Delaware 151st General Assembly (2021-2022) Status: Passed Senate Bipartisan · 12 D · 8 R cosponsors

SB 63 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIREFIGHTING.

Last action — Assigned to Public Safety & Homeland Security Committee in House

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

This bill died with 151st General Assembly (2021-2022). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

This Act limits the use of certain Class B firefighting foams (“Class B foams”) in Delaware. Class B foams are used to put out fires caused by flammable liquids like gasoline, oil, and jet fuel, and can be divided into 2 categories: those with PFAS chemicals and those without. PFAS chemicals include a range of chemistries with differing properties, which have been widely-used for decades in products other than Class B foams, like food packaging, carpets, and other household items, and in firefighting foam. The use of firefighting foams containing PFAS chemicals, however, is an emerging public health challenge to avoid future contamination and reduce exposure to firefighters and Delawareans. Firefighting foam containing PFAS chemicals can get into water wells and drinking water supplies and expose firefighters and others to the chemicals. More studies into the effects of PFAS chemicals are emerging; some of the health effects of exposure to certain PFAS chemicals include pregnancy complications, liver damage, and high cholesterol. The PFAS chemicals in firefighting foams must be weighed against their particularly-effective nature in fighting liquid fires when mixed with water. To that end, this Act prohibits the use of Class B foams containing intentionally-added PFAS chemicals unless the use is for fire prevention or emergency firefighting. Further, this Act permits the use of such foam for training and testing only if the facility in which the training or testing occurs has implemented containment, treatment, and disposal measures to prevent releases of Class B foams containing PFAS chemicals. This Act also makes technical changes to Part IV of Title 16, to reflect its current structure more accurately.

Bill Text

What changed in the latest version

59 added · 9 removed

59 line(s) added, 9 removed.

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Ennis DELAWARE STATE SENATE 151st GENERAL ASSEMBLY SENATE AMENDMENT NO.
Ennis & Sen.
1 TO SENATE BILL NO.
Townsend & Rep.
63 AMEND Senate Bill No.
Mitchell & Rep.
63 on line 27 by deleting “in response to emergency fire-fighting operation” as it appears therein and inserting in lieu thereof the following:
D.
“in emergency fire-fighting or fire prevention operations, including cleaning or maintenance of equipment in connection therewith”.
Short & Rep.
SYNOPSIS This Amendment clarifies a circumstance that this Act may not be construed to restrict.
Heffernan & Sen.
Pinkney & Rep.
Carson Sens.
Hocker, Lawson, Lockman, Mantzavinos, S.
McBride, Pettyjohn, Poore, Sokola, Wilson;
Reps.
Bennett, Cooke, Dorsey Walker, Gray, Griffith, Minor- Brown, Osienski, Ramone, Michael Smith, Yearick DELAWARE STATE SENATE 151st GENERAL ASSEMBLY SENATE BILL NO.
63 AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIREFIGHTING.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend Part VI, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Part VI.
Safety.
Chapter 66.
Fire Prevention and Firefighters.
Chapter 66A.
Subchapter VIII.
Delaware Firemen’s Pension Plan.
Section 2.
Amend Part VI, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Subchapter IX.
Firefighting Foam.
§ 6666.
Definitions.
As used in this subchapter:
(1) “Class B firefighting foam” means a foam designed to extinguish flammable liquid fires.
(2) “PFAS chemicals” means a class of fluorinated organic chemicals containing at least 1 fully-fluorinated carbon atom, including perfluoroalkyl and polyfluoroalkyl substances, and designed to be fully functional in class B firefighting foam formulations.
(3) “Testing” means calibration testing, conformance testing, or fixed system testing.
§ 6667.
Use of firefighting foam with PFAS chemicals.
It is unlawful to discharge a class B firefighting foam containing intentionally-added PFAS chemicals, unless the discharge is for 1 of the following purposes:
(1) Fire prevention or in response to an emergency firefighting operation.
(2) Training or testing purposes that occur at a facility that has implemented containment, treatment, and disposal measures to prevent releases of class B firefighting foam containing intentionally-added PFAS chemicals.
LC :
HVW :
Show all 66 changed rows (26 more)
Previous
Latest
CM Page 1 of 2 Released:
02/04/2021 02:42 PM § 6668.
Limitations.
This subchapter may not be construed to do either of the following:
(1) Restrict either of the following:
a.
The manufacture, sale, or distribution of class B firefighting foam containing intentionally-added PFAS chemicals.
b.
The discharge or use of class B firefighting foam in response to emergency fire-fighting operation.
(2) Prevent the use of a nonfluorinated foams, including other class B firefighting foams, for training for firefighting operations.
Section 3.
This Act takes effect the first January 1 occurring after enactment.
SYNOPSIS This Act limits the use of certain Class B firefighting foams (“Class B foams”) in Delaware.
Class B foams are used to put out fires caused by flammable liquids like gasoline, oil, and jet fuel, and can be divided into 2 categories:
those with PFAS chemicals and those without.
PFAS chemicals include a range of chemistries with differing properties, which have been widely-used for decades in products other than Class B foams, like food packaging, carpets, and other household items, and in firefighting foam.
The use of firefighting foams containing PFAS chemicals, however, is an emerging public health challenge to avoid future contamination and reduce exposure to firefighters and Delawareans.
Firefighting foam containing PFAS chemicals can get into water wells and drinking water supplies and expose firefighters and others to the chemicals.
More studies into the effects of PFAS chemicals are emerging;
some of the health effects of exposure to certain PFAS chemicals include pregnancy complications, liver damage, and high cholesterol.
The PFAS chemicals in firefighting foams must be weighed against their particularly-effective nature in fighting liquid fires when mixed with water.
To that end, this Act prohibits the use of Class B foams containing intentionally-added PFAS chemicals unless the use is for fire prevention or emergency firefighting.
Further, this Act permits the use of such foam for training and testing only if the facility in which the training or testing occurs has implemented containment, treatment, and disposal measures to prevent releases of Class B foams containing PFAS chemicals.
This Act also makes technical changes to Part IV of Title 16, to reflect its current structure more accurately.
CM Page 1 of 1 Released:
CM Page 2 of 2 Released:
03/24/2021 01:09 PM 5081510042
02/04/2021 02:42 PM 5081510026
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Action History

