Sen. Ray Seigfried

This Act codifies the Delaware Farm and Food Council’s Farm to Community Program as a state-led initiative called the Delaware Farm to Community Program. The Farm to Community Program launched in 2023 under the United States Department of Agriculture’s (USDA) Local Food Purchase Assistance Cooperative Agreement (LFPA). In 2 ½ growing seasons, the Farm to Community Program has effectively expanded the purchasing power of community outlets to procure local food products from local farmers and distribute the food products to individuals in need or facing food insecurity in Delaware’s urban and rural communities. Through this model, currently, 31 local farmers supply more than 100 varieties of fruits, vegetables, meats, and dairy products to 9 community outlets that serve 105 food distribution sites. The USDA canceled LFPA funding in 2025. Codifying the Farm to Community Program ensures continuity, strengthens Delaware’s food system infrastructure, increases availability of fresh and healthy seasonal foods, and increases the economic viability of local farmers, particularly small and medium-scale farmers.

This Act is the first leg of a constitutional amendment that would require that only natural persons be allowed to vote in any election in this State, and forbid corporations and other artificial entities from voting in such elections. 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. In addition, as the first leg of a constitutional amendment, the next General Assembly must pass an act concurring with this Act for it to become part of the Delaware Constitution.

This Act requires animal shelters that operate in this State to be licensed by the Department of Health and Social Services (Department). Licenses must be renewed annually, and the Department may charge a reasonable license and license renewal fee not to exceed the costs of administering Subchapter I of Chapter 30F of Title 16 (this subchapter). An animal shelter applying for licensure for the first time is subject to an inspection to ensure ability to comply with this subchapter. The Department may refuse to issue or renew, or may suspend or revoke a license, if the person does any of the following: (1) In any jurisdiction that requires licensure, operates an animal shelter without a license or under a revoked or suspended license. (2) Fails to meet the requirements of this subchapter or any applicable regulation. (3) Knowingly, or with reason to know, makes a false statement of a material fact in, or falsifies, any of the following: a. An application for a license or a license renewal. b. Any data or document submitted to the Department. c. Records required to be kept under this subchapter or under applicable regulation. (4) Refuses to allow representatives or agents of the Department to inspect any of the following: a. All or any portion of the animal shelter. b. Any documents, records, or files required to be maintained by the animal shelter. (5) Does not correct a previously identified violation. (6) Has unpaid fees or fines. (7) Has a history of noncompliance with animal welfare laws or applicable regulations. The Department has discretion to issue provisional licensure for an applicant seeking license renewal. An animal shelter that fails to comply with the licensure requirement is subject to a warning or a civil penalty not to exceed $1,000 per violation. Each day that the animal shelter continues to operate without a license is another violation. This Act moves the existing definitions section from § 3001F to § 3000F to fit the licensure requirement within the animal shelter operation subchapter. This Act also amends internal citations and word use to account for the movement of the definitions section and the addition of new definitions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed. This Act takes effect January 1, 2027. The initial inspection requirement is not applicable to an animal shelter that has been operating in this State before January 1, 2027, so long as that animal shelter has had a satisfactory inspection under § 3008F(b) of Title 16 within the year preceding January 1, 2027.

This Act removes authority from the Department of Corrections to deduct pay from inmate accounts for a proportionate share of the costs of incarceration of inmates in the facility in which the inmate is housed. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act makes a technical correction to the optional special powers form in the Uniform Health Care Decisions Act in Title 16. Currently, the existing language in the form implies any number of days can be written in to the advance directive when designating a maximum length of time for a mental health care related admission. However, under § 2518(e) of Title 16, an agent or default surrogate may not consent to voluntary admission of an individual to a facility for mental health treatment for longer than 72 hours. This Act removes the open-ended language in the form, so that a voluntary admission to a mental health facility by an agent may not exceed 72 hours.

This Act prohibits the sale of class B firefighting foam that contains intentionally added PFAS chemicals starting January 1, 2028. An exception is provided for a bulk petroleum facility, provided that the bulk petroleum facility applies to DNREC for a 5-year exemption. The exemption period may be extended for additional 2-year periods, up to a total of 13 years. If an exempt bulk petroleum facility uses foam containing PFAS chemicals, they must notify DNREC. Under this Act, a manufacturer must notify its customers in the State regarding the prohibition of firefighting foam containing PFAS chemicals by January 1, 2027. By March 1, 2028, the manufacturer must recall or reimburse purchasers, unless the purchaser is exempt as a bulk petroleum facility. The recall must include the safe transport and storage of PFAS-containing firefighting foam until the Department identifies a safe disposal technology. A manufacturer in violation of this Act is subject to a $5,000 civil penalty for a first offense and a $10,000 for a second, or subsequent offense. Finally, this Act requires that firefighting personal protective equipment (PPE) that contains PFAS chemicals be sold with a written notice that states that the PPE contains PFAS chemicals. The manufacturer or seller of the PPE must retain the written notice on file for at least 3 years from the date of transaction. Failure to provide written notice of PFAS chemicals in PPE will subject the manufacturer or seller to a civil penalty of $100 per occurrence. House Substitute 1 to HB 356 differs from HB 356 in the following ways: (1) It replaces the term “terminal” with the broader term “bulk petroleum facility” which clarifies those facilities that may apply for an exemption under this Act. (2) Clarifies the definition of PFAS or polyfluoroalkyl substances. (3) Extends the exemption period for bulk petroleum facilities from 1 to 5 years. (4) Provides additional 2-year extensions to the 5-year exemption period, so long as the total exemption period does not exceed 13 years. (5) Permits a bulk petroleum facility to use PFAS-containing firefighting foam to aid another facility. (6) Removes the requirement that DNREC assist state agencies and local governments in identifying and obtaining class B firefighting foam that does not contain PFAS chemicals.

This Act creates a presumption that parents are not liable for the care, maintenance, and support of children committed to DSCYF, or admitted to a service provided by DSCYF. The Family Court may order child support payments only if child support will not pose a barrier to parent reunification.

Maddy summaryHB 365 creates a new Delaware Indigenous Affairs Commission to represent and support the state's Indigenous population. The bill amends state laws to formally establish this commission, which will serve as an official body to advance the interests of Native Americans in Delaware. Following committee review, the legislation was reported favorably by four members and unfavorably by one, indicating ongoing evaluation before final passage.

This Act provides a roadmap via an observational study on a small but representative group of diabetic patients to change standard healthcare from current reactive “sick care” to proactive “well care”. This will be accomplished by using a Delaware health system combined with a technology partner to regularly test, measure and manage, and incentivize diabetic patients and their providers to improve the health outcomes for Delawareans and drive down healthcare costs. The length of the observational study will be 3 years. During that time, data analysis will track results to determine if this Pilot Program shall be renewed and expanded. This Act requires no fiscal note in that this Pilot Program is to be federally funded through the Federal Rural Health Transformation Program.

This Act provides that School Social Workers who have successfully passed the Association of Social Work Boards National Clinical Examination and hold a Licensed Clinical Social Worker License with a salary supplement. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.