A bill making its way through the Delaware General Assembly seeks to toughen the state’s longstanding ban on most consumer fireworks by imposing steeper penalties, regulating sales and funding public education.

Sponsored by Rep. Madinah Wilson-Anton and Sen. Majority Leader Bryan Townsend, House Bill 63 aims to clarify existing laws, deter illegal use and give the State Fire Marshal more authority to enforce regulations and prevent fire-related incidents.

If passed, the legislation would be the most significant update to the state’s fireworks laws in years. Violators of the law would be fined up to $1,000. Retailers who continue to operate without a permit could be fined up to $10,000.

Fireworks laws ignored or misunderstood

Delaware prohibits most consumer fireworks, including aerial mortars and bottle rockets. Only sparklers and ground-based fountains are permitted under specific circumstances. These items may be sold between June 4 and July 4, and again from December 1 to January 1. Use of these products is restricted to July 4, New Year’s Eve, New Year’s Day and the third day of Diwali.

Despite annual reminders, officials say many residents remain unaware of the rules, leading to widespread noncompliance and safety concerns.

Under the proposed amendments, anyone caught violating the fireworks ban could face escalating fines of up to $250 for a first offense, $500 for a second and $1,000 or more for subsequent violations. Revenue from permit fees would fund public education and support enforcement efforts.

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Fireworks bill targets misleading advertising

Lawmakers also hope to curb confusion caused by aggressive marketing from out-of-state retailers, who promote banned aerial fireworks to Delaware residents through ads on TV, radio and billboards.

If enacted, HB 63 would increase fines for illegal fireworks use and create a permitting system for retailers. Under the new system, sellers would need to register with the State Fire Marshal’s Office, which would oversee compliance and ensure only permitted fireworks are sold.

Retailers operating without required permits would face a fine of $1,000 for a first offense, $5,000 for a second and $10,000 for each additional violation.

Fireworks bill aims to expand public outreach on safety concerns

The legislation also addresses safety concerns related to legally allowed fireworks. According to the State Fire Marshal, sparklers and other ground-based fireworks have caused multiple fires, often due to improper disposal.

Fire officials have warned that smoldering debris can ignite fires hours after fireworks are discharged, especially in trash bins or on rooftops where they may go unnoticed until they spread. This risk increases significantly during dry conditions.

The bill includes provisions to expand public outreach efforts, particularly around safe handling and disposal.

Fireworks legislation faces time crunch, hurdles

The bill has cleared a House committee and is headed to the House floor, where it awaits a full vote. If it passes there, it will move to the Senate. However, both chambers are in recess until Tuesday, June 10, for ongoing Joint Finance Committee hearings.

With the legislative session set to end on June 30, time is running short. Because the bill imposes a new license fee, it will require a three-fifths majority in both chambers to pass.

You can contact staff reporter Anitra Johnson at ajohnson@delawareonline.com.

Delaware State Police are investigating a fatal crash involving an EMS vehicle in Milton.

A Ford Bronco travelling north on Mulberry Street was approaching Milton-Ellendale Highway at the same time that a Sussex County EMS Chevrolet Suburban, which was responding to an emergency call with its emergency equipment activated, was approaching the same intersection on Milton-Ellendale Highway, police said.

The preliminary investigation showed the Bronco going past a stop sign and into the path of the EMS vehicle, causing a collision on the passenger side of the Bronco. The Bronco struck a tree after the collision.

The driver of the Bronco was a 74-year-old woman from Ellendale, who was taken to the hospital, where she died. Police are withholding her name until family is notified.

The driver of the EMS vehicle was a 38-year-old woman who is a Sussex County Paramedic. She went to the hospital with non-life-threatening injuries, police said.

The investigation into the collision continues. Anyone with information is encouraged to reach out to Delaware State Police or Delaware Crime Stoppers.

Shane Brennan covers Wilmington and other Delaware issues. Reach out with ideas, tips or feedback at slbrennan@delawareonline.com.

Residents want harsher penalties for the Delaware City Refinery

More than 86,000 people live within a 5-mile radius of the refinery, more than half of whom are people of color, and 20% live in low-income households, according to U.S. Environmental Protection Agency data.

George X has lived 2 miles from the refinery for decades, and is worried about health concerns reported by his neighbors over the years.

“We talked about a lot of things this evening, but they didn’t talk about when they’re going to stop the pollution,” he said. “We already know we’re being poisoned. We just want to know when you’re gonna stop.”

Residents and environmentalists for years have urged DNREC to direct harsher penalties on the refinery.

The refinery has historically been one of the region’s top polluters — releasing more than 4.6 million pounds of pollutants in 2023, according to EPA data.

The facility also has a history of violations, including three in just the past year.

In 2019, the refinery paid DNREC $950,000 to resolve a backlog of air quality violations. That same year, a fire that led to mechanical failures caused the emission of more than 842 pounds of hydrocarbons, 592 pounds of sulfur dioxide, 438 pounds of carbon monoxide, 80 pounds of nitrogen oxides and 4,300 pounds of sulfur dioxide, as well as an additional 4,300 pounds of sulfur dioxide from flaring.

According to the National Emissions Inventory, the refinery released more than 430,000 pounds of sulfur dioxide in 2020.

However, a spokesperson for the refinery said that since PBF acquired the facility from Valero Energy in 2010, there has been about an 83% reduction in sulfur dioxide emissions since 2022 compared to the last three years that Valero owned and operated it.

On Thursday, General Manager Michael Capone said he was regretful about the mechanical failure and aftermath, and promised to better communicate with the public in the future.

“We are working this thing around the clock to make sure that we get the unit complete, the work complete and the unit back online as quickly as possible,” he said.

“I want to assure all of the residents that we take each and every incident seriously. We do a detailed root cause … analysis to understand what that issue was and then we work to understand how to apply those learnings.”