Rep. Bill Carson

This Act prohibits the sale of class B firefighting foam that contains intentionally added PFAS chemicals starting January 1, 2028. An exception is provided for a bulk petroleum facility, provided that the bulk petroleum facility applies to DNREC for a 5-year exemption. The exemption period may be extended for additional 2-year periods, up to a total of 13 years. If an exempt bulk petroleum facility uses foam containing PFAS chemicals, they must notify DNREC. Under this Act, a manufacturer must notify its customers in the State regarding the prohibition of firefighting foam containing PFAS chemicals by January 1, 2027. By March 1, 2028, the manufacturer must recall or reimburse purchasers, unless the purchaser is exempt as a bulk petroleum facility. The recall must include the safe transport and storage of PFAS-containing firefighting foam until the Department identifies a safe disposal technology. A manufacturer in violation of this Act is subject to a $5,000 civil penalty for a first offense and a $10,000 for a second, or subsequent offense. Finally, this Act requires that firefighting personal protective equipment (PPE) that contains PFAS chemicals be sold with a written notice that states that the PPE contains PFAS chemicals. The manufacturer or seller of the PPE must retain the written notice on file for at least 3 years from the date of transaction. Failure to provide written notice of PFAS chemicals in PPE will subject the manufacturer or seller to a civil penalty of $100 per occurrence. House Substitute 1 to HB 356 differs from HB 356 in the following ways: (1) It replaces the term “terminal” with the broader term “bulk petroleum facility” which clarifies those facilities that may apply for an exemption under this Act. (2) Clarifies the definition of PFAS or polyfluoroalkyl substances. (3) Extends the exemption period for bulk petroleum facilities from 1 to 5 years. (4) Provides additional 2-year extensions to the 5-year exemption period, so long as the total exemption period does not exceed 13 years. (5) Permits a bulk petroleum facility to use PFAS-containing firefighting foam to aid another facility. (6) Removes the requirement that DNREC assist state agencies and local governments in identifying and obtaining class B firefighting foam that does not contain PFAS chemicals.

This Act removes the requirement that the counties each establish a Farmland Preservation Advisory Board. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act is a substitute for Senate Bill No. 212. Like Senate Bill No. 212, this Act is the first leg of a constitutional amendment to establish the right to hunt, fish, and trap wildlife in Delaware. Twenty-four other states have preserved the right to hunt, fish, and trap wildlife. This Act is modeled after the constitutional provisions of Idaho, Indiana, Kentucky, Louisiana, Minnesota, Tennessee, Virginia, and Vermont. This Act specifically acknowledges Delaware’s valued, natural heritage of hunting, fishing, and trapping, and declares hunting, fishing, and trapping as the preferred methods of managing and controlling wildlife in this State. This Act declares that it may not be applied to do any of the following: (1) Limit the application of a law relating to trespass or property rights. (2) Affect rights to divert, appropriate, or use water, or to establish a minimum amount of water in any water body. (3) Lead to a diminution or abrogation of a public or private right or of the State’s power to regulate commercial activities. (4) Prevent the suspension or revocation, under a law enacted by the General Assembly, of an individual’s hunting, fishing, or trapping license. (5) Alter a burden of proof requirement otherwise established by law for a challenge to a law or regulation pertaining to hunting, fishing, or trapping the wildlife of this State. This Act differs from Senate Bill No. 212 by doing the following: (1) Removing language related to the use of "traditional methods" of hunting, fishing, or trapping. (2) Providing clarity that after passage of this Act the General Assembly, and any state agency or local government authorized by the General Assembly, may continue to establish hunting, fishing, or trapping requirements based on the best available science and wildlife management practices, including requirements for humane methods of take or requirements for licenses or permits, bag limits, or other practices for managing wildlife. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution

