Delaware Liberal

Delaware General Assembly Pre-Game Show: Tuesday, April 15, 2025

Was gonna write my obligatory run-down of today’s activities.

Then I read this:

Port fight reignites as lawmakers deny nominees, revive task force

I’m flummoxed.  Can someone please share the story behind the story?  The Governor’s office and the State Senate appear ready to go to the mat over this.  I mean, I’ve always considered Jennifer Cohan to be among our most competent public officials.  Yet, the Senate is rejecting her nomination.  Why?  I don’t have enough information to even speculate, but there’s a quiet war going on here.  C’mon, pipples, spill!

Ho-kay. Back to my ‘obligatory run-down of today’s activities’.

Today’s Senate Agenda features a very important bill.  SB 75 (Paradee)…:

limits the restrictions a county may impose on the operation of marijuana establishments as follows: • Requires that a medical marijuana compassion center that was granted a conversion license for a retail marijuana store under § 1335B of Title 4 must be allowed to operate the retail marijuana store as a nonconforming use. • Prohibits the denial of a building permit to a licensee under § 1335B of Title 4 if the improvements comply with the physical requirements for property zoned for that use. The nonconforming use laws for each county, § 2610, § 4920, and § 6920 of Title 9 all prohibit structural alterations if a building is a nonconforming use but § 1335B(a)(1) requires that a conversion licensee continue to operate the location as a medical dispensing location. Thus, it is extremely likely that a compassion center with a conversion license for a retail marijuana store will need to make structural alterations to operate both as a medical dispensing location and as a retail marijuana store. • Requires that a county must allow the minimum hours of operation for a retail marijuana store to be 9 a.m. until 9 p.m. on Mondays through Saturdays and noon until 8 p.m. on Sundays. • In areas zoned for agricultural or industrial use, indoor, fully enclosed cultivation facilities may not be prohibited. • In areas zoned for commercial or industrial use, retail marijuana stores may be prohibited from operating only within a ½ mile of another retail marijuana store and within 500 feet of a place of worship, school, licensed child care, residential treatment facility, park, or library. The limits on county restrictions under this Act preempt and supersede all existing and future county ordinances or regulations regarding the operation of marijuana establishments.

In other words, the bill tries to eliminate the gimmicks that are being used to make it virtually impossible to get the legalized marijuana industry off the ground.  I have no idea if this will pass, but if legislators apply the same standard to this bill as they did to the Billionaires’ giveaway (aka ‘we need the money’),  then it likely will.  Of course, legislators will likely apply a totally different standard to this bill.

We have a pretty interesting House Agenda today.  I guess HB 19 (Osienski) is in response to the looting of the ‘unauditable’ Delaware Unemployment Insurance Fund.  One would hope that it’s not the only response.

HB 34 (Romer) attempts to force the University of Delaware to begin to pay their fair share for expenses that Newark incurs due to the university’s large footprint.  While this is not technically a charter change, it is not dissimilar to one.  I would hope and expect for the House to defer to the Newark area legislators who are sponsoring this bill.

HS1/HB 50 (Heffernan):

…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.

This bill is a key component of a Democratic package of bills designed to address high utility costs.  This program is set to sunset in three years.

I’ll be back tomorrow to look at (hopefully) a whole lotta bills in various committees.

Until then, I anxiously await your take on the ‘story behind the story’ dealing with the political port machinations.

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