Delaware HB 479

This Act safeguards public health by requiring the temporary cessation, or mitigation, of commercial activities that materially elevate nearby residential temperatures during periods of extreme heat. This Act shall be known as the “Community Heat Protection and Industrial Accountability Act.” This Act requires DNREC to develop standardized methodologies for measuring and modeling thermal impacts. DNREC may assess fines of up to $10,000 per day, issue mandatory shut down orders, or issue additional penalties for willful non-compliance. Affected residents will also have a private right of action to file a lawsuit. Facilities, that are not data centers, zoned for heavy industrial use, such as oil refineries, are exempt from the requirements of this chapter. The Department shall promulgate regulations to implement this Act within 18 months of enactment.