Wilmington committee considers resolution opposing Senate Bill 43 on HVAC licensing

Council President Congo introduced a resolution at the Feb. 19, 2025, Public Works and Transportation Committee meeting opposing Senate Bill 43 with Senate Amendment Number 2, a state measure addressing licensing and administration of the Board of Plumbing and Heating, Ventilation, Air Conditioning and Refrigeration Examiners. Committee members heard public comment and discussed concerns that the state change could override Wilmington’s existing licensing standards and reduce the city’s ability to vet contractors.

The measure matters, committee members said, because Wilmington requires local background checks and experience verification for plumbing and HVAC work; supporters of the resolution said those safeguards protect residents and properties in densely built neighborhoods. Council President Congo sponsored the resolution and asked community members and Wilmington’s legislative delegation in Dover to oppose the bill.

Marvin Newton, who said he previously worked for the state Department of Labor and Industry (L&I) and serves on a plumbing/HVAC committee, told the committee he has reviewed applications and directed complaints to the state. He said the state licensing process has not always verified applicants’ work histories and that Wilmington’s local checks are more thorough. “We take everybody through the same process. And when they don't meet the requirements, they don't sit for the test, and we don't care if you have a state license or not. You still have to go through our application,” Newton said.

Newton described earlier periods when the state opened a one-year window allowing some applicants to obtain state licenses without examination, and he said those rules had allowed some applicants to be licensed whose experience the city would not verify. He and others told the committee the state licensing body lacks manpower to conduct background checks and that applicants with suspect paperwork have at times been licensed at the state level despite local complaints.

Council members voiced support for maintaining local standards. Council Member Christian Willower said, “not everybody knows how to take care of their house. And so it's really important that we have qualified contractors.” Council members noted the resolution does not require a committee vote and that it will be placed on the full council agenda.

Committee members said the bill has passed the Senate and is now in the House; the committee does not yet have a hearing date in Dover. Committee staff and members said the full City Council will consider the resolution at its March meeting; a committee member identified March 2 as the council meeting when the resolution will appear on the agenda.

No formal committee vote was required or taken on the resolution during the Feb. 19 meeting. Council members and the sponsor asked Wilmington’s legislative delegation to oppose the measure in Dover and said they plan to make the city’s concerns known to state lawmakers.

Looking ahead, committee members said they expect a busier agenda as the city enters budget season and encouraged interested residents to follow the March council meeting for formal action on the resolution.