AN ACT TO AMEND CHAPTER 256, VOLUME 81 OF THE LAWS OF DELAWARE AND TITLE 29 OF THE DELAWARE CODE RELATING T...
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SB 197 — AN ACT TO AMEND CHAPTER 256, VOLUME 81 OF THE LAWS OF DELAWARE AND TITLE 29 OF THE DELAWARE CODE RELATING TO NATIVE PLANTS.
Last action — Signed by Governor
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced September 13, 2023. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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15 sponsors
15 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (10 D · 2 R) — cross-party backing.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
This Act revises State procurement rules to require that beginning January 1, 2026, state agencies under Chapter 69 of Title 29 must purchase only native plants, including cultivars and hybrids of native plants, in the development of new landscaped areas and in the rehabilitation of exiting landscaped areas. Beginning January 1, 2025, the Department of Agriculture, with the advice of the Department of Natural Resources and Environmental Control and the Delaware Native Species Commission, must maintain a list of native plants that are generally available and appropriate for the needs of agencies. This Act provides exceptions to the requirement to purchase native plants, if the plant is not invasive and is being used for any of the following purposes: 1. Land purchased and managed as an historic property. 2. An appropriate habitat for zoo animals. 3. Agriculture. 4. Areas maintained as grass or turf, such as athletic fields, golf courses, lawns, and a right-of-way along a road. 5. Botanical gardens. 6. Ecological research. 7. Flowering annuals within landscape beds. 8. With the approval of the Department of Natural Resources and Environmental Control or the Department of Agriculture: wildlife plantings, land where a native species cannot thrive, and when necessary for trees. This Act also makes the Delaware Native Species Commission permanent.
Bill Text
What changed in the latest version
111 added · 20 removed111 line(s) added, 20 removed.
Hansen DELAWARE& STATERep. SENATE 152nd GENERAL ASSEMBLY SENATE AMENDMENT NO.
1Heffernan TOSens. SENATE BILL NO.
197Buckson, AMENDHuxtable, SenateLawson, BillLockman, No.Richardson, Sokola, Townsend;
197Reps. on line 63 by inserting “and bulbs,” between “annuals” and “within”.
FURTHERBaumbach, AMENDChukwuocha, SenateK. Bill No.
197Johnson, betweenMorrison, linesPhillips, 71Romer, andWilson-Anton 72DELAWARE bySTATE insertingSENATE the152nd followingGENERAL therein:ASSEMBLY SENATE BILL NO.
“(e)(1)197 IfAN anACT agencyTO cannotAMEND purchaseCHAPTER a256, plantVOLUME under81 thisOF section,THE theLAWS agencyOF mayDELAWARE notAND acceptTITLE a29 donationOF ofTHE thatDELAWARE plant.CODE RELATING TO NATIVE PLANTS.
(2)WHEREAS, Thisthe sectionsustainability appliesof toDelaware’s plantslocal purchasedecology afteris Decemberimportant 31, 2025, and applies to both new landscaped areas and the rehabilitationquality of existinglife landscapedof areas.all Delawareans;
(3)and NotwithstandingWHEREAS, paragraphDelaware’s (e)(2)colleges ofand thisuniversities section,are anhome agencyto maypreeminent maintainresearch plantingsin thatecology; cannot be purchased under this section if the planting was established before January 1, 2026.”.
SYNOPSISand ThisWHEREAS, Amendmentresearch clarifiesspecific allto the ecology of Delaware by the following:University of Delaware has revealed an alarming occurrence of extinction and extirpation of local plants and animals, including Delaware’s loss of 78% of its freshwater mussel species, 34% of its dragonflies, 20% of its fish species, and 31% of its reptiles and amphibians;
and WHEREAS, 40% of all native plant species are threatened or already extirpated from this State;
and WHEREAS, 41% of Delaware’s bird species that depend on forest cover are now rare or absent from this State;
and WHEREAS, research has revealed a nearly 50% reduction in population sizes for many of our bird species within the last 50 years;
and WHEREAS, the loss of species and biodiversity in ecosystems decreases watershed management, including water quality and flood control, and reduces pollinators, carbon sequestration, and soil enrichment;
and WHEREAS, invasive species pose significant environmental threats, as well as economic threats to resource-based industries and the agricultural economy;
and WHEREAS, the use of native plant species increases biodiversity, improves the local ecology, and controls the proliferation of invasive species;
and WHEREAS, the 2017 Final Report of the Statewide Ecological Extinction Task Force recommends that government lead by example in the planting of native plant species on state property to support our local ecology;
and WHEREAS, the use of native plant species on public property is included in the Delaware Native Species Commission Top Ten list of recommendations.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
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09/12/2023 04:37 PM Section 1.
Chapter 69, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 6937.
Purchase of native plants.
(a) For purposes of this section:
(1) “Athletic field” means land that is used for athletic events and does not include land that is adjacent to the playing area.
(2) “Cultivar” means a genetic variant of a native species that enhances a particular trait and is maintained by propagation.
(3) “Golf course” means land that is used for playing the game of golf and does not include land that is adjacent to the playing area.
