Rep. Andria L. Bennett

This bill is intended to advance sustainable energy goals and initiatives in Delaware and to restore Delaware as a leader in renewable, sustainable energy. First, this Act builds on the Renewable Energy Portfolio Standards Act, which was first enacted into law in 2005, by setting new standards for the minimum percentage of electric energy sales from eligible energy resources and solar photovoltaics. Second, this bill contains the “Community Sustainable Energy Authorities Act,” which authorizes incorporated municipalities, towns, and counties and the Delaware Sustainable Energy Utility to create authorities to develop, promote, and operate community sustainable energy projects.

This Act repeals a provision in the State Employees’ Pension Plan that included participants in the Division for the Visually Impaired’s (“DVI”) Business Enterprise Program (“BEP”) in the State pension plan. BEP participants are meant to be independent blind entrepreneurs operating their own vending facilities in federal and state properties, as authorized by the Randolph-Sheppard Act (20 U.S.C. § 107 et seq.). DVI recruits, trains, licenses, and places individuals who are blind as BEP vending facility operators on state or federal properties. Participation in BEP is under permit or contract. Participants are not State employees; including them in the State Pension Plan or payroll system does not comply with the Randolph-Sheppard Act. This Act is a result of the Joint Legislative Oversight and Sunset Committee's 2019 review of and task force on the Division for the Visually Impaired. The Rehabilitation Services Administration, the federal agency that monitors BEP, recommended removing blind vendors from all state pension and payroll systems. Once enacted, this Act takes effect as of January 1, 2020. DVI removed BEP vendors from the State’s payroll system as of January 1, 2020. New applications for BEP are not pending as of the date this legislation is released.

Over 80% of pharmaceuticals in the United States are purchased through pharmacy benefits manager (“PBM”) networks. PBMs serve as intermediaries between health plans, pharmaceutical manufacturers and pharmacies, and PBMs establish networks for consumers to receive reimbursement for drugs. Given the scope of PBMs in the healthcare delivery system, this Act is designed to provide enhanced oversight and transparency as it relates to PBMs. Specifically, this Act does the following: (1) If a PBM denies an appeal for a reimbursement subject to maximum allowable cost pricing, requires the PBM to provide the national drug code number of wholesalers in Delaware that have the drug in stock below maximum allowable cost. (2) Authorizes a pharmacist or pharmacy to decline to dispense a prescription drug or provide a pharmacy service to an insured if the amount reimbursed by a PBM is less than the pharmacy acquisition cost. If a pharmacist declines to provide a drug or service, the pharmacist must inform the insured that the pharmacist did this because of the costs of providing the drug or service and provide the insured with a list of pharmacies in the area that may provide the drug or service. (3) Requires PBMs to provide a reasonably adequate and accessible pharmacy benefits manager network. (4) Increases transparency by requiring PBMs to provide reports to the Insurance Commissioner on network adequacy and the amount of rebates received by PBMs and distributed to insurers or insured. (5) Prohibits PBMs from engaging in certain conduct, such as spread pricing, false advertising, and reimbursing a pharmacist or pharmacy in an amount less than the PBM reimburses itself or an affiliate for the same drug or service. If a PBM engages in prohibited conduct, the Insurance Commissioner is authorized to deny, suspend, or revoke the PBM’s registration under § 3355A of Title 18 or impose penalties or take other enforcement action under § 3359A of Title 18. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This bill creates a pilot program for the Red Clay School District to utilize external camera systems on their school buses to catch motorists that illegally pass school buses and to punish these motorists by issuing them a civil penalty. The purpose of this bill is to protect children as they are in the process of boarding and exiting the school bus and to spread awareness of school bus traffic safety. At least 16 states have implemented similar legislation, including Pennsylvania in 2018. As Red Clay School District already has these cameras in operation, this program grants the authority to begin issuing violations to motorist that illegally pass school buses in their district.

This Act prohibits multiple service charges for residential trash collection service. However, under this Act, specific charges are allowed for the following: 1. Late or nonpayment of an amount due. 2. Replacement of a container. 3. Collecting waste that cannot be collected using the container. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act classifies pesticides containing a neonicotinoid as a restricted use pesticide and prohibits the use of a pesticide containing a neonicotinoid on land owned or maintained by the State. Neonicotinoids have been linked to impaired memory, movement, and death in bees, which are critical to crop production.

This Act revises the appointment process for members of the Common Interest Community Advisory Council who are from the Real Property Section of the Delaware State Bar Association. Under this Act, these members are appointed by a government official to comply with the requirements of the Delaware Constitution. This Act applies only to members who are appointed after the effective date of this Act, and does not invalidate any appointments made before the effective date of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This bill requires that any general salary increase or one-time adjustments payable to public school employees likewise be payable to charter school employees. The bill also makes section 504A, Title 14 of the Delaware Code consistent with the Legislative Drafting Manual.

This Act enables Kent County to establish regulations regarding property maintenance and penalties for violations of said regulations.

This Act reconciles discrepancies between § 8705 of Title 9 of the Delaware Code and § 2903 of Title 25 of the Delaware Code, clarifying that all taxes assessed against real estate by Kent or Sussex Counties are governed by § 8705 of Title 9 and that the date on which Sussex County considers a tax delinquent is July 1. The Act also clarifies that the duration of a lien for municipal taxes for a municipalities in Kent and Sussex Counties is 10 years unless a period greater than 10 years is provided for in the municipality’s charter.