Delaware Bills

signed · Delaware · Senate Jul 21, 2025

SB 134: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO REVERSE AUCTIONS.

Under Chapter 69 of Title 29 of the Delaware Code, the Section of Government Support Services in the Office of Management and Budget ("Section") is responsible for effectuating the State’s procurement process. This Act is a Substitute for Senate Bill No. 134. Like Senate Bill No. 134, this Act seeks to modernize the definition of reverse auctions. This Act differs from Senate Bill No. 134 by providing that the Section is permitted to use reverse auctions only in the procurement of professional services for or related to pharmaceuticals or pharmacy benefits management services.

signed · Delaware · House Jul 21, 2025

HB 3: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO BREASTFEEDING.

This Act creates a breastfeeding and lactation program within the DOC to provide lactation support to women in DOC custody. Among other things, it permits women to collect breast milk for later retrieval and delivery to an infant or toddler by an approved person. It also requires the DOC to provide nutrition information and a meal plan specific to pregnant, post-partum, or lactating women, based on national best practices. This Act further requires that DOC publish an annual report regarding the number of participants in the program and the nature of services provided.

signed · Delaware · Senate Jul 21, 2025

SB 92: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM HEALTH-CARE DECISIONS ACT.

Section 2527 of Title 16, which will become effective on September 30, 2025, originates from Section 27 of the Uniform Law Commission’s Uniform Health-Care Decisions Act. The Uniform Law Commission found that the word “other” was added in error to the final Uniform Health-Care Decisions Act. This Act adopts this correction by deleting the word “other” from § 2527 of Title 16. This Act takes effect on September 30, 2025, to coincide with the effective date of § 2527 of Title 16.

signed · Delaware · House Jul 21, 2025

HB 70: AN ACT TO AMEND TITLES 16 AND 25 OF THE DELAWARE CODE RELATING TO LEAD-BASED PAINT.

In addition to other changes, this Substitute requires that a feasibility study be completed by March 1, 2026, a year before the remainder of this Act will be enforced. It also adds 5 additional members to the Committee issuing the feasibility review and appoints the Director of DSHA, or the Director’s designee, as the chair of this Committee. It also directs the Committee to answer a number of specific questions about the feasibility of this Act. Similar to HS 1 to HB 70, HS 2 to HB 70 differentiates between large property owners and small property owners, recognizing that smaller property owners may find lead certification to be prohibitively expensive and may need more time and assistance to comply with this Act. To that end, this Substitute bill defines large property owners as persons that own or control 20 or more rental units, while small property owners are defined as persons who control fewer than 20 rental units. In addition to different deadlines, small property owners may certify a multi-unit property by inspecting only 5 units of the property. All owners may request a certificate deferral if lead inspectors or certified contractors are not available or if remediation or abatement would create a significant economic burden on the property owner. Unlike HB 70, small and large property owners must obtain lead free or lead safe certification before a rental unit is turned over to a new tenant, but no later than 4 years after the Act is implemented. As in HB 70, if the rental unit is uninhabitable, the landlord must provide alternative housing while the unit undergoes lead abatement or remediation. Recertification for lead safe units must occur prior to commencement of any rental agreement more than 4 years after the date the unit was last certified. Units must be recertified as lead free or lead safe if a lead-based paint hazard is discovered in the rental unit or if individuals residing in the unit develop elevated lead blood levels. Similar to HB 70, this Act creates a Lead-based Paint Hazard Control Grant and Loan Program. Preference for grants must be given to families with young children, pregnant individuals, or tenants regularly visited by children under 6 years old. For landlords with 5 or few units, grants or loans may be issued for 100% of the costs incurred to obtain certification. For landlords with 6-19 units, 50% of the costs may be covered by the fund. A landlord may not raise the rent on a rental unit that benefits from a grant or loan under this program for 3 years. It also permits the lead-based paint hazard control grant and loan program to issue loans to large property owners for 10% of the costs associated with lead abatement or remediation if the landlord can show the expenditure would be a significant financial burden. This Substitute bill further requires DHSS to provide an annual report to the Governor and the General Assembly regarding the number and types of certifications issued under this Act, as well as any violations or civil penalties issued. Prior to filing a complaint for eviction, this Substitute bill requires the landlord to provide documentation that the property in question is in compliance with this Act. No documentation is required if a complaint is filed because the tenant refuses to provide reasonable access to the rental unit so that the landlord may comply with this chapter. As in HB 70, this Act also does the following: (1) Establishes a Lead-Based Paint Remediation Certification Committee to study the available workforce and available public funding to support the inspection and remediation efforts required by this Act along with the feasibility of meeting deadlines established under this Act. (2) Prohibits landlords from discriminating against individuals because they make a complaint or assist in an investigation or proceeding relating to a lead-based paint hazard in a rental unit or premises. (3) Prohibits landlords from discriminating against individuals residing in a unit who have elevated blood lead levels or children or pregnant individuals who may be affected by lead-based paint hazards. (4) Requires that contractors performing lead-based paint abatement or remediation under the Delaware State Lead-Based Paint Program provide for the safety of workers performing lead-based paint remediation work, including free blood testing for workers at least every 3 months. Aside from the feasibility review, this Act will not be implemented or enforced until March 1, 2027.

signed · Delaware · Senate Jul 21, 2025

SB 129: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PRESCRIPTION OPIOID FUNDS AND LITIGATION AUTHORITY.

