DE HB171 | 2023-2024 | 152nd General Assembly


Completed Legislative Action
Spectrum: Partisan Bill (Democrat 4-0)
Status: Passed on July 21 2023 - 100% progression
Action: 2023-07-21 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]


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 three years. Existing statutory authorization to collect fees sunsets on December 31, 2023. 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 2024-2026, the total fee will be comprised of a base fee, user fee, and program fee. Base fees are based on the number of staff hours spent on the sources permitting, compliance, and enforcement activities, while the user fee is based on the sources 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 2024 through 2026, at which point the authority sunsets and would need to be reauthorized.

Tracking Information

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


Roll Calls

2023-06-27 - Senate - Senate Third Reading (Y: 20 N: 0 NV: 0 Abs: 1) [PASS]
2023-06-15 - House - House Third Reading (Y: 34 N: 0 NV: 0 Abs: 7) [PASS]


2023-07-21 Signed by Governor
2023-06-27 Passed By Senate. Votes: 20 YES 1 ABSENT
2023-06-21 Reported Out of Committee (Environment, Energy & Transportation) in Senate with 7 On Its Merits
2023-06-15 Assigned to Environment, Energy & Transportation Committee in Senate
2023-06-15 Passed By House. Votes: 34 YES 7 ABSENT
2023-06-07 Reported Out of Committee (Natural Resources & Energy) in House with 2 Favorable, 8 On Its Merits
2023-05-18 Introduced and Assigned to Natural Resources & Energy Committee in House

Delaware State Sources

Bill Comments