2026 Brings Some Law Changes to Delaware
The new year will bring change to Delaware. Several bills passed by the General Assembly and signed into law – go into effect with the start of 2026.
Just before Christmas, House Bill 175 went into effect. This makes some changes to various DNREC fees and assessments – many that haven’t been changed or updated since 1991! This measure updates regulatory fees which will provide critical revenue to support DNREC’s mission to limit pollution in Delaware’s air, water and soil. It will also modernize permitting, ensure violators are held accountable and respond to constituent complaints and inquiries. Most fee changes went into effect on December 21st, but certain fees will not take effect until July 1 of 2026 – and those will be billed at 50% for the first year.
Senate Bill 68 establishes the piloting rates for the Pilots’ Association for the Delaware Bay and River for 2026, 2027 and 2028. This measure increases the minimum rate per unit from the current $17.26 to $17.78 for 2026. This is for a minimum of 200 units to a maximum of 1600 units – an increase of 50 from 2026. Senate Bill 68 is effective on January 1st.
Senate Bill 59 goes into effect at the start of the new year. This measure amends the Public Utilities Code. Currently the Delaware Public Service Commission must apply the ‘business judgment rule’ standard in deciding which costs may be included in a utility’s base rate. However 48 states in the United States apply the “prudence” standard when setting rates. SB 59 amends the Public Utility Code so that the ‘prudence’ standard applies. This gives the Public Service Commission the ability to deny – in whole or in part – certain expenses and costs, which can lead to less frequent and less impactful rate increases.
The End of Life Options Law – or the Medical Aid in Dying Act will go into effect with the start of the new year. was signed into law by Governor Matt Meyer in House Bill 140May, but has seen some challenge. The measure allows a terminally ill adult resident of Delaware, who has six months or fewer to live the choice to request and self-administer medication that will “end the individual’s life in a humane and dignified manner. This must also be agreed on by the individual’s attending physician and a consulting physician or advanced practice registered nurse. Early in December plaintiffs filed for a temporary restraining order, but on December 30th a Delaware Superior Court judge ruled that the plaintiffs’ motion failed on its merits and was dismissed.
Several other bills will go into effect throughout the year – including Senate Bill 159 – which would overturn the Sussex County Council’s rejection of a permit needed for US Wind to build a substation critical to plans to erect more than 100 wind turbines off the Delmarva coast. At the beginning of December a Delaware Superior Court judge paused US Wind’s appeal against Sussex County’s denial of a Conditional Use application for an electric substation near Dagsboro, which was denied by Sussex County Council with a 4 to 1 vote in December 2024. On December 22, attorneys for the Town of Fenwick Island and the Sussex County Government filed for a temporary restraining order against the State of Delaware in Chancery Court to prevent SB 159 from overriding local zoning decisions. SB 159 is set to become effective on January 31, 2026.
Another measure that will go into effect in August, House Substitute 2 for House Bill 187, will permit wine producers holding a valid license within this State or another state to obtain a license and ship wine directly to Delaware consumers, so long as it is done through a common carrier permit. This substitute act adjusts the language in this act to be consistent with the Liquor Control Act (LCA). This bill will go into effect on August 15, 2026.
Delaware lawmakers return to Dover for the second leg of the 153rd General Assembly session which begins on Tuesday, January 13th. Two pre-file dates in December have already led to the pre-filing of two dozen bills which will meet lawmakers in two weeks.