House Substitute No. 1 for House Bill No. 407, like the original, does all of the following: clarifies the ability of the Department of Natural Resources and Environmental Control (DNREC) to respond to emergent situations, expands the jurisdiction from which DNREC may file to recover costs, and makes certain changes to amounts deposited into the Hazardous Substance Cleanup Act Fund. Section 1 provides definitions for “Abate,” “Emergency,” and “Removal Action.” Section 2 clarifies the ability of the Secretary or their authorized employees or agents to determine if an emergency exists and take immediate action to abate the emergency without obtaining public comment. Section 3 allows the Department to authorize removal actions to address releases without first obtaining public comment, and to incorporate the removal action into any proposed plan of remedial action by DNREC. Section 4 expands the jurisdiction of the courts which DNREC may bring enforcement actions and recover costs. Section 5 increases the civil penalty for each fraudulent act from up to $10,000 to $40,000. Section 6 extends the end date from January 1, 2029, to January 1, 2037, for monies to be deposited into the Hazardous Substance Cleanup Act Fund (the “Fund.”) Section 7 provides the effective date of this legislation. This Substitute differs from the original House Bill No. 407 in that it removes references to the realty transfer tax.
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This Act sets forth requirements and restrictions for the manufacture, distribution, and sale of THC-infused beverages in this State. This Act allows manufacturers to operate in Delaware with authorization, and sets forth manufacturing and product requirements. Out-of-state and in-state manufacturers must deliver their infused beverages to licensed importers, who must comply with notice and testing requirements before the infused beverages can be transported from an importer’s warehouse to package stores for sale, and must keep detailed records of their shipments. Package stores may obtain authorization to sell infused beverages for off-premises consumption, and must comply with requirements concerning the placement of infused beverages in the store, signage, and packaging criteria. This Act also allows licensed retail marijuana stores to sell infused beverages. This Act classifies cannabidiol (CBD), cannabigerol (CBG), cannabinol (CBN), and cannabichromene (CBC) as nonintoxicating cannabinoids and those cannabinoids not excluded from sale to consumers by this Act. This Act increases the potential civil penalties for selling marijuana, marijuana products, and infused beverages to individuals under 21, allowing a fine of up to $10,000 for subsequent offenses within 5 years. Additionally, for violations of provisions of Title 4 pertaining to infused beverages, an administrative civil penalty may be imposed of the greater $250 or up to 10 percent of the estimated average gross monthly sales of infused beverages for the operations of a licensee within 12 months preceding the date the penalty is imposed. This Act also updates outdated provisions of code and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act sets forth taxation of infused beverages, which is set at $0.50 per container and taxed at the warehouse distributor, not the retail point of sale. This Act specifies that the Act takes effect 90 days after enactment and the sale of infused beverages may sunset if a Federal legislative act that changes the definition of “hemp” under 7 U.S.C. § 1639 (o) to a controlled substance. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee.
Maddy summaryHB 500 authorizes the State of Delaware and its transportation authorities to issue bonds and allocate funds for capital projects in fiscal year 2027. The bill allows the state to sell general obligation bonds and the Delaware Transportation Authority to sell revenue bonds to finance infrastructure improvements. It also sets specific rules for how these funds can be spent and reprograms existing money within the state's transportation trust fund. This legislation directly impacts the state's budget and the funding available for transportation construction and upgrades.
This Act requires large energy use facilities to produce renewable energy within the state to power their operations to prevent a drain on the electric grid. It provides for a “ramp-up” period requiring that a large energy use facility provide a plan to the Public Service Commission to ramp up their energy production within the state each year so that by the 10th year of operations, the facility is producing 100% of its energy usage through in-state production. This Act also allows the Public Service Commission to regulate electric suppliers insofar as necessary to ensure that large energy use facilities do not negatively affect the reliability of the electric grid.
This Act provides guidelines for Delaware schools in addressing elopement of students. This Act requires schools to notify the eloping student’s parent or guardian the same day as the elopement incident. All schools must develop policies and procedures to implement the requirements of this Act.
