Delaware 151st General Assembly (2021-2022) Status: Enacted Bipartisan · 15 D · 3 R cosponsors

HB 8 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DRINKING WATER.

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 March 11, 2021. 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.

  • 24 sponsors

    12 primary, 12 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (15 D · 3 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 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 mandates that the Department of Natural Resources and Environmental Control and the Division of Public Health establish maximum contaminant levels for specific contaminants found in drinking water in this state. Such contaminants include PFOA and PFOS, which are man-made chemicals. In certain studies, these chemicals were found to be associated with increased risks of chronic diseases. The Environmental Protection Agency, thus far, has not established a maximum contaminant levels, but have issued health advisories. The establishment of maximum contaminant levels is essential in order to protect the health and safety of all Delawareans from contaminants in drinking water.

Bill Text

What changed in the latest version

59 added · 44 removed

59 line(s) added, 44 removed.

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Latest
Heffernan HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Heffernan & Rep.
2 TO HOUSE BILL NO.
Griffith & Rep.
8 AMEND House Bill No.
Longhurst & Rep.
8 by deleting lines 7 and 8 in their entirety and inserting in lieu thereof the following:
Bennett & Rep.
“This Act directs the Division of Public Health, in collaboration with the Department of Natural Resources and Environmental Control to establish state-level maximum contaminant levels (“MCL”) for certain contaminants found in public drinking”.
D.
FURTHER AMEND House Bill No.
Short & Rep.
8 by adding after line 11 and before line 12 the following and redesignating accordingly:
K.
“( ) “Delaware PFAS Steering Committee” means a committee composed of representatives from the Department’s Division of Air Quality, Division of Watershed Stewardship, Division of Water, Division of Waste and Hazardous Substances, and the Division’s Office of Drinking Water.
Johnson & Rep.
( ) “Delaware PFAS Team” means a team composed of representatives from the Department, the Department of Health and Social Services, the Department of Transportation, and the Department of Agriculture.
Minor-Brown & Rep.
FURTHER AMEND House Bill No.
Shupe & Sen.
8 by deleting line 22 in its entirety and inserting in lieu thereof the following:
Hansen & Sen.
“(a) The Division shall work in collaboration with the Department to establish a maximum contaminant level for PFOA and”.
Paradee & Sen.
FURTHER AMEND House Bill No.
Pinkney & Sen.
8 by deleting line 27 in its entirety and inserting in lieu thereof the following:
Townsend Reps.
“(c) Within 9 months of the effective date of this Act, the Division shall conduct public hearings on”.
Baumbach, Bolden, Brady, Briggs King, Carson, Cooke, Gray, Lambert, Lynn, Mitchell, Osienski;
FURTHER AMEND House Bill No.
Sen.
8 by deleting lines 29 through 32 in their entirety and inserting in lieu thereof the following:
Sokola HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE BILL NO.
“(d) The Division in collaboration with the Department shall review all of the following to develop and revise on a periodic basis the maximum contaminant level established pursuant to this section:
8 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DRINKING WATER.
(1) Assessments conducted by the United States Environmental Protection Agency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
(2) Information published in peer-reviewed journals.
Section 1.
(3) Delaware State-wide Survey data HD :
Amend Chapter 80, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Subchapter V.
Drinking Water Protection Act.
§ 8090.
Short title.
This Act shall be known and may be cited as the “Drinking Water Protection Act.” § 8091.
Purpose.
This Act directs the Department of Natural Resources and Environmental Control and the Division of Public Health to establish state-level maximum contaminant levels (“MCL”) for certain contaminants found in public drinking water systems in this state.
§ 8092.
Definitions.
As used in this subchapter:
(1) “Department” means the Department of Natural Resources and Environmental Control.
(2) “Division” means the Division of Public Health.
(3) “Maximum Contaminant Level” means the legal threshold limit on the amount of a substance that is allowed in public water systems.
(4) “PFAS” means non-polymeric perfluoroalkyl and polyfluoroalkyl substances that are a group of man- made chemicals that contain at least 2 fully fluorinated carbon atoms, excluding gases and volatile liquids.
“PFAS” includes PFOA and PFOS.
(5) “PFOA” means perfluorooctanoic acid and its salts.
(6) “PFOS” means perfluorooctanesulfonic acid or perfluorooctane sulfonate and its salts.
§ 8093.
Maximum Contaminant Level.
Show all 59 changed rows (19 more)
Previous
Latest
HD :
04/29/2021 02:22 PM (4) Findings and recommendations resulting from public meetings of the Delaware PFAS Steering Committee and the Delaware PFAS Team.” FURTHER AMEND House Bill No.
03/11/2021 11:34 AM (a) The Department and Division shall work together to establish a Maximum Contaminant Level for PFOA and PFOS in public drinking water systems in accordance with evidence-based standards and assessments conducted by the United States Environmental Protective Agency.
8 by deleting lines 34 and 35 in their entirety and inserting in lieu thereof the following:
(b) Within 60 days of the effective date of this Act, the Department and Division shall initiate the regulatory development process.
“(a) The Department in collaboration with the Division shall conduct a statewide survey on PFAS in drinking water using standard laboratory methods for PFAS developed by the United States Environmental Protection Agency and supplemental methods that the Department or Division determine meet project specific data quality objectives.” SYNOPSIS This amendment clarifies that the Division of Public Health will work in collaboration with the Department of Natural Resources and Environmental Control.
(c) Within 6 months of the effective date of this Act, the Department and Division shall conduct public hearings on proposed regulations.
This amendment also changes the time, from 6 months to 9 months, by which the Department and Division shall conduct public hearings on proposed regulations.
(d) The Department shall review all of the following on a periodic basis in determining whether to revise the maximum contaminant level established pursuant to this section:
Finally, this amendment requires the Division, in collaboration with the Department, to develop and revise on a periodic basis, the maximum contaminant level by reviewing assessments conducted by the EPA, information published in peer-reviewed journals, the state-side survey data, and findings and recommendations resulting from public meetings of the Delaware PFAS Steering Committee and the Delaware PFAS Team, both of which are defined in the amendment.
(1) Assessments conducted by the United States Environmental Protection Agency.
(2) Information published in peer-reviewed journals.
§ 8094.
State-wide Survey.
(a) The Department and Division shall conduct a statewide survey on other PFAS in drinking water using standard laboratory methods for PFAS developed by the United States Environmental Protection Agency.
(b) On or before January 1, 2022, the Department shall provide all of the following to the Governor and the General Assembly:
(1) The results of the state-wide survey mandated by this section.
(2) A specific plan for addressing any PFAS contamination identified in the state-wide survey mandated by this section.
SYNOPSIS This Act mandates that the Department of Natural Resources and Environmental Control and the Division of Public Health establish maximum contaminant levels for specific contaminants found in drinking water in this state.
Such contaminants include PFOA and PFOS, which are man-made chemicals.
In certain studies, these chemicals were found to be associated with increased risks of chronic diseases.
The Environmental Protection Agency, thus far, has not established a maximum contaminant levels, but have issued health advisories.
The establishment of maximum contaminant levels is essential in order to protect the health and safety of all Delawareans from contaminants in drinking water.
04/29/2021 02:22 PM 2141510263
03/11/2021 11:34 AM 2141510147
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Action History

