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DelawareHS 1 for HB 356153rd General Assembly (2024–2026)House

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

Sponsored By: Frank Burns (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

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

New limits on firefighting foam makers

Beginning January 1, 2028, Delaware bans making, knowingly selling, offering for sale, or distributing Class B foam with intentionally added PFAS. Class B foam fights flammable liquid fires; qualifying bulk petroleum facilities can obtain exemptions. Manufacturers must notify their Delaware sellers in writing about the law’s requirements by January 1, 2027. Delaware’s Department of Natural Resources and Environmental Control (DNREC) can request compliance certificates for firefighting foam or protective equipment. Manufacturers must provide them within 30 calendar days. Manufacturers face civil penalties up to $5,000 plus costs for a first violation and $10,000 plus costs for later violations. Collected penalties fund DNREC’s work under the law.

Petroleum facilities can share restricted foam

Bulk petroleum facilities can provide PFAS-containing Class B foam to another bulk petroleum facility or during mutual aid for a Class B fire. The aiding facility is protected from this law’s fines and penalties tied to releases or containment arising from that aid. A person at the facility providing aid must report foam use to DNREC within 24 hours after the event. The report must identify the foam, quantity, purpose, and event duration.

Petroleum facilities get limited foam exemptions

Beginning January 1, 2028, bulk petroleum facilities operating after that date can apply to DNREC for PFAS foam exemptions. DNREC reviews applications with Delaware’s Department of Health and Social Services. Exemptions can last five years, with two-year extensions, but cannot exceed 13 years total. Operators must provide clear and convincing evidence that no compliant, commercially available alternative can handle large atmospheric tank or emergency Class B fires. They must report annual amounts stored, used, or released and progress toward PFAS-free foam. They must show how releases are fully contained and how firewater, wastewater, runoff, and wastes stay out of soil and water systems. Anyone using exempt foam must report its identity, quantity, purpose, and event duration to DNREC within five business days.

Firefighting gear buyers get chemical notices

Beginning January 1, 2027, manufacturers or sellers must give buyers written notice when firefighting protective equipment contains PFAS. The notice must be given at sale and explain why PFAS was added. The rule covers sales to individuals, local governments, and state agencies. Manufacturers or sellers must keep notices for at least three years and provide them and related sales records to DNREC within 60 days of a request. Violations carry a $100 civil penalty per occurrence, with collected penalties funding DNREC’s work under the law.

Foam recalls repay buyers and retailers

By March 1, 2028, manufacturers must recall prohibited Class B firefighting foam and reimburse retailers or other purchasers. This requirement does not apply when the purchaser obtains a bulk petroleum facility exemption. Manufacturers must arrange safe transport and storage until DNREC identifies a safe disposal technology. They must document the foam’s amount and storage location and certify compliance to DNREC.

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

  • Melanie Ross Levin

    Democratic • House

  • Claire Snyder-Hall

    Democratic • House

  • John "Jack" Walsh

    Democratic • Senate

  • David L. Wilson

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 56 • No: 1

Senate vote • 6/30/2026

Passed (SM required)

Yes: 21 • No: 0

House vote • 6/9/2026

Passed (2/3 required)

Yes: 35 • No: 1

Actions Timeline

  1. Signed by Governor

    9/30/2026Governor

  2. Passed By Senate. Votes: 21 YES

    6/30/2026Senate

  3. Reported Out of Committee (Health & Social Services) in Senate with 7 On Its Merits

    6/24/2026Senate

  4. Assigned to Health & Social Services Committee in Senate

    6/9/2026Senate

  5. Passed By House. Votes: 35 YES 1 NO 5 ABSENT

    6/9/2026House

  6. Reported Out of Committee (Health & Human Development) in House with 10 On Its Merits

    5/14/2026House

  7. Adopted in lieu of the original bill HB 356, and Assigned to Health & Human Development Committee in House

    5/7/2026House

Bill Text

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