The 2025 Delaware Legislative Session yielded several key victories for Delaware Farm Bureau (DEFB) members, agriculture, and related industries. The session officially concluded on June 30, marking the end of the first leg of Delaware’s two-year 153rd General Assembly.
DEFB members guide advocacy efforts by developing policies for the organization’s policy book. DEFB leadership, members, and staff submitted testimony and provided input on more than 15 pieces of legislation. Member engagement reached an all-time high, soaring more than 800% compared to previous years, driven by hundreds of members and supporters using our Voter Voice advocacy platform. This remarkable growth highlights the strength and impact of grassroots advocacy. Below is a summary of the legislation DEFB focused on during the 2025 session.
Agriculture
HB 117/SB 190
Senate Bill 190, a substitute for House Bill 117, requires state agencies to notify DEFB when state-owned or political subdivision agricultural land becomes available for lease. DEFB submitted supportive comments and appreciates Rep. Carson’s (D-NC) commitment to addressing challenges farmers face in accessing state-owned farmland. His interest in the issue was sparked by discussions at the 2025 New Castle County Legislative Breakfast, where DEFB members highlighted it as a key concern. SB 190 passed both chambers and was signed by the Governor on August 12, 2025.
HB 176
HB 176 revisits the ongoing Right to Repair issue, with a focus specifically on agricultural equipment, unlike the broader 2021 bill introduced by former Rep. Ruth Briggs King. The American Farm Bureau Federation has Memoranda of Understanding (MOUs) with major equipment manufacturers, and HB 176, as written, would violate those agreements. As a result, DEFB opposes the bill in its current form.
However, DEFB is actively working with the bill’s prime sponsor, Rep. Rich Collins (R-S), as well as equipment manufacturers and dealers, to find a solution that works for all parties. Though filed in 2025, HB 176 is not scheduled for committee consideration until January 2026.
SB 35/SCR 106
Senate Bill 35 sought to address the taxation of agricultural structures by allowing counties to apply the same assessment method currently used for farmland. However, due to its significant projected fiscal impact, the bill stalled in the Senate Finance Committee.
Determined to keep the issue moving forward, DEFB worked with SB 35 prime sponsor Sen. Kyra Hoffner (D-NC) to pivot toward an alternative solution: Senate Concurrent Resolution 106. This resolution tasks the State Farmland Assessment Advisory Commission with researching how other states tax agricultural structures and reporting its findings to the General Assembly by March 2, 2026.
While not the immediate solution DEFB had hoped for, SCR 106 ensures the issue remains a priority for state lawmakers. The resolution passed both chambers, and DEFB will closely monitor the Commission’s progress.
Economic Development/Business
HS 2 for HB 187
House Substitute 2 for HB 187 marks a meaningful win for Delaware’s wine producers, allowing for in-state wine shipments for the first time. While the bill includes some limitations, DEFB views it as a strong first step in supporting the growth of the state’s wine industry and broader agricultural economy.
DEFB testified in support of the bill and greatly appreciates the leadership of Rep. Michael Smith (R-NC) in advancing it. The legislation passed both chambers on June 30 and was signed by the Governor on August 15, 2025.
Eminent Domain
SB 114
Senate Bill 114, sponsored by Sen. Dave Wilson (R-K, S), aims to strengthen protections against the misuse of eminent domain by municipalities. The bill would prohibit the use of eminent domain to acquire private property for recreational purposes and reinforce compliance with existing procedures outlined in Chapter 95 of Title 29 and §120 of Title 22.
DEFB submitted comments in support of the bill, recognizing its value in upholding private property rights and guarding against government overreach. Although SB 114 was not released from the committee, DEFB appreciates Sen. Wilson’s continued efforts to defend landowner rights.
Energy
SB 175
More than 200 farms currently use renewable energy systems, such as solar, but many DEFB members have expressed concerns about losing unused solar energy credits.
Senate Bill 175, sponsored by Sen. Stephanie Hansen (D-NC) and Rep. Frank Burns (D-NC), addresses this issue by allowing farmers to roll over unused energy credits instead of forfeiting them at the end of the billing cycle.
DEFB supported this legislation and is pleased to see farmers fairly compensated for their contributions to renewable energy. SB 175 has passed both chambers and was signed by the Governor on July 16.
Environment/Pollution
HB 210
House Bill 210, also known as the “Pollution Accountability Act,” increases environmental fines for commercial and industrial polluters who violate water, air, and waste regulations. The legislation raises the minimum fine from $25 to $250, the mid-range fine from $1,000 to $5,000, and the maximum fine for chronic violators from $10,000 to $40,000.
