Delaware General Assembly

Signed 8/17/09

The General Assembly has ended, the current status is the final status.

3/10/09

Longhurst

Sen. McDowell

Reps. Barbieri, B. Bennett, Gilligan, Jaques, J. Johnson, Q. Johnson, M. Smith, Mitchell, Mulrooney, Schooley, Schwartzkopf, Walls, D.P. Williams

AN ACT TO AMEND CHAPTER 60, TITLE 7 OF THE DELAWARE CODE RELATING TO RECYCLING AND WASTE REDUCTION IN THE STATE OF DELAWARE.

It is the intent of the Legislature, in enacting this Bill, to encourage the use of reusable bags by consumers and retailers and to reduce the consumption of limited use plastic carryout bags that require massive quantities of oil, cause countless pollution, and, as such bags decompose, are harmful to the health of the environment and humans. This Bill would require a store, as defined, to establish an at-store recycling program that provides an opportunity for a customer of the store to return clean plastic carryout bags to that store. The Bill would require a plastic carryout bag provided by a store to have specified information printed or displayed on the bag by a date certain set forth in the Bill, and would require the placement of a plastic bag collection bin in each store that is visible and easily accessible to the consumer. The Bill would also require a store to make reusable bags, as defined, available to customers for purchase. The Bill would require a manufacturer of plastic carryout bags to provide educational materials to encourage the reduction, reuse, and recycling of plastic bags and to make the materials available to stores. The Bill would prohibit a County, city, or other public agency from adopting, implementing, or enforcing an ordinance, resolution, regulation, or rule that requires a store to collect, transport, or recycle plastic carryout bags or conduct additional auditing or reporting, or imposing a plastic bag fee upon a store, except as specified. The Bill would authorize the imposition of civil liability, in specified amounts, and would require any civil penalties collected to be paid to DNREC. The Bill would authorize any penalties collected by DNREC to be expended by DNREC, upon appropriation by the Legislature, to enforce and further the intent of this Act.

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Takes effect upon being signed into law

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