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---
type: "Bill"
title: "AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE CLEAN AIR ACT TITLE V OPERATING PERMIT PROGRAM."
description: "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 sources permitting, compliance, and enforcement activities, while the user fee is based on the sources 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."
jurisdiction: "us/states/de"
legislature: "Delaware General Assembly"
session: "152"
identifier: "HB 171"
citation: "Delaware HB 171 (152)"
classification: ["bill"]
subjects: []
status: "enacted"
primary_sponsors: ["Darius J. Brown", "Debra Heffernan", "Sean Matthews", "Trey Paradee"]
version_count: 1
action_count: 7
vote_count: 2
first_action: "2023-05-18"
last_action: "2023-07-21"
source: "openstates"
source_identifier: "ocd-bill/f308f33e-5e1f-4b1c-83a0-7789746ee11d"
source_url: "https://legis.delaware.gov/BillDetail?LegislationId=140436"
source_hash: "506e41c3785bd0ee020925833ab0a31797f2b0db4d021d7806754da11510c1d0"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-de"]
---
# Delaware HB 171 (152) — AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE CLEAN AIR ACT TITLE V OPERATING PERMIT PROGRAM.
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 sources permitting, compliance, and enforcement activities, while the user fee is based on the sources 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.
## Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
1. **Bill Text** (committee substitute) — [source](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=140436&legislationTypeId=1&docTypeId=2&legislationName=HB171)
## Votes
- 3/5 — **340** (pass) · lower
- 3/5 — **200** (pass) · upper
## Sponsors
- Darius J. Brown — primary (person)
- Debra Heffernan — primary (person)
- Sean Matthews — primary (person)
- Trey Paradee — primary (person)
## Timeline
The legislative action history — every referral, reading, and vote.
- **2023-05-18** Introduced and Assigned to Natural Resources & Energy Committee in House `introduction, referral-committee`
- **2023-06-07** Reported Out of Committee (Natural Resources & Energy) in House with 2 Favorable, 8 On Its Merits `committee-passage, committee-passage-favorable`
- **2023-06-15** Passed By House. Votes: 34 YES 7 ABSENT `passage`
- **2023-06-15** Assigned to Environment, Energy & Transportation Committee in Senate `introduction, referral-committee`
- **2023-06-21** Reported Out of Committee (Environment, Energy & Transportation) in Senate with 7 On Its Merits `committee-passage`
- **2023-06-27** Passed By Senate. Votes: 20 YES 1 ABSENT `passage`
- **2023-07-21** Signed by Governor `executive-signature`
## Source
OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/f308f33e-5e1f-4b1c-83a0-7789746ee11d`. Confidence: reported (aggregated from official Delaware legislature records).