Initially, the bill included Title 3 of the Delaware Code, which would have extended these increased fines to the Nutrient Management Program. However, key stakeholders, including the Delaware Department of Agriculture (DDA), the Nutrient Management Commission, DEFB, and the Delmarva Chicken Association, were not consulted during the drafting process.
After DEFB and others raised concerns, the bill’s prime sponsor, Rep. Lambert (D-NC), met with stakeholders to better understand the agricultural impact. In response, Rep. Carson (D-NC) filed House Amendment 1, which removed Title 3 from the bill and addressed many of the agriculture community’s concerns.
However, Concentrated Animal Feeding Operation (CAFO) permit holders may still be impacted. DEFB is hopeful that negotiations of the existing Memorandum of Agreement between DDA and DNREC will result in similar treatment for CAFOs as those in the Nutrient Management Program.
HB 210, as amended, passed both chambers and was signed by the Governor on July 16. DEFB believes agriculture’s initial inclusion stemmed from a lack of understanding of the industry and its regulatory framework and is committed to working with partners and legislators to close that knowledge gap moving forward.
HB 222
Following the removal of Title 3 from HB 210, HB 222 was introduced to raise fines related to the Nutrient Management Program. Although the increases are more moderate than those in HB 210, HB 222 raises the minimum fine from $25 to $125 and the mid-range fine from $1,000 to $5,000, while keeping the maximum fine at $10,000. Rep. Lambert (D-NC) hoped for HB 222 to pass alongside HB 210, but the bill’s Senate approval is delayed until 2026 thanks to Sen. Brian Pettyjohn (R-SC) and the Senate Republican Leadership, who secured this during Bond Bill Negotiations.
Local Authority
SB 159/SB 199
Senate Bill 159 mandates that an electrical substation be permitted as a conditional use in heavy industrial zones under specific circumstances, namely, when the substation supports a proposed renewable energy project of 250 megawatts or more. Effectively, it allows such projects to bypass county-level approval. Filed by Sen. Stephanie Hansen (D-NC), the bill was a direct response to the Sussex County Council’s denial of a permit for US Wind’s offshore wind project and includes retroactive provisions to address that specific case.
Supporters, particularly New Castle County legislators, argued that Sussex County should not have authority over energy projects impacting other counties. In contrast, Republican lawmakers from Kent and Sussex Counties warned that overriding local decisions sets a dangerous precedent, threatening county authority and community input.
Despite the strong opposition, SB 159 passed both chambers with amendments and was signed into law by Governor Meyer on the final day of session. To secure final agreement on the Bond Bill (SB 200), Senate Republicans negotiated a delay in SB 159’s implementation through companion legislation, SB 199. This measure postpones the enactment of SB 159 until January 31, 2026, effectively approving US Wind’s permit by that date, regardless of any ongoing legal challenges. SB 199 was also signed into law on June 30.
DEFB strongly opposed SB 159, aligning with its policy that land use decisions should remain at the county level. The organization voiced concerns that the bill opens the door to excessive state overreach and undermines local decision-making. DEFB members, leaders, and staff submitted written testimony and spoke out at multiple hearings.
DEFB commends legislators like Sen. Brian Pettyjohn (R-S) for standing up for rural communities and advocating for local control throughout this process.
Conclusion
This legislative session was a pivotal year for Delaware agriculture, with DEFB and other stakeholders playing a proactive and influential role in shaping policy outcomes. From protecting property rights and promoting more accessible agricultural lease opportunities to navigating complex environmental legislation, DEFB remained an advocate for farmers, rural communities, and the future of agriculture.
This year’s unprecedented increase in member engagement demonstrated the impact of collective action and shows the importance of continued involvement in the legislative process. As we prepare for the second leg of the 153rd General Assembly in 2026, DEFB remains committed to amplifying the voice of agriculture, holding policymakers accountable, and ensuring that Delaware’s farmers are informed, empowered, and represented at every step.
DEFB appreciates its members, partners, and legislative allies for their support throughout this session, and looks forward to building on these efforts in the year ahead.
Stay informed on key legislative issues by signing up for DEFB Action Alerts through Voter Voice at defb.org/advocacy/.
For a deeper look at DEFB’s policy positions, explore our Policy Book at defb.org/resources/farmer-information.
If you’d like to learn more about our advocacy efforts or find ways to get involved, contact Sydnie Grossnickle, DEFB Government Affairs Coordinator, at 302-697-3183 or sydnie.grossnickle@defb.org.
