Virginia House Bill 1902 (Prior Session Legislation)

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Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: Engrossed on January 18 2021 - 50% progression, died in chamber
Action: 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Agriculture, Conservation and Natural Resources (14-Y 0-N)
Text: Latest bill text (Engrossed) [HTML]

Expanded polystyrene food service containers; prohibition; civil penalty. Prohibits the dispensing by a food vendor of prepared food to a customer in a single-use expanded polystyrene food service container, as defined in the bill. The bill requires certain chain restaurants to stop using such containers by July 1, 2023, and sets the date for compliance by all food vendors as July 1, 2025. The bill exempts nonprofit organizations from the definition of "food vendor" and provides a process by which a locality may grant consecutive one-year exemptions to individual food vendors on the basis of undue economic hardship. The bill provides a civil penalty of not more than $50 for each day of violation, to be collected in a civil action brought by the Attorney General or the relevant locality. The penalties collected are to be deposited in the Litter Control and Recycling Fund or to the treasury of the relevant locality, as appropriate. A portion of the penalties deposited in the Fund are to be used for public information campaigns to discourage the sale and use of expanded polystyrene products. Finally, the bill directs the Department of Environmental Quality to post to its website information on compliance and the filing of complaints. This bill is a reenactment of Chapter 1104 of the Acts of Assembly of 2020. Expanded polystyrene food service containers; prohibition; civil penalty. Prohibits the dispensing by a food vendor of prepared food to a customer in a single-use expanded polystyrene food service container, as defined in the bill. The bill requires certain chain restaurants to stop using such containers by July 1, 2023, and sets the date for compliance by all food vendors as July 1, 2025. The bill exempts nonprofit organizations from the definition of "food vendor" and provides a process by which a locality may grant consecutive one-year exemptions to individual food vendors on the basis of undue economic hardship. The bill provides a civil penalty of not more than $50 for each day of violation, to be collected in a civil action brought by the Attorney General or the relevant locality. The penalties collected are to be deposited in the Litter Control and Recycling Fund or to the treasury of the relevant locality, as appropriate. A portion of the penalties deposited in the Fund are to be used for public information campaigns to discourage the sale and use of expanded polystyrene products. Finally, the bill directs the Department of Environmental Quality to post to its website information on compliance and the filing of complaints. This bill is a reenactment of Chapter 1104 of the Acts of Assembly of 2020.

Expanded polystyrene food service containers; prohibition, civil penalty.

Del. Betsy Carr [D]	Del. Alfonso Lopez [D]	Del. Kaye Kory [D]	Del. Paul Krizek [D]
Del. Mark Levine [D]	Del. Kathleen Murphy [D]	Del. Kenneth Plum [D]	Del. Lee Ware [R]

2021-02-05 - Senate - Senate: Continued to 2021 Sp. Sess. 1 in Agriculture, Conservation and Natural Resources (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]
2021-01-19 - House - House: VOTE: Passage (58-Y 40-N) (Y: 58 N: 40 NV: 0 Abs: 2) [PASS]
2021-01-13 - House - House: Reported from Agriculture, Chesapeake and Natural Resources (15-Y 7-N) (Y: 15 N: 7 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2021-02-05	Senate	Continued to 2021 Sp. Sess. 1 in Agriculture, Conservation and Natural Resources (14-Y 0-N)
2021-01-20	Senate	Referred to Committee on Agriculture, Conservation and Natural Resources
2021-01-20	Senate	Constitutional reading dispensed
2021-01-19	House	VOTE: Passage (58-Y 40-N)
2021-01-19	House	Read third time and passed House (58-Y 40-N)
2021-01-18	House	Printed as engrossed 21100816D-E
2021-01-18	House	Engrossed by House as amended HB1902E
2021-01-18	House	Amendment by Delegate Carr agreed to
2021-01-18	House	Read second time
2021-01-15	House	Read first time
2021-01-13	House	Reported from Agriculture, Chesapeake and Natural Resources (15-Y 7-N)
2021-01-08	House	Referred to Committee on Agriculture, Chesapeake and Natural Resources
2021-01-08	House	Prefiled and ordered printed; offered 01/13/21 21100816D

HB1902 (Carry Over) 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Agriculture, Conservation and Natural Resources (14-Y 0-N)

Chapter	Article	Section	Citation Type	Statute Text
10	1	1414	(n/a)	See Bill Text
10	1	1422.01	(n/a)	See Bill Text
10	1	1424.3	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HB1902
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB1902+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB1902E+hil
Amendment	https://lis.virginia.gov/cgi-bin/legp604.exe?211+amd+HB1902AH
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+HB1902F122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+HB1902FE122+PDF
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H01V0025+HB1902
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+HV0970+HB1902
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+S01V0065+HB1902