Delaware 2023-2024 Regular Session

Delaware Senate Bill SB263 Latest Draft

Bill / Draft Version

                            SPONSOR:      Sen. Paradee & Rep. Phillips & Rep. Baumbach       Sens. Hansen, Hoffner, Sokola, Sturgeon; Reps. Lambert, Morrison           DELAWARE STATE SENATE   152nd GENERAL ASSEMBLY       SENATE BILL NO. 263       AN ACT AMENDING TITLE 7 OF THE DELAWARE CODE RELATING TO SOLID WASTE RECYCLING.      

     

     SPONSOR:      Sen. Paradee & Rep. Phillips & Rep. Baumbach       Sens. Hansen, Hoffner, Sokola, Sturgeon; Reps. Lambert, Morrison     

SPONSOR: Sen. Paradee & Rep. Phillips & Rep. Baumbach
Sens. Hansen, Hoffner, Sokola, Sturgeon; Reps. Lambert, Morrison

 SPONSOR:  

 Sen. Paradee & Rep. Phillips & Rep. Baumbach 

 Sens. Hansen, Hoffner, Sokola, Sturgeon; Reps. Lambert, Morrison 

   

 DELAWARE STATE SENATE 

 152nd GENERAL ASSEMBLY 

   

 SENATE BILL NO. 263 

   

 AN ACT AMENDING TITLE 7 OF THE DELAWARE CODE RELATING TO SOLID WASTE RECYCLING. 

   

  BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:     Section 1. Amend 6052, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows  and redesignating accordingly :        6052. Definitions.     Notwithstanding any definitions in Chapter 60 or 64 of this title to the contrary, the following words and phrases shall have the meaning ascribed to them in this subchapter unless the context clearly indicates otherwise.     For purposes of this subchapter:    (2) Beverage means  any mineral waters (but not including naturally sparkling mineral waters), soda waters or any other carbonated beverage not containing alcohol that is commonly known as a soft drink and any beer, ale or other malt beverage containing alcohol.   any of the following products in liquid form:     a. Alcoholic liquors as defined in 101 of Title 4.     b. Non-alcoholic beer, wine, or spirits.     c. Water or flavored water.     d. Seltzer.     e. Mineral water, soda, or similar carbonated soft drinks.     f. Carbonated or noncarbonated juices or juice drinks.     g. Sports drinks.     h. Energy drinks.     i. Coffee or tea.     j. Kombucha.     (3) Beverage container means any airtight  nonaluminous   glass, metal, bimetal, or plastic can, bottle, jar, or other  container  containing   used to hold  less than 2 quarts of a  beverage under pressure of carbonation.   beverage, except that beverage container does not include aseptic containers, such as juice boxes.     Section 2. Amend 6057, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:      6057. Beverage containers Findings, intent, prohibitions.    (a) The General Assembly hereby finds  that   that:      (1) Aluminum and glass  beverage containers are  a valuable   valuable  recyclable  material   materials  and a major source of nondegradable litter  and landfill matter  in this  State   State.   and that the      (2) The  collection and disposal of this litter and solid waste constitutes a great financial burden for the citizens of this  State;   State.   and that, in      (3) In  addition to this unnecessary expenditure of tax moneys, such litter unreasonably interferes with the enjoyment of life and property by our  citizens;   citizens.   and that the      (4) The  practice of littering and disposal  of a   of valuable  recyclable  material   materials  is not compatible with previously adopted policies of the State  in regard to   regarding  proper  use   use, circularity,   and  protection of our natural  resources   resources, sustainability, and reducing landfill waste.     (b) It is the intent of the General Assembly to increase  landfill diversion through significantly increased rates of reuse, circularity, and   through   recycling   recycling,   significantly,  inclusive of beverage containers, thereby conserving valuable natural resources, removing the blight of litter on the landscape of the State caused by the disposal of beverage containers and other packaging, and  reduce   reducing  the increasing costs of litter collection and disposal.     (c)  Prohibitions.   No beverage  shall   may  be sold or offered for sale in this  State:   State in a beverage container that is any of the following:      (1)  In containers   Packaged with or  connected to  each  other  beverages  with  any  plastic  rings   connectors, including plastic rings, plastic tops, or plastic shrink wraps.   or similar devices which are not classified by the Department as biodegradable, photodegradable or recyclable.      (2)  In a beverage container which is not   Not  recyclable or refillable.      (3) Packaged with or connected to other beverages using rings or ring-like designs, regardless of material.     Section 3. This Act takes effect on  July 1, 2025.       

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: 

   Section 1. Amend 6052, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows  and redesignating accordingly : 

      6052. Definitions. 

   Notwithstanding any definitions in Chapter 60 or 64 of this title to the contrary, the following words and phrases shall have the meaning ascribed to them in this subchapter unless the context clearly indicates otherwise. 

