SB 259 Delaware Senate · 153rd General Assembly (2025-2026)

AN ACT TO AMEND TITLE 9 AND TITLE 22 OF THE DELAWARE CODE RELATING TO EMERGENCY COMMUNICATION SYSTEMS.

Summary
This Act proposes modifications to the in-building regulations regarding bi-directional amplifiers (BDAs).  Currently, buildings that are modified or renovated to exceed 25,000 square feet are not required to meet the GAT (Grid Acceptance Test) at 95% compliance for 800 MHz public safety in-building communications coverage, as is required for new buildings.  In some cases, contractors are tearing down all but one exterior wall and rebuilding which has drawn concern from Division of Communications.  The BDA helps to maintain quality in-building communications and to prevent “dead zone” areas so emergency public safety personnel can communicate during a response to an emergency situation.  This Act also removes language pertaining to an advisor committee that is no longer needed. The Act also removes the requirement that the Department of Safety and Homeland Security publish a map of buildings with these communication technologies due to safety concerns.
Bill status signed all 5 stages cleared
Introduction
Mar 2026
Committee Review
May 2026
Senate Passage
May 2026
House Passage
Jun 2026
Signed into Law
Jun 2026
Introduced Mar 17, 2026 Signed Jun 24, 2026
Maddy AI version diff · 1 comparison

What changed between versions

SA 1 to SB 259 Bill Text · 7 edits
MODERATE
The bill transitioned from a Senate Amendment to final Bill Text, simplifying the definition of 'modified or renovated' buildings by removing specific thresholds (40% floor area modification and RF attenuation criteria) in favor of a broader approach that simply adds 'constructed, modified, or renovated' to the existing 25,000 square foot requirement. A fixed effective date of February 1, 2027 was removed and replaced with a phase-in provision tied to completion of 800 MHz towers in each county. New enforcement mechanisms (certificate of occupancy requirements) and a rulemaking advisory committee were added.
Scope change
Scope expanded from only newly constructed buildings to include modified and renovated buildings of 25,000 sq ft or more, but with a simplified definition (no longer requiring 40% modification threshold or specific RF-attenuating material criteria). The bill now applies across four separate zoning chapters rather than just one. A county-by-county phase-in replaces the single statewide effective date.
DEFINITION

Removed the detailed definition of 'modified' or 'renovated' that required either 40% or more of total floor area to be modified, or structural changes expected to attenuate RF signals (low-emissivity glass, reinforced concrete, metalized insulation). Replaced with a simpler approach: any building of 25,000 sq ft or more that is 'constructed, modified, or renovated' must meet the GAT 95% coverage requirement.

TIMELINE

Removed the fixed effective date of February 1, 2027 (Section 5) that was added in the Senate Amendment.

Added a phase-in provision: buildings are not required to certify for 95% in-building coverage until all 800 MHz towers within a county under the Next Generation 800 MHz Project are fully operational. Temporarily exempt buildings must still incorporate means to later install equipment and must be certified within 6 months after tower completion.

ENFORCEMENT

Added a certificate of occupancy requirement: no permanent CO may be issued unless the building meets the GAT 95% coverage requirement. A temporary CO for up to 3 months may be issued if reasonable effort has been made to meet requirements.

REQUIREMENT

Added an advisory committee (up to 16 members) to assist DSHS in developing rules and regulations, with specific membership including representatives from fire services, EMS, State Police, police chiefs, DelDOT, technology, healthcare, commercial real estate, and building owners/developers over 100,000 sq ft. Committee expires upon completion of rules or by February 28, 2009.

SCOPE

Added parallel amendments to three other zoning chapters (Title 9 sections 4927 and 6927, and Title 22 section 311) to extend the 'constructed, modified, or renovated' language consistently across all applicable zoning ordinances.

TECHNICAL

Added requirement that DSHS publish and update a map on its website showing which counties require buildings to comply with the in-building coverage requirements.

Floor votes · Senate May 5, 2026 · House Jun 16, 2026

How they voted

210
Passed
Total votes 21
May 5, 2026
D Democratic15
15 Yea
100% Yea
R Republican6
6 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
9
Key actions
6
Committee
2
Amendments
2
Jun 24, 2026
Signed into law
Signed by Governor
executive
Jun 16, 2026
Lower · Passed
Passed By House. Votes: 37 YES 1 NO 3 ABSENT
lower
May 19, 2026
Lower · Passed
Reported Out of Committee (Public Safety & Homeland Security) in House with 6 On Its Merits
lower
May 6, 2026
Introduced
Assigned to Public Safety & Homeland Security Committee in House
lower
May 5, 2026
Upper · Passed
Passed By Senate. Votes: 21 YES
upper
May 5, 2026
Upper · Passed
Amendment SA 1 to SB 259 - Passed By Senate. Votes: 21 YES
upper
Apr 30, 2026
Introduced
Amendment SA 1 to SB 259 - Introduced and Placed With Bill
upper
Apr 22, 2026
Upper · Passed
Reported Out of Committee (Corrections & Public Safety) in Senate with 2 Favorable, 3 On Its Merits
upper
Mar 17, 2026
Introduced
Introduced and Assigned to Corrections & Public Safety Committee in Senate
upper
4 primary · 0 co-sponsors

Sponsors