Committee hears wide public comment as sponsor frames bill to turn comprehensive plans into measurable affordable-housing action

Senator Russ Huxtable presented Senate Substitute 1 for SB 23, the Housing for Every Delaware Act, telling the Senate Housing and Land Use Committee the bill ‘‘moves us from planning to outcomes’’ by requiring counties and municipalities with populations above 2,000 to adopt measurable affordable‑housing plans and, where necessary, update zoning to allow a broader range of housing types.

The substitute sets a strategic goal that 20% of housing units in a jurisdiction be affordable and requires local governments to choose 5 of 10 listed tools—such as density bonuses, fee waivers and transit‑oriented zoning—to reach that goal. Huxtable said the bill pairs comprehensive‑plan updates with state reporting and public accountability: "This isn't just a planning bill. It's an implementation and public accountability bill," he said.

Why it matters: Delaware faces a persistent shortage of affordable units and rising housing costs. Huxtable cited DSHA data showing nearly 20,000 fewer affordable units than needed and said about half of renters are cost‑burdened. The bill would centralize reporting: DSHA, working with the State Office of Planning and Coordination, would publish annual progress reports beginning in May 2028.

Committee members pressed on local authority and process. Senator Eric Buxton asked whether the measure removes elected officials' ability to vote against a rezoning. Legal counsel and bill staff explained that the substitute shortens the time local governments have to amend official maps from 18 to 12 months after plan adoption, allows property owners to seek rezonings consistent with newly adopted future land‑use maps in a limited time window, and preserves the elected body's ultimate zoning decision while reducing duplicative hearings when the comprehensive‑plan process already included meaningful public engagement.

Public comment ran nearly an hour. Municipal staff and league representatives argued the bill was released too late for adequate local review and said it risks eroding home rule. Janelle Cornwell, executive director of the League of Local Governments, testified that "the bill...takes away local land use and zoning control from jurisdictions" and urged the committee to complete the SJR 8 pilot and produce a toolkit before advancing statewide mandates.

Builders, engineers and housing advocates testified in support. Jeff Fall, chairman of ABC of Delaware, said the bill "represents a thoughtful, balanced and practical approach" to the state's shortage. Housing advocates noted the bill reflects several recommendations from the Affordable Housing Production Task Force; Rachel Stucker of Housing Alliance Delaware said the task force included diverse stakeholders and that the bill helps address the land‑use piece of the housing puzzle. Several speakers asked for continued stakeholder engagement on implementation details and technical assistance for jurisdictions participating in the SJR 8 pilot.

Clarifications and limits: Sponsors emphasized the substitute does not eliminate local control and does not itself build housing; rather, it requires jurisdictions to set strategic, measurable goals and to take demonstrable steps to reach them. The substitute also narrowed and clarified reporting duties—directing DSHA to work with state planning staff to publish existing data rather than imposing new reporting burdens on local governments.

What didn't happen: The committee did not vote on SB 23. Members said they would make bill backers available and move remaining agenda items to a subsequent meeting.

The committee adjourned with the bill remaining under consideration; no final action on SS 1 for SB 23 was recorded in this session.