Delaware 153rd General Assembly (2025-2026) Status: Passed House Bipartisan · 13 D · 4 R cosponsors

HB 356 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING FOAM AND EQUIPMENT.

Last action — Passed By Senate. Votes: 21 YES

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the House. Introduced May 07, 2026. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 74% · high confidence

  • Passed House

    Current position in the legislative process.

  • 17 sponsors

    17 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (13 D · 4 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

The bill bans PFAS chemicals in certain firefighting foam and equipment by 2028.

This Act prohibits the sale of firefighting foam with intentionally added PFAS chemicals starting January 1, 2028, with specific exemptions for bulk petroleum facilities. Manufacturers must inform customers of this ban and ensure proper disposal of PFAS foam.

What this means for you
  • Workers: Firefighters and related workers may benefit from improved safety information regarding PFAS in firefighting equipment.
  • Environment: This bill aims to reduce the environmental impact of harmful PFAS chemicals in firefighting practices.

Summary

This Act prohibits the sale of class B firefighting foam that contains intentionally added PFAS chemicals starting January 1, 2028. An exception is provided for a bulk petroleum facility, provided that the bulk petroleum facility applies to DNREC for a 5-year exemption. The exemption period may be extended for additional 2-year periods, up to a total of 13 years. If an exempt bulk petroleum facility uses foam containing PFAS chemicals, they must notify DNREC. Under this Act, a manufacturer must notify its customers in the State regarding the prohibition of firefighting foam containing PFAS chemicals by January 1, 2027. By March 1, 2028, the manufacturer must recall or reimburse purchasers, unless the purchaser is exempt as a bulk petroleum facility. The recall must include the safe transport and storage of PFAS-containing firefighting foam until the Department identifies a safe disposal technology. A manufacturer in violation of this Act is subject to a $5,000 civil penalty for a first offense and a $10,000 for a second, or subsequent offense. Finally, this Act requires that firefighting personal protective equipment (PPE) that contains PFAS chemicals be sold with a written notice that states that the PPE contains PFAS chemicals. The manufacturer or seller of the PPE must retain the written notice on file for at least 3 years from the date of transaction. Failure to provide written notice of PFAS chemicals in PPE will subject the manufacturer or seller to a civil penalty of $100 per occurrence. House Substitute 1 to HB 356 differs from HB 356 in the following ways: (1) It replaces the term “terminal” with the broader term “bulk petroleum facility” which clarifies those facilities that may apply for an exemption under this Act. (2) Clarifies the definition of PFAS or polyfluoroalkyl substances. (3) Extends the exemption period for bulk petroleum facilities from 1 to 5 years. (4) Provides additional 2-year extensions to the 5-year exemption period, so long as the total exemption period does not exceed 13 years. (5) Permits a bulk petroleum facility to use PFAS-containing firefighting foam to aid another facility. (6) Removes the requirement that DNREC assist state agencies and local governments in identifying and obtaining class B firefighting foam that does not contain PFAS chemicals.

Bill Text

Action History

  1. Passed By Senate. Votes: 21 YES

  2. Reported Out of Committee (Health & Social Services) in Senate with 7 On Its Merits

  3. Assigned to Health & Social Services Committee in Senate

  4. Passed By House. Votes: 35 YES 1 NO 5 ABSENT

  5. Reported Out of Committee (Health & Human Development) in House with 10 On Its Merits

  6. Adopted in lieu of the original bill HB 356, and Assigned to Health & Human Development Committee in House

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

17 sponsors · 0 co-sponsors · 45 not signed on · 1 voted No

Sponsors (17)

Co-sponsors (0)

None.

Not signed on (45)

45 members have not signed on to this bill.

Show all 45 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 15000
Republican 6000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Bryan Townsend Democratic Yea
Daniel Cruce Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Ray Seigfried Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Eric Buckson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

2/3

Passed 35 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 26001
Republican 9104
Total 35105
% of votes cast 85%2%0%12%
How each member voted (41)
Member Party Vote
Alonna Berry Democratic Yea
Claire Snyder-Hall Democratic Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Frank Burns Democratic Yea
Franklin D. Cooke Democratic Yea
Josue O Ortega Democratic Yea
Kamela T Smith Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Not Voting
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Mara Gorman Democratic Yea
Melanie Ross Levin Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Not Voting
Daniel B. Short Republican Not Voting
Jeff Hilovsky Republican Nay
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Not Voting
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Not Voting
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea
Valerie Jones Giltner Republican Yea

Official roll call →

Subjects

public-safety environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 356 do?
This Act prohibits the sale of class B firefighting foam that contains intentionally added PFAS chemicals starting January 1, 2028. An exception is provided for a bulk petroleum facility, provided that the bulk petroleum facility applies to DNREC for a 5-year exemption. The exemption period may be extended for additional 2-year periods, up to a total of 13 years. If an exempt bulk petroleum facility uses foam containing PFAS chemicals, they must notify DNREC. Under this Act, a manufacturer must notify its customers in the State regarding the prohibition of firefighting foam containing PFAS chemicals by January 1, 2027. By March 1, 2028, the manufacturer must recall or reimburse purchasers, unless the purchaser is exempt as a bulk petroleum facility. The recall must include the safe transport and storage of PFAS-containing firefighting foam until the Department identifies a safe disposal technology. A manufacturer in violation of this Act is subject to a $5,000 civil penalty for a first offense and a $10,000 for a second, or subsequent offense. Finally, this Act requires that firefighting personal protective equipment (PPE) that contains PFAS chemicals be sold with a written notice that states that the PPE contains PFAS chemicals. The manufacturer or seller of the PPE must retain the written notice on file for at least 3 years from the date of transaction. Failure to provide written notice of PFAS chemicals in PPE will subject the manufacturer or seller to a civil penalty of $100 per occurrence. House Substitute 1 to HB 356 differs from HB 356 in the following ways: (1) It replaces the term “terminal” with the broader term “bulk petroleum facility” which clarifies those facilities that may apply for an exemption under this Act. (2) Clarifies the definition of PFAS or polyfluoroalkyl substances. (3) Extends the exemption period for bulk petroleum facilities from 1 to 5 years. (4) Provides additional 2-year extensions to the 5-year exemption period, so long as the total exemption period does not exceed 13 years. (5) Permits a bulk petroleum facility to use PFAS-containing firefighting foam to aid another facility. (6) Removes the requirement that DNREC assist state agencies and local governments in identifying and obtaining class B firefighting foam that does not contain PFAS chemicals.
Who sponsors HB 356?
HB 356 is sponsored by David L. Wilson (Republican), John "Jack" Walsh (Democratic), Marie Pinkney (Democratic), Brian Pettyjohn (Republican), Russell Huxtable (Democratic), Claire Snyder-Hall (Democratic), Edward S. Osienski (Democratic), Eric Morrison (Democratic), Ray Seigfried (Democratic), Franklin D. Cooke (Democratic), Darius J. Brown (Democratic), Daniel B. Short (Republican), Shannon Morris (Republican), Spiros Mantzavinos (Democratic), William J. Carson (Democratic), Frank Burns (Democratic), and Melanie Ross Levin (Democratic).
What is the current status of HB 356?
This bill has passed the House. Introduced May 07, 2026. It now moves to the second chamber.
Where can I track HB 356?
Track HB 356 free on One Click Politics — get push/email alerts when it moves.

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