Environmental justice is a key part of our work at the Delaware Chapter. While we work to ensure justice and equity in all our work, these bills were of particular importance to the EJ communities and advocates that we work with across the state of Delaware. In June, our Environmental Justice Committee got the chance to learn about all of these environmental justice bills and take action!
HB 210 and HB 222: Increase fines for polluters and ensure 40% of the funding from fines goes to impacted communities
Final Status: HB 210 to Be Signed by Governor; HB 222 Awaits Final Vote in Senate
Sierra Club Work: For years, environmental justice communities, advocates, and organizations have sounded the alarm about the harm done by permit violations by commercial and industrial polluters. Bill sponsor Representative Larry Lambert had been working on a bill to increase accountability for permit violators for months before the Delaware City Refinery had an uncontrolled release of sulfur dioxide lasting for almost two weeks. This prompted several townhalls in the area and led to the swift introduction of the Pollution Accountability Act, House Bill 210. The original bill rightfully raised the fines for permit violations under Titles 3, 7, and 16 of the Delaware Code, which altogether capture commercial, industrial, and agricultural pollution.
During the House committee hearing, comments and questions by legislators focused on the small Title 3 portion of the bill, vastly overstating its impacts on small farms. Representatives from the Delaware Farm Bureau made claims that the $40,000 fines for major permit violations would put small farmers out of business, while also claiming that these violations were not happening. This double standard was also evident as the bill's opponents shifted from wanting the sponsor, Representative Lambert, to work with them on discussing the bill, to then demanding that the Title 3 portion of the bill be removed entirely.
Towards the end of the House Committee meeting, a motion to table the bill failed and the bill did not receive the necessary votes to move out of committee, requiring one more affirmative vote to proceed. This put the pressure on Representative Kerri Evelyn Harris, a co-sponsor of the bill, to add her vote to the bill and move it out of committee. After several emails from Sierra Club members and supporters, as well as fellow advocacy groups, and with the support of Speaker Melissa Minor-Brown, Rep. Harris voted in favor, and the bill moved forward.
Shortly thereafter, we learned about a proposed amendment to the bill that would remove the Title 3 portion and place it in a separate bill. The sponsor made it very clear in the compromise that HB 222 must be given full support in order for Title 3 to be removed from the original bill. Despite this compromise and the lowering of the maximum fine from $40,000 to $10,000, when the time came for HB 222 to be heard in the Senate Executive Committee, the Department of Agriculture did not support the bill and asked that it not move forward this session, putting it off until January.
Ultimately, HB 210 passed both the House and Senate with only one amendment, which removed the references to Title 3 and the Delaware Nutrient Management Coalition. HB 222 was never heard by the Senate and was not allowed to move forward, potentially as a deal to get the Bond Bill passed. We had over 80 emails sent in support of these bills by our members and supporters, and will continue to fight in the off session for protections for our environmental justice communities in Kent and Sussex County.
To be clear, our position during this whole process was that it is unacceptable for Title 3 to be left out of the conversation around pollution accountability. Now, more than ever, we stand in strong solidarity with communities from across the state who feel ignored in conversations about environmental justice and continued permit violations. In order to tell the story about environmental justice in Delaware, one must tell the stories of those impacted by the agricultural industry downstate and industrial pollution to the north. Nobody should have to live and raise their families near contaminated wells, like those in the towns of Blades and Millsboro, or breathe polluted air. There must be consequences for violating permits, which are one of the few tools community members have to monitor the environment around them.
SB72: Measure PFAS levels in public drinking water and compare them to maximum contamination levels
Final Status: Ready for Governor's Signature
Sierra Club Work: Last year, our Environmental Justice Committee held two meetings focused on the dangers of PFAS chemicals that are found in our land and water. These chemicals contaminate groundwater in Delaware, especially near legacy chemical plants, near fields where certain poultry waste is spread, and around the New Castle Airport and Dover Air Force Base, accumulating within the body and potentially causing cancer and other negative health impacts. SB 72 would create a public website where residents can view PFAS levels in public drinking water systems and would require the Division of Public Health to notify residents when their water exceeds maximum contamination levels. We were proud to provide public comment in support of the bill and are happy to see that it passed both the Senate and the House unanimously.
HB70: Requires rental units built before 1978 to be certified as lead-free or lead-safe by specific deadlines, establishes financial assistance for landlords, prohibits discrimination related to lead hazards, and mandates worker safety measures, with implementation contingent on regulatory and funding readiness.
Final Status: Ready for Governor's Signature
Sierra Club Work: For years, advocates have been working with the Childhood Lead Poisoning Prevention Advisory Committee to figure out how we address lead contamination across the state. In 2024, there was a bill filed, HB 452, that would require that all rental units constructed before January 1, 1978, are certified as lead-free or lead-safe by a specific deadline. Coming into 2025, we heard that a new bill, HB 70 was introduced but with several changes that seemed to favor landlords and make the bill almost unenforceable. When advocates sounded the alarm, we signed onto a letter to the bill sponsor to try and negotiate a stronger bill once more. Eventually, a substitute bill was created with several changes and amendments and HS 2 for HB 70 w/ HS 1 + SA 2 awaits the signature of the Governor.