NC MANAGING ENVIRONMENTAL WASTE ACT OF 2019.

View NCGA Bill Details2019-2020 Session
House Bill 823 (Public) Filed Tuesday, April 16, 2019
AN ACT TO ESTABLISH THE "NC MANAGING ENVIRONMENTAL WASTE ACT OF 2019" TO ADDRESS THE ISSUE OF SINGLE-USE PLASTICS BY, AMONG OTHER MEASURES, INCREASING REVENUE DISTRIBUTED TO CITIES AND COUNTIES WITH PROGRAMS TO REDUCE PLASTIC WASTE, ESTABLISHING A PILOT PROGRAM TO REDUCE THE USE OF SINGLE-USE PLASTICS AT STATE-OPERATED FOOD SERVICE FACILITIES, AND DIRECTING THE ENVIRONMENTAL REVIEW COMMISSION TO STUDY THE ISSUE OF SINGLE-USE PLASTICS.
Intro. by Warren, McGrady, Harrison, Grange.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (May 7 2019)
H 823

Bill Summaries:

  • Summary date: May 6 2019 - More information

    House committee substitute to the 3rd edition makes the following changes. 

    Adds to the proposed changes to GS 105-187.63 concerning the proposed quarterly 5% distribution of proceeds collected of the solid waste disposal tax to cities and counties that provide plastics recycling services within their jurisdictions. Now restricts funds distributed under the new provision for plastics recycling and single-use plastics waste reduction (rather than single-use plastics reduction) programs and services. Defines single use plastics as used in the new provision to mean non-recyclable and noncompostable single use disposable products food service ware used by a food provider for serving or transporting prepared, ready to consume food or beverages including plastic or polystyrene plates, cups, bowls, trays, utensils, straws, cup lids, and hinged or lidded containers.

    Adds that as a part of its study on the issue of single-use plastics, the Environmental Review Commission must study new technologies for plastics recycling and waste reduction. 


  • Summary date: May 6 2019 - More information

    House committee substitute to the 2nd edition makes the following changes. Adds that as a part of its study on the issue of single-use plastics, the Environmental Review Commission must study the impact that bans on single-use plastics packaging and food service ware have had on people with disabilities. Makes the Division of Services for the Blind (rather than the Department of Administration), which is within the Department of Health and Human Services, responsible for implementing the pilot program to eliminate the sale or provision of food or beverages for consumption on or off the premises, on or with single-use plastics at State agencies or agencies of a political subdivision of the State that is using State funds. 


  • Summary date: Apr 30 2019 - More information

    House committee substitute to the 1st edition makes the following changes.

    Modifies the definition of single-use plastic as the term is used in the act to refer to non-recyclable and noncompostable single-use disposable products food service ware used as described (was, only noncompostable).


  • Summary date: Apr 17 2019 - More information

    Amends GS 105-187.63 to modify the quarterly distribution of proceeds collected of the solid waste disposal tax. Now requires 32.5% rather than 37.5% to be credited or distributed to cities and counties that provide solid waste management programs and services, on a per capita basis according to existing law.

    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. Excludes the city populations from the county population for purposes of the distribution. Requires the Department of Environmental Quality (DEQ) to adopt rules to establish eligibility criteria and 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 funds distributed under the new provision for plastics recycling and single-use plastics reduction programs and services. Specifically authorizes use of distributed funds for the procurement of alternatives to single-use plastics for packaging and food service ware to be used by the city or county. 

    The above provisions are effective July 1, 2020.

    Amends GS 143-58.2 to refer to the Division of Environmental Assistance and Consumer Service (Division) of DEQ, rather than the Division of Pollution Prevention and Environmental Assistance. 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. Requires the Division to prepare a summary of the reports for the Environmental Review Commission (Commission) by December 1 of each year, and include the summary in the solid waste management report required by GS 130A-309.06(c). Additionally, creates a separate annual reporting requirement for all State departments, institutions, agencies, community colleges, and local administrative units to report to the Division on or before October 1 the amounts and types of materials collected for recycling within the respective entity. Requires the Division to prepare a summary of the reports for the Commission by December 1, and include the summary in the solid waste management report required by GS 130A-309.06(c). Makes conforming changes to GS 130A-309.06(c).

    Directs the Commission to study single-use plastics by examining at least seven specific matters, including the environmental impacts of plastics pollution, pending and enacted legislation in other states to regulate single-use plastics, and alternatives to use of single-use plastics for packaging and food service ware. Requires the Commission to consult with stakeholders, including State departments, representatives of the environmental community, the NC Retail Merchants Association, and the NC Beverage Association. Requires the Commission to report to the 2020 Session of the General Assembly upon its convening.

    Directs the Legislative Services Officer to evaluate opportunities to reduce the use of single-use plastics in food establishments operated by the General Assembly and implement the measure at the earliest date that does not result in waste of single-use plastics 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, 2019, and a final report by March 1, 2020.

    Directs the Department of Administration (Department) 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 single-use plastics at State agencies or political subdivision agencies that use State funds. Requires the Department 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 Department to submit a preliminary report to the Commission by September 1, 2019, and a final report by March 1, 2020. 

    Defines single-use plastic as used in the act. Requires DEQ to adopt rules to implement GS 105-187.63(2a), as enacted.


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