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Delaware HB 356 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING FOAM AND EQUIPMENT.

Delaware, 153. HB 356: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING FOAM AND EQUIPMENT.

HB 356153 sessionHouse

Plural source record ↗

Official legislative source ↗

Latest action

September 30, 2026 — Signed by Governor

Summary

This Act prohibits the sale of class B firefighting foam that contains intentionally added PFAS chemicals starting January 1, 2028. An exception is provided for a bulk petroleum facility, provided that the bulk petroleum facility applies to DNREC for a 5-year exemption. The exemption period may be extended for additional 2-year periods, up to a total of 13 years. If an exempt bulk petroleum facility uses foam containing PFAS chemicals, they must notify DNREC. Under this Act, a manufacturer must notify its customers in the State regarding the prohibition of firefighting foam containing PFAS chemicals by January 1, 2027. By March 1, 2028, the manufacturer must recall or reimburse purchasers, unless the purchaser is exempt as a bulk petroleum facility. The recall must include the safe transport and storage of PFAS-containing firefighting foam until the Department identifies a safe disposal technology. A manufacturer in violation of this Act is subject to a $5,000 civil penalty for a first offense and a $10,000 for a second, or subsequent offense. Finally, this Act requires that firefighting personal protective equipment (PPE) that contains PFAS chemicals be sold with a written notice that states that the PPE contains PFAS chemicals. The manufacturer or seller of the PPE must retain the written notice on file for at least 3 years from the date of transaction. Failure to provide written notice of PFAS chemicals in PPE will subject the manufacturer or seller to a civil penalty of $100 per occurrence. House Substitute 1 to HB 356 differs from HB 356 in the following ways: (1) It replaces the term “terminal” with the broader term “bulk petroleum facility” which clarifies those facilities that may apply for an exemption under this Act. (2) Clarifies the definition of PFAS or polyfluoroalkyl substances. (3) Extends the exemption period for bulk petroleum facilities from 1 to 5 years. (4) Provides additional 2-year extensions to the 5-year exemption period, so long as the total exemption period does not exceed 13 years. (5) Permits a bulk petroleum facility to use PFAS-containing firefighting foam to aid another facility. (6) Removes the requirement that DNREC assist state agencies and local governments in identifying and obtaining class B firefighting foam that does not contain PFAS chemicals.

Sponsors

Bill text

Bill Text Read version ↗ Read version ↗

Recorded votes

SM

June 30, 2026 · Senate · pass

yes: 21 · no: 0 · other: 0

Official vote source ↗
Individual member positions (21)
MemberVote
Darius J. Brownyes
Eric Bucksonyes
Daniel Cruceyes
Stephanie L. Hansenyes
Gerald W. Hockeryes
Kyra L. Hoffneryes
Russell Huxtableyes
Dave G. Lawsonyes
S. Elizabeth Lockmanyes
Spiros Mantzavinosyes
Trey Paradeeyes
Brian Pettyjohnyes
Marie Pinkneyyes
Nicole Pooreyes
Bryant L. Richardsonyes
Ray Seigfriedyes
David P. Sokolayes
Laura V. Sturgeonyes
Bryan Townsendyes
John "Jack" Walshyes
David L. Wilsonyes

2/3

June 9, 2026 · House · pass

yes: 35 · no: 1 · other: 5

Official vote source ↗
Individual member positions (41)
MemberVote
Alonna Berryyes
Stephanie T. Boldenyes
Frank Burnsyes
William Bushyes
William J. Carsonyes
Nnamdi O. Chukwuochayes
Richard G. Collinsyes
Franklin D. Cookeyes
Daniel B. Shortother
Timothy D. Dukesyes
Mara Gormanyes
Ronald E. Grayyes
Krista Griffithother
Kerri Evelyn Harrisyes
Debra Heffernanyes
Kevin S Hensleyother
Jeff Hilovskyno
Valerie Jones Giltneryes
Kendra Johnsonyes
Kimberly Williamsyes
Kamela T Smithyes
Larry Lambertyes
Sean M. Lynnyes
Michael F. Smithother
Melissa Minor-Brownyes
Shannon Morrisyes
Eric Morrisonyes
DeShanna U Nealyes
Josue O Ortegayes
Edward S. Osienskiyes
Sophie Phillipsyes
Charles S Postles Jr.other
Cyndie Romeryes
Melanie Ross Levinyes
Sherae'a Mooreyes
Bryan W. Shupeyes
Claire Snyder-Hallyes
Jeffrey N. Spiegelmanyes
Jesse R. Vanderwendeyes
Madinah Wilson-Antonyes
Lyndon D. Yearickyes

Legislative history

  1. Signed by Governor
  2. Passed By Senate. Votes: 21 YES
  3. Reported Out of Committee (Health & Social Services) in Senate with 7 On Its Merits
  4. Assigned to Health & Social Services Committee in Senate
  5. Passed By House. Votes: 35 YES 1 NO 5 ABSENT
  6. Reported Out of Committee (Health & Human Development) in House with 10 On Its Merits
  7. Adopted in lieu of the original bill HB 356, and Assigned to Health & Human Development Committee in House

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