Expanded polystyrene food service containers; definitions, prohibition on dispensing, civil penalty. (HB533)

Introduced By

Del. Betsy Carr (D-Richmond) with support from co-patrons Del. Paul Krizek (D-Alexandria), and Del. Ken Plum (D-Reston)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

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 incorporates HB 1046 and HB 1347 and contains a reenactment clause. Read the Bill »

Status

03/18/2020: Passed the General Assembly

History

DateAction
01/05/2020Committee
01/05/2020Prefiled and ordered printed; offered 01/08/20 20100170D
01/05/2020Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/14/2020Assigned ACNR sub: Natural Resources
01/31/2020House committee, floor amendments and substitutes offered
01/31/2020Subcommittee recommends reporting with substitute (5-Y 0-N)
01/31/2020Impact statement from DPB (HB533)
02/05/2020Reported from Agriculture, Chesapeake and Natural Resources with substitute (15-Y 7-N) (see vote tally)
02/05/2020Committee substitute printed 20107350D-H1
02/05/2020Incorporates HB1046 (Krizek)
02/05/2020Incorporates HB1347 (Plum)
02/06/2020Read first time
02/07/2020Passed by for the day
02/10/2020Read second time
02/10/2020Committee substitute agreed to 20107350D-H1
02/10/2020Engrossed by House - committee substitute HB533H1
02/11/2020Read third time and passed House (55-Y 44-N)
02/11/2020VOTE: Passage (55-Y 44-N) (see vote tally)
02/11/2020Impact statement from DPB (HB533H1)
02/12/2020Constitutional reading dispensed
02/12/2020Referred to Committee on Agriculture, Conservation and Natural Resources
02/18/2020Reported from Agriculture, Conservation and Natural Resources (9-Y 6-N) (see vote tally)
02/20/2020Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/21/2020Read third time
02/21/2020Reading of amendment waived
02/21/2020Amendment by Senator Suetterlein agreed to
02/21/2020Engrossed by Senate as amended
02/21/2020Passed Senate with amendment (23-Y 13-N) (see vote tally)
02/25/2020Placed on Calendar
02/25/2020Senate amendment rejected by House (1-Y 99-N)
02/25/2020VOTE: REJECTED (1-Y 99-N) (see vote tally)
02/26/2020Senate insisted on amendment (38-Y 1-N) (see vote tally)
02/26/2020Senate requested conference committee
02/26/2020House acceded to request
02/26/2020Conferees appointed by House
02/26/2020Delegates: Carr, Krizek, Ware
02/27/2020Conferees appointed by Senate
02/27/2020Senators: Hashmi, Marsden, Ruff
03/05/2020C Amended by conference committee
03/05/2020Conference report agreed to by House (55-Y 44-N)
03/05/2020VOTE: Adoption (55-Y 44-N) (see vote tally)
03/07/2020Conference report agreed to by Senate (24-Y 16-N) (see vote tally)
03/18/2020Enrolled
03/18/2020Bill text as passed House and Senate (HB533ER)
03/18/2020Signed by President
03/19/2020Signed by Speaker
03/20/2020Impact statement from DPB (HB533ER)
03/20/2020Enrolled Bill communicated to Governor on March 20, 2020
03/20/2020G Governor's Action Deadline 11:59 p.m., April 11, 2020

Comments

Bill Peabody writes:

Let's just call it the 5th bag tax

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 $50 for each day of violation, to be collected in

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