Sen. Dave Wilson

This Concurrent Resolution recognizes March 5, 2024, as Alpha Phi Alpha Fraternity, Incorporated or “Alpha Phi Alpha Day at the Capitol” in Delaware. It honors Alpha Phi Alpha Fraternity, Incorporated as an organization that has provided a voice and a strong vision to the struggle of African Americans and people of color in the State of Delaware and around the world.

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.

This Act creates penalties for misrepresentation of a service animal under the Delaware Equal Accommodations Law and misrepresentation of an assistance animal under the Delaware Fair Housing Act. The language of these penalties is different because under both federal and State law, a broader range of animals must be allowed as a reasonable accommodation in housing to an individual with a disability and more disability-related information may be requested, than in places of public accommodation. However, the penalties are the same: a first violation is a civil penalty in the amount of $500 and each subsequent offense is an unclassified misdemeanor. In addition, this Act updates the terms, definitions, and requirements for assistance animals under the Delaware Fair Housing Act to align with federal law and makes corresponding changes to the Residential Landlord-Tenant Code. This Act also makes corresponding changes and technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act does not require a greater than majority vote for passage because Superior Court already has jurisdictions over all criminal violations under Chapter 46 of Title 6.

This Act enhances the General Assembly’s oversight of regulations adopted by state agencies by doing all of the following: (1) Making clear that the Registrar of Regulations is required to provide notice of each regulation proposed by a state agency to each member of the appropriate standing committee of each House of the General Assembly and to provide any comments collected from members of the standing committee to the state agency. (2) Making clear that the Chair of a standing committee may also schedule a committee meeting during the regular session of the General Assembly to consider a rule, regulation, or amendment to a rule or regulation that impacts or is within the subject-matter jurisdiction of the committee. (3) Requiring the Chair of a standing committee to hold a committee meeting when a majority of the members of a standing committee of either House of the General Assembly believe in good faith that the rule, regulation, or amendment to a rule or regulation impacts or is within the subject-matter jurisdiction of the committee and the committee should meet to consider the rule, regulation, or amendment to a rule or regulation. (4) Making clear that a standing committee or joint committee may draft legislation to propose action by the General Assembly related to recommendations made by the committee. (5) Making clear that a standing committee or joint committee may request the President Pro Tempore of the Senate or Speaker of the House of Representatives to call from recess of a special session the Senate, the House of Representatives, or the General Assembly, as the case may be. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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.