Bill Text: DE HB163 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Chapter 326, Volume 67 And Chapter 353, Volume 72 Of The Laws Of Delaware And Title 7 Of The Delaware Code Relating To The Delaware Hazardous Substance Cleanup Act.
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Passed) 2011-07-07 - Signed by Governor [HB163 Detail]
Download: Delaware-2011-HB163-Draft.html
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SPONSOR: |
Rep. Heffernan & Rep. Keeley & Sen. McBride |
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Reps. Brady, Q. Johnson, Longhurst, Miro, Mitchell, Viola; Sens. Ennis, McDowell |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 163 |
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AN ACT TO AMEND CHAPTER 326, VOLUME 67 AND CHAPTER 353, VOLUME 72 OF THE LAWS OF DELAWARE AND TITLE 7 OF THE DELAWARE CODE RELATING TO THE DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT. |
Section 1.Amend Section 2 and Section 3, Chapter 353, Volume 72 of the Laws of Delaware by striking the entirety of those sections.
Section 2.Amend Section 6, Chapter 326, Volume 67 of the Laws of Delaware by striking the entirety of that section, as amended, and substituting in lieu thereof the following:"Sections 1 and 2 of this Act shall be effective upon enactment into law.Sections 3, 4 and 7 of this Act shall be effective with respect to all receipts occurring after December 31, 1990.".
Section 3.Amend §9114(a), Title 7 of the Delaware Code by striking the words "January 1, 2012" and substituting in lieu thereof "January 1, 2022".
Section 4.Amend §9114(a), Title 7 of the Delaware Code by striking the phrase ", and before January 1, 2015,".
Section 5.If any clause, sentence, section, provision or part of this Act shall be adjudged to be unconstitutional or invalid for any reason by any court of competent jurisdiction, such judgment shall not impair, invalidate, or affect the remainder of this Act, which shall remain in full force and effect.
SYNOPSIS
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This Act eliminates the sunset provisions of the Delaware Hazardous Substance Cleanup Act.The Hazardous Substance Cleanup Act was enacted by the General Assembly in 1990 and re-authorized in 2000.During its time, the Act has enabled the Department of Natural Resources and Environmental Control to assist with the clean-up of 21 federal Superfund sites and 204 state-led sites, contribute to the revitalization of 155 Brownfield properties, and close 187 leaking underground storage tank locations.The Act also supports emergency response efforts for hazardous chemical spills. This Act removes the sunset provisions relating to the Act.The ten-year sunset provisions for the financing of the Hazardous Substance Cleanup Fund would be retained with a new sunset date in 2022.In addition, the exemption for transactions among petroleum wholesalers enacted in 2007, which is currently scheduled to expire on January 1, 2015, would be extended indefinitely. |
