Delaware 150th General Assembly (2019-2020) Status: Enacted 10 D cosponsors

HB 130 — AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO RECYCLING AND WASTE REDUCTION.

Last action — Signed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced April 18, 2019. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 21 sponsors

    14 primary, 7 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (10 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

This bill expands upon the existing at-store recycling program regarding the use of single-use plastic bags. The existing requirements will continue, however stores subject to this program will now be limited from providing single-use plastic bags for only specific uses thereby encouraging a shift to reusable bags. The purpose of the bill, as detailed in the preamble, is to clean up Delaware’s communities and watersheds, reduce storm water and trash management costs to taxpayers, and promote the health and safety of watersheds, wildlife and humans, and the ecosystem’s food chain. On January 1, 2021 this bill enacts a ban on stores providing single-use plastic bags at check-out.

Bill Text

What changed in the latest version

20 added · 8 removed

20 line(s) added, 8 removed.

→
Previous
Latest
1 TO HOUSE BILL NO.
5 TO HOUSE BILL NO.
130 by inserting the following after line 104 and before line 105 and redesignating accordingly:
130 on line 26 by deleting “non-compostable” as it appears therein.
“(3) Any municipality with a population in excess of 50,000 may enact a law requiring stores in excess of 500 square feet to comply with § 6099A.” SYNOPSIS This amendment makes clear that House Bill 130 does not restrict or prohibit a municipality with a population in excess of 50,000 to enact a law requiring stores in excess of 500 square feet to comply with the requirements of HB 130.
FURTHER AMEND House Bill No.
130 by deleting line 85 in its entirety and inserting in lieu thereof the following:
“items when placed in a recycled paper bag or a reusable grocery bag.” FURTHER AMEND House Bill No.
130 by deleting lines 43 and 44 in their entirety.
FURTHER AMEND House Bill No.
130 by deleting lines 88 through 90 in their entirety and inserting in lieu thereof the following:
“(4) Stores that have adopted practices which eliminate the need for plastic carry out bags as outlined in § 6099A(e) do not need to participate in an at-store recycling program as of March 31, 2021.” SYNOPSIS There is a lot of debate surrounding the definition of “compostable”.
This amendment seeks to avoid any confusion or ambiguity by removing non-compostable and compostable plastic bags from HB 130.
This amendment also removes the requirement that a reusable carryout bag made from plastic film be recyclable in this state since there are recycling facilities within Delaware.
The Food Industry Council will work with The Department of Health and Social Services to provide coupons for reusable bags for Delawareans participating in the Delaware Food Stamp Program, Termporary Asisstance for the Needy Families (TANF), or the Women, Infants and Children Program (WIC).
Finally, this amendment provides that 3 months after the effective date of HB 130, stores that have adopted practices that eliminate the need for any plastic carry out bags do not need to participate in an at-store recycling program.
05/14/2019 12:12 PM 2141500108
05/14/2019 04:01 PM 2141500112
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How this bill changes current law

8 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends the existing law to restrict stores from providing single-use plastic carryout bags, promoting the use of reusable bags instead.

  • § 6099A

    For purposes of this subchapter, the following definitions shall apply:

    Clarifies the definitions applicable to the at-store recycling program.

  • § 6099A

    effective January 1, 2021 a Store as defined in (a)(5) shall not provide any single-use plastic carryout bag, as defined in Section (a), to a customer at the point of sale except as provided in this section:

    Institutes a ban on single-use plastic carryout bags with specified exceptions.

  • § 6099A

    A Store may provide plastic carryout bags for any of the following purposes:

    Limits the use of plastic carryout bags to specific purposes outlined in the bill.

  • § 6099A

    The store shall maintain records describing the collection and recycling of plastic carryout bagbags and film collected by such store and shall make the records available to the Department of Natural Resources and Environmental Control (DNREC), upon request, to demonstrate compliance with this section. → The store shall maintain records describing the collection and recycling of plastic carryout bags and film collected by such store and shall make the records available to the Department of Natural Resources and Environmental Control (DNREC), upon request, to demonstrate compliance with this section.

    Corrects a typographical error in the requirement to maintain records.

  • § 6099A

    by obtaining a no objection letter from the federal Food and Drug Administration.

    Removes the requirement for manufacturers to obtain a no objection letter from the FDA for reusable bags.

