Rep. Kerri Harris

Public utilities are regulated monopolies. Practically speaking, a public utility has no competition in its service territory and, therefore, does not face the economic risks that a for-profit, non-utility company must face. By law, a public utility is authorized the opportunity to earn a reasonable rate of return on the costs it incurs in operating its business. Under the current Public Utilities Code, in determining the rates that public utilities may charge customers, the Delaware Public Service Commission must apply the “business judgment rule” standard in deciding which costs may be included in a utility’s rate base. Forty-eight (48) states in the United States apply the “prudence” standard when setting utility rates, not the "business judgement rule" standard that is applied in Delaware. The more costs that are included in rate base, the higher the rates that are charged to utility customers. Under the “business judgment rule” standard, the Public Service Commission may not disallow the inclusion of a cost in rate base, even though the cost was incurred imprudently. For example, a utility may decide to expand the size of its facilities, but overbuilds those facilities at a cost of $3 million, even though a smaller $1 million expansion would be adequate to serve its customers and anticipated future growth. Under the business judgment rule, the Public Service Commission is not able to deny recovery of any part of the cost of the expanded facility and it will be included in rate base. Consequently, customer utility bills have been increasing and could continue to increase significantly. Amending the Public Utility Code so that the “prudence” standard applies, would give the Public Service Commission the ability to deny, in whole or in part, certain expenses and costs, which can lead to less frequent and less impactful rate increases.

This House Substitute No. 1 for House Bill No. 50 creates the Delaware Energy Fund to provide assistance to consumers whose household income is less than 350% of the federal poverty level. Under 2025 federal guidelines, 350% of the federal poverty level for a single person is $54,775 and for a family of four is $112,525. The Delaware Energy Fund will be administered by the SEU and recipients of assistance from the fund will also be required to participate in energy savings and efficiency programs. Only one assistance payment may be made per application. The Act also directs the Department of Natural Resources Environmental Control to transfer 30% of the funds generated by alternative compliance payments and solar alternative compliance payments to the Low Income Home Energy Assistance Program. The Substitute also changes existing code language to require, rather than allow, 5% of CO2 allowance proceeds to be directed to the Low Income Home Energy Assistance Program. The Act sunsets 3 years after its enactment.

This Act seeks to update the fine structure for major commercial polluters. In addition, this Act increases the amount of penalty funds directed to communities near facilities with violations. In summary, this Act imposes higher fines for violations of the following chapters: Chapter 22 of Title 3, relating to nutrient management programs; Chapter 60 of Title 7, relating to environmental control; Chapter 62 of Title 7, relating to oil pollution liability; Chapter 63 of Title 7, relating to hazardous waste management; Chapter 71 of Title 7, relating to noise control and abatement; Chapter 79 of Title 7, relating to chronic violator status; Chapter 91 of Title 7, relating to the Hazardous Substances Cleanup Act; and Chapter 13 of Title 16, relating to stream pollution. In addition, 40 percent, rather than 25 percent, of the civil and administrative funds collected under various environmental regulatory chapters will be appropriated to the Community Environmental Project Fund under § 6042 of Title 7. The Fund will give priority to community environmental projects located within a 2-mile radius of the violation or infraction. This Act adds to the fund 40% of the fines collected for oil pollution and noise control and abatement violations, under Chapter 62 and Chapter 71 of Title 7. This Act further allows DNREC to appeal a decision by the Environmental Appeals Board relating to chronic violator status.