  1. Signed by Governor

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

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

  4. Amendment SA 1 to HB 8 - Passed By Senate. Votes: 20 YES 1 ABSENT

  5. Reported Out of Committee (Environment & Energy) in Senate with 4 Favorable, 2 On Its Merits

  6. Amendment SA 1 to HB 8 - Introduced and Placed With Bill

  7. Assigned to Environment & Energy Committee in Senate

  8. Passed By House. Votes: 41 YES

  9. Amendment HA 2 to HB 8 - Passed By House. Votes: 40 YES 1 ABSENT

  10. Amendment HA 1 to HB 8 - Stricken in House

  11. Reported Out of Committee (Natural Resources) in House with 4 Favorable, 3 On Its Merits

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

  13. Introduced and Assigned to Natural Resources Committee in House

Sponsors

Sponsorship breakdown

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12 sponsors · 12 co-sponsors · 38 not signed on

Sponsors (12)

Co-sponsors (12)

Not signed on (38)

38 members have not signed on to this bill.

Show all 38 →

"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 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Democratic 16000
Republican 12000
Total 40001
% of votes cast 98%0%0%2%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
David Bentz — Yea
Gerald L. Brady — Yea
John A. Kowalko — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Not Voting
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore 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 5000
Democratic 10001
Republican 5000
Total 20001
% of votes cast 95%0%0%5%
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 Not Voting
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore 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
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 16000
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
Gerald L. Brady — Yea
John A. Kowalko — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — 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
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore 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 →

Subjects

public-safety environment health-insurance
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 8 do?
This Act mandates that the Department of Natural Resources and Environmental Control and the Division of Public Health establish maximum contaminant levels for specific contaminants found in drinking water in this state. Such contaminants include PFOA and PFOS, which are man-made chemicals. In certain studies, these chemicals were found to be associated with increased risks of chronic diseases. The Environmental Protection Agency, thus far, has not established a maximum contaminant levels, but have issued health advisories. The establishment of maximum contaminant levels is essential in order to protect the health and safety of all Delawareans from contaminants in drinking water.
Who sponsors HB 8?
HB 8 is sponsored by Bryan Townsend (Democratic), Krista Griffith (Democratic), Daniel B. Short (Republican), Edward S. Osienski (Democratic), Kendra Johnson (Democratic), Melissa Minor-Brown (Democratic), Bryan W. Shupe (Republican), David P. Sokola (Democratic), William J. Carson (Democratic), Debra Heffernan (Democratic), Stephanie L. Hansen (Democratic), Trey Paradee (Democratic), Marie Pinkney (Democratic), Franklin D. Cooke (Democratic), Ronald E. Gray (Republican), Larry Lambert (Democratic), Sean M. Lynn (Democratic), Stephanie T. Bolden (Democratic), John L. Mitchell, Ruth Briggs King, Gerald L. Brady, Paul S. Baumbach, Andria L. Bennett, and Valerie Longhurst.
What is the current status of HB 8?
This bill has been enacted into law. Introduced March 11, 2021. Enacted.
Where can I track HB 8?
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