Rep. Rae Moore

This Act Amends Title 10 of the Delaware Code by allowing automatic Expungement for Juveniles who choose to participate in the Juvenile Offender Civil Citation Program after one year of successful completion of the program. This Program was offered as a viable alternative for Delaware Juveniles who did not wish to have a criminal misdemeanor on their record, especially in a time when these Juveniles may be applying for higher education and employment. However, whereas certain lower-level criminal offenses offer an option for expungement, these Civil Citations do not, and can still be seen on the Juveniles’ records. This Act also obligates the Civil Citation Coordinator to notify any courts or law-enforcement agencies who possess records pertaining to the case to have the records expunged. Such courts and agencies are to provide written notice to the Coordinator to confirm the expungement was completed.

This bill is the Community Workforce Agreement Act. It requires that all large public works construction projects, utilizing state funds, are to be governed by a Community Workforce Agreement with labor organizations engaged in the construction industry to provide structure and stability and promote efficient completion.

The Bill expands the availability of free feminine hygiene products at all public and charter schools.

This Act requires Delaware to use the Wireless Emergency Alert (“WEA”) system to notify the public of emergency alerts and requires that the emergency alert system be used when a catastrophic release occurs. A catastrophic release is a major uncontrolled emission, fire, or explosion that presents an imminent and substantial endangerment to public health. This Act also requires that emergency alerts be broadcast in Spanish, in addition to English, when possible. The WEA system is a federal public safety system, currently used by the Delaware Emergency Management Agency (DEMA), that allows customers who own mobile devices to receive geographically targeted, text-like messages alerting them of imminent threats to safety in their area. Delaware still uses reverse 911 notifications to landline phones for environmental hazards, but only 6.5% of U.S. households use landlines as their only form of phone communication. In contrast, the National Center for Health Statistics reported that during the first 6 months of 2020, 62.5% of adults and 73.8% of children lived in wireless-only households. To ensure that Delaware’s cell phone users receive WEA alerts, DEMA asked cell phone users to manually register their cell phones with the Delaware Emergency Notification System ("DENS") to receive WEA notifications. After numerous years of marketing campaigns, and encouragement from public officials, private entities, and advocacy groups, only 3% of Delawareans have manually registered their cell phones with the Delaware Emergency Notification System to receive wireless emergency alerts. In addition, because the WEA system targets geographic areas, emergency alerts are sent to all wireless devices with service provided by participating carriers. Thus, emergency alerts are provided to wireless devices in the geographic area affected by the hazard, regardless of whether people register their phones, live in the area, or have phone numbers with a local area code. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act, known as the Delaware Climate Change Solutions Act, follows the issuance of Delaware’s Climate Action Plan in 2021, and 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, establishing a mandatory and regularly updated plan to achieve those emissions reductions and develop resilience strategies for the State, and requires State agencies to address climate change in decision-making and rulemaking.

This 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. Facility includes the following commercial or industrial business: (1) Manufacturer of animal food, meat, seafood, tobacco, manufactured home, chemicals, pharmaceuticals, petroleum, asphalt, ready-mix concrete, primary metal, nonmetallic mineral products, ammunition or transport equipment; (2) pulp, paper, paperboard and sawmills; (3) rail or water freight dock; (4) landfill, transfer station, resource recovery, scrap metal or recycle center or compost operator; (5) sewage treatment center, animal waste processor or sludge processor; (6) commercial livestock and poultry growers; (7) medical waste incinerator (with the exception of those attendant to a hospital or university intended to process self-generated medical waste); and (8) commercial or industrial businesses not contained in (1)-(7) that currently contribute or upon permit approval would contribute to the cumulative pollution in an overburdened community, as identified by the Department in conjunction with the Environmental Justice Board. For all permit applications, the environmental justice impact report would be required at least 60 days before a required public hearing. Under the Act an “overburdened community” is defined as any census tract, as delineated in the most recent U.S. Census, in which one or more of the following applies: (1) 35% of the residents are below 185% of federal poverty level. (2) At least 25% or more identify as minority or member of a state or federally recognized tribal community or immigrant. (3) 25% or more have limited English proficiency as defined by U.S. Census Bureau. (4) Geographic locations that potentially experience harms and risks as determined by the Environmental Justice Board. The Department would be required to create and post on its website a list of “overburdened communities” and update the list every 2 years. The Act establishes the Environmental Justice Board to review and make recommendations on the environmental justice impact reports, conduct public hearings, and other measures to help the Department fulfill the purpose of this chapter. The public hearing on the permit would be required to provide an opportunity for meaningful public participation by the overburdened community. Following the public hearing the Secretary would be required to consider the recommendation of the Environmental Justice Board and the testimony presented at the public hearing. The Secretary could impose conditions to the permit that may be necessary to reduce the adverse impact to the public health or to the environment in the overburdened community. The Secretary would have the authority to deny a permit application in an overburdened community upon a finding that the cumulative impact imposed by the new or expanded facility would constitute an unreasonable risk to the health of the residents of the overburdened community or to the environment in that community. The Act requires the Department to establish rules and regulations to implement the Act, in consultation with the Environmental Justice Board, within 6 months after its enactment.

This concurrent resolution requests that the Delaware State Housing Authority (DSHA) conduct a comprehensive statewide assessment of affordable housing, particularly for moderate and low income families and first-time home buyers, including existing and proposed DSHA loan and grant programs and provide this assessment to the General Assembly no later than January 1, 2023.

Stands operated by children that serve or sell lemonade or other beverages on a temporary, occasional basis are a summertime tradition for many children. This Act exempts a stand operated by a child from State, county, and municipal regulations and licensing fees that might otherwise apply. Specifically, this Act defines a “stand operated by a child” as one that operates on a temporary, occasional basis, serves or sells lemonade or other beverages to others, and is located on private property with the permission of the private property owner. In Sections 2, 3, 4, and 6, this Act exempts a stand operated by a child from State regulations on food establishments and soft drinks and other beverages, requirements related to child labor laws, and retail license requirements. Additionally, Sections 1 and 5 of this Act broadly prohibit a county or municipality from enacting a law, ordinance, or regulation that prohibits, regulates, requires a license or permit for, or imposes a fee, charge, or surcharge on, a stand operated by a child. Finally, this Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter, whether directly, by amendment to a specific municipality's charter, or, as in this Act, indirectly, by a general law.

This Concurrent Resolution encourages the General Assembly to prioritize funding for Social Emotional Learning (SEL) in schools, and to work collaboratively with the Delaware Department of Education and other stakeholders to promote the use of SEL in school districts and charter schools.

This Act removes all penalties for possession of 1 ounce or less of marijuana, except for those who are under 21 years of age. Possession of more than 1 ounce of marijuana and public consumption remain unclassified misdemeanors. The Act also removes language referencing search and seizure authority. This Act also adds a provision to the Uniform Controlled Substances Act that provides that there will be no criminal or civil penalty for transfers of 1 ounce or less of marijuana between persons who are 21 years of age or older without remuneration.