Currently, the Department of Correction (“Department”) biennially reviews individuals sentenced to more than 1 year of incarceration to determine if there is good cause to recommend a sentence modification to the Board of Parole for an individual who is not a substantial risk to the community or the individual’s self. Good cause includes the individual’s rehabilitation, serious medical illness or infirmity, and prison overcrowding. While any individual is eligible for consideration due to a serious medical illness or infirmity, only those who have served at least ½ of their sentence for a violent felony or all of the statutorily mandated term of incarceration are eligible for consideration for rehabilitation, prison overcrowding, or another reason. If the Department recommends an individual for sentence modification, the Board of Parole considers the application and, if the Board approves, the sentencing court then makes a final determination on the sentence modification. This Act, which is named in honor of Richard “Mouse” Smith, a Delaware civil rights leader, who spent decades advocating on issues addressed by this Act, is a substitute for Senate Bill No. 10. Like Senate Bill No. 10, this Act revises the process for sentence modification in 3 ways. First, this Act removes the Board of Parole from the sentence modification process and provides that applications for sentence modification are made directly to the sentencing court. Second, this Act provides that an individual who is sentenced to incarceration for more than 1 year may seek a sentence modification in 3 circumstances: (1) The application for a sentence modification is based solely on the person’s serious medical illness or infirmity. (2) The person is 60 years of age or older, has served at least 15 years of the originally imposed Level V sentence, and the application for sentence modification is based solely on the person’s rehabilitation. (3) The person has served at least 25 years of the originally imposed Level V sentence and the application for sentence modification is based solely on the person’s rehabilitation. Third, this Act provides that an individual who is sentenced to incarceration for more than 1 year and whose sentence is reviewed by the Department, but who the Department does not recommend for sentence modification, may directly apply to the court for a sentence modification. Like Senate Bill No. 10, this Act also makes clear that the Department and sentencing court must consider if a sentence modification resulting in the release of an individual who is incarcerated would constitute a substantial risk to a victim of, or witness to, an offense that is the subject of the sentence modification and that the sentencing court must provide an opportunity for the victim and the Department of Justice to be heard. This Act differs from Senate Bill No. 10 as follows: (1) Providing that a person is not eligible for a sentence modification under this Act if the person is serving a statutorily mandated term of incarceration at Level V for a conviction of any offense under this title and has not yet served all of the statutorily mandated portion of the Level V sentence. Senate Bill No. 10 provided the person was not eligible until the person had served ½ of the statutorily mandated portion of the Level V sentence. (2) Making clear that the person’s attorney may file the sentence modification for the person. (3) Making clear that an application for a sentence modification may be filed by those who have served the period of incarceration provided under paragraph (a)(5) and have good cause. (4) Requiring the Department, on completion of the Department’s eligibility review under paragraph (d)(1), to provide the person with information regarding the person’s right to counsel. (5) Providing that the person may retain a private attorney at the person's own expense or request the court refer the person to the Office of Defense Services, and that the person may proceed without an attorney only as provided under court rules. (6) Requiring the Department to biennially conduct the eligibility review required under paragraph (d)(1). Senate Bill No. 10 would have required the Department to make these determinations annually. (7) Requiring the Department to provide to the court, with an application for sentence modification the Department files, a written statement of the satisfied requirements under this Act that form the Department’s basis for recommending the sentence modification. (8) Requiring the Department to provide to the person, the person’s attorney of record, or the Office of Defense Services a written statement of the Department’s reasons for not recommending a sentence modification, including the unsatisfied requirements of this Act that form the Department’s basis for not recommending the sentence modification. (9) Authorizing the court to summarily dismiss an application that does not include the statements from the Department required by this Act, except for an application based solely on the person’s serious medical illness or infirmity. (10) Authorizing the court to summarily dismiss an application if the court determines summary dismissal is warranted. (11) Giving the court discretion to determine how long a person whose application for sentence modification is denied because the court determines the person constitutes a substantial risk to the community or the person’s application lacks good cause. This Act provides the period set by the court may not exceed 3 years. (12) Making clear that if the court denies an application for sentence modification based on a person’s serious medical illness or infirmity, the person may submit a subsequent application if at least 60 days have passed since the date of the court’s denial and if the application demonstrates a material change in the person’s circumstances.

