Delaware 2025-2026 Regular Session

Delaware House Bill HB356

Introduced
4/9/26  
Introduced
5/7/26  
Refer
4/9/26  

Caption

An Act To Amend Title 16 Of The Delaware Code Relating To Pfas In Firefighting Foam And Equipment.

Impact

The passage of HB 356 would significantly alter the legal framework surrounding firefighting chemicals in Delaware. By restricting the use of PFAS in firefighting foam and personal protective equipment, the bill aims to mitigate environmental and health risks associated with these hazardous substances. Local governments and firefighting authorities will need to evaluate and transition to alternative firefighting foams, promoting a shift towards environmentally friendlier practices. The prescribed penalties for non-compliance underscore the seriousness with which the state is approaching the regulation of toxic substances within firefighting practices.

Summary

House Bill 356 aims to prohibit the manufacture, sale, and distribution of class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) starting January 1, 2028. The bill mandates that manufacturers notify their customers about this prohibition by January 1, 2027, and requires a complete recall of existing PFAS-containing foams by March 1, 2028. Additionally, manufacturers must provide safe transport and storage procedures for these foams until a safe disposal method is identified by the appropriate state department, increasing accountability among manufacturers regarding hazardous waste management.

Sentiment

The sentiment surrounding HB 356 is largely positive, particularly among environmental groups and public health advocates who view the legislation as a critical step towards reducing the risks posed by PFAS. Proponents argue that this bill addresses urgent public health concerns linked to these chemicals, as they have been found to contaminate water supplies and pose various health risks. Conversely, some members of the industry and local government officials are concerned about the implications of hastily phasing out PFAS-containing products and the potential challenges in finding effective alternatives in emergency situations.

Contention

While the bill enjoys support due to its public health benefits, notable contention arises regarding provisions that allow for temporary exemptions for certain establishments, particularly those involved in the terminal distribution of oil and petroleum products. Such exemptions raise concerns among environmentalists and stakeholders about the potential for continued use of harmful substances under specific conditions, which could undermine the bill's objectives. Moreover, the timeline for implementing these changes poses a challenge for manufacturers and distributors, who may require time and resources to adapt their operations.

Companion Bills

No companion bills found.

Previously Filed As

DE HB50

An Act To Amend Titles 7 And 29 Of The Delaware Code Relating To Energy Assistance.

DE SB86

An Act To Amend Title 29 Of The Delaware Code Relating To The Delaware Volunteer Fire Service Revolving Loan Fund.

DE SB260

An Act To Amend Title 14 Of The Delaware Code Relating To The Delaware Certificate Of Arts Excellence.

DE HB54

An Act To Amend Title 16 Of The Delaware Code Establishing The Office Of Suicide Prevention.

DE SB72

An Act To Amend Title 16 Of The Delaware Code Relating To Public Drinking Water Systems.

DE SB38

An Act To Amend Title 16 Of The Delaware Code Relating To Retired Law-enforcement Animals.

DE SB156

An Act To Amend Title 6 Of The Delaware Code Relating To The Medical Debt Protection Act.

DE SB159

An Act To Amend Title 26 Of The Delaware Code Relating To Public Utilities.

DE HB290

An Act To Amend Title 1 Of The Delaware Code Relating To Puerto Rico Day.

DE SB276

An Act To Amend Title 26 Of The Delaware Code Relating To Electric Utilities.

Similar Bills

NJ A1337

Permits fire departments to use certain Class B firefighting foam for one year after prohibition takes effect.

NC H570

Responsible Firefighting Foam Management Act

MT HB290

Regulate sales of certain products containing PFAs

TX HB13

Relating to creating the Texas Interoperability Council and a grant program administered by the council.

TX SB34

Relating to funding for certain volunteer fire departments, to the preparation for and the prevention, management, and potential effects of wildfires, and to emergency communications in this state.

RI H5019

Prohibits a manufacturer from manufacturing, knowingly selling, offering for sale, distributing for sale or distributing for use in the state any firefighting personal protective equipment containing intentionally-added PFAS as of January 1, 2027.

RI S0241

Prohibits a manufacturer from manufacturing, knowingly selling, offering for sale, distributing for sale or distributing for use in the state any firefighting personal protective equipment containing intentionally-added PFAS as of January 1, 2027.

MN SF2044

Remediation fund permissible usage allowing for PFAS contamination at emergency response training centers cost reimbursement provision and appropriation