The Certification of Adoption of Sustainability and Transparency Standards Act (the “Act”) establishes a voluntary disclosure regime to foster dialogue around sustainability and responsibility among participating Delaware business entities and their various stakeholders. Because issues relating to sustainability and responsibility are fact-specific and fact-intensive and may vary greatly depending on, among other things, the size of the entity, the nature of its business and operations, and the industry in which it operates, the Act does not prescribe specific standards, measures of performance or criteria for evaluating performance. Rather, consistent with the enabling approach of Delaware business laws generally, the Act requires the governing body of each entity seeking certification under the Act to adopt principles, guidelines and standards to guide its business activities in a sustainable and responsible manner, as well as metrics for assessing whether it has met its objectives. Although Section 5003D of the Act grants the Secretary of State of the State of Delaware (the “Secretary of State”) the authority and discretion to provide the form of application for certification under the Act, the Act does not contemplate that State officers will make qualitative judgments regarding the standards or metrics that an entity adopts. The Act also does not contemplate or require that State officers determine qualitatively whether an entity has been operated in a sustainable and responsible manner. The Secretary of State's certification is focused on information acknowledged by an authorized representative of the entity regarding its adoption of procedures to operate sustainably and responsibly and its commitment to disclose, at least annually, such procedures. To that end, Section 5003D of the Act requires an entity applying for certification under the Act to make disclosures regarding the sustainability and responsibility standards it has adopted, the metrics it uses to evaluate whether it has met those standards, and its performance in meeting those standards. The Act is entirely voluntary. The decision whether to seek certification is in the sole discretion of each entity. The Act imposes no obligations on any Delaware entities that have not elected certification. (Of course, any person or entity that misrepresents an entity's certified status may be subject to civil or criminal fines or penalties.) The Act does not impose fines or penalties on entities that elect not to seek certification, nor does it impose penalties or fines on entities that, having become certified, fail to satisfy their own performance standards. Moreover, the Act specifies that fiduciary liability shall not be imposed as a result of, among other things, the decision whether or not to seek certification or the failure to meet specific sustainability and responsibility standards.
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This Substitute Act incorporates House Bill No. 222, and also makes the following changes to House Bill No. 222: (1) Creates a new Chapter of Title 10, which permits a family member or a law enforcement officer to obtain a lethal violence protective order. (2) Permits a family member or law enforcement officer to obtain an emergency lethal violence protective order in Justice of the Peace Court if the Court finds probable cause to believe that a respondent poses an immediate and present danger of causing physical injury to self or others by owning, possessing, controlling, purchasing, having access to, or receiving a firearm. The order requires the relinquishment of firearms to law enforcement and may prohibit the individual from residing with others who possess firearms, and grant permission to law enforcement to search for and seize firearms. If an emergency order is issued, the Superior Court must hold a full hearing within 15 days. (3) Makes clear that the Justice of the Peace Court and the Superior Court may, as part of an lethal violence protective order, order an individual not to reside with a individual who owns, possesses, or controls firearms. However, the Courts may not impair or limit the right to keep and bear arms of an individual who is not subject to an order. (4) Permits a respondent to request termination of the order in Superior Court wherein the respondent has the burden of proving by clear and convincing evidence that the respondent does not pose a danger of causing physical injury to self or others by controlling, owning, purchasing, possessing, having access to, or receiving a firearm. (5) Creates sanctions for a person who provides false information in the affidavit or verified pleading in order to obtain a lethal violence protective order. (6) Creates sanctions for a person who violates a lethal violence protective order by adding lethal violence protective order to Section 1271A of Title 11, making a violation of the order Criminal contempt. (7) Changes the effective date of this Act to 6 months after its enactment.
Since 1975, the Delaware Population Consortium has prepared a unified set of statewide population projections each year. These projections are used for a variety of purposes including capital planning, policy analysis, comprehensive planning, and transportation planning. All 3 counties are required by State law to utilize these projections to prepare their required comprehensive plans. However, the Delaware Population Consortium does not exist in State law. This Act formally creates the Delaware Population Consortium, identifies its membership and work products, and requires that all counties, municipalities, school districts, and State agencies use the Consortium’s projections for planning and policy purposes.
Both the Delaware Strategic Fund (Title 29, Chapter 87A, Subchapter II) and the Delaware Technical Innovation Fund (Title 29, Chapter 87A, Subchapter III) provide funding for Delaware businesses, including new businesses in growing technology-related fields. The Delaware Strategic Fund is intended to assist in the development of startup strategies such as seed capital and incubator programs. The Delaware Technical Innovation Fund is intended to promote coordination with Delaware’s institutions of higher education and the private sector to commercialize innovative products and processes developed by small businesses. This act encourages Delaware’s institutions of higher education to assist foreign-born, student entrepreneurs, who are engaged in the development of new businesses and technologies in Delaware, to provide them with assistance in maintaining proper legal status within the United States. Presently, thirteen universities in six states offer Global Entrepreneur in Residence Programs which have been successful in assisting foreign-born, student entrepreneurs in creating new businesses, new jobs, and attracting additional capital investment for their development and expansion. This act will add a provision comparable to those found in Global Entrepreneur Residence Programs within the existing frameworks provided by the Delaware Strategic Fund and the Delaware Technical Innovation Fund. This will encourage the creation and development of new businesses and new technologies in Delaware, without creating a new program with new funding needs.
Unmanned aircraft systems are capable of introducing contraband into detention facilities without undergoing correctional officer inspections. This bill seeks to prohibit the use of unmanned aircraft systems (drones) to introduce contraband into detention facilities. This bill makes it a class F felony to deliver or attempt to deliver contraband by use of a drone.
Senate Bill No. 209, enacted by the 145th General Assembly, extended the Historic Preservation Tax Credit Act through June 2020. This Act extends the Historic Preservation Tax Credit Act through June 2030 and puts the provision regarding the effective date in the statute.
This legislation increases access to Delaware's existing community solar program by expanding geographic eligibility requirements of the program. The legislation also ensures 15% of all community solar facilities provide savings to low-to-moderate income households, and enables community solar facilities to reach 5 megawatts in size, which will maximize solar savings and grow the number of homes that can subscribe to a program.
This Act directs the Board of Directors of the Riverfront Development Corporation to amend the membership and member terms of the Board of Directors contained in Article I, Section 1 of the Corporation's by-laws.
This Act requires each public school district to equip the schools within their respective jurisdictions with an adequate number of panic buttons that may be used to immediately alert local law enforcement authorities of a security threat at a school. Once activated, the required silent alarm system will immediately alert authorities without simultaneously activating an audible alarm within the school building.
This Act permits the Secretary of the Department of Natural Resources and Environmental Control to renew or extend the term of a construction permit under certain circumstances.