Bill Summary for H 823 (2019-2020)
|View NCGA Bill Details||2019-2020 Session|
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.
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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.