This Act is a substitute for HB 200 and differs from HB 200 by requiring health insurance coverage only for pre-exposure prophylaxis (“PrEP”) medication and post-exposure prophylaxis (“PEP”) medication. This Act also makes technical corrections including updating section numbers and updating the applicability date so insurance companies can file rates that include the cost of the coverage required under this Act. This Act requires individual health insurance plans, group and blanket health insurance plans, the state employee health plan, and state Medicaid insurance to cover medically necessary PrEP medication for the prevention of human immunodeficiency virus (“HIV”) infection before possible HIV exposure and medically necessary PEP medication for the prevention of HIV infection after possible HIV exposure. The coverage must include must be provided without any of the following: 1. Cost-sharing requirements, including deductibles, coinsurance, copayments, and out-of-pocket expenses. 2. Prior authorization or step therapy requirements. 3. Unreasonable delay in coverage determination. This Act applies to all policies, contracts, or certificates that are renewed, modified, altered, amended, or reissued after December 31, 2027.

This Act expands the use of green lights to include vehicles and equipment used for road construction and maintenance activities. Other states have already expanded their laws to allow green lights on these types of vehicles and equipment in addition to snow plows. This Act removes potential confusion over whether those lights may be operated in Delaware.

Currently, if a licensed Delaware attorney pays off a mortgage in conjunction with a real-estate settlement and the lender fails to file a satisfaction piece within 60 days, the attorney may administratively satisfy that mortgage to clear the title record. Unfortunately, often other types of liens that are paid off remain unsatisfied and cloud title for the homeowner. This Act clarifies that a licensed Delaware attorney may also file an administrative satisfaction or partial release for any other type of lien that the Delaware attorney paid off.

Net crediting is the preferred utility consolidated billing methodology for Delmarva Power and Light as it has already been successfully implemented in Atlantic City Electric, Pepco Maryland, and Delmarva Maryland jurisdictions. Net crediting delivers a simpler, more transparent experience for both subscribers and subscription coordinators by netting subscription charges from monthly credits on behalf of the subscribers, who receive the net credit. Then, the utility aggregates those subscription charges on behalf of the subscription coordinators, who receive a payment from Delmarva. Net crediting marries the concept of world class customer experience with market scalability, while also being the lowest risk option for Delmarva's customers.

This Act makes several changes to the Delaware Code relating to the Department of Finance (“Department”). Specifically: (1) Section 1 of this Act increases public transparency and clarifies that any officer or employee of the Department, or employee of this State who has access to tax returns or information from tax returns, may disclose information that appeared on the face of an expired license previously required to be displayed under § 2109 of Title 30. (2) Sections 2 and 3 of this Act define a trust fund tax, lists current trust fund tax types, and updates Title 30 to align all assessment and collection timelines for trust fund tax types. (3) Section 4 of this Act simplifies that the requirements that allow the Department’s Division of Revenue to take an extended lookback by removing repealed taxes and clarifying that exceptional underreporting measures are applied only against the tax liability and not other tax calculation elements. (4) Section 5 of this Act updates Title 30 regarding the notice of finality as it relates to trust fund taxes. (5) Section 6 of this Act modifies the filing due date for all 1099 forms to January 31 following the close of the taxpayer’s taxable year. (6) Section 7 of this Act clarifies the definition of “transfer.” (7) Sections 8, 9, and 10 of this Act make retroactive technical changes to the trade name registration process under Title 6.

This Act increases the voting membership of the State Farmland Advisory Committee from 3 members to 7 members. The Act also adds 3 non-voting members to the Committee who are officials with the Assessment Divisions/Departments of New Castle, Kent, and Sussex Counties. The Delaware State Department of Finance shall provide reasonable staff support to assist the Committee in performing its duties. The Committee shall, at least once every 2 years, review its valuation formula and methodology utilized to determine the ranges of fair values for agricultural, horticultural, and forestry land and make such changes and revisions as are required to ensure that the objectives of the Act are met. The formula used by the Committee shall be based on not less than the preceding 20 years of land values. The Committee must publish an annual report containing its determinations and any review of its farmland valuation formula and methodology.

