| A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z | |
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1 | HISTORY OF LITTER LEGISLATION IN VIRGINIA | |||||||||||||||||||||||||
2 | Compiled by Clean Virginia Waterways of Longwood University. Send updates and corrections to: cleanva@longwood.edu | |||||||||||||||||||||||||
3 | KEY: | Blue= single-use items including bags (SUP=Single-Use Plastics) | PLASTIC BAG FEES: See Tab at bottom of this page for more details | |||||||||||||||||||||||
4 | Yellow = Redeemable beverage containers. | BOTTLE BILLS: See Tab at bottom | ||||||||||||||||||||||||
5 | Light mauve = balloon litter prevention | |||||||||||||||||||||||||
6 | No highlight = assorted bills | Send updates and corrections to Katie Register, Clean Virginia Waterways registerkm@longwood.edu | ||||||||||||||||||||||||
7 | ||||||||||||||||||||||||||
8 | Year | Bill number | Sponsor(s) | URL | Name of Bill | Summary of Bill | Fate of Bill | |||||||||||||||||||
9 | 2012-2014 bills in Virginia | |||||||||||||||||||||||||
10 | 2012 | HB 124 | Morrissey, Surovell | http://lis.virginia.gov/cgi-bin/legp604.exe?121+sum+HB124 | Plastic bags; imposes a tax of 20 cents on those used by purchasers. | Plastic bag tax. Imposes a tax of 20 cents ($0.20) on plastic bags used by purchasers to carry tangible personal property purchased in grocery stores, convenience stores, or drug stores. Durable, reusable plastic bags and bags used for ice cream, meat, fish, poultry, leftover restaurant food, newspapers, dry cleaning, and prescription drugs are exempt from the tax. Retailers are allowed to retain five cents ($0.05) of the 20-cent ($0.20) tax or seven cents ($0.07) if the retailer has a customer bag credit program. Failure to collect and remit the tax will result in fines of $250, $500, and $1,000 for the first, second, and third and subsequent offenses, respectively. | House: Left in Finance | |||||||||||||||||||
11 | 2013 | HB 1381 | Morrissey, Scott, Surovell | http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB1381 | Plastic bags; imposes $0.05 tax beginning 7/1/14 on those used by purchasers to carry certain goods. | Plastic bag tax. Imposes a tax of five cents ($0.05) beginning on July 1, 2014, on plastic bags used by purchasers to carry tangible personal property purchased in grocery stores, convenience stores, or drug stores. Durable, reusable plastic bags and bags used for ice cream, meat, fish, poultry, leftover restaurant food, newspapers, dry cleaning, and prescription drugs are exempt from the tax. Retailers are allowed to retain one cent ($0.01) of the five-cent ($0.05) tax or two cents ($0.02) if the retailer has a customer bag credit program. Failure to collect and remit the tax will result in fines of $250, $500, and $1,000 for the first, second, and third and subsequent offenses, respectively. The revenues from the tax would be deposited into the Virginia Water Quality Improvement Fund | House: Left in Finance | |||||||||||||||||||
12 | 2013 | HB 1591 | Ware | http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+HB1591 | Plastic bags; use by retailers. | Bans the use of plastic carryout bags by retailers at the point of sale unless such bags are (i) durable plastic bags with handles, (ii) at least 2.25 mils thick, and (iii) specifically designed and manufactured for multiple reuse. | House: Left in Agriculture, Chesapeake and Natural Resources | |||||||||||||||||||
13 | 2013 | SB 970 | Ebbin | http://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+SB970 | Paper and plastic bags; imposes fee of $0.05 on those used by purchasers to carry tangible property. | Imposes a fee of $0.05 on paper and plastic bags used by purchasers to carry tangible personal property from the place of purchase. Durable, reusable plastic bags and bags used for ice cream, meat, fish, poultry, leftover restaurant food, newspapers, dry cleaning, and prescription drugs are exempt from the fee. Retailers are allowed to retain $0.01 of the $0.05 fee or $0.02 if the retailer has a customer bag credit program. The revenues raised by the fee will be deposited in the Virginia Water Quality Improvement Fund. Failure to collect and remit the fee is punishable by fines of $250, $500, and $1,000 for the first, second, and third or subsequent offenses, respectively. | Senate: Failed to report (defeated) in Finance (5-Y 9-N) | |||||||||||||||||||
14 | 2013 | HB 1447 | Hodges | Littering; increased specificity as to what constitutes and provides an alternative penalty. | Provides increased specificity as to what constitutes littering, and provides an alternative penalty for persons who litter in quantities no greater than 0.7 cubic feet. | House: Left in Transportation | ||||||||||||||||||||
