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signed · Delaware · Senate Jun 14, 2022

SB 190: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PARKS AND RECREATION COUNCIL.

Since the creation of the Delaware Heritage Greenway Council in 1992 which then became the Delaware Council on Greenways and Trails, creation and maintenance of greenways and trails have become an important part of the mission of the Department of Natural Resources and Environmental Control, and especially its parks system. This bill merges the work of the Council on Greenways and Trails with the Parks Advisory Council to formally join their efforts. The two councils already collaborate on the Outdoor Recreation Parks and Trails grant program. This bill expands the Parks Advisory Council and adds trails and greenways as a background sought for some parks council members, and also adds representatives from the General Assembly which the Council on Greenways and Trails has had but the Parks Advisory Council does not currently have. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Dave Sokola (D) Paul Baumbach (D) · 9 co-sponsors
signed · Delaware · House Jun 14, 2022

HB 363: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE COUNCIL ON SERVICES FOR AGING AND ADULTS WITH PHYSICAL DISABILITIES.

This Act is a result of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of Adult Protective Services ("APS"). In the process of the review, and with APS's agreement, JLOSC recommended eliminating the Adult Protective Services Advisory Council under § 3903 of Title 31 and absorbing that council's role into the Council on Services for Aging and Adults with Physical Disabilities. This Act makes the required changes to the Council on Services for Aging and Adults with Physical Disabilities. The APS Advisory Council is removed from Title 31 in separate legislation. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Sherry Dorsey Walker (D) Kyle Gay (D) · 7 co-sponsors
signed · Delaware · House Jun 14, 2022

HB 316: AN ACT TO AMEND TITLES 13 AND 16 OF THE DELAWARE CODE RELATING TO THE DOMESTIC VIOLENCE COORDINATING COUNCIL.

This bill does all of the following relating to the Domestic Violence Coordinating Council. First, it adds the Chief Magistrate of the Justice of the Peace Court to the Domestic Violence Coordinating Council. Second, it removes the limitations on the use of voting by proxy by members of the Council. These limitations are unnecessary because § 2104(f) provides that the Council promulgate rules of procedure governing its operations so long as they are in accordance with Chapters 100 and 101 of Title 29. Thus, the Council, not the statute, should determine the rules necessary to govern its own operations. Finally, the bill adds the Fatal Incident Review Team of the Domestic Violence Coordinating Council to the list of entities that are entitled to receive protected health information without informed consent. The protected health information at issue is essential for the Fatal Incident Review Team to review. Due to federal law, certain providers are prohibited from providing such information even with a subpoena. However, these providers can provide the protected health information if the statute specifically permits such protected health information to be disclosed without informed consent.
Krista Griffith (D) Sherry Dorsey Walker (D) Ernesto B. Lopez (R) Nicole Poore (D) Darius Brown (D) · 7 co-sponsors
signed · Delaware · House Jun 14, 2022

HB 259: AN ACT TO AMEND TITLE 7, TITLE 16, AND TITLE 20 OF THE DELAWARE CODE RELATING TO EMERGENCY ALERTS.

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.
Larry Lambert (D) Stephanie Hansen (D) · 21 co-sponsors
signed · Delaware · Senate Jun 14, 2022

SB 222: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO RATES.

This Substitute differs from Senate Bill No. 222 as follows: (1) By clarifying the definition of “Core CPI” by including “over-the-year”, which is used by the United States Bureau of Labor Statistics to make clear the calculation is year-over-year and not year-to-date. (2) By clarifying that the Commissioner will use the bimonthly indices developed by the United States Bureau of Labor Statistics ending with the bimonthly index issued in January of the applicable rate filing year. (3) By setting, in Section 2 of this Act, the Core CPI for rate filing year 2022 at 2.7%. As a result, under § 2503(a)(12)a.1. of Title 18 of the Delaware Code, the allowable aggregate unit price growth for rate filing year 2022 is 3.7%, which is the Core CPI, or 2.7%, plus 1%.
David Bentz (D) Bryan Townsend (D)
signed · Delaware · House Jun 14, 2022

HB 270: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DISTRICT ENROLLMENT CHOICE PROGRAM FOR SCHOOL DISTRICTS AND CHARTER SCHOOLS.

