Rep. Pete Schwartzkopf

There are thousands of casual/seasonal employees, who work for the State of Delaware. These hard-working individuals make up a critical part of the state government workforce and play a significant role in keeping our state running and delivering services to the people of Delaware. Since these individuals are not eligible for the state pension plan, many of them are eager to participate in a retirement savings plan so that they can save, invest, and build wealth for a secure and comfortable retirement. Currently, these individuals are not permitted to participate in the state’s 457(b) plan. This bill allows casual/seasonal employees the opportunity to participate in the 457(b) plan.

This Act requires that doula services be covered by Medicaid in Delaware by January 1, 2024. It follows up on HB 343 from the 151st General Assembly which required the Division of Medicaid and Medical Assistance to submit a plan for implementing this coverage, and draws on that completed report.

This Act requires physicians who are discontinuing business, leaving the State, or terminating a patient-physician relationship for any other reason to notify affected patients at least thirty days prior to the discontinuation of services via first class mail and an electronic message if electronic communication is available. It removes the requirement that physicians ending a patient-physician relationship publish a notice in a newspaper of daily circulation. Notice sent to patients must include information about how the patient may obtain their medical records and information about other physician services in the area that are available to patients who will require continued medical care. This Act further adds that a patient receive notice by electronic message, if available, when a physician dies and has not transferred patient records to another health-care provider. Finally, this Act makes technical changes to create consistency with those sections being amended by SB 74 of the 152nd General Assembly, relating to the transfer of medical records in other health-care professions.

This Act makes a number of revisions to the Law-Enforcement Officer’s Bill of Rights in Title 11 of the Delaware Code. It adds part-time officers to the coverage of the chapter. It distinguishes between formal investigations and informal inquiries, but requires that even informal inquiries must comport with federal and State law, including NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975) and Garrity v. New Jersey, 385 U.S. 493 (1967). This Act requires that a detailed narrative of an internal investigation must be prepared by an investigating agency and publicly posted in any case involving use of force that results in serious physical injury; the discharge of a firearm; a sustained finding of sexual assault or sexual harassment; a sustained finding of dishonesty; or a sustained finding of domestic violence. Further, it requires that an investigation into officer misconduct must be completed, regardless of the employment status of the officer. I.e., even if an officer resigns or retires while an investigation is pending, the department must complete the investigation and report sustained findings of misconduct to the Council on Police Training. The Act also requires a department to provide information to a complainant or victim of officer misconduct sufficient to reasonably address concerns regarding the investigation and its outcome, including the investigative findings, conclusions, and any recommendations for further action. Finally, the Act requires, upon request of a defendant in a criminal or delinquency case, and through the Department of Justice, all existing records relating to sustained findings of misconduct relating to perjury, intentional false statements or false reports, or destruction, falsification, or concealment of evidence by an officer who participated in the investigation or prosecution. It also provides that law-enforcement officers must be required, upon hire, to sign an agreement allowing the hiring agency to provide copies of that officer’s personnel file and disciplinary and investigative records with any other law-enforcement agency that makes an offer or conditional offer of hire to that officer in the future. The CJC will aggregate and post all of the narratives required to be prepared under this chapter on its website, along with an annual report of the following: (1) The number of public complaints and internal complaints relating to police misconduct that the department received each year, broken down by subject matter of the complaint; (2) The number of formal investigations undertaken by the department each year, and the number of complaints resolved without a formal investigation; (3) The number of formal investigations that resulted in a sustained finding of misconduct, an unsubstantiated finding, or any other disposition. Records relating to any incident for which a detailed narrative is required to be prepared and posted must be preserved for at least 25 years. This Substitute differs from the original House Bill No. 205 as follows: 1. It adds sustained findings that a law-enforcement officer engaged in sexual harassment to the required public disclosures. 2. It broadens the requirement for public disclosures relating to sustained findings of dishonesty. 3. It limits the requirement for public disclosures relating to the discharge of a firearm to those instances where the firearm is discharged at a person. 4. It clarifies that the required disclosures apply to chiefs of police and other high ranking officials. 5. It moves all of the disclosures into a single section (§ 9210). 6. It requires, instead of permitting, that the victim or complainant with respect to misconduct must be told of the conclusion of the inquiry. 7. It clarifies that the public detailed narratives required for certain incidents is a prospective requirement, while disclosures in a criminal or delinquency matter pertain to all relevant existing records. 8. It requires additional disclosures to the defendant of investigations into dishonesty-related misconduct that occurred in the course of the investigation of the pending matter; requires law-enforcement agencies to disclose to the Department of Justice such records; and provides if the investigation finds the allegation unsubstantiated it may not be used in any criminal or delinquency proceeding. 9. Reinforces the duty of the State to preserve and disclose records underlying misconduct dealt with in this chapter. 10. Reverts references to the Police Officer Standards and Training Commission to Council on Police Training. 11. Sets a timeline for the preparation and posting of required public disclosures.

This Act establishes targets for annual purchase of electric school buses through fiscal year 2030, and requires the Department of Education to submit an annual implementation report through 2029 as well as a comprehensive report in 2030 detailing future recommendations for electric vehicle purchases and other measures to reduce the carbon and environmental impact of the State’s school transportation fleet.

