AN ACT TO AMEND TITLES 7 AND 30 OF THE DELAWARE CODE RELATING TO THE DELAWARE HAZARDOUS SUBSTANCES CLEANUP ACT AND THE REALTY TRANSFER TAX.

New definitions added for 'Abate,' 'Emergency,' and 'Removal Action' in Section 9103 of Title 7.

Emergency entry provision restructured to require both that an emergency exists AND that the operator is unwilling or unable to act, before DNREC can enter without a court order.

New subsection 9107(h) allows the Secretary to authorize a removal action without first obtaining public comment, provided it is incorporated into any proposed plan of remedial action.

Enforcement actions under Section 9109 can now be brought in 'a court of competent jurisdiction' rather than only Superior Court, broadening where DNREC can file to recover costs and natural resource damages.

Civil penalty for fraud in settlement agreements or certification applications increased from up to $10,000 to up to $40,000 per fraudulent act.

Consent decrees under Section 9107(b) must now be filed with either Superior Court or Court of Chancery (previously only Superior Court), and the Secretary must allow at least 20 days for public comment before entry.

Section 9109(e) now explicitly includes attorney's fees and employee time as recoverable remedial costs.

The end date for the additional petroleum gross receipts tax funding the Hazardous Substance Cleanup Fund is extended from January 1, 2029 to January 1, 2037.

New requirement that for taxable periods beginning after December 31, 2026 through December 31, 2036, one-third of moneys deposited into the Fund must be dedicated to implementing the Brownfields Development Program.

References to the realty transfer tax are removed from the bill (they were present in the original House Bill).