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DelawareHB 210 w/ HA 1153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLES 3, 7, AND 16 OF THE DELAWARE CODE RELATING TO THE ENVIRONMENT.

Sponsored By: Larry Lambert (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

Much higher daily fines for polluters

The law raises civil and administrative fines across DNREC programs to as high as $40,000 per day. Each day counts, and separate violations the same day can be fined separately. Many areas now carry $5,000–$40,000 per‑day civil penalties, including transfer facilities and other permits. Chapter 71 fines rise to $250–$2,500 per day, and to $1,000–$10,000 per day for willful or negligent acts. Refusing an order can cost up to $40,000 per day starting the day the Secretary decides, until you comply. Criminal fines are $500 per day for a first conviction and $5,000 per day for a repeat conviction within 10 years. Polluting a drinking‑water stream carries $5,000–$15,000 per violation. Some certifications can be fined $250–$5,000 per violation, with total daily fines capped at $40,000. Before an administrative penalty, the Secretary must give written notice, and you have 30 days to request a public hearing.

More penalty money for local projects

The law sends 40% of civil and administrative penalties to the Community Environmental Project Fund. At least 40% of certain criminal penalties also go to this Fund; the rest (about 60%) goes to DNREC. The Fund must focus on projects that help the area hit by the violation, with priority to projects within two miles. The Secretary may change these use or location rules only with approval from the OMB Director and the Controller General. DNREC spending of its share needs OMB and Controller General approval, with quarterly reports on projects.

Stronger rules for chronic polluters

The law lets DNREC fine chronic violators up to $40,000 per day for each violation. Separate violations on the same day can be fined separately. When the Board rules on chronic status, either side can appeal to Superior Court. DNREC and the Board must also consider if a case is an EPA High Priority Violation.

Sponsors & Cosponsors

Sponsor

  • Larry Lambert

    Democratic • House

Cosponsors

  • Stephanie T. Bolden

    Democratic • House

  • Frank Burns

    Democratic • House

  • Mara Gorman

    Democratic • House

  • Stephanie L. Hansen

    Democratic • Senate

  • Kerri Evelyn Harris

    Democratic • House

  • Debra Heffernan

    Democratic • House

  • Kamela T Smith

    Democratic • House

  • S. Elizabeth Lockman

    Democratic • Senate

  • Sean M. Lynn

    Democratic • House

  • Melissa Minor-Brown

    Democratic • House

  • Eric Morrison

    Democratic • House

  • DeShanna U Neal

    Democratic • House

  • Edward S. Osienski

    Democratic • House

  • Sophie Phillips

    Democratic • House

  • Marie Pinkney

    Democratic • Senate

  • Nicole Poore

    Democratic • Senate

  • Cyndie Romer

    Democratic • House

  • Melanie Ross Levin

    Democratic • House

  • Sherae'a Moore

    Democratic • House

  • Ray Seigfried

    Democratic • Senate

  • David P. Sokola

    Democratic • Senate

  • Bryan Townsend

    Democratic • Senate

  • Madinah Wilson-Anton

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 43 • No: 18

Senate vote • 7/1/2025

Passed (SM required)

Yes: 15 • No: 6

House vote • 6/25/2025

Passed (SM required)

Yes: 28 • No: 12

Actions Timeline

  1. Signed by Governor

    7/16/2025Governor

  2. Passed By Senate. Votes: 15 YES 6 NO

    6/30/2025Senate

  3. Reported Out of Committee (Environment, Energy & Transportation) in Senate with 4 Favorable, 1 On Its Merits

    6/25/2025Senate

  4. Assigned to Environment, Energy & Transportation Committee in Senate

    6/24/2025Senate

  5. Passed By House. Votes: 28 YES 12 NO 1 VACANT

    6/24/2025House

  6. Amendment HA 1 to HB 210 - Passed In House by Voice Vote

    6/24/2025House

  7. Amendment HA 1 to HB 210 - Introduced and Placed With Bill

    6/18/2025House

  8. Reported Out of Committee (Natural Resources & Energy) in House with 5 Favorable, 3 On Its Merits

    6/17/2025House

  9. Introduced and Assigned to Natural Resources & Energy Committee in House

    6/5/2025House

Bill Text

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