DelawareHS 1 for HB 407153rd General Assembly (2024–2026)House

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)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

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

Faster state action on toxic emergencies

Beginning July 1, 2026, Delaware officials can enter facilities without a court order to address hazardous-substance emergencies. They must have good cause to believe an emergency exists, and their action must be immediately necessary. They no longer need to show that the facility 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 Department must include that work in any proposed cleanup plan.

Dedicated funding for contaminated site redevelopment

For years starting January 1, 2027, through December 31, 2036, one-third of Delaware cleanup fund deposits must support the Brownfields Development Program. This reserves money for work on contaminated sites and their redevelopment. It does not create a direct household payment.

Facility operators gain sample access rights

Beginning July 1, 2026, facility owners or operators who ask in advance must receive a portion of an investigation sample. This lets them obtain their own part of the sample collected by state officials. If the sample is analyzed, officials may share the results with the owner or operator; sharing results is not required.

Higher penalties for cleanup-related fraud

Beginning July 1, 2026, covered cleanup fraud carries a maximum civil penalty of $40,000 per act, up from $10,000. This applies when a potentially responsible party defrauds the Secretary or another potentially responsible party in a proposed settlement or cleanup-completion application. The fraud also cancels any otherwise applicable limit on liability. The party can owe actual damages to an injured party in addition to the civil penalty.

Responsible parties face broader cleanup claims

Beginning July 1, 2026, Delaware can seek cleanup costs, natural-resource damages, and enforcement in any court authorized to hear the case. Parties liable for cleanup costs can also face claims for the state's cost-recovery expenses, including attorney fees and employee time. The law sets no fixed amount for these expenses. Court-approved cleanup agreements can be filed in Superior Court or the Court of Chancery. Proposed agreements require at least 20 days for public comment before court approval.

Petroleum sellers face longer cleanup tax

Beginning July 1, 2026, the annual adjustment period for the additional petroleum sales tax extends through December 31, 2036. The tax applies to sellers' taxable gross receipts from petroleum or petroleum products. For taxable periods starting in 2019 through 2026, the rate equals 0.9% multiplied by $15 million divided by cleanup fund deposits during the statutory lookback period. That rate has a 0.675% minimum and a 1.675% maximum. The provision does not specify the rate formula for periods starting after December 31, 2026.

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
Larry Lambert
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

All Roll Calls

Yes: 61 • No: 0

Senate vote • 6/25/2026

Passed (SM required)

Yes: 21 • No: 0

House vote • 6/18/2026