Let me warn you that this is my first blog writing ever in my 49 years so I might ramble a bit!  As one of the Toward Zero Waste Community Directors in Raleigh, I agreed to research and present the current North Carolina House and Senate bills that concentrated on plastics for our July 25th Impact meeting in honor of Plastic Free July. Thanks to the assistance of TZW volunteer Kathi, I can share with you the highlights of three bills from the 2021-2022 legislative session- S451,H959, H230. 

S451 and H959:

Title: Ban Single-Use and Non-Recyclable Products

Here are the basics:

Primary House sponsors:  Rep. Zack Hawkins (D- Durham)

Rep. Pricey Harrison (D- Guilford)

• Blocks state procurement offices from acquiring single use plastics.
• Prohibits any state agency, department, or institution from providing food or beverages in disposable food ware.
• Bans single use polystyrene, plastic bags, and single use plastics economy wide.
• (Only in House bill) Instructs the Department of Environmental Quality (DEQ) to set up a producer responsibility program for any single-use items not covered under the ban.

Unfortunately, S451 did not make the crossover date to be considered by the Senate so it is dead. HB 959 technically still insists because it had “appropriations” (money) attached to it so it did not need to make the crossover. It is a very long shot to pass. We did leave messages for the sponsors of the bills to see if they plan to resubmit the bills next year but no response has been received from them yet.

Now onto HB 230:

Title: The North Carolina Environmental Waste Act of 2021

Here are the basics:

Co-sponsors: Representatives Harry Warren (R-Rowan) & William Richardson (D-Cumberland)

Currently, $2 per ton tax on waste disposed in municipal solid waste and construction

and demolition landfills.

• H230 will direct 5% of this to cities and counties already providing programs to reduce plastics waste
• Funds distributed under this bill must be used solely for plastics recycling and food serviceware waste reduction programs and services including procurement of alternatives to non-compostable food service ware (e.g., plates, cups, utensils, straws, lidded containers, etc.)
• Division of Services for the Blind (within DHHS) will implement a pilot program to eliminate food service-ware at the earliest possible date
• Directs Joint Legislative Oversight Committee to study the issue of plastics waste

In a discussion with Rep. Warren, he shared that it was his daughter who was studying at NYU that got him interested in reducing single-use plastics four years ago. He did some research and was excited about what private industry was doing in reducing single-use plastics. Rep. Warren wants North Carolina to be the first state in the country to reduce single-use plastics (styrofoam cups, straws, etc.) in the government. This includes the legislature (e.g. cafeteria), government facilities, the UNC system. He thinks the government is lagging the private sector. He first proposed this bill in the 2019-2020 session with co-sponsor Billy Richardson. The bill passed the House 116 to 1. Once it reached the Senate, the timing was bad and it did not pass.  He resubmitted the bill in the 2021-2022 session, it passed the House and it was in the Senate Rules Committee until July 22, 2021 when it was moved to Agriculture, Energy, and Environment Committee. If favorable, it will be re-referred to Appropriations/Base Budget. If favorable there, it then will be  re-referred to Rules and Operations of the Senate. 

There are two main positives to this bill. First, it contains wording that directs the Joint Legislative Oversight Committee to study the issue of plastics waste which is key to moving forward. Also having a pilot program in place with the Division of Services for the Blind is a plus. While this legislation is not nearly as comprehensive as the Ban Single-Use and Non-Recyclable Products bills, I feel it is a step in the right direction to addressing the current plastics crisis.

As of the writing of this blog, the 2021-2022 NC Legislative session is still in session through the end of September. The bill is currently waiting for the Agriculture, Energy and Environment Committee to be placed on the agenda for discussion. Toward Zero Waste sent a letter to the three Committee Chairs requesting they make HB 230 a priority during this Legislative session. Please keep your eyes open for a Call to Action to reach out to the Agriculture, Energy and Environment committee members to pass HB 230.