13 | 13 | | A BILL TO BE ENTITLED 1 |
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14 | 14 | | AN ACT TO REDUCE AND BETTER MANAGE THE DISPOSAL OF SINGLE -USE 2 |
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15 | 15 | | WASTE. 3 |
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16 | 16 | | The General Assembly of North Carolina enacts: 4 |
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17 | 17 | | SECTION 1.(a) G.S. 143-58.2 reads as rewritten: 5 |
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18 | 18 | | "§ 143-58.2. State policy; bid procedures and specifications; identification of products. 6 |
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19 | 19 | | (a) It is the policy of this State to encourage and promote the purchase of products with 7 |
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20 | 20 | | recycled content. All State departments, institutions, agencies, community colleges, and local 8 |
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21 | 21 | | school administrative units shall, to the extent economically practicable, purchase and use, or 9 |
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22 | 22 | | require the purchase and use of, products with recycled content. 10 |
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23 | 23 | | (a1) It is the policy of this State that all State departments, institutions, agencies, 11 |
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24 | 24 | | community colleges, and local school administrative units shall, to the extent economically 12 |
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25 | 25 | | practicable, purchase and use, or require the purchase and use of, materials and supplies with 13 |
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26 | 26 | | compostable or recyclable content in food establishments operated under the auspices of the 14 |
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27 | 27 | | department, institution, agency, community college, and local school administrative unit. 15 |
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28 | 28 | | (b) No later than January 1, 1995, the The Secretary of Administration and each State 16 |
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29 | 29 | | department, institution, agency, community college, and local school administrative unit 17 |
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30 | 30 | | authorized to purchase materials and supplies or to contract for services shall review and revise 18 |
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31 | 31 | | its bid procedures and specifications for the purchase or use of materials and supplies to eliminate 19 |
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32 | 32 | | any procedures and specifications that explicitly discriminate against materials and supplies with 20 |
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33 | 33 | | recycled content, except where procedures and specifications are necessary to protect the health, 21 |
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34 | 34 | | safety, and welfare of the citizens of this State. 22 |
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35 | 35 | | … 23 |
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36 | 36 | | (d) The Department of Administration, in cooperation with the Division of 24 |
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37 | 37 | | Environmental Assistance and Outreach Customer Service of the Department of Environmental 25 |
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38 | 38 | | Quality, shall identify materials and supplies with recycled content that meet appropriate 26 |
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39 | 39 | | standards for use by State departments, institutions, agencies, community colleges, and local 27 |
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40 | 40 | | school administrative units. 28 |
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41 | 41 | | … 29 |
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42 | 42 | | (i) On or before October 1 of each year, each State department, institution, agency, 30 |
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43 | 43 | | community college, and local school administrative unit authorized to purchase materials and 31 |
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44 | 44 | | supplies shall report to the Division of Environmental Assistance and Customer Service of the 32 |
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45 | 45 | | Department of Environmental Quality the amounts and types of materials and supplies with 33 |
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46 | 46 | | compostable and recycled content that were purchased during the previous fiscal year." 34 |
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49 | 52 | | "(n) On or before October 1 of each year, each State department, institution, agency, 1 |
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50 | 53 | | community college, and local school administrative unit shall report to the Division of 2 |
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51 | 54 | | Environmental Assistance and Customer Service of the Department of Environmental Quality 3 |
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52 | 55 | | the amounts and types of materials collected for recycling within the department, institution, 4 |
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53 | 56 | | agency, community college, and local school administrative unit." 5 |
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54 | 57 | | SECTION 1.(c) G.S. 130A-309.06(c) reads as rewritten: 6 |
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55 | 58 | | "(c) The Department shall report to the Environmental Review Commission Commission, 7 |
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56 | 59 | | the Joint Legislative Commission on Governmental Operations, and the Fiscal Research Division 8 |
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57 | 60 | | on or before April 15 of each year on the status of solid waste management efforts in the State. 9 |
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58 | 61 | | The report shall include: 10 |
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59 | 62 | | … 11 |
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60 | 63 | | (22) A summary of the reports by each State department, institution, agency, 12 |
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61 | 64 | | community college, and local school administrative unit authorized to 13 |
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62 | 65 | | purchase materials and supplies detailing the amounts and types of materials 14 |
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63 | 66 | | and supplies with compostable and recycled content that were purchased 15 |
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64 | 67 | | during the previous fiscal year, as required by G.S. 143-58.2(i). 16 |
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65 | 68 | | (23) A summary of the reports by each State department, institution, agency, 17 |
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66 | 69 | | community college, and local school administrative unit detailing the amounts 18 |
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67 | 70 | | and types of materials collected for recycling during the previous fiscal year 19 |
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68 | 71 | | within the department, institution, agency, community college, and local 20 |
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69 | 72 | | school administrative unit, as required by G.S. 130A-309.14(n)." 21 |
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70 | 73 | | SECTION 2. The North Carolina Policy Collaboratory (Collaboratory) at the 22 |
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71 | 74 | | University of North Carolina at Chapel Hill shall study the issue of food service ware. In 23 |
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72 | 75 | | conducting this study, the Collaboratory shall examine all of the following matters: 24 |
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73 | 76 | | (1) The environmental impacts of plastics pollution. 25 |