Senate Bill 166, passed in 2022, created the Prescription Opioid Impact Fund as part of an overall structure that would both maximize the monies paid by settling Opioids defendants to Delaware and to create a structure whereby those settlement monies could be managed and distributed on a statewide basis through a stakeholder-informed process. The complete legislation is found at Title 16 of the Delaware Code, Chapter 48B, Sections 4801B through 4809B. Chapter 48B applied to settlements with entities, and did not apply to bankruptcies. This is because the bankruptcy process itself extinguishes claims and thus provides the necessary “global peace” for settling parties. At the time SB 166 was passed, it was contemplated that, in the context of the Purdue Pharma bankruptcy, the Sackler family members would obtain this type of bankruptcy-style discharge and release. However, in the summer of 2024, the United States Supreme Court ruled that such a discharge was impermissible. This decision thus required that the states negotiate a non-bankruptcy settlement with the Sacklers, which the Delaware Department has since been pursuing diligently. As announced on January 23, 2025, the Delaware Department of Justice has reached a proposed settlement-in-principle with Purdue Pharma and the Sackler family. In order to once again maximize the amount of Sackler money that Delaware will receive, it is now necessary to update the statutory bar created by the SB 166 to account for the fact that the Sackler family members are “individuals” not “entities." Consequently, the Delaware Department of Justice is recommending the amendments to Chapter 48B of Title 16 reflected in this Act.

Topics ✓ Healthcare

signed · Delaware · House Jul 21, 2025

HB 205: AN ACT TO AMEND TITLES 10, 11, 18, 24, AND 29 OF THE DELAWARE CODE RELATING TO HEALTHCARE SERVICES.

The purpose of this Act is to protect medical providers in the State from out-of-state lawsuits and investigations that threaten the practice of medicine in the State. To that end this Act does the following: 1) Clarifies that physicians, physician assistants, and nurses that provide lawful healthcare services in the State do not engage in unprofessional conduct and cannot be disciplined for such services even if such services are illegal or considered to be unprofessional conduct or the unauthorized practice of medicine or nursing in another state. 2) In a civil action or proceeding, prohibits any healthcare provider from disclosing communications and records concerning healthcare services unless the patient authorizes such disclosure, with some exceptions. 3) Provides protections from civil and criminal actions that arise in another state that are based on the provision of health care services that are legal in Delaware. 4) Creates a cause of action for persons against whom a judgment was entered in another state based upon that person allegedly providing, receiving, or helping another person to provide healthcare services that are lawful in Delaware. (This does not apply to an action where no part of the acts that formed the basis for liability occurred in Delaware.) 5) Prohibits an insurer from taking an adverse action against a healthcare provider or organization for performing or providing healthcare services that are lawful in this State. 6) Prohibits any State or local agency, commission, board, or department from assisting a federal law-enforcement agency, another state’s law-enforcement agency, a private citizen, or a quasi-law-enforcement agency in relation to an investigation or inquiry concerning the lawfulness of healthcare services, if such services would be lawful as provided if they occurred entirely in the State.

Topics ✓ Healthcare

signed · Delaware · House Jul 21, 2025

HB 53: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO TELECOMMUNICATIONS SERVICE AND DEVICES FOR PERSONS WHO HAVE DEAFNESS, HEARING LOSS, OR SPEECH DISABILITIES.

This Act broadens the scope of a special fund administered by the Office of the Deaf and Hard of Hearing that provides telecommunications assistance to Delaware residents who have deafness, hearing loss, or speech disabilities related to deafness or hearing loss. This Act authorizes the office to provide residents with assistive devices that facilitate communication or provide users with information pertaining to emergencies. It also authorizes the Office to employ individuals to administer the program, provide education, and manage program resources. This Act adds restrictions on how money in the Fund may be spent and requires a three-month reserve be maintained to ensure financial solvency of the Fund. This Act also requires the Office of the Deaf and Hard of Hearing to file an annual report with the Governor, the Chief Clerk of the House, and the Secretary of the Senate concerning the performance of the fund in the previous fiscal year.

Topics ✓ Budget & Taxes ✓ Technology

signed · Delaware · Senate Jul 21, 2025

SB 101: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF THE PATIENT-PRACTITIONER RELATIONSHIP.