Other DEFB- Monitored Legislation
| Bill | Sponsors | Description |
| HB 92 | Rep. Yearick & Sen. Hocker | This bill repeals the Delaware Advanced Clean Air Program and adopts the Delaware Low Admissions Program, thereby terminating the Electric Vehicle Mandate. DEFB supported this legislation in accordance with Section 26 of our Policy Book. Status: This bill was not released from the committee. |
| HB 98 | Rep. Heffernan & Sen. Paradee | This bill addressed the manufacture, distribution, and sale of THC-infused beverages in Delaware, establishing requirements for manufacturers, importers, and package stores, including product standards, testing, and record-keeping. While DEFB did not take an official position on this legislation, we closely monitored it due to concerns raised by our members. Status: This bill was stricken. |
| HB 109 | Rep. Hensley & Sen. Hoffner | This act requires each county to reassess the value of real property in the county at least every 10 years instead of the current 5-year requirement. DEFB supported this bill by vote of our State Board of Directors. Status: This bill never saw time in committee. |
| HB 128 | Rep. Heffernan & Sen. Mantzavinos | This legislation amends the Family and Medical Leave Act (FMLA). The act limits combined medical and family leave to 6 weeks and allows benefits once every 12 months. DEFB did not have a position on this bill and just monitored it. Status: Passed both chambers and awaits Governor Meyer’s signature. |
| HS 1 for HB 147 w/ HA 1 | Rep. Harris & Sen. Lockman | This bill allows real estate to be transferred outside of probate through a transfer-on-death (TOD) deed. Property owners can name a beneficiary while keeping complete control during their lifetime. The Act, based on the Uniform Real Property Transfer on Death Act with state-specific changes, requires notarization, witnesses, and clear forms. TOD deeds override conflicting wills, with disputes handled by the Court of Chancery. DEFB did not take a stance but monitored it. Status: This bill passed by both chambers and is awaiting the Governor’s action. |
| HB 164 w/ HA 1 | Rep. Morrison & Sen. Pinkney | This act makes multiple changes to revenue sources for the Delaware Department of Transportation, including fees related to driver and vehicle services, such as the issuance and renewal of commercial driver’s licenses, increased from $28 to $55. DEFB did not take a stance on this legislation. Status: Signed by the Governor. |
| HB 175 w/ HA 1 | Rep. Heffernan & Sen. Paradee | This bill makes multiple changes to revenue sources for DNREC. This increased planning, permitting, and other fees support overall program management and more. These increases are intended to provide DNREC with the necessary resources to maintain and improve its regulatory programs. DEFB was neutral on this issue per State Board of Directors vote. Status: This bill was passed and signed by the Governor. |
| HB 179 | Rep. Yearick & Sen. Buckson | This act amends the definition of employer in the FMLA to exclude individuals who employ fewer than 25 employees in Delaware. DEFB supported this legislation and provided comments. Status: This bill was not released from the committee. |
| HS 1 for HB 181 | Rep. Yearick & Sen. Pettyjohn | This bill changes the effective date of the penalty section of the FMLA program to January 1, 2027. DEFB provided comments in support. Status: This bill was released from committee and is on the House Ready List. |
| HB 221 | Rep. Carson & Sen. Huxtable | This act allows DDA to increase the biennial pesticide registration fee, which currently may not exceed $140, up to a maximum of $500. This was filed towards the end of the 2025 session. DEFB has not taken a stance yet. Status: This bill was released from committee and is on the House Ready List. |
| HB 233 | Rep. Burns | This bill defines “large energy use facilities” and requires regulated utilities to establish a separate rate for them. This bill was filed on the last day of the 2025 session. DEFB has not yet taken a stance. Status: Awaiting a 2026 committee hearing. |
| HB 235 | Rep. Bush & Sen. Hoffner | This legislation allows for the composting of yard waste, food residuals, and other organic materials on property zoned for agricultural purposes. This bill was filed on the last day of the 2025 session. DEFB has not yet taken a stance. Status: Awaiting a 2026 committee hearing. |
| SB 84 | Sen. Huxtable & Rep. Carson | This Act expands Delaware’s Right to Farm protections by removing the requirement that a farm operate for at least one year before being shielded from nuisance lawsuits. DEFB supports this legislation, as outlined in Section 75 of the policy book. Status: Never saw committee time. |
| SB 140 | Sen. Pettyjohn & Rep. Jones Giltner | This Act bars DNREC from restricting the sale of fuel-powered vehicles in Delaware. It does not alter existing emissions standards and applies retroactively to March 1, 2023. DEFB monitored this bill, as there is no established policy in place. Status: Yet to be released from committee. |
