SB 259 — AN ACT TO AMEND TITLE 9 AND TITLE 22 OF THE DELAWARE CODE RELATING TO EMERGENCY COMMUNICATION SYSTEMS.

Poore DELAWARE& STATERep. SENATE 153rd GENERAL ASSEMBLY SENATE AMENDMENT NO.

1Cooke TOSens. SENATE BILL NO.

259Walsh, AMENDWilson SenateDELAWARE BillSTATE No.SENATE 153rd GENERAL ASSEMBLY SENATE BILL NO.

259 afterAN lineACT 3TO andAMEND beforeTITLE line9 4AND byTITLE inserting22 theOF following:THE DELAWARE CODE RELATING TO EMERGENCY COMMUNICATION SYSTEMS.

“(d)BE “Modified”IT orENACTED “renovated”BY isTHE definedGENERAL asASSEMBLY meetingOF oneTHE ofSTATE theOF following:DELAWARE:

(1)Section A1. structure is 25,000 square feet (2323 m²) or more of gross floor area, and (i) the area modified or renovated is 40 percent or more of the total building floor area, or (ii) the area modified or renovated includes structural modifications, changes in building materials, or the installation of assemblies or systems that are reasonably expected to attenuate radio frequency (RF) signal propagation, including low-emissivity glass, reinforced concrete, metalized insulation, or similar materials.

(2)Amend AChapter structure26, ofTitle less9 thanof 25,000the squareDelaware feetCode (2323by m²)making isdeletions modifiedas orshown renovatedby tostrike athrough grossand floorinsertions areaas ofshown 25,000by squareunderline feetas (2323follows: m²) or more.”.

FURTHER§ AMEND2616. Senate Bill No.

259Emergency byCommunication deletingSystems. lines 4 through 8 in their entirety and inserting in lieu thereof the following:

“(d)(d) (e) The zoning ordinance and regulations adopted pursuant to this section shall provide that newly constructed constructed, modified, or renovated buildings of 25,000 square feet of gross floor area or more and any modified or renovated portion of a building shall be designed, constructed and/or equipped so that they meet the GAT (Grid Acceptance Test) at 95% compliance for 800 MHz public safety in-building communications coverage.

The in-building coverage required under this section may occur naturally or may require in-building emergency communications equipment as defined in subsection (a) of this section.”.section.

FURTHER(e) AMENDNo Senateissuing Billagency No.shall award a permanent certificate of occupancy unless a building affected under this section meets the GAT 95% coverage requirement.

259An onissuing lineagency 9may byissue deletinga “(e)”temporary ascertificate itof appearsoccupancy thereinfor anda insertingperiod inof lieu3 thereofmonths “(e)if (f)”.a reasonable effort has been made to meet the requirements under this section prior to the issuance of the temporary certificate of occupancy.

FURTHER(f) AMENDThe SenateDelaware BillDepartment No.of Safety and Homeland Security (DSHS), or its designee, shall develop and promulgate rules and regulations for the implementation of the provisions in this section.

259The onSecretary lineof 13DSHS byshall deletingform “(f)”an asadvisory itcommittee appearsconsisting thereinof representatives of state agencies and insertingprivate incommercial lieuand thereofindustrial “(f)building (g)”.interests to develop the rules and regulations specified in this section.

FURTHERThe AMENDadvisory Senatecommittee Billshall No.be comprised of no more than 16 members which shall consist at least of the following members:

259(1) onThe lineSecretary 35of bythe deletingDepartment “(g)”of asSafety it appears therein and insertingHomeland inSecurity lieuor thereofthe “(g)Secretary’s (h)”.designee;

(2) A representative of the Office of Facilities Management to be appointed by the Director of the Office of Management and Budget;

(3) A representative of the Delaware Volunteer Firefighter’s Association;

(4) A representative from Emergency Medical Service;

FJMJH :

ALW Page 1 of 23 Released:

04/29/202603/17/2026 02:5212:12 PM FURTHER(5) AMENDA Senaterepresentative Billfrom No.the Delaware State Police to be appointed by the Colonel of the State Police;

259(6) onA linerepresentative 56of bythe insertingPolice “TheChiefs termsCouncil newlyto constructed,be modified,appointed orby renovatedthe meanPresident as defined in § 2616 of thisthe title.”Police afterChiefs “title.”.Council;

FURTHER(7) AMENDA Senaterepresentative Billfrom No.the Delaware Department of Transportation [DelDOT] to be appointed by the Secretary of the DelDOT;

259(8) onA linerepresentative 62of bythe insertingDelaware “TheDepartment termsof newlyTechnology constructed,and modified,Information orto renovatedbe meanappointed asby definedthe inChief §Information 2616Officer of thisthe title.”Delaware afterDepartment “9.”.of Technology and Information;

FURTHER(9) AMENDA Senaterepresentative Billfrom No.the Delaware Healthcare Association;

259(10) byA insertingmember aof newthe SectionCommercial afterIndustrial lineRealty 62Council; as follows:

“Section(11) 5.Two members at-large to be appointed by the Governor of the State of Delaware.

ThisThe Actremaining takesmembers effectshall onbe Februaryappointed 1,by 2027.”.the Governor and shall represent owners and developers of buildings greater than 100,000 square feet.

SYNOPSISThe ThisAdvisory amendmentCommittee addsshall definitionsexpire forupon thecompletion termsand “modified”adoption of the rules and “renovated”.regulations under this section, but no later than February 28, 2009.

This(g) amendmentThe alsorules addsand anregulations effectivepromulgated dateby the Department of FebruarySafety 1,and 2027.Homeland Security shall not require any building to be certified for 95% in-building coverage until all 800 MHz communications towers within a county, under the Next Generation 800 MHz Project in effect at the time this section is enacted, are fully operational.

If a building otherwise subject to the provisions of this section is temporarily exempt from certification under this section due to unfinished towers in a county, the design and construction of a building shall incorporate the means to later install any equipment necessary to meet the 95% GAT in-building coverage requirement.

A building temporarily exempted under this subsection shall be certified within 6 months after all Next Generation 800 MHz communication towers are fully operational within a county.

The Department of Safety and Homeland Security shall publish, and update, on its website, a map of the State showing those counties in which buildings subject to this chapter must comply with the requirements under this section.

Section 2.

Amend § 4927, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4927.

Emergency Communication Systems.

The zoning ordinance and regulations adopted pursuant to this chapter shall provide that newly constructed constructed, modified, or renovated buildings of 25,000 square feet of gross floor area or more, shall be designed, constructed and/or equipped in accordance with the provisions set forth in § 2616 of this title.