This Act continues the practice of amending periodically the Delaware Statutory Trust Act (the “Statutory Trust Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of proposed amendments to the Statutory Trust Act: Section 1 adds a new § 3802(d) to the Statutory Trust Act to clarify that a subscription for a beneficial interest may be irrevocable if the subscription states it is irrevocable to the extent provided by the terms of the subscription. Section 2 amends § 3803(c) of the Statutory Trust Act to provide that advisers, as defined in § 3313 of Title 12 of the Delaware Code, shall receive the same liability protections as officers, employees, managers and other persons acting pursuant to § 3806(b)(7) or § 3806(i) of the Statutory Trust Act. Section 3 amends § 3805 of the Statutory Trust Act to include the word “statutory” before the word “trust” in the heading. Section 4 amends § 3806(b) of the Statutory Trust Act, which relates to the provisions that may be included in a governing instrument, to clarify that the limitation on those provisions is that they cannot be contrary to any provision or requirement of the Statutory Trust Act and not just to Subchapter I thereof. Section 4 also amends § 3806(b)(9) of the Statutory Trust Act to confirm that a governing instrument may be amended in connection with a division of a statutory trust as specifically contemplated by § 3825(f) of the Statutory Trust Act. Section 5 amends § 3806(o) of the Statutory Trust Act to provide that § 3806(o) applies to ratification or waiver of a void or voidable act or transaction by any trustee, beneficial owner or other person in respect of a statutory trust, in addition to acts or transactions by a statutory trust. This Section also amends § 3806(o) to provide that ratification or waiver pursuant to § 3806(o) may be express or implied, including by the statements, action, inaction, or acquiescence of or by trustees, beneficial owners or other persons. Further, this Section amends § 3806(o) to clarify that in a circumstance in which § 3806(o) requires notice of the ratification or waiver to be given, the giving of the notice is not a condition to the effectiveness of the ratification or waiver. The amendments to § 3806(o) in this Section are intended to provide rules different from the rules applied in existing case law that § 18-106(e) of the Delaware Limited Liability Company Act, which is the same in all material respects as § 3806(o), is limited to ratification or waiver of a limited liability company’s own acts and transactions and that § 18-106(e) of the Delaware Limited Liability Company Act does not apply to ratification or waiver by conduct. Section 6 amends § 3807 of the Statutory Trust Act, which addresses certain duties of a registered agent of a statutory trust. Amended § 3807 specifies that a registered agent may not perform its duties or functions solely through the use of a virtual office, the retention by the agent of a mail forwarding service, or both. Amended § 3807 defines “virtual office” as the performance of duties or functions solely through the internet or solely through other means of remote communication. Section 7 amends § 3808(c) of the Statutory Trust Act to confirm and clarify certain of the mechanisms for revoking dissolution of a statutory trust. Specifically, this Section amends § 3808(c) to confirm and clarify that the references to “other persons” in § 3808(c)(1) and (2) are references to other persons whose approval is required for such dissolution of the statutory trust pursuant to the governing instrument. Section 8 amends § 3808(f) of the Statutory Trust Act. Currently, § 3808(c) of the Statutory Trust Act permits revocation of dissolution of a statutory trust prior to the filing of a certificate of cancellation of the certificate of trust in the office of the Secretary of State; however, the Statutory Trust Act does not currently address revocation of dissolution of a series prior to the completion of the winding up of the series. This amendment adds new language to permit revocation of dissolution of a series prior to the completion of the winding up of the series. Section 9 amends § 3809 of the Statutory Trust Act, which relates to the application of Delaware trust law, to clarify that those laws are applicable to statutory trusts except to the extent otherwise provided in the governing instrument of a statutory trust or to the extent otherwise provided in the Statutory Trust Act and not just in Subchapter I thereof. Section 10 amends § 3810(d) and (e) of the Statutory Trust Act, which provides for the correction of certificates filed with the Secretary of State. The amendment confirms that, in addition to correcting a previously filed certificate, a certificate of correction may nullify a previously filed certificate by specifying the inaccuracy or defect with respect to such previously filed certificate and providing that the previously filed certificate is nullified. Such a provision is sufficient if it states that the previously filed certificate is nullified or void or uses words of similar meaning. Section 10 also amends § 3810 of the Statutory Trust