This Act is a substitute for Senate Bill No. 101. It makes no substantive changes to Senate Bill No. 101 other than substituting the synopsis language from the prior bill for the new synopsis, as follows: This Act resolves a conflict between the Uniform Controlled Substances Act which requires an in-person examination to prescribe controlled substances for treatment of Opioid Use Disorder (OUD) and Delaware's telehealth regulations, the Telehealth Access Act which does not require an in-person examination. This bill connects and clarifies the two regulations by modifying the "patient-practitioner relationship" definition in Chapter 47, Title 16, the Uniform Controlled Substances Act, to include a practitioner treating OUD via telemedicine with Schedule III through V medication. The guardrails included in this short addition include: limiting the medication to only Schedule III through V, which has been approved by the FDA for the treatment of OUD and citing to the thorough requirements for establishing a provider-patient relationship under Section 6003 of Title 24, the 2021 Telehealth Access Act, which addresses requirements such as standard of care, medical record keeping, consent, and medical board oversight.

Topics ✓ Healthcare

signed · Delaware · Senate Jul 21, 2025

SB 182: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PHARMACY.

This Act allows drug manufacturers or their agents and wholesalers to ship dialysate drugs and devices directly to home dialysis patients without a pharmacy license.

Topics ✓ Healthcare

signed · Delaware · House Jul 21, 2025

HB 209: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH CARE AND THE PATIENT PROTECTION AND AFFORDABLE CARE ACT.

HB 209 is a procedural bill that updates a reference in Delaware's Title 18 (health care laws) to align with current federal regulations under the Patient Protection and Affordable Care Act (ACA). It does not change any healthcare policies or affect residents directly; it only corrects a cross-reference within state law. The bill's sole purpose is to ensure Delaware's legal citations match the latest federal ACA regulatory framework. This is a technical update with no substantive policy impact.

signed · Delaware · Senate Jul 16, 2025

SJR 3: DIRECTING ALL ELECTRIC PUBLIC UTILITIES IN DELAWARE TO PARTICIPATE IN A STUDY TO BE UNDERTAKEN BY THE DELAWARE SUSTAINABLE ENERGY UTILITY TO ASSESS AND ANALYZE THE COSTS AND BENEFITS OF THE ADOPTION OF ENERGY STORAGE SYSTEMS IN DELAWARE, AND DIRECTING THE DELAWARE SUSTAINABLE ENERGY UTILITY TO CONDUCT A PILOT PROGRAM WITH THE PARTICIPATION AND COOPERATION OF CERTAIN ELECTRIC UTILITIES TO DEVELOP AND DEPLOY PILOT PROJECTS INVOLVING BATTERY STORAGE SYSTEMS IN DELAWARE.

Energy Storage Systems provide benefits to the electric grid, including grid stabilization, managing peak energy demand, and providing backup power during outages. Energy Storage Systems can provide substantial cost savings to residential, commercial, and industrial electricity customers. The construction of Energy Storage Systems will promote economic growth and job creation in Delaware. This resolution directs the Delaware Sustainable Energy Utility (DESEU) to initiate and undertake a study to assess and analyze the costs and benefits of the adoption of Energy Storage Systems, both in front of and behind the meter, by all electric public utilities in Delaware. The resolution also directs the DESEU to conduct a pilot program and provide guidance and a level of funding, to be determined by the DESEU, to support Delmarva Power & Light Company, the Delaware Municipal Electric Corporation, the Delaware Electric Cooperative, and one independent power producer to deploy at least one battery storage pilot project in Delaware to serve their Delaware service territory. The DESEU is to submit a comprehensive report detailing the findings from the battery storage pilot program and the cost-benefit study and analysis of Energy Storage Systems in Delaware on or before June 1, 2026.

Topics ✓ Energy

signed · Delaware · House Jul 16, 2025

HJR 3: DIRECTING ALL ELECTRIC UTILITIES IN DELAWARE TO PARTICIPATE IN AN ANALYSIS OF THE POTENTIAL FOR ADOPTION OF GRID-ENHANCING TECHNOLOGIES, INCLUDING BENEFITS, COST BURDENS AND COST SHIFTING, FEASIBILITY AND BARRIERS TO ADOPTION UNDERTAKEN BY THE DNREC STATE ENERGY OFFICE AND THE DELAWARE SUSTAINABLE ENERGY UTILITY.

Grid-enhancing technologies (GETs) offer efficient tools to increase power grid capacity without the need for new transmission lines. Studies demonstrate that these innovations can double renewable energy integration, create hundreds of thousands of jobs, and significantly expand interzonal transmission capacity. By 2035, GETs and reconductoring could help the U.S. achieve 90% emissions-free electricity. This resolution directs the DNREC State Energy Office (DNREC SEO) and the Delaware Sustainable Energy Utility (DESEU) to conduct a comprehensive cost-benefit analysis of GETs across all electric utilities in Delaware. The study shall assess ratepayer costs, technical feasibility, and implementation plans. DNREC SEO and DESEU are tasked with collaborating with the electric utilities, the Department of Natural Resources and Environmental Control, the Division of the Public Advocate, and other interested stakeholders and must submit a detailed preliminary report of its findings to the Governor and all members of the General Assembly by December 31, 2025, and a final report by July 31, 2026.

Topics ✓ Energy ✓ Environment

Bill results