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HB92 • 2025

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO ENVIRONMENTAL CONTROL BY REPEALING THE DELAWARE ADVANCED CLEAN CAR PROGRAM UNDER REGULATION 1140 OF TITLE 7 OF THE DELAWARE ADMINISTRATIVE CODE AND ADOPTING THE DELAWARE LOW EMISSION VEHICLE PROGRAM.

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO ENVIRONMENTAL CONTROL BY REPEALING THE DELAWARE ADVANCED CLEAN CAR PROGRAM UNDER REGULATION 1140 OF TITLE 7 OF THE DELAWARE ADMINISTRATIVE CODE AND ADOPTING THE DELAWARE LOW EMISSION VEHICLE PROGRAM.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Yearick
Last action
2025-04-09
Official status
House Natural Resources & Energy 3/26/25
Effective date
Not listed

Plain English Breakdown

The bill status shows a failed motion to release on April 9, 2025, but metadata also states it passed both chambers; this creates uncertainty about whether the Governor has signed it or if further action is needed.

HB92: Replacing Delaware's Car Emission Rules

This bill cancels a rule requiring electric vehicle sales and brings back an older set of rules for car emissions in Delaware.

What This Bill Does

  • Repeals the Delaware Advanced Clean Car Program that became effective on December 11, 2023.
  • Brings back the version of Regulation 1140 known as the Delaware Low Emission Vehicle Program that was in effect before December 11, 2023.
  • Ends the Electric Vehicle Mandate.
  • Requires the Registrar of Regulations to publish the older rule as a final regulation.

Who It Names or Affects

  • Car manufacturers and dealerships selling new cars in Delaware
  • The Department of Natural Resources and Environmental Control

Terms To Know

Repeal
To officially cancel a law or rule so it is no longer active.
Electric Vehicle Mandate
A requirement under the Advanced Clean Car Program that this bill ends.
Registrar of Regulations
The state official responsible for publishing new and changed rules in the Delaware Register of Regulations.

Limits and Unknowns

  • The exact date the changes take effect depends on when the Registrar publishes the rule, which happens at least 10 days after publication.
  • This document does not explain how dealers will handle inventory bought under the old rules before they are repealed.

Bill History

  1. 2025-04-09 Delaware General Assembly

    Motion to Release Failed

  2. 2025-03-26 Delaware General Assembly

    Introduced and Assigned to Natural Resources & Energy Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO ENVIRONMENTAL CONTROL BY REPEALING THE DELAWARE ADVANCED CLEAN CAR PROGRAM UNDER REGULATION 1140 OF TITLE 7 OF THE DELAWARE ADMINISTRATIVE CODE AND ADOPTING THE DELAWARE LOW EMISSION VEHICLE PROGRAM.
This bill repeals the Delaware Advanced Clean Air Program and adopts the Delaware Low Emissions Program thereby terminating the Electric Vehicle Mandate.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. Yearick & Sen. Hocker & Sen. Pettyjohn

Reps. Collins, Dukes, Gray, Hensley, Hilovsky, Jones Giltner, Morris, Postles, D. Short, Shupe, Michael Smith, Spiegelman, Vanderwende; Sens. Lawson, Richardson, Wilson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 92

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO ENVIRONMENTAL CONTROL BY REPEALING THE DELAWARE ADVANCED CLEAN CAR PROGRAM UNDER REGULATION 1140 OF TITLE 7 OF THE DELAWARE ADMINISTRATIVE CODE AND ADOPTING THE DELAWARE LOW EMISSION VEHICLE PROGRAM.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter II, Chapter 60, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 6010A. Repeal of Delaware Advanced Clean Car Program and Adoption of Delaware Low Emission Vehicle Program.

(a) The amendments to Regulation 1140 of Title 7 of the Delaware Administrative Code adopted by the Department of Natural Resources and Environmental Control in Issue 6 of Volume 27 of the Delaware Register of Regulations (27 DE Reg 433) and effective on December 11, 2023, known as the Delaware Advanced Clean Car Program, are repealed.

(b) The repeal under subsection (a) of this section revives the version of Regulation 1140 of Title 7 of the Delaware Administrative Code in effect before December 11, 2023, known as the Delaware Low Emission Vehicle Program.

Section 2. Notwithstanding Subchapter II of Chapter 101 of Title 29 of the Delaware Code or any other law of this State to the contrary, the Registrar of Regulations shall publish in the next issue of the Delaware Register of Regulations to be published after the enactment of this Act all of the following:

(1) The version of Regulation 1140 of Title 7 of the Delaware Administrative Code in effect before December 11, 2023, known as the Delaware Low Emission Vehicle Program, as a final regulation.

(2) An order from the Registrar of Regulations noting that this Act is the basis for the Registrar’s publication under paragraph (1) of this Section.

Section 3. Section 1 of this Act takes effect 10 days after the date of the publication in the Register of Regulations of the amended version of Regulation 1140 of Title 7 of the Administrative Code required under Section 2 of this Act. Section 2 and 3 take effect on the enactment of this Act.

SYNOPSIS

This bill repeals the Delaware Advanced Clean Air Program and adopts the Delaware Low Emissions Program thereby terminating the Electric Vehicle Mandate.