House committee substitute to the 2nd edition makes the following changes. Deletes all proposed revisions to GS 105-187.63 (use of tax proceeds).
Amends GS 143-58.2 (state policy and bid procedures, etc.) as follows. States that additional policy of the State is that all State departments and other units will, to the extent economically practicable, purchase and use, or require the purchase and use of, materials and supplies with compostable or recyclable content in food establishments operated under the auspices of the department, institution, agency, community college, and local school administrative unit.
Further amends the solid waste report requirements set forth in GS 130A-309.06(c) to delete the requirement that the summary of reports set forth in GS 130A-309.06(c)(21) include progress towards reaching the goals set forth in GS 143-58.3 (recycled paper and other goods).
Changes the entity charged with studying the issue of food service ware from the Joint Legislative Oversight Committee on Agriculture and Natural Resources to the UNC NC Policy Collaboratory (Collaboratory). Makes conforming and technical changes. Adds to the preliminary report required by the Legislative Services Officer to include any additional costs associated with replacing food service ware with compostable or recyclable materials.
Changes the entity charged with implementing the pilot program from the Division of Services for the Blind within the Department of Health and Human Services to the Department of Natural and Cultural Resources (Department). Changes the scope of the pilot program as follows: only focuses on eliminating the sale or provision of food or beverages in with service ware without any focus on where it is consumed and the facilities must operated by the Department instead of vending facilities for the blind. Requires the Department’s preliminary report to now also include information on any additional costs associated with replacing food service ware with compostable or recyclable materials.
Changes the definition of food service ware from noncompostable and nonrecyclable products to products other than compostable or recyclable products. Deletes provisions that specified that nonrecyclable does not include post use polymers or recovered feedstock processed at an advanced recycling facility.
Appropriates $50,000 in nonrecurring funds to the Collaboratory from the General Fund for FY 2023-24 to carry out the study described above, effective July 1, 2023. Deletes references to Section 1 in the effective date and the effective date for that deleted section.
Makes organizational changes.
Bill Summaries: H28 (2023-2024 Session)
Bill H 28Summary date: Apr 19 2023 - View summary
Bill H 28 (2023-2024)Summary date: Feb 7 2023 - View summary
House committee substitute to the 1st edition makes the following changes. Changes the definition of food service ware in GS 105-187.63(2a) to include nonrecyclable products. Clarifies that nonrecyclable does not include post-use polymers or recovered feedstock processed at an advanced recycling facility. Makes the same changes to food service ware as it is used in Section 3 (the study on food service ware) and Section 4 (concerning the reduction of food service ware at NCGA and agencies).
In Section 4, adds beverage services which includes the provision of coffee, water, and other beverages in committee meetings and the legislative chambers, to the types of establishments that the Legislative Services Officer is required to evaluate for opportunities for the reduction of food service ware.
Bill H 28 (2023-2024)Summary date: Jan 30 2023 - View summary
Amends GS 105-187.63 concerning the quarterly distribution of proceeds collected of the solid waste disposal tax. Adds a new credit or distribution of 5% to cities and counties that provide plastics recycling services within their jurisdictions on a per capita basis, with one-half of the amount distributed to eligible cities and one-half of the amount distributed to eligible counties (makes a conforming reduction in the amount that was to be distributed to the General Fund). Excludes the city populations from the county population for purposes of the distribution. Requires the Department of Environmental Quality (DEQ) to annually provide the Secretary of Revenue (Secretary) with a list of eligible cities and counties by May 15, applicable to distributions made in the fiscal year that begins on July 1 of that year. Restricts use of funds distributed under the new provision to plastics recycling and food service ware waste reduction programs and services. Specifically authorizes use of distributed funds for the procurement of alternatives to food service ware to be used by the city or county. Defines food service ware as noncompostable products used by a food provider designed for one-time use for serving or transporting prepared, ready-to-consume food or beverages and incorporates that definition into sections 3 and 4, discussed below. Effective July 1, 2024.
Amends GS 143-58.2 to refer to the Division of Environmental Assistance and Customer Service (Division) of DEQ, rather than the Division of Environmental Assistance and Outreach. Adds a new annual reporting requirement for all State departments, institutions, agencies, community colleges, and local administrative units which have authority to purchase materials and supplies to require each entity to report to the Division on or before October 1 the amounts and types of materials and supplies with recycled content that were purchased during the previous fiscal year and its progress toward reaching goals under GS 143-58.3. Amends GS 130A-309.14 to require State departments, institutions, agencies, community colleges, and local school administrative units to report annually to the Division on the amounts and types of materials collected for recycling. Amends GS 130A-309.06 to expand upon the requirements of the report from DEQ to the ERC to: (1) now require that the report also be submitted to the Joint Legislative Commission on Governmental Operations; (2) require that the report include a summary of reports from State departments, institutions, agencies, community colleges, and local school administrative units authorized to purchase materials and supplies on the amounts and types of materials and supplies with recycled content that were purchased during the previous fiscal year and the progress toward reaching the named statutory goals; (3) require that the report include a summary of the reports from those same entities on the amounts and types of materials collected for recycling during the previous fiscal year.
Directs the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources to study the issue of food service ware by examining 10 specific matters, including the environmental impacts of plastics pollution, pending and enacted legislation in other states to regulate food service ware, and alternatives to use of food service ware for serving or transporting food and beverages. Requires the Committee to consult with stakeholders, including State departments, representatives of the environmental community, the NC Retail Merchants Association, and the NC Beverage Association. Requires the Committee to report to the 2024 Session of the 2023 General Assembly upon its convening.
Directs the Legislative Services Officer to evaluate opportunities to reduce the use of food service ware in food establishments operated by the General Assembly and implement the measure at the earliest date that does not result in disposal prior to use of food service ware already procured on the date the act becomes law and does not impair contracts for purchase of food service ware in effect on the date the act becomes law. Directs the Legislative Services Officer to submit a preliminary report to the Commission by September 1, 2023, and a final report by March 1, 2024.
Directs the Division of Services for the Blind, in the Department of Health and Human Services, to implement a pilot program to eliminate the sale or provision of food or beverages for consumption on or off the premises, in or with food service ware at State agencies or political subdivision agencies that use State funds. Requires the Division to identify five food establishments operated by State agencies in implementing the pilot within the same timeline parameters as those given for the Legislative Services Officer. Directs the Division to submit a preliminary report to the Commission by September 1, 2023, and a final report by March 1, 2024.