Bill Text: DE HB477 | 2025-2026 | 153rd General Assembly | Draft
Bill Title: An Act To Amend Titles 7 And 16 Of The Delaware Code Relating To Lead Paint On Outdoor Facilities.
Sponsorship: Partisan Bill (Democrat 4)
Status: (Introduced) 2026-06-18 - Introduced and Assigned to Natural Resources & Energy Committee in House [HB477 Detail]
Download: Delaware-2025-HB477-Draft.html
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SPONSOR: |
Rep. Lambert & Sen. Cruce & Sen. Walsh |
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 477
AN ACT TO AMEND TITLES 7 AND 16 OF THE DELAWARE CODE RELATING TO LEAD PAINT ON OUTDOOR FACILITIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 9104, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 9104. Secretary’s powers and duties.
(a) The Secretary may exercise the following powers in addition to any other powers granted by law:
(1) The Secretary shall take any actions necessary to carry out the provisions of this chapter, including but not limited to adoption of emergency or interim regulations, when immediate promulgation of regulations is necessary to implement this chapter prior to the adoption of final regulations.
(2) The Secretary shall, after notice and public hearing, promulgate and revise such regulations as deemed necessary for the implementation, administration and enforcement of this chapter. Such regulations may include provisions waiving or limiting the applicability of this chapter which the Secretary determines to be adequately regulated by state or federal statute or regulation.
(3) The Secretary may, after notice and public hearing, exempt certain facilities or properties or classes of facilities or properties from the provisions of this chapter upon finding that these facilities or properties do not pose an imminent threat to public health or welfare or the environment.
(4) The Secretary shall plan, study or conduct, or order a potentially responsible party to plan, study or conduct, appropriate actions to remedy a release or imminent threat of release.
(d) Notwithstanding paragraphs (a)(2) and (a)(3) of this section, the Secretary may not exclude or exempt facilities with lead-based paint on outdoor structures from the requirements of this chapter. For purposes of this subsection, “facilities with lead-based paint on outdoor structures” means those outdoor structures covered by Chapter 30M of Title 16.
Section 2. Amend Chapter 30M, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3001M. Purpose.
The purpose of this chapter is to do the following:
(1) Reduce reduce risks to public health and welfare by banning the use of lead paints on outdoor structures in Delaware.
(2) Reduce risks to public health and welfare by preventing the release of lead from existing outdoor structures into the environment.
(3) Ensure owners of structures that contain lead paint comply with the Delaware Hazardous Substances Cleanup Act and prevent, minimize, and mitigate the release of lead into the environment.
§ 3002M. Definitions.
For purposes of this chapter, the following terms shall have the meanings defined in this section:
(1) “Hazardous substance” means as defined in § 9103 of Title 7.
(1) (2) “Lead paint” means paint containing lead or lead compounds and in which the lead is in excess of 90 parts per million (ppm) by weight of the total nonvolatile content of the paint or the weight of the dried paint film.
(2) (3) “Outdoor structure” means any manmade permanent or semi-permanent structure or assemblage of parts, some or all of the surface of which is exposed to rain, snow, sunlight, humidity, or other outdoor forces of nature. Outdoor structures include bridges, water towers, pipes, playground equipment, highways, parking lots, guard rails, and poles or towers used in the transmission of telephone, internet, or electric power.
(4) “Owner” means as defined in § 9103 of Title 7.
(3) (5) “Paint” means varnishes, lacquers, enamels, glazes, primers, or other surface-coating materials used for any purpose; and is typically a mixture of resins, pigments, fillers, solvents, and other additives that constitute a finished product.
(4) (6) “Person” means an individual, partnership, corporation, association, nonprofit, or governmental entity.
(7) “Release” means as defined in § 9103 of Title 7 and includes the deterioration, flaking, chipping, sanding, chalking, or leaching of lead-based paint from an outdoor structure into the environment.
(8) “Remedial action” means as defined in § 9103 of Title 7.
§ 3003M-A. Hazardous Substances Cleanup Act.
(a) Any owner of an outdoor structure that contains lead paint is subject to the Delaware Hazardous Substances Cleanup Act under Chapter 91 of Title 7 and must take all reasonable steps to prevent the release of lead into the environment.
(b) Before [2 years after the effective date of this Act], owners must conduct an initial lead paint risk assessment of the owner’s outdoor structures using a licensed lead inspector.
(c) An owner who discovers through inspection that the owner’s outdoor structure has deteriorating lead paint that poses an imminent threat of release must report the results of the inspection to the Department of Health and Social Services and the Department of Natural Resources and Environmental Control within 30 days.
(d) Following a report under subsection (c) of this section, owners must submit a remedial action plan to the Department of Health and Social Services and the Department of Natural Resources and Environmental Control that describes the remedial action the owner will implement to prevent the release of lead into the environment.
(e) An owner subject to this section may apply to the Department of Natural Resources and Environmental Control’s Voluntary Cleanup Program.
§ 3004M. Penalties and enforcement.
(a) The Secretary of Department of Health and Social Services, or the Director of the Division of Public Health, Secretary of the Department of Natural Resources and Environmental Control, or their designee shall enforce this chapter.
(b) Whoever violates this chapter or any rule or regulation duly promulgated thereunder, shall be punishable as follows by assessed an administrative penalty imposed of not more than $10,000 per day for each completed violation. Each day of continued violation shall be considered as a separate violation.
SYNOPSIS
This Act requires that the Delaware Hazardous Substance Cleanup Act (HSCA) include facilities with lead-based paint on outdoor structures. Current DNREC regulations specifically exempts facilities where the sole contaminant is lead-based paint and the Department determines the facility is appropriately regulated and adequately addressed by another state or federal agency, statute, or regulation. By bringing these facilities under the HSCA, contaminated outdoor structures would be eligible for DNREC’s Voluntary Cleanup Program, which provides a framework to enforce the provisions of Chapter 30M of Title 16, relating to the prohibition of lead-based paint on outdoor structures.
This Act also requires owners of existing structures with lead-based paint to assess the lead-based paint hazard on the owner’s structure within 2 years of the effective date of this Act. The assessment must be done by a licensed lead inspector and if a hazard is found, a report must be submitted to DHSS and DNREC and a remedial action plan must be implemented. It further clarifies that DNREC, in addition to DHSS, has enforcement authority over Chapter 30M of Title 16, relating to lead-based paint on outdoor structures.
