Rep. Ron Gray

This is the first leg of a Constitutional Amendment to constitutionally authorize 10 days of early in-person voting in Delaware. Additionally, at least 21 in-person early voting places, with 1 being located in each State Senate District, are required. Further, this Constitutional Amendment requires all administrative or procedural laws, rules, policies, or regulations applicable to safeguarding the security of in-person voting that apply to the general election shall be applicable to in-person early voting days.

This Senate Joint Resolution asks the Delaware Department of Natural Resources and Environmental Control to require irrevocable pre-construction decommissioning bonds be posted, developers commit to landfilling decommissioned turbine components in Maryland, and Aircraft Detection Lighting Systems be deployed for any offshore wind project with power transmission lines coming ashore in Delaware’s Coastal Zone as a condition of permit approval. Any permit issued without these terms will be automatically null and void.

This Act creates the Joint Committee on Oversight of Agency Regulations (“Committee”) to engage in review and oversight of regulations adopted by State agencies. Like laws in states such as Colorado and Utah, this Act does all of the following: (1) Requires that all regulations adopted by an agency between each November 1 and October 31 expire at 5:00 p.m. on the following June 30 unless the General Assembly enacts a law to remove the expiration of the regulation. (2) Establishes criteria for the Committee’s review of State agency regulations. (3) Establishes a process for the Committee’s review and oversight of State agency regulations, including the requirement of a staff report, public hearings, and Committee recommendations to the General Assembly. (4) If the Committee recommends a regulation not be allowed to expire, requires the Committee to draft and introduce a bill that removes the expiration of each regulation the Committee recommends not be allowed to expire. (5) The Committee Chair, Vice Chair, and members receive the same additional compensation as the Joint Legislative Oversight and Sunset Committee.

Of the 41 states with a state income tax, 27 states fully exempt military retirement pay from state income taxes and 12 states partially exempt military retirement pay. In 2022, Delaware increased the pension exclusion for military pensioners under 60 to $12,500. This Act phases in, over 3 years, an increased exemption for military pensions from state income taxation, regardless of age, so that in taxable years beginning on or after January 1, 2026, the exemption will be $25,000 for all military pensioners.

This resolution directs all electric utilities in Delaware that offer net metering to solar customers to participate in a cost-benefit study and analysis of net metering in Delaware being undertaken by the Delaware Sustainable Energy Utility to address issues such as cost burdens and cost shifting to non-solar customers.

This Act updates and streamlines the State Nutrient Management Program within the Department of Agriculture. It expands and clarifies information required to be included in the Nutrient Management Plan, including, among other things: (1) Field maps as arial photographs showing field identification boundaries, acres, location of surface waters, irrigation systems, and location of designated sensitive areas with associated nutrient application restrictions or setbacks; (2) Results of approved risk assessment tools for nitrogen, phosphorus, and erosion losses; and (3) Animal information including types, number, average sizes, annual manure generation, and any manure import or export. This Act further clarifies Phosphorus application rules based on Delaware Phosphorus Site Index Scores. It also clarifies that Nitrogen application rates cannot exceed the application rates published by the University of Delaware of the specific crop, unless an adaptive approach is used to adjust in-season nitrogen application rates based on recommendations from a certified consultant or a Commission-approved nitrogen application model. Finally, this Act streamlines the complaint and enforcement procedures for the State Nutrient Management Program by doing the following: (1) Removing jurisdiction from the Justice of the Peace Courts and authorizing the Commission, rather than the Secretary, to impose fines for violations of the Nutrient Management Program; and (2) Authorizing the Commission to create a hearing panel that will be subordinate to the Commission to review and hear complaints and make proposed orders to be reviewed by the Commission for a final decision.

This bill creates a special license plate to help underwrite Youth and Conservation Day for the Delaware Ducks Unlimited youth members known as Greenwings. Greenwings are younger Ducks Unlimited members who participate in the conservation, restoration, and management of wetlands and associated habitats for North American waterfowl. The purpose of this license plate is to raise money to educate our youth in the continued conservation of our habitats to benefit our wildlife and people. This plate is intended for use by individuals of all ages.

This Act creates a new offense of Aggravated Criminal Mischief with enhanced penalties (class D felony) applicable when an individual knowingly damages or tampers with critical utility infrastructure intending to disrupt utility services. In recent years, the U.S. Department of Homeland Security (DHS) and the FBI have issued repeated warnings about domestic terrorists and extremist groups targeting critical utility infrastructure. Bulletins issued through DHS’ National Terrorism Advisory System in 2022 warned of a heightened threat environment based, in part, on “continued calls for violence directed at U.S. critical infrastructure.” Physical and computerized attacks on electric utility equipment have reached a 10-year high in 2022. Recent attacks in Washington and North Carolina have caused substantial outages and damage to the power grids in both states.

This Act amends the Fiscal Year 2023 Bond and Capital Improvements Act to (1) list the allocations of the School Construction Market Pressure Contingency Fund and clarify that funds cannot exceed the CN scope. Further, this Act amends Fiscal Year 2024 Bond and Capital Improvements Act to (2) revise language adjusting Federal Fund reporting dates to align with federal timelines; (3) ensure any alternative yard waste drop-off plan and relocation must provide the same level of service as the existing Polly Drummond Yard Waste site; (4) reallocate Resource, Conservation and Development funding for drainage improvement projects; (5) authorize the cancellation of any notes and forego all amounts owed under the loan agreement between the Diamond State Port Corporation (DSPC) and the Transportation Trust Fund; (6) authorize $400,000 of the Cover Crop Investment to be allocated to the Delaware Nutrient Management Commission for alternative projects; (7) authorize school districts to bond, if needed, the local match to market pressure and clarify that funds cannot exceed the scope of the Certificate of Necessity; (8) authorize the Department of Transportation to use Community Transportation Funds for one-time reimbursements for various projects; (9) reallocate Community Reinvestment Funds to the MOT Senior Center; (10) authorize the Department of Health and Social Services to donate land to the Wilmington Renaissance Corporation; (11) authorize funds to be used for the Carvel State Office Building window replacement project; (12) authorize funding to be used for construction or renovation of the Cleveland White building; (13) donate, sell, or transfer all or part of the property known as “Elbert-Palmer School”; (14) authorize funds for the demolition of the former Elbert-Palmer School and related site work; (15) authorize Caesar Rodney School District’s Certificate of Necessity 2210B to be extended and will now expire on November 15, 2024; (16) authorize Municipal Infrastructure Funds for the Bowers Beach Boatlift to be used for Drainage Improvement; and (17) authorize the transfer of ownership of the state-owned dredge to Summit North Marina LLC.

This Concurrent Resolution honors and recognizes the leadership and achievements of African Americans and urges the celebration of Black History Month.