  • § 6099A

    this subsection is not applicable to a retail establishment specified pursuant to subsection (c) of this section above.

    Clarifies that certain stores are exempt from the requirement to provide reusable bags.

  • § 6099A

    shall not adopt, implement, or enforce an ordinance, resolution, regulation, or rule to do any of the following:

    Restricts local entities from creating additional plastic bag regulations beyond this act.

  • § 6099A

    Any civil penalties collected in accordance with paragraph (g)(1) of this section shall be paid to the Department DNREC. → Any civil penalties collected in accordance with paragraph (h)(1) of this section shall be paid to the Department DNREC.

    Updates the section reference for penalty enforcement to reflect the new structure.

Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 13 YES 8 NO

  3. Amendment SA 1 to HB 130 - Stricken in Senate

  4. Reported Out of Committee (Environmental & Natural Resources) in Senate with 2 Favorable, 1 On Its Merits

  5. Assigned to Environmental & Natural Resources Committee in Senate

  6. Passed By House. Votes: 33 YES 7 NO 1 ABSENT

  7. Amendment HA 5 to HB 130 - Passed In House by Voice Vote

  8. Amendment HA 2 to HB 130 - Stricken in House

  9. Amendment HA 1 to HB 130 - Passed In House by Voice Vote

  10. Amendment HA 2 to HB 130 - Introduced and Placed With Bill

  11. Amendment HA 1 to HB 130 - Introduced and Placed With Bill

  12. Reported Out of Committee (Natural Resources) in House with 1 Favorable, 5 On Its Merits

  13. Introduced in House and Assigned to Natural Resources Committee

Sponsors

Sponsorship breakdown

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14 sponsors · 7 co-sponsors · 41 not signed on · 15 voted No

Sponsors (14)

Co-sponsors (7)

Not signed on (41)

41 members have not signed on to this bill.

Show all 41 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 13 Yea · 8 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Democratic 8100
Republican 0500
Total 13800
% of votes cast 62%38%0%0%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Yea
Bruce C. Ennis — Nay
Catherine Cloutier — Yea
Colin Bonini — Nay
David B. McBride — Yea
Ernesto B Lopez — Yea
Harris B. McDowell — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Nay
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Nay
Bryant L. Richardson Republican Nay
Dave G. Lawson Republican Nay
David L. Wilson Republican Nay
Gerald W. Hocker Republican Nay

Official roll call →

SM

Passed 33 Yea · 7 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 16100
Democratic 12000
Republican 5601
Total 33701
% of votes cast 80%17%0%2%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
David Bentz — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Yea
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Raymond Seigfried — Yea
Ruth Briggs King — Nay
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Not Voting
Charles S Postles Jr. Republican Nay
Daniel B. Short Republican Nay
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Nay
Michael F. Smith Republican Yea
Richard G. Collins Republican Nay
Ronald E. Gray Republican Yea
Shannon Morris Republican Nay
Timothy D. Dukes Republican Nay

Official roll call →

Subjects

environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 130 do?
This bill expands upon the existing at-store recycling program regarding the use of single-use plastic bags. The existing requirements will continue, however stores subject to this program will now be limited from providing single-use plastic bags for only specific uses thereby encouraging a shift to reusable bags. The purpose of the bill, as detailed in the preamble, is to clean up Delaware’s communities and watersheds, reduce storm water and trash management costs to taxpayers, and promote the health and safety of watersheds, wildlife and humans, and the ecosystem’s food chain. On January 1, 2021 this bill enacts a ban on stores providing single-use plastic bags at check-out.
Who sponsors HB 130?
HB 130 is sponsored by Sean M. Lynn (Democratic), Debra Heffernan (Democratic), Krista Griffith (Democratic), Stephanie L. Hansen (Democratic), Edward S. Osienski (Democratic), Melissa Minor-Brown (Democratic), Kendra Johnson (Democratic), Franklin D. Cooke (Democratic), Nnamdi O. Chukwuocha (Democratic), David P. Sokola (Democratic), Trey Paradee, Gerald L. Brady, Harris B. McDowell, Valerie Longhurst, David Bentz, Sherry Dorsey Walker, Earl G. Jaques Jr., Raymond Seigfried, Catherine Cloutier, Paul S. Baumbach, and John A. Kowalko.
What is the current status of HB 130?
This bill has been enacted into law. Introduced April 18, 2019. Enacted.
Where can I track HB 130?
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