Electric vehicle, police accountability bills await governor’s signature

Four bills created to encourage electric vehicles and the use of solar panels moved through the General Assembly this session and await signature into law by Gov. John Carney.

Senate Bill 103 requires new residential dwellings to be built with infrastructure for electric vehicle charging. A single-family home with no garage would be required to have a parking spot capable of vehicle charging.

“Major vehicle manufacturers are pledging to go all electric, and we need to take the step to ensure that we’ve got the appropriate electrical charging infrastructure in place,” said bill sponsor Rep. Krista Griffith, D-Fairfax. “As with anything, installation is more cost effective during initial construction than the alternatives of retrofitting after the fact. This bill will make it easier and more convenient to own an electric vehicle for all Delawareans in the years to come.”

Also awaiting Carney’s signature are:

• House Bill 99, known as the Climate Solutions Act, sets benchmarks for reducing net emissions in Delaware by 50% in 2030 and by 100% in 2050, using 2005 data as a baseline. The bill requires the state to adopt a climate action plan to be updated every five years, and creates a committee of technical climate advisors, which would study various issues relative to sea-level rise, temperature changes and precipitation

• House Bill 10 requires the Department of Education to change 5% of its buses to electric by fiscal year 2025, increasing to 30% by 2030
• House Bill 11 requires roof infrastructure to support solar by 2025 for new commercial buildings built with a foundation footprint of 50,000 square feet or greater
• House Bill 12 codifies the state’s Clean Vehicle Rebate program, allowing up to a $2,500 rebate for electric vehicles and a maximum of $1,000 for hybrid vehicles that retail up to $50,000.

Police reform bills 

A bill changing the Law Enforcement Officers’ Bill of Rights and another that overhauls police training moved through the General Assembly this session.

Under House Substitute 1 for House Bill 205, LEOBOR is renamed as Police Officer’s Due Process, Accountability and Transparency, and it requires police agencies that investigate allegations of misconduct to prepare a detailed narrative that includes a complete description of the facts, evidence collected, conclusions reached, the names of officers involved in substantiated findings, disciplinary actions taken and the employment status of disciplined officers. 

Investigating agencies would then be required to forward narratives to the Criminal Justice Council to publish cases online that involve the discharge of a firearm at a person; use of force that results in serious physical injury; or findings of sexual assault, sexual harassment, domestic violence or dishonest conduct.

The bill requires that defense attorneys in a criminal or delinquency case be provided – at their request – all records relating to sustained findings of officer misconduct relating to perjury, intentional false statements or false reports, or destruction, falsification or concealment of evidence by an officer who participated in the investigation or prosecution. 

House Bill 206 changes the state’s Council on Police Training, renaming it the Police Officer Standards and Training Commission. 

The current panel establishes training standards for Delaware police officers and oversees allegations of police officer misconduct, including holding hearings for possible suspensions or decertifications. The bill increases the number of governor-appointed members of the public who serve on the commission from two to three. One would be required to be a community religious leader, while another must be someone who has been impacted directly or immediate family members or caregivers of someone impacted by the criminal justice system. The appointees would be based on nonbinding recommendations from the NAACP, the Delaware Center for Justice and other interested nonprofits. No governor-appointed member of the public could be a current or former member of law enforcement or affiliated with law enforcement. 

Under the bill, the commission’s existing powers to suspend or revoke an officer’s certification are expanded to cases in which an officer has been decertified in another jurisdiction or has received probation before judgment in a criminal case involving theft, fraud or violation of the public trust or drug law. 

The commission would meet four times a year and have the authority to issue subpoenas for witnesses, documents, physical evidence or other evidence needed in connection with a hearing. 

HB 206 also would require all Delaware police departments to establish police accountability boards to advise those agencies on policy, training and other matters. Delaware police agencies also would be required to gain accreditation from the Delaware Police Accreditation Commission by July 1, 2028, standardizing many policies and procedures across all 51 law enforcement agencies in the state.