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.
Summary
HB407 makes a series of changes to Delaware’s Hazardous Substance Cleanup Act and related funding provisions. It clarifies DNREC’s authority to investigate releases or threatened releases of hazardous substances, enter property for sampling and inspection, determine when an emergency exists, and take immediate action to abate that emergency without a court order when necessary. The bill also defines key terms such as “abate,” “emergency,” and “removal action,” and allows DNREC to authorize removal actions before public comment in urgent situations, with those actions later incorporated into a remedial plan.
The bill also expands DNREC’s enforcement tools. It allows the Department to file certain cost-recovery and enforcement actions in a court of competent jurisdiction rather than only Superior Court, and it increases the civil penalty for fraud in settlement agreements or remedy-completion applications from up to $10,000 to up to $40,000 per fraudulent act. In addition, it revises funding for the Hazardous Substance Cleanup Fund and Brownfields Grant Program by extending the petroleum-related tax funding period, updating the tax-rate formula, and requiring annual deposits of $8 million from the Realty Transfer Tax and at least $2 million from Hazardous Substance Cleanup Act funds for brownfields grants. The act takes effect July 1, 2026.
Impact
HB407 would amend Title 7 and Title 30 of the Delaware Code by broadening DNREC’s emergency response and enforcement authority, increasing penalties for fraud, and changing how cleanup and brownfields programs are financed. It affects potentially responsible parties, property owners, and regulated facilities by making emergency access and removal actions easier for the Department to initiate, while also expanding the state’s ability to recover cleanup and natural resource damages costs. The bill also changes the statutory funding structure for the Hazardous Substance Cleanup Fund and Brownfields Grant Program, including a longer tax collection period and a dedicated annual transfer from the Realty Transfer Tax.
Sentiment
The bill appears generally supportive of environmental cleanup enforcement and brownfields redevelopment, with a focus on giving DNREC clearer and faster authority to respond to hazardous releases and secure funding for remediation. The synopsis frames the measure as a clarification and strengthening of existing authority rather than a major policy shift, suggesting an overall pragmatic and administrative intent. No committee transcript or vote record was provided, so there is no documented recorded opposition or support beyond the bill’s sponsor-backed presentation.
Contention
The main potential points of contention are the expansion of DNREC’s emergency powers, the ability to act without prior public comment in urgent situations, the broader venue for enforcement actions, and the higher fraud penalty. Property owners, operators, and potentially responsible parties may view these changes as increasing regulatory exposure and reducing procedural protections, while environmental advocates and state officials are likely to support the faster response authority and stronger funding commitments. The funding changes, especially the dedicated Realty Transfer Tax allocation and the extended petroleum tax period, could also draw scrutiny from taxpayers or affected industries concerned about cost and duration.