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74 | 77 | | (2) The State's current requirements for plastics recycling. 26 |
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75 | 78 | | (3) Estimates of the proportionate volume of plastics recycled versus plastics 27 |
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76 | 79 | | disposed of in landfills in the State. 28 |
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77 | 80 | | (4) Recycling markets and available information on the fate of plastics collected 29 |
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78 | 81 | | for recycling in the State, including data on plastics used as feedstock for 30 |
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79 | 82 | | in-State recycling and national and international markets. 31 |
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80 | 83 | | (5) Pending and enacted legislation in other states to regulate food service ware, 32 |
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81 | 84 | | including bans on specific types of food service ware. 33 |
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82 | 85 | | (6) The impact that bans on specific types of food service ware have had on people 34 |
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83 | 86 | | with disabilities. 35 |
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84 | 87 | | (7) Current private sector initiatives to reduce plastics pollution and additional 36 |
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85 | 88 | | financial and market tools that may be employed by private sector interests 37 |
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86 | 89 | | for this purpose. 38 |
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87 | 90 | | (8) Alternatives to the use of food service ware for serving or transporting food 39 |
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88 | 91 | | and beverages. 40 |
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89 | 92 | | (9) New technologies for plastics recycling and waste reduction. 41 |
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90 | 93 | | (10) Any other issue the Collaboratory deems relevant. 42 |
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91 | 94 | | In conducting the study, the Collaboratory shall consult with stakeholders, including 43 |
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92 | 95 | | the Department of Environmental Quality, the Department of Health and Human Services, the 44 |
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93 | 96 | | Department of Administration, representatives of the environmental community, the North 45 |
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94 | 97 | | Carolina Retail Merchants Association, and the North Carolina Beverage Association. The 46 |
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95 | 98 | | Collaboratory shall report its findings and recommendations, including any legislative proposals, 47 |
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96 | 99 | | to the 2026 Regular Session of the 2025 General Assembly upon its convening. 48 |
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97 | 100 | | SECTION 3.(a) The Legislative Services Officer shall evaluate all opportunities to 49 |
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98 | 101 | | reduce the use of food service ware in food establishments and beverage services operated by the 50 |
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99 | 102 | | General Assembly and implement such measures at the earliest date that (i) does not result in 51 General Assembly Of North Carolina Session 2025 |
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101 | 104 | | disposal prior to use of food service ware already procured on the date this act becomes law and 1 |
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102 | 105 | | (ii) does not impair contracts for purchase of such food service ware in effect on the date this act 2 |
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103 | 106 | | becomes law. As used in this section, the term "beverage services" includes the provision of 3 |
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104 | 107 | | coffee, water, and other beverages in committee meetings and the legislative chambers. The 4 |
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105 | 108 | | Legislative Services Officer shall issue a preliminary report on the implementation of the 5 |
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106 | 109 | | requirements of this section, including any additional costs associated with replacing food service 6 |
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107 | 110 | | ware with compostable or recyclable materials, to the Environmental Review Commission no 7 |
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108 | 111 | | later than September 1, 2025, and shall provide a final report to the Commission no later than 8 |
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109 | 112 | | March 1, 2026. 9 |
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110 | 113 | | SECTION 3.(b) The Department of Natural and Cultural Resources shall implement 10 |
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111 | 114 | | a pilot program to eliminate the sale or provision of food or beverages in or with food service 11 |
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112 | 115 | | ware. In implementing this pilot, the Department shall identify five facilities operated by the 12 |
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113 | 116 | | Department to implement measures to eliminate food service ware at the earliest possible date 13 |
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114 | 117 | | that (i) does not result in disposal prior to use of food service ware already procured by the agency 14 |
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115 | 118 | | on the date this act becomes law and (ii) does not impair contracts for purchase of such food 15 |
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116 | 119 | | service ware in effect on the date this act becomes law. The Department shall issue a preliminary 16 |
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117 | 120 | | report on the implementation of the requirements of this section, including any additional costs 17 |
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118 | 121 | | associated with replacing food service ware with compostable or recyclable materials, to the 18 |
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119 | 122 | | Environmental Review Commission no later than September 1, 2025, and shall provide a final 19 |
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120 | 123 | | report to the Commission no later than March 1, 2026. 20 |
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121 | 124 | | SECTION 4. For purposes of Sections 2 and 3 of this act, the term "food service 21 |
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122 | 125 | | ware" means products, other than compostable or recyclable products, used by a food provider 22 |
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123 | 126 | | that are designed for one-time use for serving or transporting prepared, ready-to-consume food 23 |
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124 | 127 | | or beverages, including plates, cups, bowls, trays, utensils, straws, cup lids, and hinged or lidded 24 |
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125 | 128 | | containers. 25 |
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126 | 129 | | SECTION 5. The sum of fifty thousand dollars ($50,000) in nonrecurring funds for 26 |
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127 | 130 | | the 2025-2026 fiscal year is appropriated from the General Fund to the North Carolina Policy 27 |
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128 | 131 | | Collaboratory to carry out the study required by Section 2 of this act. 28 |
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129 | 132 | | SECTION 6. Section 5 of this act becomes effective July 1, 2025. The remainder of 29 |
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130 | 133 | | this act is effective when it becomes law. 30 |
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