SB 72 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PUBLIC DRINKING WATER SYSTEMS.

SYNOPSIS(6) This“Public Amendmentdrinking provideswater thatsystem” ifmeans theas U.S.defined in § 6002 of Title 7.

Environmental§ Protection3003R. Agency (“EPA”) adopts an MCL that is lower than an MCL established by this Act, the lower MCL established by the EPA will become the MCL for this State.

ThisPFAS Amendmentreporting alsoand changesnotification. the effective date of Senate Bill No.

72(a) fromThe 90Division daysshall afterdevelop enactmentand maintain a user-friendly website that the public may access to Januaryfind 15,the 2026.level of PFAS in each public drinking water system in this State.

The website must meet all of the following requirements:

(1) Be accessible using a prominently displayed link on the home page of the Office of Drinking Water’s website.

(2) Include a chart or a link to a chart showing the MCL thresholds so that users can see how their public drinking water system’s PFAS levels compare to the MCLs.

(3) Include PFAS levels for every public drinking water system, to the extent that such information is available to the Division.

Where PFAS levels are not available to the Division, the website must indicate the approximate date on which PFAS levels will be available online and must post the PFAS levels online as soon as they are available.

(b) If, while monitoring PFAS for purposes of compliance with this chapter, the Division finds PFAS in a public drinking water system that exceed the MCLs, the Division must promptly notify the water utility company in charge of the affected public drinking water system.

(c) Upon receiving notification from the Division that a PFAS MCL has been exceeded in a public drinking water system, the water utility company that operates that public drinking water system must provide prompt notice of the excess PFAS levels to all Delaware residents who receive water from that system.

(d) The notice under subsection (c) of this section must meet all of the following requirements:

(1) Be sent through the U.S.

Postal Service to the address at which the resident is receiving the water from the public drinking water system.

(2) Include a brochure that the Division shall develop that explains PFAS and includes a chart showing the MCLs.

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03/13/2025 11:10 AM (3) Inform the resident that PFAS in excess of the MCLs have been detected in the resident’s water supply.

(4) Provide the exact level of each PFAS chemical that exceeds the MCLs.

Section 2.

Amend § 122, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 122.

Powers and duties of the Department of Health and Social Services [For application of this section, see 84 Del.

Laws, c.

434, § 4].

The Department shall have the following general powers and duties:

(3) Adopt, promulgate, amend, and repeal regulations consistent with law, which regulations shall not extend, modify or conflict with any law of this State or the reasonable implications thereof, and which shall be enforced by all state and local public health officials, to do all of the following:

c.

Provide for the sanitary protection of all drinking water supplies which are furnished to and used by the public, including the establishment of primary maximum contaminant levels, operational requirements and public notice requirements.

Primary maximum contaminant levels mean a maximum contaminant level which involves a biological, chemical or physical characteristic of drinking water that may adversely affect the health of the consumer.

A public water supplier means any person who owns or operates 1 or more public water systems.

A public water system means a water supply system for the provision to the public of water for human consumption through pipes or other constructed conveyances either directly from the user’s free-flowing outlet or indirectly by the water being used to manufacture ice, foods and beverages or that supplies water for potable or domestic purposes to employees, tenants, members, guests or the public at large in commercial offices, industrial areas, multiple dwellings or semi-public buildings including, but without limitation, rooming and boarding houses, motels, tourist cabins, mobile home parks, restaurants, hospitals and other institutions, or offers any water for sale for potable domestic purposes.

A dwelling unit means 1 or more rooms arranged for the use of 1 or more individuals as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.

A person shall include corporations, companies, associations, firms, municipally owned water utilities, partnerships, societies and joint stock companies, as well as individuals.

In addition, the following provisions shall apply:

8.

PFAS in public drinking water systems mandatory reporting.

The Department shall implement and enforce the provisions of this title regarding perfluoroalkyl and polyfluoroalkyl substances, also known as PFAS or forever chemicals, in public drinking water systems.

Section 3.

The Division may promulgate regulations to implement and enforce Chapter 30R of Title 16.

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03/13/2025 11:10 AM Section 4.

This Act takes effect 90 days after its enactment into law.

Section 5.

This Act may be cited as “The Forever Chemicals Mandatory Reporting Act”.

SYNOPSIS This Act requires the Division of Public Health (“Division”) to create a website where Delaware residents can find out the level of PFAS, also known as “forever chemicals,” in their public drinking water systems.

This Act also requires the Division to notify public water utilities if the PFAS in their water exceeds certain limits, known as maximum containment levels, or MCLs.

Water companies receiving this notice from the Division must then notify their customers that the PFAS levels in their water exceed the MCLs.

There is a growing body of evidence suggesting that PFAS, which are a class of chemicals that do not break down naturally, are linked to certain cancers, liver problems, thyroid issues, low birth weights and birth defects, decreased immunity, and other serious health issues.

Children may be particularly susceptible to negative health outcomes from PFAS exposure, with some research linking high PFAS levels in children to developmental problems and reduced effectiveness of vaccines.

Although Delaware is currently working toward making PFAS information available to consumers as required by the U.S.

Environmental Protection Agency, the federal rule that requires water systems to report on PFAS does not require them to do so until 2027, and water systems will not face consequences for exceeding MCLs until 2029.

By providing everyone who uses public drinking water systems with the ability to determine the level of PFAS in their water prior to 2027, and to be notified when levels exceed MCLs, this Act empowers Delaware residents to advocate for safer water.

This Act takes effect 90 days after its enactment into law.

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