Act to include the word “statutory” before the word “trust” in §3810(d) and to clarify that § 3810 applies to the Statutory Trust Act and not just to Subchapter I thereof. Section 11 and Section 12 amend § 3812 of the Statutory Trust Act, which relates to filing of certificates, to clarify that § 3812 applies to the Statutory Trust Act and not just to Subchapter I thereof. Section 13 amends § 3813(a)(3) of the Statutory Trust Act, which relates to the payment of certain fees, to clarify that § 3813(a)(3) applies to the Statutory Trust Act and not just to Subchapter I thereof. Section 14 amends § 3815(b)(4) of the Statutory Trust Act to permit a certificate of merger to state any amendments to the certificate of trust of a surviving domestic statutory trust in a merger as are desired to be effected by the merger. This Section also amends § 3815(b)(5) of the Statutory Trust Act to provide that a certificate of trust must be attached to a certificate of consolidation for a consolidation in which the resulting entity from such consolidation is a domestic statutory trust. Section 15 amends § 3825(h) of the Statutory Trust Act. Currently, among other requirements, a certificate of division must state the name and business address of the division contact and the name and address of the division trust where the plan of division is on file. Because this information may change over time, this amendment permits or requires the filing of a certificate of amendment of certificate of division to amend the name or business address of the division contact or the name and address of the division trust where the plan of division is on file. The requirement to update such information in a certificate of division ends after the expiration of a period of 6 years following the effective date of the division. Section 16 amends § 3825(l)(1) of the Statutory Trust Act to clarify that pursuant to a division, a dividing trust is divided into distinct and independent division trusts as such term is used in the Statutory Trust Act. Section 16 also amends § 3825(l)(9) of the Statutory Trust Act. Currently, under § 3825 of the Statutory Trust Act, a dividing trust does not need to survive a division. This amendment confirms that a dividing trust need not be a surviving trust. Section 17 amends § 3852(a)(1)e. of the Statutory Trust Act to include the words “foreign statutory” before the word “trust”. Section 18 amends § 3881(c) of the Statutory Trust Act to confirm that the definition of “associate” of a person includes any investment fund or other collective investment vehicle or separate account managed or advised by the person specified. Section 19 amends § 3881(d)(1) of the Statutory Trust Act to reflect that beneficial interests are not control beneficial interests until after a control beneficial interest acquisition. This Section also amends §3881(d)(2) of the Statutory Trust Act to replace the words “target shares” with the words “beneficial interests” and to replace the words “target party” with the words “statutory trust which is not the surviving or resulting person”. Section 20 amends § 3881(e)(2) of the Statutory Trust Act to clarify that reductions in the outstanding beneficial interests of a statutory trust for any reason can cause beneficial interests that previously were not control beneficial interests to become control beneficial interests. This Section also amends § 3881(e)(2) of the Statutory Trust Act to confirm that, except as provided in § 3881(e)(2)a. and §3881(e)(2)b. of the Statutory Trust Act, beneficial interests in the range of voting power below ten percent of all voting power are not control beneficial interests. Section 21 amends § 3881(f) of the Statutory Trust Act to delete redundant language. Section 22 amends § 3882 of the Statutory Trust Act to clarify that approvals and exemptions, unless otherwise explicitly provided, cover all of the beneficial interests acquired at any time within the range of voting power to which such approval or exemption applies. This amendment also removes the requirement that beneficial interests acquired within 90 days or acquired in a series of related transactions be considered acquired in the same acquisition. Section 23 amends § 3883(b) of the Statutory Trust Act to confirm that approvals and exemptions of beneficial interests from Subchapter III of the Statutory Trust Act can occur before, at the time of, or after the acquisition of such beneficial interests. Section 24 amends § 3888 of the Statutory Trust Act to expand the categories of information that a holder of beneficial interests or an associate of such a holder must disclose to the trustees in connection with determinations by the trustees relating to control beneficial interests and control beneficial interest acquisitions and authorizes the trustees to adopt procedures that the trustees reasonably believe are necessary or desirable to determine whether and how many control beneficial interests will be or have been voted in violation of Subchapter III of the Statutory Trust Act. Section 25 provides that the proposed amendments to the Statutory Trust Act take effect on August 1, 2026.