(4) “Historic” means a historic resource as defined in § 1803 of Title 30, a certified historic property as defined in § 1812 of Title 30, or property otherwise designated as historic on a landscape plan kept by an agency and available for public review.
(5) “Invasive plant” means a plant on the Invasive Plant List under § 2904 of Title 3.
(6) “Lawn” means an area of short, mown grass.
(7) “Native plant” or “native species” means a plant that occurs naturally in the eastern temperate forest ecoregion of the United States.
“Native plant” includes any viable portion of a plant, including seeds.
(8) “Pasture” means land covered with grass and other low plants suitable for grazing animals.
(9) “Secretary” means the Secretary of the Department of Agriculture.
(b)(1) The Secretary shall adopt regulations that maintain a list of native plants that are generally available and appropriate for the needs of agencies.
(2) The Secretary shall adopt regulations under paragraph (b)(1) of this section with the advice of the Department of Natural Resources and Environmental Control and the Delaware Native Species Commission.
Show all 104 changed lines (64 more)
(c)(1) Except as provided under this section, an agency shall purchase only native plants in the development of new landscaped areas and in the rehabilitation of existing landscaped areas, including parks and landscaped areas surrounding buildings.
(2) An agency may also purchase any of the following:
a.
A cultivar of a native species.
b.
A hybrid of a native species, if the hybrid is a cross of 2 native species.
c.
A wildlife habitat seed mix consisting of more than 75% native plant seed.
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09/12/2023 04:37 PM (d) If the plant is not an invasive plant, an agency may purchase a plant that is not allowed under subsection (c) of this section for any of the following purposes:
(1) Land purchased and managed as an historic property.
(2) Appropriate habitats for zoo animals.
(3) Agriculture, including crop fields, pastures, and fruit or vegetable gardens.
(4) Areas maintained as grass or turf, including lawns, athletic fields, golf courses, and a right-of-way along a road.
Agencies are encouraged to minimize grass or turf areas and instead, use meadow areas and natural habitats.
(5) Botanical gardens.
(6) Plots used for ecological research.
(7) Flowering annuals within landscape beds.
(8) Any of the following, if approved by the Department of Natural Resources and Environmental Control or the Department of Agriculture:
a.
Wildlife plantings for food or habitat.
b.
Land where no plants allowed under subsection (c) of this section can thrive.
c.
For trees, any of the following:
AgenciesA maylack purchaseof bulbs,commercial inavailability. addition to flowering annuals, for use within landscape beds.
ThisMaintenance Actneeds appliesof to plants purchased after December 31, 2025, and applies to both new landscaped areas and the rehabilitationtree ofor existingproperty. landscaped areas.
AgenciesGeneral maysafety, maintainsuch plantingsas thatpreventing cannottripping behazards purchasedfrom undershallow thisspreading Actroots. if the planting was established before January 1, 2026.
ThisSection Amendment2. also clarifies that if an agency cannot purchase a plant under this Act, the agency may not accept a donation of that plant, such as under an agreement between the Department of Transportation and a third party.
Amend Section 3, Chapter 256, Volume 81 of the Laws of Delaware by making deletions as shown by strike through and insertions as shown by underline as follows:
Section 3.
This Act expires 10 years after its enactment into law, unless otherwise provided by a subsequent act of the General Assembly.
Section 3.
This Act is effective immediately and is to be implemented as follows:
(1) The initial list of native plants required under § 6937(b) of Title 29 must implemented no later than January 1, 2025.
(2) Section § 6937(c) and (d) of Title 29 are to be implemented on January 1, 2026.
SYNOPSIS This Act revises State procurement rules to require that beginning January 1, 2026, state agencies under Chapter of Title 29 must purchase only native plants, including cultivars and hybrids of native plants, in the development of new landscaped areas and in the rehabilitation of exiting landscaped areas.
Beginning January 1, 2025, the Department of Agriculture, with the advice of the Department of Natural Resources and Environmental Control and the Delaware Native Species Commission, must maintain a list of native plants that are generally available and appropriate for the needs of agencies.
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09/12/2023 04:37 PM This Act provides exceptions to the requirement to purchase native plants, if the plant is not invasive and is being used for any of the following purposes:
1.
Land purchased and managed as an historic property.
2.
An appropriate habitat for zoo animals.
3.
Agriculture.
4.
Areas maintained as grass or turf, such as athletic fields, golf courses, lawns, and a right-of-way along a road.
5.
Botanical gardens.
6.
Ecological research.
7.
Flowering annuals within landscape beds.
8.
With the approval of the Department of Natural Resources and Environmental Control or the Department of Agriculture:
wildlife plantings, land where a native species cannot thrive, and when necessary for trees.
This Act also makes the Delaware Native Species Commission permanent.
CM Page 14 of 14 Released:
01/25/202409/12/2023 10:1804:37 AMPM 59715201215971520004
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AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The amendment adds provisions for purchasing bulbs and clarifies conditions under which agencies may accept plant donations.
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and bulbs,
Agencies are now permitted to purchase bulbs in addition to flowering annuals for landscape beds.
