Bill Summary for H 959 (2021)

Summary date: 

May 13 2021

Bill Information:

View NCGA Bill Details2021
House Bill 959 (Public) Filed Tuesday, May 11, 2021
AN ACT TO PROHIBIT THE USE OF NON-RECYCLABLE, NON-COMPOSTABLE, OR SINGLE-USE PLASTIC FOOD SERVICE WARE AND SINGLE-USE PLASTIC BAGS AND TO DIRECT THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO STUDY AND REPORT ON PRODUCT STEWARDSHIP PLANS TO INCREASE RECYCLING OF CERTAIN RECYCLABLE PRODUCTS.
Intro. by Hawkins, Harrison.

View: All Summaries for BillTracking:

Bill summary

Enacts GS 130A-309.14 to prohibit State entities and political subdivisions which receive State funds from selling or providing food or beverages in or with disposable food service ware, as defined, unless the ware is reusable or compostable, as defined by statutory cross-reference. 

Appropriates $25,000 from the General Fund to the Department of Administration for 2021-22 to provide technical assistance and education to State agencies, departments, and institutions in compliance with the procurement requirements of GS 130A-309.14, as amended.

Enacts Part 2J, Management of Disposable Food Service Ware, to Article 9, GS Chapter 130A. States legislative findings and sets forth five defined terms. Prohibits prepared food retailers, as defined, from selling or providing food or beverages in or with disposable food service ware, unless such ware is reusable or compostable, as defined.

Amends GS 130A-309.10 to prohibit distributing, selling, or offering for sale any polystyrene foam product to be used in conjunction with food for human consumption unless the city or county where the food is sold offers a polystyrene foam product recycling program (was, unless the product is composed of material that is recyclable).

Reenacts and makes the following changes to expand Part 2G, Plastic Bag Management, of Article 9, GS Chapter 130A. Revises the legislative findings to apply statewide rather than focusing on coastal areas. Repeals GS 130A-309.125, which limits the Part's scope to counties which include a barrier island or peninsula that meets specified criteria. Makes technical changes. 

Makes the above provisions apply to retail sales on or after October 1, 2023.

Directs the Department of Environmental Quality to report to the Environmental Review Commission by March 1, 2022, findings and a proposal for legislation to establish a system for producers of certain products other than those regulated in this act to create and carry out product stewardship plans. Defines product stewardship plan as a plan developed by a producer of covered single-use products either individually or as part of an organization of product producers to meet specified goals for increases in recycling and composting of recyclable and compostable covered single-use products. Requires consultation with specified stakeholders. Requires the report to include two components: (1) the types of products that should be subject to product stewardship plans, subject to required considerations, and (2) the goals and timeline for increasing postconsumer content in covered products, creating market demand for recycling of covered products, and, if no market can be established, for transition to compostable products. 

Provides for the following, notwithstanding the above enactments. Permits State entities and political subdivisions to continue to use its stocks of food service ware purchased prior to October 1, 2023, until such stocks are exhausted. Permits prepared food retailers to continue to use stocks of food service ware purchased prior to October 1, 2023, until the earlier of July 1, 2024, or when such stocks are exhausted. Permits a retailer to continue to use stocks of plastic bags subject to the ban enacted by Part 2G, Article 9, GS Chapter 130A, as amended, until the earlier of July 1, 2024, or when such stocks are exhausted. 

© 2021 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view