AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO BACKFLOW.

Added Section 1 amending Chapter 79, Title 16 to create new Section 7911A, which prohibits counties and municipalities from requiring backflow preventer installation or inspections in low hazard buildings of four specified types: single-family residences, single-family residences with professional office conditional uses, professional offices, and commercial buildings.

Added definitions for 'backflow,' 'backflow preventer,' 'backsiphonage,' and 'low hazard building.' A low hazard building is one where any backflow occurs only by backsiphonage, does not create a health risk, does not disrupt piped water service or potability, does not pose a risk to fresh water supply, the pumping system does not connect to wastewater/fertilizer/chemical/fire protection systems, and the water system does not draw from more than one aquifer without a backflow preventer on each well discharge line.

Added an exception: if a low hazard building has fresh water supplied by a public well, backflow preventers must still be installed in compliance with 7 Del. Admin. Code, Regulation 7301 governing construction and use of wells.

Removed the sunset provision (Section 2) that would have expired the act 10 days after DHSS published notice in the Register of Regulations that Regulation 4462 had been updated to address backflow preventer requirements for low hazard buildings. This sunset clause is no longer present in the final text.

Added Sen. Paradee as co-sponsor and Reps. Burns, Hilovsky, and Spiegelman as additional sponsors. Changed document designation from House Amendment No. 1 to House Bill No. 458 with full enactment language requiring a two-thirds majority vote due to indirect changes to municipal charters under Section 1 of Article IX of the Delaware Constitution.