HB 479

                SPONSOR:
                Rep. Burns
        HOUSE OF REPRESENTATIVES
        153rd GENERAL ASSEMBLY
        HOUSE BILL NO. 479
        AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO COMMERCIAL OPERATIONS.
        WHEREAS, extreme heat is one of the leading weather-related causes of death, contributing to heat exhaustion, heat stroke, cardiovascular strain, and exacerbation of respiratory and chronic illnesses; and
        WHEREAS, vulnerable populations—including children, the elderly, outdoor workers, and individuals with preexisting health conditions—are disproportionately impacted by elevated ambient temperatures; and
        WHEREAS, certain commercial and industrial operations, including data centers, can contribute to localized temperature increases through waste heat discharge and thermal emissions; and
        WHEREAS, even modest increases in ambient temperature—on the order of 2 degrees Fahrenheit or greater—can significantly increase the risk of heat-related illness and mortality during heat advisories or extreme heat events; and
        WHEREAS, urban heat island effects compound these risks, particularly in densely populated or historically under-resourced residential communities; and
        WHEREAS, public health protection during declared heat emergencies requires minimizing avoidable sources of additional heat loading in residential environments; and
        WHEREAS, elevated ambient temperatures increase the body’s thermal load, impairing its ability to regulate core temperature, particularly in high humidity conditions; and
        WHEREAS, a temperature increase of even 2 degrees Fahrenheit during extreme heat events can:
        1. Increase the incidence of heat exhaustion and heat stroke;
        2. Elevate cardiovascular stress, leading to higher rates of heart attacks and strokes;
        3. Worsen air quality by accelerating ozone formation; and
        4. Increase nighttime temperatures, reducing physiological recovery and compounding health risks.
        WHEREAS, studies have demonstrated that incremental temperature increases during heat waves correlate with measurable increases in mortality rates, especially in urban and heat-vulnerable communities.
        NOW, THEREFORE:
        BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
        Section 1. Amend Part X, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
        Chapter 101. Community Heat Protection and Industrial Accountability Act.
        §10101. Short title.
        This chapter is known and may be cited as the “Community Heat Protection and Industrial Accountability Act.”
        §10102. Purpose.
        (a) The General Assembly finds all of the following:
        (1) Elevated ambient temperatures increase the body’s thermal load, impairing its ability to regulate core temperature, particularly in high humidity conditions.
        (2) A temperature increase of even 2 degrees Fahrenheit during extreme heat events can:
        a. Increase the incidence of heat exhaustion and heat stroke.
        b. Elevate cardiovascular stress, leading to higher rates of heart attacks and strokes.
        c. Worsen air quality by accelerating ozone formation.
        d. Increase nighttime temperatures, reducing physiological recovery and compounding health risks.
        (3) Studies have demonstrated that incremental temperature increases during heat waves correlate with measurable increases in mortality rates, especially in urban and heat-vulnerable communities.
        (4) Preventing anthropogenic (human-caused) heat contributions during critical periods is a cost-effective and immediate method of reducing heat-related health risks.
        (b) Based on the findings under subsection (a) of this section, the purpose of this chapter is to safeguard public health by requiring the temporary cessation, or mitigation, of commercial activities that materially elevate nearby residential temperatures during periods of extreme heat.
        §10103. Definitions.
        For purposes of this chapter:
        (1) “Commercial operation” means any non-residential facility engaged in industrial, manufacturing, data processing, energy generation, or other large-scale activities that emit waste heat into the surrounding environment.
        (2) “Department” means the Department of Natural Resources and Environmental Control (DNREC).
        (3) “Heat advisory” and “extreme heat warning” mean official designations issued by the National Weather Service or an equivalent authority.
        (4) “Mitigation measures” include technological or operational changes that reduce heat emissions to below the thermal impact threshold.
        (5) “Residential community” means an area primarily zoned for housing or containing a significant population of permanent residents.
        (6) “Thermal impact threshold” means a measured or modeled increase of greater than 2.0 degrees Fahrenheit in ambient outdoor temperature within a residential community attributable to a specific commercial operation.
        §10104. Applicability.
        (a) This chapter applies to any commercial operation determined by the Department to have a measurable thermal impact on a residential community.
        (b) The Department must establish standardized methodologies for measuring and modeling thermal impacts, which may include:
        (1) Temperature monitoring.
        (2) Remote sensing.
        (3) Atmospheric dispersion and heat transfer modeling.
        §10105. Operational restrictions during heat events.
        (a) Any commercial operation determined to exceed the thermal impact threshold must cease operations until implementation of sufficient mitigation measures to reduce the thermal impact below the threshold during any period in which a heat advisory or extreme heat warning is in effect for the affected area.
        (b) Operational suspension must remain in effect for the duration of the advisory or warning unless compliance is demonstrated.
        §10106. Monitoring, reporting, and compliance.
        (a) Covered commercial operations must do all of the following:
        (1) Conduct regular thermal impact assessments.
        (2) Maintain records of waste heat emissions and mitigation efforts.
        (3) Report data to the Department upon request.
        (b) The Department must:
        (1) Establish a public reporting system for community complaints and temperature data.
        (2) Publish guidance for compliance.
        §10107. Enforcement and penalties.
        (a) A commercial operation found in violation of this chapter is subject to one or more of the following:
        (1) A civil penalty not to exceed $10,000 per day of violation.
        (2) A mandatory shutdown order.
        (3) An additional penalty for repeated or wilful noncompliance.
        (b) A private cause of action is available to any victim of a violation of this chapter for any remedy available under State law, including compensatory and punitive damages and injunctive relief.
        §10108. Exemptions.
        Facilities, not including data centers, that are zoned for heavy industrial use are exempt from the requirements of this chapter.
        Section 2. The Secretary of the Department
        of Natural Resources and Environmental Control
        must promulgate regulations necessary to implement this chapter within 18 months of [the enactment date of this Act], including:
        (1) Technical standards for thermal measurement.
        (2) Procedures for emergency compliance.
        Section 3. This Act is severable. If any provision of this Act, or the application of this Act to a person or circumstance is held invalid, the remainder must not be affected.
        Section 4. This Act must be implemented the earlier of the following:
        (1) Six months after notice by the Department of Natural Resources and Environmental Control in the Register of Regulations that regulations implementing this Act have been promulgated.
        (2) Twenty-four months after enactment.
        SYNOPSIS
        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.