In December 2024, the Code Revisors provided the General Assembly with a list of potential technical corrections that they identified as they revised the Delaware Code to reflect legislation that was enacted by the 152nd General Assembly in 2024 or as they reviewed titles of the Code. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. This Act also includes technical corrections identified outside of the list provided by the Code Revisors. This Act requires a greater than majority vote for passage to err on the side of caution because some of the sections of the Delaware Code being revised may require a super-majority vote under the Delaware Constitution. This Act also makes also makes basic technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Section 1. This section corrects errors in § 1202 of Title 3 from Senate Bill No. 191 from the 135th General Assembly by renumbering the defined terms to appear in correct alphabetical order and by making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual style. Sections 2 through 12. These sections correct errors throughout Chapter 13 of Title 3 as enacted in Senate Bill No. 307 from the 138th General Assembly, and later amended, by making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual style. Section 13. This section corrects grouping and phrasing errors in § 2103(b) of Title 6 from Senate Bill No. 296 of the 152nd General Assembly. Section 14. This section inserts use of the Oxford comma and the word “or” in § 4504(b)(1) of Title 6 as both had been missing in Senate Bill No. 315 of the 138th General Assembly and in order to adhere to Delaware Legislative Drafting Manual style. Section 15. This section inserts use of the Oxford comma in § 1405(b) of Title 9 to correct errors in House Bill No. 55 from the 143rd General Assembly in order to adhere to Delaware Legislative Drafting Manual style. Section 16. This section removes a reference to medical malpractice review panels in § 566(b) of Title 10, as those panels were discontinued by Senate Bill No. 208 of the 152nd General Assembly. Sections 17 and 18. These sections correct errors by removing the stray phrase “or projectile weapon” in the future contingent versions of §§ 2105(b)(3) and 2107(c) of Title 11. These errors were created when House Bill No. 357 of the 152nd General Assembly did not take into account changes contained in Senate Bill No. 12 of the 152nd General Assembly. Section 19. This section corrects an error in § 1716E(h) of Title 14, from House Bill No. 100 of the 151st General Assembly, by inserting utilization of the Oxford comma. Section 20. This section substitutes “subsection” for and erroneous reference to “paragraph” in § 3001(e)(4) of Title 14 as inserted by Senate Bill No. 305 of the 152nd General Assembly. Section 21. This section removes an unnecessary “et seq.” following a finite reference to “the federal Improving Head Start for School Readiness Act of 2007 (P.L. 110-134)” in § 3004 of Title 14 as inserted by Senate Bill No. 305 of the 152nd General Assembly. Sections 22 through 24. These sections complete the substitution of “perinatal” for “maternal” throughout Chapter 8D of Title 16, begun in Senate Substitute No. 1 of Senate Bill No. 106 of the 152nd General Assembly, in order to remove gender-specific language as directed by § 211(c)(1) of Title 1 and the Delaware Legislative Drafting Manual style. Sections 25 and 26. These sections substitute the indefinite “et seq.” for “through 1396w-7” in § 1304(b) and (c)(1) and § 1045(d)(2)f. and (e)(1) of Title 16 in order to acknowledge the need to comply with all of Title XIX of the federal Social Security Act which has grown since enactment of Senate Substitute No. 1 for Senate Bill No. 13 of the 152nd General Assembly which had created the more finite reference to what was then the final section of the title. Section 27. This section properly substitutes penalty amounts in § 1109(e) of Title 16 which had been improperly substituted by Senate Bill No. 216 of the 152nd General Assembly without appropriate striking of present language and underlining of new insertions. Section 28. This section corrects an error in § 2503B(c) of Title 16, from Senate Bill No. 309 from the 152nd General Assembly, by substituting “or” for “and” to make it clear that any of among a health-care institution, health-care professional, or certified peer recovery specialist may assist an individual with creating an advance mental health-care directive. Section 29. This section corrects an error in § 2704 of Title 16 created by House Bill No. 134 of the 152nd General Assembly having previously changed language included in House Substitute No. 1 for House Bill 162 of the 152nd General Assembly by enacting the intent of the latter bill, giving county medical examiner offices authority previously given to the Division of Forensic Science. Section 30 through 34. These sections correct stylistic errors in Chapter 102 of Title 16, from House Bill No. 57 of the 144th General Assembly, by conforming all “2-1-1 Helpline” references to accepted style without hyphenation as approved by the Federal Communications Commission and by making adjustments in line with proper Delaware Legislative Drafting Manual style. Section 35. This section corrects an error in § 2379(g) of Title 19 by properly striking “an” which was removed without appropriate striking in Senate Bill No. 306 of the 152nd General Assembly. Section 36. This section properly enacts the specific intent of Senate Bill No. 206 of the 152nd General Assembly by substituting “cold weather operations” for “winter weather operations” in § 4356A(b)(3) of Title 21. Section 37. This section corrects an error in § 4402(d) of Title 21, created by House Bill No. 352 of the 152nd General Assembly, by properly inserting “county code enforcement or municipal police” using appropriate underlining of the new insertion. Section 38. This section corrects an error in the introductory paragraph of § 5302 of Title 24, from House Bill No. 386 of the 152nd General Assembly, by making clear that the defined terms in the section apply to all of Chapter 53 of Title 24 and not just to § 5302 of that title. Section 39. This section corrects errors in § 363(b) of Title 26 by deleting words which were removed by Senate Bill No. 265 of the 152nd General without appropriate striking of the present language. Section 40. This section corrects errors in § 108(b)(2) of Title 29, created by House Substitute No. 1 of House Bill No. 356 of the 152nd General Assembly, by adjusting paragraph designations and an internal reference as directed by the Delaware Legislative Drafting Manual. Section 41. This section corrects an error in § 1132 of Title 29, first appearing in House Bill No. 209 of the 137th General Assembly, by inserting an introductory paragraph to this defined terms statute as directed by the Delaware Legislative Drafting Manual. Section 42. This section corrects an error in § 2909(b)(3) of Title 29, from Senate Bill No. 287 of the 152nd General Assembly, by substituting “or” for “and” with regard to documentation of illegal or unbusinesslike practices included in State Auditor reports. Section 43. This section corrects errors in § 6981(l) of Title 29, from House Bill No. 428 of the 152nd General Assembly, by adjusting language of list inclusion as directed by the Delaware Legislative Drafting Manual. Section 44. This section makes grammar and capitalization corrections throughout § 8011 of Title 29, from House Bill No. 439 of the 151st General Assembly, as directed by the Delaware Legislative Drafting Manual. Section 45. This section corrects an error in § 8723(g) of Title 29, from House Bill No. 437 of the 152nd General Assembly, by making clear that the Delaware Commission of Veterans’ Affairs Executive Director’s designee may act in the Executive Director’s stead in performance of certain duties. Sections 46 and 47. These sections make grammar and capitalization corrections throughout the present and future versions of § 8905 of Title 29, from House Bill No. 439 of the 151st General Assembly, as directed by the Delaware Legislative Drafting Manual. Sections 48 and 49. These sections correct errors in §§ 573(d) and 574(b) of Title 30, from House Bill No. 324 of the 152nd General Assembly, by making clear that the statutes do not apply if a person is required to pay a tax under any of § 3002 of Title 30 or Chapter 51 or 52 of Title 30, rather than under all of those provisions. Section 50. This section corrects errors in § 4071 of Title 31, from Senate Substitute No. 1 for Senate Bill 22 of the 152nd General Assembly, by inserting an introductory paragraph to this defined terms statute and redesignating the terms as directed by the Delaware Legislative Drafting Manual. Sections 51 through 56. These sections correct errors in the Charter of the Town of Newport from Senate Bill No. 298 of the 152nd General Assembly by implementing changes which had been included without proper underlining of insertions and striking of deletions and by making technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual style.

