VA HB1902 | 2021 | 1st Special Session

Note: Carryover of previous HB1902

Status

Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: Passed on March 18 2021 - 100% progression
Action: 2021-03-18 - Governor: Acts of Assembly Chapter text (CHAP0262)
Text: Latest bill text (Chaptered) [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 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. 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 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.

Tracking Information

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Title

Expanded polystyrene food service containers; prohibition, civil penalty.

Sponsors


Roll Calls

2021-02-24 - House - House: VOTE: Agreed To (57-Y 39-N) (Y: 57 N: 39 NV: 0 Abs: 4) [PASS]
2021-02-24 - Senate - Senate: Conference report agreed to by Senate (24-Y 15-N) (Y: 24 N: 15 NV: 0 Abs: 0) [PASS]
2021-02-19 - Senate - Senate: Senate insisted on amendments (37-Y 0-N) (Y: 37 N: 0 NV: 0 Abs: 2) [PASS]
2021-02-19 - House - House: VOTE: REJECTED (1-Y 93-N) (Y: 1 N: 93 NV: 0 Abs: 6) [FAIL]
2021-02-19 - Senate - Senate: Passed Senate with amendments (21-Y 16-N) (Y: 21 N: 16 NV: 0 Abs: 2) [PASS]
2021-02-17 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-16 - Senate - Senate: Reported from Agriculture, Conservation and Natural Resources (8-Y 7-N) (Y: 8 N: 7 NV: 0 Abs: 0) [PASS]
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
2021-03-18 Governor: Acts of Assembly Chapter text (CHAP0262)
2021-03-18 Governor: Approved by Governor-Chapter 262 (effective 7/1/21)
2021-03-01 Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
2021-03-01HouseEnrolled Bill communicated to Governor on March 1, 20201
2021-02-27SenateSigned by President
2021-02-26HouseSigned by Speaker
2021-02-26HouseBill text as passed House and Senate (HB1902ER)
2021-02-26HouseEnrolled
2021-02-24HouseVOTE: Agreed To (57-Y 39-N)
2021-02-24HouseConference report agreed to by House (57-Y 39-N)
2021-02-24SenateConference report agreed to by Senate (24-Y 15-N)
2021-02-24 Conference: Amended by conference committee
2021-02-19SenateSenators: Marsden, Petersen, Stuart
2021-02-19SenateConferees appointed by Senate
2021-02-19HouseDelegates: Carr, Lopez, Ware
2021-02-19HouseConferees appointed by House
2021-02-19HouseHouse acceded to request
2021-02-19SenateSenate requested conference committee
2021-02-19SenateSenate insisted on amendments (37-Y 0-N)
2021-02-19HouseVOTE: REJECTED (1-Y 93-N)
2021-02-19HouseSenate amendments rejected by House (1-Y 93-N)
2021-02-19SenatePassed Senate with amendments (21-Y 16-N)
2021-02-19SenateEngrossed by Senate as amended
2021-02-19SenateAmendments by Senator Petersen agreed to
2021-02-19SenateReading of amendments waived
2021-02-19SenatePassed by temporarily
2021-02-19SenateRead third time
2021-02-18SenatePassed by for the day
2021-02-18SenateRead third time
2021-02-17SenateConstitutional reading dispensed (39-Y 0-N)
2021-02-16SenateReported from Agriculture, Conservation and Natural Resources (8-Y 7-N)
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

Same As/Similar To

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

Subjects


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

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+sum+HB1902
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB1902+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB1902E+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB1902ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0262+hil
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+HB1902AH
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+HB1902AS
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+HB1902ASE
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+HB1902AC
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB1902F122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB1902FE122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB1902FER122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H01C0025+HB1902
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HC0970+HB1902
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S01C0065+HB1902
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S01V0007+HB1902
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0114HB1902+HB1902
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0239HB1902+HB1902
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV1793+HB1902
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0248HB1902+HB1902
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0391HB1902+HB1902
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV1953+HB1902

Bill Comments

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