HB 171 DE

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Became Law

This Act extends the Clean Air Act Title V Operating Permit Program annual fees for facilities in Delaware, which have historically expired and been reauthorized by the General Assembly every three years. Existing statutory authorization to collect fees sunsets on December 31, 2023. This legislation updates the fee assessments based on the work of the Title V Operating Permit Program Advisory Committee and makes additional clarifying updates. For 2024-2026, the total fee will be comprised of a base fee, user fee, and program fee. Base fees are based on the number of staff hours spent on the source’s permitting, compliance, and enforcement activities, while the user fee is based on the source’s air emissions. The program fee will be assessed based on the total base and user fees. This Act authorizes the Department of Natural Resources and Environmental Control to collect Title V annual fees for calendar years 2024 through 2026, at which point the authority sunsets and would need to be reauthorized.

• Debra Heffernan Democratic · primary
• Trey Paradee Democratic · primary
• Sean Matthews · primary
• Darius J. Brown Democratic · primary

1. May 18, 2023 Introduced and Assigned to Natural Resources & Energy Committee in House · lower
2. Jun 7, 2023 Reported Out of Committee (Natural Resources & Energy) in House with 2 Favorable, 8 On Its Merits · lower
3. Jun 15, 2023 Passed By House. Votes: 34 YES 7 ABSENT · lower
4. Jun 15, 2023 Assigned to Environment, Energy & Transportation Committee in Senate · upper
5. Jun 21, 2023 Reported Out of Committee (Environment, Energy & Transportation) in Senate with 7 On Its Merits · upper
6. Jun 27, 2023 Passed By Senate. Votes: 20 YES 1 ABSENT · upper
7. Jul 21, 2023 Signed by Governor · executive