Delaware 150th General Assembly (2019-2020) Status: Enacted Bipartisan · 3 D · 1 R cosponsors

SB 113 — AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE HAZARDOUS SUBSTANCE CLEANUP ACT.

Last action — Signed by Governor

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

This bill has been enacted into law. Introduced May 29, 2019. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 10 sponsors

    2 primary, 8 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

This Act results from the Joint Legislative Oversight and Sunset Committee's review of the Hazardous Substance Cleanup Act Fund (“HSCA Fund”). Section 1 of the Act, which will take effect on January 1, 2021, provides that the Fund's 15% cap on administrative costs expenditures must be based on the average of the moneys deposited into the Fund over a period of the previous 10 fiscal years. The HSCA Fund tax assessment is due to expire on January 1, 2022. Section 2 of this Act removes the expiration date to ensure continued funding for the Brownfields Development Program and to address environmental liabilities assumed by the State.

Bill Text

What changed in the latest version

9 added · 32 removed

9 line(s) added, 32 removed.

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Lockman & Rep.
Lockman DELAWARE STATE SENATE 150th GENERAL ASSEMBLY SENATE AMENDMENT NO.
Bentz Sens.
1 TO SENATE BILL NO.
Delcollo, Hansen, Lopez, Walsh;
113 AMEND Senate Bill No.
Reps.
113 on line 12 by deleting “and before January 1, 2022,” and inserting in lieu thereof “and before January 1, 2022, 2029,”.
Bennett, Dorsey Walker, Spiegelman, Yearick DELAWARE STATE SENATE 150th GENERAL ASSEMBLY SENATE BILL NO.
SYNOPSIS This Amendment returns an expiration date for the HSCA Fund tax assessment and extends the date to January 1, 2029.
113 AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE HAZARDOUS SUBSTANCE CLEANUP ACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend § 9113, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 9113.
Hazardous Substance Cleanup Fund.
(d) No greater than 15 percent % of the average of moneys deposited into the Fund shall over the previous 10 fiscal years may be used for administering this chapter without approval of the Joint Finance Committee.
Section 2.
Amend § 9115, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 9114.
Tax assessment.
(a)(1) With regard to gross receipts received after December 31, 1990, and before July 1, 1993, there shall be added to the tax provided in §§ 2902(c)(3) and 2905(b)(1) of Title 30 an additional tax of .6% on all taxable gross receipts determined under §§ 2902 and 2905 of Title 30 derived from the sale of petroleum or petroleum products.
(3) With regard to gross receipts received after December 31, 2018, and before January 1, 2022, the rate of additional tax under this subsection is subject to annual adjustment based upon the total of moneys deposited into the Hazardous Substance Cleanup Fund ("Fund'') during the lookback period, as that term is defined in § 2122 of Title 30.
The Division of Finance shall calculate the annual adjustment under this paragraph (a)(3) in conjunction with the determination of gross receipts tax filing frequencies.
Section 3.
Section 1 of this Act takes effect on January 1, 2021.
SYNOPSIS This Act results from the Joint Legislative Oversight and Sunset Committee's review of the Hazardous Substance Cleanup Act Fund (“HSCA Fund”).
Section 1 of the Act, which will take effect on January 1, 2021, provides that the Fund's 15% cap on administrative costs expenditures must be based on the average of the moneys deposited into the Fund over a period of the previous 10 fiscal years.
The HSCA Fund tax assessment is due to expire on January 1, 2022.
Section 2 of this Act removes the expiration date to ensure continued funding for the Brownfields Development Program and to address environmental liabilities assumed by the State.
05/17/2019 10:42 AM 5081500084
06/13/2019 04:12 PM 5081500118
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends the Hazardous Substance Cleanup Act to clarify the calculation of the administrative cost cap and removes the expiration date for the tax assessment related to the Cleanup Fund.

  • § 9113

    No greater than 15 percent % of the average of moneys deposited into the Fund shall over the previous 10 fiscal years → No greater than 15 percent of the average of moneys deposited into the Fund over the previous 10 fiscal years

    This change clarifies the wording regarding the calculation of the administrative cost cap.

  • § 9114

    The tax assessment is due to expire on January 1, 2022.

    This change removes the expiration date for the tax assessment, ensuring continued funding for the Brownfields Development Program.

Action History

  1. Signed by Governor

  2. Passed By House. Votes: 41 YES

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

  4. Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

  5. Passed By Senate. Votes: 20 YES 1 ABSENT

  6. Amendment SA 1 to SB 113 - Passed By Senate. Votes: 20 YES 1 ABSENT

  7. Amendment SA 1 to SB 113 - Introduced and Placed With Bill

  8. Reported Out of Committee (Sunset) in Senate with 5 On Its Merits

  9. Introduced and Assigned to Sunset Committee in Senate

Sponsors

Sponsorship breakdown

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2 sponsors · 8 co-sponsors · 52 not signed on

Sponsors (2)

Co-sponsors (8)

Not signed on (52)

52 members have not signed on to this bill.

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"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 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17000
Democratic 12000
Republican 12000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
David Bentz — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Yea
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Raymond Seigfried — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn 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 Yea
Daniel B. Short Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

SM

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Democratic 9000
Republican 5000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Yea
Bruce C. Ennis — Yea
Catherine Cloutier — Not Voting
Colin Bonini — Yea
David B. McBride — Yea
Ernesto B Lopez — Yea
Harris B. McDowell — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman 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
Gerald W. Hocker Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 113 do?
This Act results from the Joint Legislative Oversight and Sunset Committee's review of the Hazardous Substance Cleanup Act Fund (“HSCA Fund”). Section 1 of the Act, which will take effect on January 1, 2021, provides that the Fund's 15% cap on administrative costs expenditures must be based on the average of the moneys deposited into the Fund over a period of the previous 10 fiscal years. The HSCA Fund tax assessment is due to expire on January 1, 2022. Section 2 of this Act removes the expiration date to ensure continued funding for the Brownfields Development Program and to address environmental liabilities assumed by the State.
Who sponsors SB 113?
SB 113 is sponsored by Lyndon D. Yearick (Republican), Stephanie L. Hansen (Democratic), S. Elizabeth Lockman (Democratic), John "Jack" Walsh (Democratic), David Bentz, Andria L. Bennett, Anthony Delcollo, Ernesto B Lopez, Sherry Dorsey Walker, and Jeffrey N. Spiegelman.
What is the current status of SB 113?
This bill has been enacted into law. Introduced May 29, 2019. Enacted.
Where can I track SB 113?
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