View NCGA Bill Details2013-2014 Session
House Bill 949 (Public) Filed Tuesday, April 16, 2013
Intro. by Moffitt, McGrady, West.

Status: Ref to the Com on Commerce and Job Development, if favorable, Environment, if favorable, Finance (House Action) (Apr 17 2013)
H 949

Bill Summaries:

  • Summary date: Apr 16 2013 - More information

    Enacts a new Part 2I, Market-Based Recycling Program for Packaging and Printed Paper, in GS Chapter 130A, Article 9. Includes findings by the General Assembly setting out policy reasons for the state's support and advocacy for the reuse of material and energy resources.

    Providesdefinitions for terms as used in this part, including definitions for recycler, producer recycling program, andproducer, among others. Defines a produceras a person that (1) has legal ownership of a brand, brand name, or co-brand of a product sold, delivered, or distributed in the state that results in waste packaging or printed paper; (2) makes an unbranded product sold, offered, or distributed in the state resulting in waste packaging or printed paper; or (3) sells packaging and printed paper at retail, does not have legal ownership of the brand, and elects to fulfill the responsibilities of the producer for that product. Defines recyclerto mean a person that recycles waste packaging and printed paper and producer recycling programto mean a requirement for a producer to provide for or finance the recycling of packaging and printed paper including education and collection and recycling of materials.

    Requires each producer, acting individually or as a member of a joint producer recycling program, to implement a producer recycling program plan for collecting and recycling packaging and printed paper discarded by households in North Carolina that meets the requirements of proposed GS 130A-309.163no later than June 1, 2016.

    Requires a producer to register with the Department ofEnvironment and Natural Resources(DENR) before offering products for sale in the state that would result in waste packaging or printed paper and to present a proposed producer recycling program plan to DENR within 90 days of registration.Provides specific requirementsin new GS 130A-309.163 for the development of a producer recycling program plan (plan), including required plan content. Setsmandatory recycling rates to be met by June 1, 2020, and June 1, 2023. Requires a biannual update of the plan, and sets reporting requirements.

    Exempts producers of packaging or printed paper with gross sales in North Carolina of less than $250,000 from the requirements of new Part 2I of GS Chapter130A, Article 9. Requires a producer with gross sales in this state between $250,000 and $500,000 to pay an annual fee to a producer recycling organization of no more than $750 instead of payment of any other fees or compliance with any other requirements established under this part.

    Confers immunity from liability on a producer or a group of producers acting under a joint producer recycling programfor conduct that would otherwise be prohibited under state law relating to antitrust, restraint of trade, unfair trade practices, and regulation of trade to the extent that the conduct is necessary to develop, implement, and financeproducers' responsibilities under this part.

    Prohibits a producer or group of producers acting jointly from using funds collected under new GS 130A-309.163(g) (permits imposition of a fee on producers participating in a joint producer program) to (1) disparage or make false or misleading claims against packaging material typesor (2)influence legislation or governmental action other than to amend a program plan. Also prohibits charging a visible fee to households, consumer, or businesses in order to comply with the requirements of this part.

    Specifies the responsibilities of DENR in the review and approval of producer recycling program plans. Directs DENR to develop and implement a public education program on recycling and reuse of packaging and printed paper and on the methods available to consumers to comply with the laws set out under this part. Requires that this information be available onDENR's web site. Also includes annualreporting requirements for DENR. Directs DENR to consult with local governments to ascertain the impact of the producer recycling activities conducted under this part on reducing the recycling activities of units of local government.

    Authorizes DENR to participate in establishing a regional multistate organization or compact to carry out the requirements of this part.

    Prohibits sales or any distribution of a product in this state after June 1, 2016, that would result in waste packaging and printed paper unless the producer participates individually or jointly in an approved producer recycling program for packaging and printed paper. Provides that new Part 2I maybe enforced as provided by Part 2 of Article 1 of GS Chapter 130A. Provides for a private right of action for a producer injured by a violation of the requirements of this part by another producer.

    Prohibits a unit of local government from assessing a fee for collection and recycling services that it no longer providesor for collection and recycling costs for which it is reimbursed by producers. Provides that this part is not to be construed as voiding or otherwise impairing any existing contracts between a unit of localgovernment and any entity for collection and recycling servicesnor as limiting the authority of any local government to manage packaging and printed material that are solid waste. Authorizes a unit of local government to opt out of participating in a producer recycling program. Directsa producer to provide a local government with information about the producer's activities within the jurisdiction of the local government.

    Establishes the Producer Recycling Management Account as a nonreverting account within DENR, consisting of revenue credited to the fund from the proceeds of the fee paid to DENR and imposed on the producers under new GS 130A-309.163(h). Limits the funds in the account to use by DENR for implementation, administration, oversight, and enforcement of the provisions of this part.

    Amends GS 130A-309.03 to delete provision requiring counties to develop and implement recycling programs.

    Provides that this act is effective July 1, 2014.

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