This Act excludes large energy use facilities from the definition of a qualified facility for purposes of determining eligibility for a tax credit or license fee reduction for the creation of employment and qualified investment in business facilities.
This Act provides that an individual electric supplier agent cannot be fined or imprisoned for violations under Section 218 of Chapter I of Title 26. This Act provides that the Commission must develop a training and educational program for any entity or individual that is certified by the Commission as an electric supplier that demonstrates a thorough understanding of the Commission’s regulations regarding (1) sales; (2) consumer protection; and (3) any other matter the Commission deems appropriate. This Act requires that third-party electric supplier report data concerning customer choices in its service territory and third-party electric supplier rates. They must submit a monthly report to the Commission on customer choice in their service territories for the preceding month, including all of the following: (1) the total kilowatt hours distributed to customers purchasing electricity from a third-party electric supplier; (2) the total supply cost charged to customers purchasing electric from a third–party electric supplier; (3) the total cost that customers who chose third-party suppliers would have paid under standard offer service; (4) the net third–party total cost compared to the standard offer service; (5) the total third–party average rate; (6) the standard offer service average rate; (7) the difference between the total third–party average rate and the standard offer service average rate; (8) the third–party average residential rates broken out by supplier and the variance between each of these rates and the standard offer service average rate; (9) the third–party average general service nondemand rates broken out by supplier and the variance between each of these third–party rates and the standard offer service average rate; (10) the third–party average general service demand rates broken out by supplier and the variance between each of these third–party rates and the standard offer service average rate; (11) the third–party average large power demand rates broken out by supplier and the variance between each of these third–party rates and the standard offer service average rate; and (12) other pertinent information the Commission considers appropriate. This Act requires a third-party electric supplier to provide residential customers or small commercial customers with written notice of the pending renewal of a contract 90 and 30 days before the end of the contract term is scheduled to occur and provides regulations regarding electric supplier rates. It requires a third-party electric supplier to provide written confirmation within 15 business days of enrollment and written notification at least 15 days in advance of any changes to the customer’s rate. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to give jurisdiction to inferior courts or justices of the peace of “such … misdemeanors as the General Assembly may from time to time … prescribe.”
This Act extends the Clean Air Act Title V Operating Permit Program annual fees for facilities in Delaware, which have historically expired and been reauthorized by the General Assembly every 3 years. Existing statutory authorization to collect fees sunsets December 31, 2026. This legislation updates the fee assessments based on the work of the Title V Operating Permit Program Advisory Committee and makes additional clarifying updates. For 2027-2029, the total fee will be comprised of a base fee, user fee, and a program fee. Base fees are based on the number of staff hours spent on the source’s permitting, compliance, and enforcement activities, while the user fee is based on the source’s air emissions. The program fee will be assessed based on the total base and user fees. This Act authorizes the Department of Natural Resources and Environmental Control to collect Title V annual fees for calendar years 2027 through 2029 at which point the authority sunsets and would need to be reauthorized.
Like House Bill No. 272, this Substitute creates the new crime of "interference with reproductive health services or exercise of religion”, which is based on a substantially similar federal law (18 U.S.C. § 248). The Superior Court is vested with jurisdiction over criminal prosecutions of this offense. This Substitute for House Bill No. 272 adds clarification by defining “place of worship”. This Substitute also replaces the phrase “discourage any person from obtaining or providing reproductive health services” with “seek to persuade any person with respect to a reproductive health choice or the provision of reproductive health services.” Finally, this Substitute adds language modeled on the similar federal law to clarify that nothing in this law (1) prohibits expressive conduct, including peaceful picketing or demonstration, that is protected under either the U.S. or Delaware Constitution, (2) creates new remedies for interference with activities protected by the free speech or exercise clauses or limit any existing legal remedies for such interference, nor (3) provides exclusive criminal penalties or civil remedies with respect to conduct prohibited under this law.
This Act clarifies that paid leave for the adoption of a child may begin at one of the following times: (1) when the child is placed for adoption with the employee; (2) when the employee initiates a petition for adoption; or (3) when the adoption process is completed.