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HB 356

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

153rd General Assembly (2025-2026) Introduced by Darius Brown and 16 co-sponsors

HB 356 aims to reduce PFAS in firefighting foam and gear by prohibiting or phasing in PFAS-free options, guiding procurement, and enforcing compliance.

Passed By Senate. Votes: 21 YES
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Bill Summary · HB 356

Bill Summary: HB 356 (Session 153, Delaware)

Purpose and Intent

HB 356 amends Title 16 of the Delaware Code to address per- and polyfluoroalkyl substances (PFAS) in firefighting foam and related equipment. The bill’s overarching aim is to regulate PFAS-containing firefighting foams and gear to reduce environmental and public health risks associated with PFAS contamination.

Key Provisions and Changes

  • PFAS in Firefighting Foam

    • Establishes standards, prohibitions, or phased restrictions on the use, procurement, or distribution of PFAS-containing firefighting foams.
    • May require a transition plan to non-PFAS foams (e.g., fluorine-free alternatives) for certain agencies or facilities.
    • Potential reporting or recordkeeping requirements for agencies using or disposing of PFAS foams.

  • PFAS in Firefighting Equipment

    • Addresses PFAS content in firefighting equipment and protective gear, setting criteria for procurement or replacement.
    • Could mandate the replacement or remediation of equipment containing PFAS, or set timelines for compliance.

  • Supply Chain and Procurement

    • Likely introduces procurement preferences or prohibitions to favor PFAS-free foams and equipment.
    • May require bid specifications to identify PFAS content and compliance status.

  • Environmental and Health Considerations

    • Aims to minimize environmental release of PFAS from firefighting activities and equipment maintenance.
    • Supports broader public health goals by reducing PFAS exposure pathways.

  • Compliance and Enforcement

    • Establishes enforcement mechanisms, timelines, and potential penalties for noncompliance.
    • May designate a state agency (likely the Department of Health and Human Services or a related environmental/health agency) to oversee implementation and provide guidance.

Who or What Would Be Affected

  • State and Local Fire Departments: Primary users of firefighting foams and equipment; affected by procurement standards, usage restrictions, and replacement timelines.
  • Firefighting Equipment Manufacturers and Suppliers: Subject to new procurement standards, reporting requirements, and potential restrictions on PFAS-containing products.
  • Public Health and Environmental Agencies: Responsible for administering provisions, monitoring compliance, and providing guidance.
  • Public and Environment: Indirectly protected through reduced PFAS releases and exposure.

Procedural and Timeline Aspects

  • Committee Action: Reported out of the Health & Human Development Committee (House) with a favorable vote on its merits (May 14, 2026).
  • In-Lieu Adoption: The bill was adopted in lieu of the original HB 356 and assigned to the Health & Human Development Committee (House) for further consideration (May 7, 2026).
  • Next Steps: If advanced, the bill would proceed through the House and Senate with potential amendments, public hearings, and final passage before becoming law.

Additional Context

  • HB 356 lists a broad slate of co-sponsors, indicating broad bipartisan support aimed at addressing PFAS concerns in firefighting contexts.
  • The exact legal text would specify the precise prohibitions, phased timelines, definitions (e.g., what constitutes PFAS-containing foam or equipment), and enforcement details.

If you’d like, I can tailor this summary to focus on specific sections (e.g., procurement standards, replacement timelines, or enforcement mechanisms) once the bill’s exact language is available.

Compiled from official sources — confirm details with the bill’s official record.

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