Delaware 2025-2026 Regular Session

Delaware House Bill HB402

Introduced
5/5/26  
Refer
5/5/26  
Engrossed
5/21/26  

Caption

An Act To Amend Title 7 Of The Delaware Code Relating To The Clean Air Act Title V Operating Permit Program.

Impact

The bill specifically impacts statutes related to environmental regulation and compliance fees. By establishing a schedule for the annual fees through 2029, lawmakers aim to provide stability within the permits that regulate air quality and emissions. The fee structure will consist of a base fee, a user fee related to emissions, and a program fee to cover administrative costs associated with the Title V program. This structured approach may help maintain a more accurate and sustainable funding model while promoting compliance with environmental standards.

Summary

House Bill 402 amends Title 7 of the Delaware Code concerning the Clean Air Act Title V Operating Permit Program. This bill seeks to extend the annual fees imposed on facilities required to hold Title V or synthetic minor permits, which are mandated to be fully funded by the permit holders as per federal law. The adjustments are necessary as the current authorization for fee collection is set to expire at the end of 2026. HB402 includes provisions for the calculation of fees based on the emissions produced by the sources, thereby ensuring that the funding for the program remains effective and up-to-date with environmental standards.

Sentiment

The sentiment surrounding HB402 appears to be generally supportive among legislators who understand the importance of environmental regulation funding. However, there are concerns among some industries regarding the financial burden that continued fee assessments may place on facilities, particularly those already struggling with compliance costs. The sentiment reflects a balance between the necessity of environmental protections and the economic impacts on businesses that must navigate these regulations.

Contention

While the bill serves to ensure the continuation of the Clean Air Act's permit program, some stakeholders have raised concerns regarding the burden of increased fees on smaller facilities and the implications for their operational costs. The debate centers around the necessity of maintaining rigorous environmental controls against the potential financial strain on businesses, especially in economically volatile times. The specified fee increases being tied to the federal Consumer Price Index may also stir contrasting views on affordability and regulatory impact in future discussions.

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 HB210

An Act To Amend Titles 3, 7, And 16 Of The Delaware Code Relating To The Environment.

DE SB84

An Act To Amend Title 3 And Title 10 Of The Delaware Code Relating To Agricultural Operations.

DE HB116

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

DE HB98

An Act To Amend Title 4 And Title 16 Of The Delaware Code Relating To Alcohol And Marijuana.

DE SB260

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

DE HB157

An Act To Amend Title 16 Of The Delaware Code Relating To The Hearing Aid Loan Bank Program.

DE HB17

An Act To Amend Title 16 Of The Delaware Code Relating To Certificate Of Public Review.

DE HB48

An Act To Amend Titles 9, 21, And 22 Of The Delaware Code Relating To Accessible Parking Spaces.

DE SB9

An Act To Amend Title 7 Of The Delaware Code Relating To The Protection Of Wetlands.

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