HB 407: 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.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

House Substitute No. 1 for House Bill No. 407, like the original, does all of the following: clarifies the ability of the Department of Natural Resources and Environmental Control (DNREC) to respond to emergent situations, expands the jurisdiction from which DNREC may file to recover costs, and makes certain changes to amounts deposited into the Hazardous Substance Cleanup Act Fund. Section 1 provides definitions for “Abate,” “Emergency,” and “Removal Action.” Section 2 clarifies the ability of the Secretary or their authorized employees or agents to determine if an emergency exists and take immediate action to abate the emergency without obtaining public comment. Section 3 allows the Department to authorize removal actions to address releases without first obtaining public comment, and to incorporate the removal action into any proposed plan of remedial action by DNREC. Section 4 expands the jurisdiction of the courts which DNREC may bring enforcement actions and recover costs. Section 5 increases the civil penalty for each fraudulent act from up to $10,000 to $40,000. Section 6 extends the end date from January 1, 2029, to January 1, 2037, for monies to be deposited into the Hazardous Substance Cleanup Act Fund (the “Fund.”) Section 7 provides the effective date of this legislation. This Substitute differs from the original House Bill No. 407 in that it removes references to the realty transfer tax.

Sponsors

Sponsors by party (alphabetical): Democratic 11 · Republican 3

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. August 17, 2026Signed by Governor
2. June 25, 2026Passed By Senate. Votes: 21 YES
3. June 23, 2026Reported Out of Committee (Environment, Energy & Transportation) in Senate with 5 On Its Merits
4. June 18, 2026Assigned to Environment, Energy & Transportation Committee in Senate
5. June 18, 2026Passed By House. Votes: 40 YES 1 ABSENT
6. June 18, 2026Amendment HA 1 to HS 1 - Passed In House by Voice Vote
7. June 12, 2026Amendment HA 1 to HS 1 - Introduced and Placed With Bill
8. June 12, 2026Assigned to Ready List
9. June 11, 2026Adopted in lieu of the original bill HB 407, and Assigned to Appropriations Committee in House