Bill would further crack down on single-use plastic bags in Delaware

By Matt Bittle
Posted 6/4/21

DOVER — Legislation filed Thursday would close a loophole in Delaware’s ban on plastic bags.

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Bill would further crack down on single-use plastic bags in Delaware

Posted

DOVER — Legislation filed Thursday would close a loophole in Delaware’s ban on plastic bags.

In 2019, the General Assembly voted to prohibit single-use carryout plastic bags at large stores and chains. The law took effect this year, but some stores have gotten around the ban by offering non-reusable thicker plastic bags.

“Shortly after the implementation of the state’s prohibition on single-use plastic bags, we realized the law of unintended consequences was occurring,” main sponsor Rep. Gerald Brady, a Wilmington Democrat, said in a statement. “We immediately received complaints from constituents that new, thicker plastic bags were being provided by several stores. This practice was in clear violation of the spirit of the bill and our intent.

“Unfortunately, the thicker bags only compounded the threat on our environment. It became apparent that further steps would be required to reduce the use of plastic bags, thus protecting our ecosystem, cleaning up our communities and purifying our watersheds. Fortunately, we have witnessed many stores across the state embrace the new law, which is encouraging.

"Such compliance clearly indicates we are proceeding in the proper direction, while protecting our environment and further demonstrates the willingness of businesses to join in this partnership. Now is the time for us to take action as we advance our efforts to ensure total compliance.”

House Bill 212 would increase the minimum thickness for a plastic bag to qualify as reusable from 2.25 millimeters to 10 millimeters, beginning Jan. 1. It would initially apply only to stores with more than 7,000 square feet of retail sales space or chains with three or more locations that have at least 3,000 square feet of retail space. Starting July 1 of next year, however, it would cover all stores.

The bill specifically defines a reusable bag as one that has a capacity of at least 4 gallons, is made of “polypropylene fabric, PET non woven fabric, nylon, cloth, cotton, jute, hemp product, or other washable fabric” and is intended to be used at least 125 times.

It would retain exemptions for plastic bags used to wrap meat or plants, bags that contain loose items, bags with live animals, bags placed over articles of clothing on a hanger and bags used to transport chemical pesticides, bakery goods or prepared foods.

According to the U.S. Environmental Protection Agency, 90% of plastic bags, sacks and wraps were not recycled in 2018, resulting in more than 3 million tons’ worth ending up in landfills. Per the Delaware Department of Natural Resources and Environmental Control, landfills in the state see almost 2,400 tons of plastic bags every year.

“Plastic bags from retail stores simply don’t get recycled at a meaningful rate in Delaware or anywhere else, so the best case scenario is they end up in the landfill where they won’t break down for thousands of years,” House Majority Leader Valerie Longhurst, a Bear Democrat, said in a statement. “But all too commonly, single-use plastic bags end up littered along our roads and blown or washed into our natural areas and waterways. The law we passed in 2019 was crafted to help fix that, but we obviously still have work to do.”

The bill has been assigned to the House Natural Resources Committee.

“Moving our state away from single-use plastic bags will help preserve our waterways and green spaces, reduce litter in our communities, and protect the long-term health of our neighbors,” Sen. Kyle Evans Gay, a Talleyville Democrat said in a statement. “Our children and grandchildren deserve to inherit a Delaware free of trash and pollution and we need to protect our community from microplastics that end up in the food supply. The time has come for us to take the next step in doing what’s right for our environment and our health.”

Other bills filed Thursday would make June 19 (Juneteenth), which commemorates the freeing of enslaved Blacks, a state holiday; require most employers to allow their workers to take paid leave for part of the day to vote; and prevent discrimination against individuals who do not receive a COVID-19 vaccine, including by barring certain state agencies or similar entities from mandating vaccinations. The University of Delaware and Delaware State University have announced they are requiring students and staff to be vaccinated on campus in the fall, which has drawn criticism from some conservatives.

“There are some people that may have religious objections,” Rep. Rich Collins, a Millsboro Republican who is the lead sponsor of the vaccination bill, said in a statement. “Others may believe that the vaccine poses a bigger threat than contracting the virus. In any case, our citizens have the right of self-determination, the right to worship as they see fit, and the expectation that their health care privacy will be respected. My bill seeks to safeguard these citizens’ protections as it relates to the administration of the vaccine.”

According to the state, 50% of Delawareans have received at least one dose of the vaccine, including nearly 61% of people 18 and older.

The regularly scheduled legislative session concludes at the end of the month, although lawmakers will pick up where they left off come January.

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