Delaware 149th General Assembly (2017-2018) Status: Enacted Bipartisan · 3 D · 3 R cosponsors

HB 451 — AN ACT TO AMEND TITLE 7 RELATING TO THE HAZARDOUS SUBSTANCE CLEANUP ACT.

Last action — Signed by Governor

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

This bill has been enacted into law. Introduced June 12, 2018. Enacted.

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 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 9 sponsors

    2 primary, 7 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 D · 3 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.

Summary

This Act stabilizes revenue for the Hazardous Substances Cleanup Act ("HSCA") Fund ("the Fund") by minimizing the wide swings in revenue due to oil prices changes. Under this Act, the Department of Natural Resources and Environmental Control ("the Department") is prevented from receiving a revenue windfall when oil prices rise, while minimum funding for the Brownfields Grant Program is protected when oil prices are low. The legislation ties HSCA funding to a median benchmark and authorizes the Division of Revenue to adjust the tax rate up or down for the following year to smooth the revenue stream and avoid the roller coaster effect of oil price changes. This Act caps the HSCA tax rate at 1.675% and allows the lowest rate to drop to .675%, versus the current HSCA rate of .9%. This Act sets aside a minimum of $5,000,000 annually in HSCA funds for the Brownfields Grant Program, which has leveraged private investment of 16 times the public funds expended in cleaning up polluted sites and returning them to productive use, generating jobs and tax revenue.

Bill Text

Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 13 YES 8 NO

  3. Lifted From Table in Senate

  4. Laid On Table in Senate

  5. Assigned to Environmental, Natural Resources & Energy Committee in Senate

  6. Passed By House. Votes: 40 YES 1 ABSENT

  7. Amendment HA 1 to HB 451 - Passed In House by Voice Vote

  8. Amendment HA 1 to HB 451 - Introduced and Placed With Bill

  9. Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 4 On Its Merits

  10. Introduced and Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

Sponsors

Sponsorship breakdown

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2 sponsors · 7 co-sponsors · 53 not signed on · 7 voted No

Sponsors (2)

Co-sponsors (7)

Not signed on (53)

53 members have not signed on to this bill.

Show all 53 →

"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

3/5

Passed 13 Yea · 8 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8400
Democratic 5000
Republican 0400
Total 13800
% of votes cast 62%38%0%0%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Yea
Brian J. Bushweller — Yea
Bruce C. Ennis — Yea
Catherine Cloutier — Yea
Colin Bonini — Nay
David B. McBride — Yea
Ernesto B Lopez — Nay
F. Gary Simpson — Nay
Gregory F. Lavelle — Nay
Harris B. McDowell — Yea
Margaret Rose Henry — Yea
Robert Marshall — Yea
Bryan Townsend Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Nicole Poore Democratic Yea
Stephanie L. Hansen Democratic Yea
Brian Pettyjohn Republican Nay
Bryant L. Richardson Republican Nay
Dave G. Lawson Republican Nay
Gerald W. Hocker Republican Nay

Official roll call →

3/5

Passed 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 25000
Democratic 7000
Republican 8001
Total 40001
% of votes cast 98%0%0%2%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Bryon H. Short — Yea
Charles Potter Jr. — Yea
David Bentz — Yea
Deborah Hudson — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Yea
Harvey R. Kenton — Yea
Helene M. Keeley — Yea
James Johnson — Yea
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Joseph E. Miro — Yea
Melanie George Smith — Yea
Michael Mulrooney — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
William R. Outten — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Kimberly Williams Democratic Yea
Sean M. Lynn Democratic Yea
Stephanie T. Bolden Democratic Yea
Trey Paradee Democratic Yea
William J. Carson Democratic Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
David L. Wilson Republican Yea
Jeffrey N. Spiegelman Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Not Voting
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

taxation environment
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Frequently asked questions

What does HB 451 do?
This Act stabilizes revenue for the Hazardous Substances Cleanup Act ("HSCA") Fund ("the Fund") by minimizing the wide swings in revenue due to oil prices changes. Under this Act, the Department of Natural Resources and Environmental Control ("the Department") is prevented from receiving a revenue windfall when oil prices rise, while minimum funding for the Brownfields Grant Program is protected when oil prices are low. The legislation ties HSCA funding to a median benchmark and authorizes the Division of Revenue to adjust the tax rate up or down for the following year to smooth the revenue stream and avoid the roller coaster effect of oil price changes. This Act caps the HSCA tax rate at 1.675% and allows the lowest rate to drop to .675%, versus the current HSCA rate of .9%. This Act sets aside a minimum of $5,000,000 annually in HSCA funds for the Brownfields Grant Program, which has leveraged private investment of 16 times the public funds expended in cleaning up polluted sites and returning them to productive use, generating jobs and tax revenue.
Who sponsors HB 451?
HB 451 is sponsored by Stephanie T. Bolden (Democratic), John "Jack" Walsh (Democratic), Brian Pettyjohn (Republican), David P. Sokola (Democratic), Timothy D. Dukes (Republican), Jeffrey N. Spiegelman (Republican), Gerald L. Brady, Andria L. Bennett, and Anthony Delcollo.
What is the current status of HB 451?
This bill has been enacted into law. Introduced June 12, 2018. Enacted.
Where can I track HB 451?
Track HB 451 free on One Click Politics — get push/email alerts when it moves.

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