  1. Assigned to Public Safety & Homeland Security Committee in House

  2. Passed By Senate. Votes: 19 YES 2 NO

  3. Amendment SA 2 to SB 63 - Passed By Senate. Votes: 19 YES 1 NO 1 NOT VOTING

  4. Amendment SA 1 to SB 63 - Passed By Senate. Votes: 20 YES 1 NOT VOTING

  5. Amendment SA 2 to SB 63 - Introduced and Placed With Bill

  6. Amendment SA 1 to SB 63 - Introduced and Placed With Bill

  7. Reported Out of Committee (Corrections & Public Safety) in Senate with 3 Favorable, 3 On Its Merits

  8. Introduced and Assigned to Corrections & Public Safety Committee in Senate

Sponsors

Sponsorship breakdown

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7 sponsors · 19 co-sponsors · 36 not signed on · 2 voted No

Sponsors (7)

Co-sponsors (19)

Not signed on (36)

36 members have not signed on to this bill.

Show all 36 →

"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 19 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 9200
Republican 5000
Total 19200
% of votes cast 90%10%0%0%
How each member voted (21)
Member Party Vote
Bruce C. Ennis — Yea
Colin Bonini — Yea
Ernesto B Lopez — Yea
Kyle Evans Gay — Yea
Sarah McBride — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Nay
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Nay
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

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 SB 63 do?
This Act limits the use of certain Class B firefighting foams (“Class B foams”) in Delaware. Class B foams are used to put out fires caused by flammable liquids like gasoline, oil, and jet fuel, and can be divided into 2 categories: those with PFAS chemicals and those without. PFAS chemicals include a range of chemistries with differing properties, which have been widely-used for decades in products other than Class B foams, like food packaging, carpets, and other household items, and in firefighting foam. The use of firefighting foams containing PFAS chemicals, however, is an emerging public health challenge to avoid future contamination and reduce exposure to firefighters and Delawareans. Firefighting foam containing PFAS chemicals can get into water wells and drinking water supplies and expose firefighters and others to the chemicals. More studies into the effects of PFAS chemicals are emerging; some of the health effects of exposure to certain PFAS chemicals include pregnancy complications, liver damage, and high cholesterol. The PFAS chemicals in firefighting foams must be weighed against their particularly-effective nature in fighting liquid fires when mixed with water. To that end, this Act prohibits the use of Class B foams containing intentionally-added PFAS chemicals unless the use is for fire prevention or emergency firefighting. Further, this Act permits the use of such foam for training and testing only if the facility in which the training or testing occurs has implemented containment, treatment, and disposal measures to prevent releases of Class B foams containing PFAS chemicals. This Act also makes technical changes to Part IV of Title 16, to reflect its current structure more accurately.
Who sponsors SB 63?
SB 63 is sponsored by Bryan Townsend (Democratic), Marie Pinkney (Democratic), Michael F. Smith (Republican), Lyndon D. Yearick (Republican), Daniel B. Short (Republican), Debra Heffernan (Democratic), William J. Carson (Democratic), Gerald W. Hocker (Republican), Dave G. Lawson (Republican), S. Elizabeth Lockman (Democratic), Spiros Mantzavinos (Democratic), Brian Pettyjohn (Republican), Nicole Poore (Democratic), David P. Sokola (Democratic), David L. Wilson (Republican), Franklin D. Cooke (Democratic), Ronald E. Gray (Republican), Krista Griffith (Democratic), Melissa Minor-Brown (Democratic), Edward S. Osienski (Democratic), Sherry Dorsey Walker, Andria L. Bennett, Sarah McBride, Michael Ramone, John L. Mitchell, and Bruce C. Ennis.
What is the current status of SB 63?
This bill died with 151st General Assembly (2021-2022). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 63?
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