   For purposes of this subchapter: 

  (2) Beverage means  any mineral waters (but not including naturally sparkling mineral waters), soda waters or any other carbonated beverage not containing alcohol that is commonly known as a soft drink and any beer, ale or other malt beverage containing alcohol.   any of the following products in liquid form: 

   a. Alcoholic liquors as defined in 101 of Title 4. 

   b. Non-alcoholic beer, wine, or spirits. 

   c. Water or flavored water. 

   d. Seltzer. 

   e. Mineral water, soda, or similar carbonated soft drinks. 

   f. Carbonated or noncarbonated juices or juice drinks. 

   g. Sports drinks. 

   h. Energy drinks. 

   i. Coffee or tea. 

   j. Kombucha. 

   (3) Beverage container means any airtight  nonaluminous   glass, metal, bimetal, or plastic can, bottle, jar, or other  container  containing   used to hold  less than 2 quarts of a  beverage under pressure of carbonation.   beverage, except that beverage container does not include aseptic containers, such as juice boxes. 

   Section 2. Amend 6057, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 

    6057. Beverage containers Findings, intent, prohibitions. 

  (a) The General Assembly hereby finds  that   that:   

  (1) Aluminum and glass  beverage containers are  a valuable   valuable  recyclable  material   materials  and a major source of nondegradable litter  and landfill matter  in this  State   State.   and that the   

  (2) The  collection and disposal of this litter and solid waste constitutes a great financial burden for the citizens of this  State;   State.   and that, in   

  (3) In  addition to this unnecessary expenditure of tax moneys, such litter unreasonably interferes with the enjoyment of life and property by our  citizens;   citizens.   and that the   

  (4) The  practice of littering and disposal  of a   of valuable  recyclable  material   materials  is not compatible with previously adopted policies of the State  in regard to   regarding  proper  use   use, circularity,   and  protection of our natural  resources   resources, sustainability, and reducing landfill waste. 

   (b) It is the intent of the General Assembly to increase  landfill diversion through significantly increased rates of reuse, circularity, and   through   recycling   recycling,   significantly,  inclusive of beverage containers, thereby conserving valuable natural resources, removing the blight of litter on the landscape of the State caused by the disposal of beverage containers and other packaging, and  reduce   reducing  the increasing costs of litter collection and disposal. 

   (c)  Prohibitions.   No beverage  shall   may  be sold or offered for sale in this  State:   State in a beverage container that is any of the following: 

    (1)  In containers   Packaged with or  connected to  each  other  beverages  with  any  plastic  rings   connectors, including plastic rings, plastic tops, or plastic shrink wraps.   or similar devices which are not classified by the Department as biodegradable, photodegradable or recyclable.   

  (2)  In a beverage container which is not   Not  recyclable or refillable. 

    (3) Packaged with or connected to other beverages using rings or ring-like designs, regardless of material. 

   Section 3. This Act takes effect on  July 1, 2025.  

   

  SYNOPSIS   This Act limits the use of plastic and other beverage container rings, as well as plastic shrink wraps and plastic tops used to connect beverages, by expanding the definitions of beverage and beverage container and prohibiting beverages from being sold in containers connected to each other with plastic, ring, or ring-like connectors. Juice boxes and other aseptic containers are not defined as beverage containers and are not included in the ban.      By prohibiting the use of rings or plastic connectors to package or connect beverage containers, this Act reduces waste and furthers the States sustainability goals. It also supports the use of beverage packaging alternatives, which are already being used widely. This Act also updates the findings of the General Assembly to reflect the importance of aluminum and glass as recyclables and the need for increased rates of reuse, circularity, and recycling of these valuable materials.       This Act takes effect on July 1, 2025.      This Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.   Author: Senator Paradee  

 SYNOPSIS 

 This Act limits the use of plastic and other beverage container rings, as well as plastic shrink wraps and plastic tops used to connect beverages, by expanding the definitions of beverage and beverage container and prohibiting beverages from being sold in containers connected to each other with plastic, ring, or ring-like connectors. Juice boxes and other aseptic containers are not defined as beverage containers and are not included in the ban. 

  

 By prohibiting the use of rings or plastic connectors to package or connect beverage containers, this Act reduces waste and furthers the States sustainability goals. It also supports the use of beverage packaging alternatives, which are already being used widely. This Act also updates the findings of the General Assembly to reflect the importance of aluminum and glass as recyclables and the need for increased rates of reuse, circularity, and recycling of these valuable materials.  

  

 This Act takes effect on July 1, 2025. 

  

 This Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. 

 Author: Senator Paradee