VA HB1902 | 2021 | Regular Session

Status

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]

Summary

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.

Tracking Information

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Title

Expanded polystyrene food service containers; prohibition, civil penalty.

Sponsors


Roll Calls

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]

History

DateChamberAction
2021-02-05SenateContinued to 2021 Sp. Sess. 1 in Agriculture, Conservation and Natural Resources (14-Y 0-N)
2021-01-20SenateReferred to Committee on Agriculture, Conservation and Natural Resources
2021-01-20SenateConstitutional reading dispensed
2021-01-19HouseVOTE: Passage (58-Y 40-N)
2021-01-19HouseRead third time and passed House (58-Y 40-N)
2021-01-18HousePrinted as engrossed 21100816D-E
2021-01-18HouseEngrossed by House as amended HB1902E
2021-01-18HouseAmendment by Delegate Carr agreed to
2021-01-18HouseRead second time
2021-01-15HouseRead first time
2021-01-13HouseReported from Agriculture, Chesapeake and Natural Resources (15-Y 7-N)
2021-01-08HouseReferred to Committee on Agriculture, Chesapeake and Natural Resources
2021-01-08HousePrefiled and ordered printed; offered 01/13/21 21100816D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
1011414(n/a)See Bill Text
1011422.01(n/a)See Bill Text
1011424.3(n/a)See Bill Text

Virginia State Sources


Bill Comments

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