 6. Subject to appropriation, creates a food access strategy to address food insecurity and requires submission of a report to the General Assembly and the Governor by June 1, 2025.
This Act makes several changes to the civil asset forfeiture proceedings of this state. It repeals the legal presumption that money, negotiable instruments or securities found in close proximity to controlled substances or records or with trace amounts of controlled substances are forfeitable. Such evidence is still admissible and may be considered by the Court in a forfeiture proceeding. It puts the burden of proof on the State to prove all elements of a forfeiture case by a preponderance of the evidence. Under the existing statute, it is the burden of an innocent owner to prove that they did not have knowledge of or consent to the use of their property in an unlawful act. It prohibits the forfeiture of currency less than $500. It prohibits forfeiture unless a criminal charge is brought. It requires the person holding seized property to be financially responsible for all fees associated therewith in the event the property is ordered by the Court to be returned. It allows a claimant property owner who substantially prevails in a forfeiture proceeding to recover reasonable attorney’s fees and costs. The language in this section is modeled after a provision of the federal forfeiture statute, at 28 U.S.C. § 2465 that was put in place in 2000 as part of federal civil asset forfeiture reforms. It aligns forfeiture provisions in Title 11 with the forfeiture provisions in Title 16. It requires the Department of Justice to collect and annually report statistics regarding civil asset forfeiture.
This Act makes the crime of “patronizing a prostitute” a class E felony rather than a misdemeanor where the person from whom prostitution is sought is a minor.
This Act is the Delaware Libraries for All Act. It explicitly adds “public libraries” to the definition of “place of public accommodation” for purposes of Delaware’s Equal Accommodations Law. It also directs the Delaware Library Consortium to develop and adopt common policies concerning collection, development, and other topics in order to ensure equitable access and the right to read for all Delawareans.
This Act sunsets the Technology Investment Council ("TIC"). The Joint Legislative Oversight and Sunset Committee ("JLOSC") reviewed TIC in 2022 and, as a result of the review, JLOSC sponsored House Bill No. 357 of the 151st General Assembly. HB 357 updated TIC's statute to streamline operations and prevent redundancies. In February 2024, TIC submitted a memorandum to JLOSC, explaining all of the following: - Redundancies with other State boards or committees, procedures, and efficiencies remain. And, ensuring that TIC has a quorum to conduct business during meetings continues to be a challenge. - Six of the 9 TIC members also serve on the Government Efficiency and Accountability Review ("GEAR") Board, including the Chief Justice, Director of the Office of Management and Budget, Secretary of Finance, Secretary of the Department of Health and Social Services, the Controller General, and the Chief Information Officer of the Department of Technology and Information ("DTI"). - GEAR has a subcommittee specifically dedicated to IT efficiency and releases an annual report detailing the progress in this focus area. - TIC convened only once in 2023. - TIC's goals are achieved through DTI processes and collaboration with agencies, OMB, and GEAR. - With no objection from TIC members, DTI requested that JLOSC support the sunsetting of TIC. For these reasons, the Technology Investment Council is sunsetted under this Act.
This Act revises existing animal cruelty laws to include people who knowingly possess, own, buy, sell, transfer, or manufacture animal fighting paraphernalia with the intent to engage in or otherwise promote or facilitate such fighting as guilty of a class E felony. This Act defines “animal fighting paraphernalia” and creates a list of considerations a court may use when assessing whether an item or object qualifies as animal fighting paraphernalia.
This Act enacts the Interstate Teacher Mobility Compact (ITMC). The Council of State Governments partnered with the Department of Defense and the National Association of State Directors of Teacher Education and Certification (NASDTEC) to support the mobility of licensed teachers through the development of this new interstate compact. The ITMC will create reciprocity among participant states and reduce barriers to license portability and employment. The Interstate Teacher Mobility Compact (ITMC) is an interstate occupational licensure compact. Interstate compacts are constitutionally authorized, legislatively enacted, legally binding agreements among states. The ITMC will allow teachers to use an eligible license held in a compact member state to be granted an equivalent license in another compact member state, lowering barriers to teacher mobility and getting teachers back into the classroom more seamlessly. The ITMC utilizes a different model than other interstate occupational licensure compacts. Compact member states submit licenses that are eligible for the compact and meet a set of criteria outlined in the legislation. To be eligible, a license must require a bachelor’s degree and completion of a state-approved program for teacher licensure like a teacher preparation program at a college or university. Furthermore, for a license to be eligible under the ITMC, the license must be unencumbered, which means it is not restricted, probationary, provisional, substitute, or temporary. Teachers holding a compact-eligible license can apply for licensure in another member state and receive the closest equivalent license without submitting additional materials, taking state-specific exams or completing additional coursework. Special carveouts were created for some populations in the ITMC to support equitable access. Due to the mobility patterns of military spouses, the barriers to receiving a license that would be considered unencumbered under the compact are much higher. Teachers meeting the definition of an eligible military spouse will be able to use a temporary or provisional license for the purposes of the ITMC. Career and Technical Education Teaching Licenses often do not require a bachelor’s degree as a requirement for licensure, so the compact allows these licenses to be considered eligible without that requirement. The ITMC will not close any existing pathways to teacher licensure or teacher mobility. The ITMC aims to provide additional tools to state licensing authorities to more efficiently license out of state teachers and get them into the classroom. State licensing authorities will also appoint their state’s representatives to the Interstate Teacher Mobility Compact Commission, which serves as the administrative body of the ITMC. In addition to the NASDTEC, the following organizations contributed to the development process for the ITMC: • National Association of Elementary School Principals. • American Association of Colleges for Teacher Education. • National Education Association. • Council of Chief State School Officers. • Education Commission of the States. • Southern Regional Education Board. • American Association of School Administrators. • National Conference of State Legislatures. • National Association of State Boards of Education. • National Governors Association. • National Council on Teacher Quality. • National School Boards Association. The ITMC must be enacted in 10 states to become effective. The ITMC has been enacted in 8 states and legislation to enact it is pending in 13 states.