AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT.

The primary purpose of this bill is to provide for an increase in fees collected with annual hazardous chemical inventory reports submitted by facilities. The bill also makes certain technical corrections. Sections 1 and 2 of the bill add the term “safety data sheets,” where applicable, so that the terminology in Chapter 63, Title 16 of the Delaware Code comports with federal and international standards. Section 3 of this bill would increase the current fee per hazardous chemical from $40 to $60, and per extremely hazardous substance from $80 to $100, starting in 2018. Existing fee amounts are maintained for reports submitted late for back years. The fees were originally established in 1991, and have remained unchanged for 26 years. Fees collected are appropriated to the State Emergency Response Commission (SERC), and are used primarily to support operation of Local Emergency Planning Committees (LEPCS). Funds are also used to support emergency response vehicles for decontamination. Section 4 of this bill removes an unneeded provision that conflicts with the purpose of the fees as stated within Chapter 63. Section 5 inserts an exemption provision omitted when Chapter 63 was originally established, and provides alignment with related federal reporting requirements.