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DelawareHB 356153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING FOAM AND EQUIPMENT.

Sponsored By: Frank Burns (Democratic)

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 0 costs, 3 mixed.

Governments get help finding PFAS-free supplies

Beginning January 1, 2027, DNREC must help state agencies and local governments find and obtain Class B firefighting foam without intentionally added PFAS. It must also help them find PFAS-free firefighting protective gear to buy. The law provides purchasing assistance, not a direct household payment.

Firefighting foam ban and buyer refunds

Beginning January 1, 2028, manufacturers cannot make, knowingly sell or offer, or distribute Class B firefighting foam with intentionally added PFAS in Delaware, except under terminal exemptions. This foam fights flammable-liquid fires; manufacturers must notify their Delaware sellers in writing about the law by January 1, 2027. By March 1, 2028, manufacturers must recall prohibited foam and repay retailers and other purchasers. Recalls must provide safe transport and storage, with amounts and storage locations documented until safe disposal technology is identified; records go to Delaware's Department of Natural Resources and Environmental Control (DNREC). Manufacturer violations carry civil fines up to $5,000 plus costs initially and $10,000 plus costs for later violations; collections fund DNREC's work under the law.

Fuel terminals get limited foam exemptions

Beginning January 1, 2028, wholesale petroleum terminals can seek exemptions lasting no more than one year for emergency Class B fires. DNREC consults the Department of Health and Social Services and requires clear and convincing evidence that no commercially available PFAS-free foam can suppress a large atmospheric tank fire or emergency Class B fire there. Operators must disclose annual foam amounts stored, used, or released, report progress toward PFAS-free foam, and explain full containment of releases and firefighting waste to protect soil and water. Within five business days of use, users must report the foam's identity, quantity, total PFAS concentration, application, and fire duration to DNREC. The law does not restrict an exempt terminal from supplying foam to another terminal during a Class B fire.

Firefighting gear warnings and supplier checks

Beginning January 1, 2027, manufacturers or sellers must give buyers written notice at sale when firefighting protective gear contains PFAS. The notice must explain why PFAS was added and be kept for at least three years after the sale. Requested notices and related sales records must reach DNREC within 60 days. Manufacturers of firefighting foam or protective gear sold in Delaware must also certify product compliance within 30 calendar days of DNREC's request. Gear-rule violations carry a $100 civil fine per occurrence, with collections funding DNREC's work under the law.

Sponsors & Cosponsors

Sponsor

  • Frank Burns

    Democratic • House

Cosponsors

  • Darius J. Brown

    Democratic • Senate

  • William J. Carson

    Democratic • House

  • Franklin D. Cooke

    Democratic • House

  • Daniel B. Short

    Republican • House

  • Stephanie L. Hansen

    Democratic • Senate

  • Russell Huxtable

    Democratic • Senate

  • Kendra Johnson

    Democratic • House

  • Larry Lambert

    Democratic • House

  • Shannon Morris

    Republican • House

  • Eric Morrison

    Democratic • House

  • Edward S. Osienski

    Democratic • House

  • Brian Pettyjohn

    Republican • Senate

  • Marie Pinkney

    Democratic • Senate

  • John "Jack" Walsh

    Democratic • Senate

  • David L. Wilson

    Republican • Senate

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. HS 1 for HB 356 - Signed by Governor

    9/30/2026Governor

  2. HS 1 for HB 356 - Passed By Senate. Votes: 21 YES

    6/30/2026Senate

  3. HS 1 for HB 356 - Reported Out of Committee (Health & Social Services) in Senate with 7 On Its Merits

    6/24/2026Senate

  4. HS 1 for HB 356 - Assigned to Health & Social Services Committee in Senate

    6/9/2026Senate

  5. HS 1 for HB 356 - Passed By House. Votes: 35 YES 1 NO 5 ABSENT

    6/9/2026House

  6. HS 1 for HB 356 - Reported Out of Committee (Health & Human Development) in House with 10 On Its Merits

    5/14/2026House

  7. Substituted in House by HS 1 for HB 356

    5/7/2026House

  8. Introduced and Assigned to Health & Human Development Committee in House

    4/9/2026House

Bill Text

Related Bills

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