This Concurrent Resolution directs the State Farmland Advisory Evaluation Commission to complete a study on how other states assess property and structures devoted to agricultural, horticulture, and forest use and report its findings and recommendations by March 2, 2026.

Maddy summaryThis House Concurrent Resolution (HCR 74) creates a temporary Housing Department Task Force. The task force will examine housing-related issues within the department, though the resolution does not specify its exact composition, timeline, or duties. As a procedural resolution, it does not enact new laws or directly affect residents or housing policies; it simply establishes a group to study departmental matters. The resolution itself is the only concrete action taken.

This Act requires the permitting of an electric substation as an allowed conditional use in a heavy industrial zone under certain conditions set forth in the Act, including that the electrical substation is being constructed to support the operation of a proposed renewable energy generation project of 250 MW or greater. This Act is being given retroactive effect such that, if a county has previously denied an application for an electrical substation that would meet the requirements of this Act, then the application shall be deemed granted provided that the electrical substation meets the requirements of this Act.

This Act is the first leg of a constitutional amendment to prohibit the imposition of the death penalty. 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 Substitute for House Bill No. 35 makes technical corrections and omits the changes to § 12 of Article I to avoid confusion as there is a different currently pending amendment to that section.

This Act amends Chapter 44 of Volume 85 of the Laws of Delaware, formerly Senate Bill No. 159, as amended by Senate Amendment No. 1 and House Amendment No. 1, of the 153rd General Assembly, to delay the effective date of Chapter 44 of Volume 85 of the Laws of Delaware until January 31, 2026, and to repeal the sunset clause in Section of Chapter 44 of Volume 85 of the Laws of Delaware. This Act is retroactive to the enactment of Chapter 44 of Volume 85 of the Laws of Delaware. This Act does not affect or limit the retroactive effect of Section 2 of Chapter 44 of Volume 85 of the Laws of Delaware.