Since 1996, students across Delaware have participated in school choice. Currently, reorganized school districts do not follow the same processes thus causing confusion and barriers for families seeking to access choice for their children. The Act aims to streamline the school choice process, making it easier and clearer for parents, guardians, and school administrators to navigate. This Bill gives priority to siblings of students who live in the reorganized school district where the school is located and to siblings of students who do not live in the reorganized school district where the school is located. The Act also updates what constitutes "good cause" to include change of residence or child's participation in an inpatient or day treatment program.
Kim Williams (D) Tizzy Lockman (D)
signed · Delaware · Senate Jun 14, 2022

SB 187: AN ACT TO AMEND TITLE 22 OF THE DELAWARE CODE RELATING TO RESIDENTIAL ELECTRIC VEHICLE CHARGING INFRASTRUCTURE REQUIREMENTS.

Electric vehicles (EVs) are becoming more and more popular. Between 2012 and 2016, EV sales grew at an annual rate 32%. In 2017, growth in sales reached 45%. Batteries for EVs have become much cheaper in the last 10 years, enabling EVs to compete with traditional, fossil-fueled vehicles. In addition, major vehicle manufacturers are pledging to go all electric. Some researchers are predicting that EV sales will outnumber those of traditional, combustion engine vehicles by 2040. However, only minimal electrical charging infrastructure is available today. Like Senate Bill No. 187, this Substitute will make it easier and more convenient to own an electric vehicle in this State in the years to come, resulting in increased purchases of electric vehicles, promoting cleaner air and water, and resulting in improved health outcomes for Delawareans and a reduction of greenhouse gases to curtail global warming. Specifically, like Senate Bill No. 187, this Substitute achieves these ends by requiring municipalities with a population of 30,000 or more to develop a procedure to obtain permission for the installation of an electric vehicle charging station on real property zoned for residential use that abuts a residential street. This Substitute differs from Senate Bill No. 187 as follows: (1) By removing the requirement that an ordinance adopted by a municipality establish the qualifications required by the licensed electrician who installs an electric vehicle charging station. (2) By clarifying that a municipality may not require an individual owner of real property to install an electric vehicle charging station for another person, including a tenant, guest, or customer, unless the requirement is adopted as part of a municipal zoning or building code that is of general applicability. This Substitute 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.
Krista Griffith (D) Stephanie Hansen (D) · 9 co-sponsors
signed · Delaware · House Jun 14, 2022

HB 355: AN ACT TO AMEND TITLE 7 OF DELAWARE CODE RELATING TO THE FORT DUPONT REDEVELOPMENT AND PRESERVATION CORPORATION.

This Act is to fortify the Declaration of Purpose for the Fort DuPont Complex. This Act does the following: Changes the composition of the Board by adding the Director of the Prosperity Partnership, the co-chairs of the Capital Improvement Committee, a director appointed by the Speaker of the House, and a director appointed by the President Pro Tempore of the Senate; and by eliminating the Secretary of DHSS, the four directors appointed by the Mayor of Delaware City, and the three directors elected by the Board. Specifies that the Director of OMB or his/her designee will be the Board Treasurer. Requires the Board to elect a Vice-Chair from among its members who may carry out the duties of Chair if the Chair is unavailable. Prohibits the executive director or any employee of the Corporation any gift from the Corporation, the Board or any member of the Board valued in excess of $200.00 or from receiving housing as part of their compensation package. An employee may rent, lease, or purchase any property on the Fort DuPont Complex unless for fair market value and only through a standard rental or sale process. Requires a deputy executive director to be hired. Requires all hires to be approved by the Board. Requires the executive director to provide an annual written report of the activities of the Corporation to the Chair of the Board.
Nicole Poore (D) Val Longhurst (D)
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