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DelawareHB 407153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLES 7 AND 30 OF THE DELAWARE CODE RELATING TO THE DELAWARE HAZARDOUS SUBSTANCES CLEANUP ACT AND THE REALTY TRANSFER TAX.

Sponsored By: Debra Heffernan (Democratic)

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 3 costs, 0 mixed.

Faster action at hazardous cleanup sites

Beginning July 1, 2026, Delaware's environmental agency can enter facilities without a court order to address emergencies. The Secretary must have good cause to believe an emergency exists. The agency no longer needs to show that the operator cannot or will not act. The Secretary can also authorize removal work when there is good cause to believe it is needed to protect people or the environment. The agency must include that work in any proposed cleanup plan.

Site owners can request sample shares

Beginning July 1, 2026, facility owners or operators can request a share of samples taken during state property investigations. They must ask in advance, and Delaware's environmental agency must split the sample with them. If the agency analyzes samples, it can share the results but is not required to.

Guaranteed funding for contaminated site grants

Beginning July 1, 2026, Delaware guarantees at least $10 million annually for the Brownfields Grant Program. This replaces the prior one-third annual allocation rule. At least $2 million comes from hazardous-substance cleanup funds. Another $8 million comes from realty transfer tax receipts, deposited into the cleanup fund specifically for brownfields grants.

Higher penalties for cleanup fraud

Beginning July 1, 2026, the maximum civil penalty for covered cleanup fraud rises from $10,000 to $40,000 per act. It applies when a potentially responsible party defrauds the Secretary or another potentially responsible party. Covered fraud involves a proposed settlement or an application certifying that cleanup is complete. Existing rules also remove otherwise applicable liability limits and let injured people recover actual damages.

Responsible parties face added cleanup costs

Beginning July 1, 2026, Delaware's environmental agency can seek cleanup collection costs from potentially responsible parties. These costs expressly include attorney fees and employee time when the agency incurs cleanup costs and seeks repayment. The agency can bring covered cases in any court with authority to hear them, rather than only Superior Court. Covered cases include cleanup costs, damage to natural resources, and enforcement of specified orders.

Petroleum sellers' tax adjustment lasts longer

Beginning July 1, 2026, the law extends annual adjustments to the additional tax on businesses' petroleum sales receipts. The formula covers taxable periods after December 31, 2018, through December 31, 2036. The rate equals 0.9% multiplied by $15 million divided by cleanup fund deposits during the statutory lookback period. The rate cannot fall below 0.675% or exceed 1.675%. This is a tax on business gross receipts, not a realty transfer tax rate.

Sponsors & Cosponsors

Sponsor

  • Debra Heffernan

    Democratic • House

Cosponsors

  • Frank Burns

    Democratic • House

  • Ronald E. Gray

    Republican • House

  • Stephanie L. Hansen

    Democratic • Senate

  • Jeff Hilovsky

    Republican • House

  • Kendra Johnson

    Democratic • House

  • Spiros Mantzavinos

    Democratic • Senate

  • Eric Morrison

    Democratic • House

  • Trey Paradee

    Democratic • Senate

  • Sophie Phillips

    Democratic • House

  • Ray Seigfried

    Democratic • Senate

  • Claire Snyder-Hall

    Democratic • House

  • Jeffrey N. Spiegelman

    Republican • House

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. HS 1 for HB 407 - Signed by Governor

    8/17/2026Governor

  2. HS 1 for HB 407 - Passed By Senate. Votes: 21 YES

    6/25/2026Senate

  3. HS 1 for HB 407 - Reported Out of Committee (Environment, Energy & Transportation) in Senate with 5 On Its Merits

    6/23/2026Senate

  4. HS 1 for HB 407 - Assigned to Environment, Energy & Transportation Committee in Senate

    6/18/2026Senate

  5. HS 1 for HB 407 - Passed By House. Votes: 40 YES 1 ABSENT

    6/18/2026House

  6. HS 1 for HB 407 - - Passed In House by Voice Vote

    6/18/2026House

  7. Substituted in House by HS 1 for HB 407

    6/12/2026House

  8. Substituted in House by HS 1 for HB 407

    6/11/2026House

  9. Assigned to Appropriations Committee in House

    5/14/2026House

  10. Reported Out of Committee (Natural Resources & Energy) in House with 4 Favorable, 5 On Its Merits

    5/13/2026House

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

    5/7/2026House

Bill Text

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