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(e)(1) If an agency cannot purchase a plant under this section, the agency may not accept a donation of that plant.
Agencies are prohibited from accepting donations of plants they cannot purchase.
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(2) This section applies to plants purchased after December 31, 2025, and applies to both new landscaped areas and the rehabilitation of existing landscaped areas.
The provisions apply only to plants purchased after December 31, 2025, concerning new and existing landscaping.
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(3) Notwithstanding paragraph (e)(2) of this section, an agency may maintain plantings that cannot be purchased under this section if the planting was established before January 1, 2026.
Agencies can maintain existing plantings that cannot be purchased if they were established before January 1, 2026.
Action History
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Signed by Governor
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Passed By House. Votes: 40 YES 1 ABSENT
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Reported Out of Committee (Natural Resources & Energy) in House with 8 Favorable, 1 On Its Merits, 1 Unfavorable
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Assigned to Natural Resources & Energy Committee in House
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Passed By Senate. Votes: 21 YES
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Amendment SA 1 to SB 197 - Passed By Senate. Votes: 20 YES 1 ABSENT
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Lifted From Table in Senate
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Amendment SA 1 to SB 197 - Introduced and Placed With Bill
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Laid On Table in Senate
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Reported Out of Committee (Environment, Energy & Transportation) in Senate with 5 Favorable
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Introduced and Assigned to Environment, Energy & Transportation Committee in Senate
Sponsors
- Madinah Wilson-Anton · Primary
- Cyndie Romer · Primary
- David L. Wilson · Primary
- Eric Morrison · Primary
- Kendra Johnson · Primary
- Bryan Townsend · Primary
- David P. Sokola · Primary
- Bryant L. Richardson · Primary
- S. Elizabeth Lockman · Primary
- Franklin D. Cooke · Primary
- Russell Huxtable · Primary
- Stephanie L. Hansen · Primary
- Valerie Longhurst · Primary
- Paul S. Baumbach · Primary
- Sarah McBride · Primary
Sponsorship breakdown
Export CSV (upgrade) →15 sponsors · 0 co-sponsors · 47 not signed on
Sponsors (15)
- Madinah Wilson-Anton Democratic
- Cyndie Romer Democratic
- David L. Wilson Republican
- Eric Morrison Democratic
- Kendra Johnson Democratic
- Bryan Townsend Democratic
- David P. Sokola Democratic
- Bryant L. Richardson Republican
- S. Elizabeth Lockman Democratic
- Franklin D. Cooke Democratic
- Russell Huxtable Democratic
- Stephanie L. Hansen Democratic
- Valerie Longhurst
- Paul S. Baumbach
- Sarah McBride
Co-sponsors (0)
None.
Not signed on (47)
47 members have not signed on to this bill.
Show all 47 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 1 |
| Democratic | 20 | 0 | 0 | 0 |
| Republican | 14 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 13 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 21 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Kyle Evans Gay | — | Yea |
| Sarah McBride | — | Yea |
| Bryan Townsend | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Kyra L. Hoffner | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Russell Huxtable | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Yea |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| David L. Wilson | Republican | Yea |
| Eric Buckson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 197 do?
- This Act revises State procurement rules to require that beginning January 1, 2026, state agencies under Chapter 69 of Title 29 must purchase only native plants, including cultivars and hybrids of native plants, in the development of new landscaped areas and in the rehabilitation of exiting landscaped areas. Beginning January 1, 2025, the Department of Agriculture, with the advice of the Department of Natural Resources and Environmental Control and the Delaware Native Species Commission, must maintain a list of native plants that are generally available and appropriate for the needs of agencies. This Act provides exceptions to the requirement to purchase native plants, if the plant is not invasive and is being used for any of the following purposes: 1. Land purchased and managed as an historic property. 2. An appropriate habitat for zoo animals. 3. Agriculture. 4. Areas maintained as grass or turf, such as athletic fields, golf courses, lawns, and a right-of-way along a road. 5. Botanical gardens. 6. Ecological research. 7. Flowering annuals within landscape beds. 8. With the approval of the Department of Natural Resources and Environmental Control or the Department of Agriculture: wildlife plantings, land where a native species cannot thrive, and when necessary for trees. This Act also makes the Delaware Native Species Commission permanent.
- Who sponsors SB 197?
- SB 197 is sponsored by Madinah Wilson-Anton (Democratic), Cyndie Romer (Democratic), David L. Wilson (Republican), Eric Morrison (Democratic), Kendra Johnson (Democratic), Bryan Townsend (Democratic), David P. Sokola (Democratic), Bryant L. Richardson (Republican), S. Elizabeth Lockman (Democratic), Franklin D. Cooke (Democratic), Russell Huxtable (Democratic), Stephanie L. Hansen (Democratic), Valerie Longhurst, Paul S. Baumbach, and Sarah McBride.
- What is the current status of SB 197?
- This bill has been enacted into law. Introduced September 13, 2023. Enacted.
- Where can I track SB 197?
- Track SB 197 free on One Click Politics — get push/email alerts when it moves.
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