DE HB 402
enactedAN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE CLEAN AIR ACT TITLE V OPERATING PERMIT PROGRAM.
Delaware · 2025-2026 Regular Session (153rd General Assembly) · lower
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Quick answers
Did DE HB 402 pass?
Yes. DE HB 402 has been enacted into law. Latest recorded action (2026-06-24): Signed by Governor
What is DE HB 402 about?
This Act extends the Clean Air Act Title V Operating Permit Program annual fees for facilities in Delaware, which have historically expired and been reauthorized by the General Assembly every 3 years. Existing statutory authorization to collect fees sunsets December 31, 2026. This legislation updates the fee assessments based on the work of the Title V Operating Permit Program Advisory Committee and makes additional clarifying updates. For 2027-2029, the total fee will be comprised of a base fee, user fee, and a program fee. Base fees are based on the number of staff hours spent on the source’s permitting, compliance, and enforcement activities, while the user fee is based on the source’s air emissions. The program fee will be assessed based on the total base and user fees. This Act authorizes the Department of Natural Resources and Environmental Control to collect Title V annual fees for calendar years 2027 through 2029 at which point the authority sunsets and would need to be reauthorized.
Who sponsors DE HB 402?
Kerri Evelyn Harris, Trey Paradee, Debra Heffernan are the primary sponsors of DE HB 402.
Description
This Act extends the Clean Air Act Title V Operating Permit Program annual fees for facilities in Delaware, which have historically expired and been reauthorized by the General Assembly every 3 years. Existing statutory authorization to collect fees sunsets December 31, 2026. This legislation updates the fee assessments based on the work of the Title V Operating Permit Program Advisory Committee and makes additional clarifying updates. For 2027-2029, the total fee will be comprised of a base fee, user fee, and a program fee. Base fees are based on the number of staff hours spent on the source’s permitting, compliance, and enforcement activities, while the user fee is based on the source’s air emissions. The program fee will be assessed based on the total base and user fees. This Act authorizes the Department of Natural Resources and Environmental Control to collect Title V annual fees for calendar years 2027 through 2029 at which point the authority sunsets and would need to be reauthorized.
- Introduced
- 2026-05-05
- Latest action
- 2026-06-24 — Signed by Governor
- Bill type
- bill
- Last updated
- —
Sponsors
- Kerri Evelyn Harrisprimary
- Trey Paradeeprimary
- Debra Heffernanprimary
Committees
Not provided by source.
Action timeline
Newest first
2026-06-24
Signed by Governor
executive-signature
2026-06-18
Passed By Senate. Votes: 20 YES 1 ABSENT
passage
2026-06-10
Reported Out of Committee (Environment, Energy & Transportation) in Senate with 1 Favorable, 5 On Its Merits
committee-passage,committee-passage-favorable
2026-05-21
Assigned to Environment, Energy & Transportation Committee in Senate
introduction,referral-committee
2026-05-21
Passed By House. Votes: 28 YES 11 NO 2 ABSENT
passage
2026-05-21
Lifted From Table in House
2026-05-19
Laid On Table in House
2026-05-13
Reported Out of Committee (Natural Resources & Energy) in House with 1 Favorable, 8 On Its Merits, 1 Unfavorable
committee-passage,committee-passage-favorable,committee-passage-unfavorable
2026-05-05
Introduced and Assigned to Natural Resources & Energy Committee in House
introduction,referral-committee
Versions
- Bill TextCompare
Documents
Votes
3/5
2026-05-21 · pass · 28-11
Member-level votes (41)
- Alonna Berry: yes
- Stephanie T. Bolden: yes
- Frank Burns: yes
- William Bush: yes
- William J. Carson: yes
- Nnamdi O. Chukwuocha: yes
- Richard G. Collins: no
- Franklin D. Cooke: yes
- Daniel B. Short: no
- Timothy D. Dukes: no
- Mara Gorman: yes
- Ronald E. Gray: no
- Krista Griffith: yes
- Kerri Evelyn Harris: yes
- Debra Heffernan: yes
- Kevin S Hensley: other
- Jeff Hilovsky: no
- Valerie Jones Giltner: no
- Kendra Johnson: yes
- Kimberly Williams: yes
- Kamela T Smith: yes
- Larry Lambert: yes
- Sean M. Lynn: yes
- Michael F. Smith: yes
- Melissa Minor-Brown: yes
- Shannon Morris: no
- Eric Morrison: yes
- DeShanna U Neal: yes
- Josue O Ortega: yes
- Edward S. Osienski: yes
- Sophie Phillips: yes
- Charles S Postles Jr.: no
- Cyndie Romer: yes
- Melanie Ross Levin: yes
- Sherae'a Moore: other
- Bryan W. Shupe: no
- Claire Snyder-Hall: yes
- Jeffrey N. Spiegelman: yes
- Jesse R. Vanderwende: no
- Madinah Wilson-Anton: yes
- Lyndon D. Yearick: no
3/5
2026-06-18 · pass · 20-0
Member-level votes (21)
- Darius J. Brown: yes
- Eric Buckson: yes
- Daniel Cruce: yes
- Stephanie L. Hansen: yes
- Gerald W. Hocker: yes
- Kyra L. Hoffner: yes
- Russell Huxtable: yes
- Dave G. Lawson: other
- S. Elizabeth Lockman: yes
- Spiros Mantzavinos: yes
- Trey Paradee: yes
- Brian Pettyjohn: yes
- Marie Pinkney: yes
- Nicole Poore: yes
- Bryant L. Richardson: yes
- Ray Seigfried: yes
- David P. Sokola: yes
- Laura V. Sturgeon: yes
- Bryan Townsend: yes
- John "Jack" Walsh: yes
- David L. Wilson: yes
Related bills
No related bills recorded for this bill.
Official source
Attribution
Data from openstates_api_sync, retrieved 2026-10-19T21:18:26.504501Z
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