Electric vehicles (EVs) are becoming more and more popular. Between 2012 and 2016, EV sales grew at an annual rate of 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. This Act is a substitute for Senate Bill No. 103. Like Senate Bill No. 103, this Act 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. Also like Senate Bill No. 103, this Act achieves these goals by doing the following: (1) Requiring that newly constructed single-family and multi-family residential dwellings include certain electric vehicle charging infrastructure. (2) Providing county and municipal government enforcement of the electric vehicle charging infrastructure requirements of this Act. Additionally, like Senate Bill No. 103, this Act expires on the date of publication in the Register of Regulations of a notice by the Secretary of the Department of Natural Resources and Environmental Control that the Regulations for State Energy Conservation Code, Regulation 2101 of Title 7 of the Delaware Administrative Code, which are adopted under § 7602 of Title 16 of the Delaware Code, have been updated to match or exceed the standards adopted by this Act. This Act differs from Senate Bill No. 103 as follows: (1) Removes language from the definition of “electric vehicle capable parking space” for clarity. (2) Clarifies that “multi-family residential dwelling” includes only boarding houses, hotels, and motels with nontransient occupants. (3) Clarifies that this Act applies to the construction of a multi-family residential dwelling for which an application for final site plan approval is submitted on or after January 1, 2025. (4) Clarifies that if the single-family residential dwelling does not have an attached or detached garage, an electric vehicle capable parking space must be provided in the driveway, assigned parking space for the dwelling, or at an unassigned non-street residential parking space constructed as part of the project.

This Act provides clarity on the type of certification and the accepted certifying agencies for increases over the basic salary schedule.

This Act requires new commercial buildings with a foundation footprint of 50,000 square feet or greater to meet certain requirements to ensure that their roof is able to support solar energy infrastructure.

This Act directs the Department of Natural Resources and Environmental Control to work with PJM Interconnection, LLC to study the transmission impacts of offshore wind development, to work with neighboring states on offshore wind transmission, and to study and report back to the Governor and the General Assembly on a process for procuring offshore wind power.

This Bill amends the Delaware Energy Act, Title 29 of the Delaware Code, Chapter 80, Subchapter II, by updating and expanding upon the duties of the State Energy Office (located in the Department of Natural Resources and Environmental Control’s Division of Climate, Coastal and Energy). In Section 1 of the Bill, the General Assembly finds and declares that: (a) Planning for Delaware's energy future is vitally important to Delaware’s economy and all of its citizens; (b) Developments in the energy sector of the economy are proceeding at a fast pace, and devoting state resources to the energy sector will be beneficial; and (c) Transforming the delivery of energy to end users is expected to require new programs, planning, and workforce training. Section 1 of the Bill also declares the intent of the General Assembly to provide for the development and implementation of State energy policy and programs in accordance with the State Energy Plan, the State Climate Action Plan, and other documents developed by the Governor's Energy Advisor Council and adopted by the State Energy Office. Section 2 of the Bill commits the State Energy Office to coordinate and partner with state, local, regional, and federal agencies, energy-related boards and councils, energy utilities, and other stakeholders in carrying out its duties under Subchapter II of Chapter 80. The Bill requires the State Energy Office to develop and update, at least every five years, a comprehensive State Energy Plan and to support the State's Climate Action Plan. Among other things, the Bill also requires the State Energy Office to do the following: (a) Provide technical and administrative support to the Governor’s Energy Advisory Council; (b) Assist the State, energy utilities, and private citizens to secure federal funds made available to states and energy utilities to support emerging energy technologies, energy workforce development, and renewable energy and decarbonization programs; (c) Serve as a liaison between State and federal agencies and energy agencies in other states and regions on energy programs and policy matters; and (d) Monitor and act in a coordinating capacity to promote the planning and buildout of the statewide energy grid to optimize resources, including in coordination the Public Service Commission. The Bill expressly authorizes the State Energy Office, through the Department of Natural Resources and Environmental Control, to intervene in dockets before the Public Service Commission in proceedings arising directly from the matters enumerated Subchapter II, Chapter 80, Title 29 of the Delaware Code. This provision is being added to Title 29, Section 8053 of the Delaware Code, and is not intended to limit or restrict, in any way, the Department’s rights or ability to intervene in any other proceedings of the Public Service Commission. Rather, the provision is intended to emphasize the importance of the Department’s input in Public Service Commission proceedings that arise directly from matters falling within Subchapter II, Chapter 80 of Title 29 of the Delaware Code. This is a Substitute Bill that incorporates a number of proposed changes to Senate Bill No. 7, including those contained in Senate Amendment No. 1 to Senate Bill No. 7, and are summarized as follows: (a) On lines 6 to 10, the addition of a "Whereas clause" stating that State Energy Policy should consider the costs and benefits of energy policy options for all Delawareans, including utility ratepayers, and the health and environmental impacts on existing overburdened and underserved communities; (b) On lines 55 to 59, the addition of language the it is the intent of the General Assembly to provide for the development and implementation of State energy policy and programs in accordance with the State Energy Plan, the Climate Action Plan, and other documents adopted by the State Energy Office as recommended by the Governor’s Energy Advisory Council; (c) On lines 75 to 80, the addition of language about the State Energy Office partnering with local and regional energy agencies, the Delaware Division of the Public Advocate, and the Delaware Department of Transportation in carrying out its duties under the Delaware Energy Act; (d) On lines 82 and 83, the addition of the reference to "energy utilities" as entities that the State Energy Office will assist in securing federal funding for Delaware renewable energy and decarbonization programs; and (e) On lines 123 to 128, the addition of a provision authorizing the State Energy Office, through the Department of Natural Resources and Environmental Control, to intervene in Public Service Commission proceedings involving the Delaware Energy Act.