The 2009 Repeal Campaign Unsuccessful
Delaware bottle law still alive and well

A bill was introduced late in the legislative session to repeal Delaware's 27-year-old bottle bill. Passed in House and Senate, the bill was ultimately vetoed by the governor. Get the full story below.

Bill Number and Name House Bill 201 Bill text
Primary Sponsor Viola
Reclamation System All deposit and refund activities would cease on September 1, 2010

Details

On June 9, 2009, a bill to repeal Delaware's deposit law was introduced in the House of Representatives. The main argument behind the bill was that a significant portion of Delawareans have access to curbside recycling; thus the beverage container deposit law was unnecessary and even detrimental to these programs.

The bill was passed in the House at the last minute on Jun 30, the last official day that legislature was in session. Senate passed the bill the next day.

Outcry

Bottle bill supporters vehemently opposed the passage of a bottle bill repeal and made their beliefs well known. Arguments against the bill were many, including:

Bottle bill supporters across the country were encouraged to contact Delaware Governor John Markell and urge him to veto the bill.

The Verdict

After an intense 3 weeks of waiting, hoping, and letter-writing, bottle bill advocates were rewarded. Governor Markell published a press release stating that he had vetoed the bill and his interest in finding more effective methods of moving forward as "a leader in environmental issues." The release included his entire letter to the legislature explaining that the bottle bill has been shown to reduce litter and the repeal bill would end that success without offering alternatives. In addition, he thought it impermissible that consumers would not be refunded for deposits paid before the system ended.

In his letter to the legislature, Markell acknowledged that the existing bottle bill has its flaws and that Delaware's recycling rate is too low, and he expressed his hope that the state could develop comprehensive "alternatives to the current Bottle Bill that will further promote waste diversion and recycling efforts in Delaware, while being fair to Delaware taxpayers."

He announced that he had directed members of the Department of Natural Resources and Environmental Control and the Delaware Economic Development Office to work with the legislature, environmentalists, and industry representatives to find a workable solution.

What's Next

Activists are thrilled that their efforts paid off. According to Governor Markell's office, they received more emails and calls on this issue than on any other in the past several months. Bottle bill advocates believe the nationwide response to a single-state issue - and the governor's response to it - shows how deposit legislation is important to the entire country.

While the veto is a very good sign, the fight is not yet over. Pat Todd of the League of Women Voters of Delaware explains, "Delaware bottle bill supporters will now work with the legislators to change several minds so that the veto is not over-ridden.  Also supporters will be working to include more containers in a new bill introduced in January 2010."

Progress

June 9, 2009: Introduced in House, referred to Natural Resources Committee

June 18, 2009: Passed out of committee

June 30, 2009: Passed by House

July 1, 2009: Passed by Senate

July 20, 2009: Vetoed by governor

Contacts

Pat Todd
League of Women Voters of Delaware
1401 Pennsylvania Ave. #1204
Wilmington, DE 19806
Phone: 302-762-5995
[email protected]