15 | 2013 | SB 1166 | Smith | Littering & illegal dumping; if convicted, ordered to perform minimum of 10 hrs. community service. | Provides that when a person is convicted of illegally dumping or disposing of garbage or refuse on public property or on private property without the permission of the owner, the court may order a mandatory minimum of 10 hours of community service. | Approved by Governor-Chapter 156 (effective 7/1/13) | ||||||||||||||||||||
16 | 2014 | HB 1070 | Taylor | Litter Control and Recycling Fund Advisory Board; increases membership. | Increases membership on the Advisory Board from five to six persons, with the new member designated to represent the craft brewery industry. | House: Stricken from docket by Agriculture, Chesapeake and Natural Resources by voice vote | ||||||||||||||||||||
17 | 2014 | HB 506 | Hodges | Littering; penalty. | Provides that a person charged with littering in an amount no more than 0.7 cubic feet may prepay a fine of $50 in lieu of appearance in court. | House: Continued to 2015 in Transportation by voice vote | ||||||||||||||||||||
18 | 2014 | HB 117 | Morrissey | http://lis.virginia.gov/cgi-bin/legp604.exe?141+sum+HB117 | Paper and plastic bags; imposes tax of five cents on disposable bags used by purchasers, etc. | Paper and plastic bag tax. Imposes a tax of five cents ($0.05) beginning on July 1, 2015, on disposable paper bags and disposable plastic bags used by purchasers to carry tangible personal property purchased in grocery stores, convenience stores, or drug stores. The following would be exempt from the tax: durable, reusable plastic bags; plastic bags used to carry ice cream, meat, fish, poultry, leftover restaurant food, newspapers, and dry cleaning; paper and plastic bags used to carry alcoholic beverages or prescription drugs; and multiple plastic bags sold in packages and intended for use as garbage, pet waste, or leaf removal bags. Retailers are allowed to retain one cent ($0.01) of the five-cent ($0.05) tax or two cents ($0.02) if the retailer has a customer bag credit program. Failure to collect and remit the tax will result in fines of $250, $500, and $1,000 for the first, second, and third and subsequent offenses, respectively. The revenues from the tax would be deposited into the Virginia Water Quality Improvement Fund. The bill also authorizes each county and city by ordinance to impose a tax on disposable paper bags and disposable plastic bags at the same rate and under the same terms and conditions as the state tax. Revenues from the local tax would be collected by the Tax Commissioner and distributed monthly to the county or city imposing the tax. Each county or city adopting an ordinance to impose the tax would be required to provide a certified copy of the ordinance to the Tax Commissioner at least six months prior to the date the tax is to become effective. | House: Left in Finance | |||||||||||||||||||
19 | 2014 | SB 320 | Ebbin | http://lis.virginia.gov/cgi-bin/legp604.exe?ses=141&typ=bil&val=sb320 | Paper and plastic bags, disposable; localities in Planning District 8 authorized to impose | Local paper and plastic bag tax. Authorizes localities in Planning District 8 by ordinance to impose a tax on disposable paper bags and disposable plastic bags. Revenues from the local tax would be collected by the Tax Commissioner and distributed monthly to the county or city imposing the tax. The bill requires each county or city adopting an ordinance to impose the tax to provide a certified copy of the ordinance to the Tax Commissioner at least six months prior to the date the tax is to become effective. | Senate: Committee substitute printed to Web only 14104048D-S1 | |||||||||||||||||||
20 | 2015 bills in Virginia | |||||||||||||||||||||||||
21 | 2015 | SB 1103 | McWaters | https://lis.virginia.gov/cgi-bin/legp604.exe?151+sum+SB1103 | Disposable plastic shopping bags; distribution prohibited, local option. | Distribution of disposable plastic shopping bags prohibited; local option. Allows any locality by ordinance to prohibit the distribution, sale, or offer of disposable plastic shopping bags to consumers. The bill exempts from any such prohibition reusable bags of a certain thickness; bags that are used to carry certain products, such as ice cream or newspapers; and garbage bags that are sold in multiples. | House: Tabled in Commerce and Labor by voice vote | |||||||||||||||||||
22 | 2015 | SB 880 | Lewis, Jr. | http://lis.virginia.gov/cgi-bin/legp604.exe?151+sum+SB880 | Disposable plastic shopping bags; prohibits retailers from providing, local option. | Prohibit retailers from providing disposable plastic shopping bags; local option. Allows any locality by ordinance to prohibit retailers from providing disposable plastic bags to consumers. The bill exempts from any such prohibition reusable bags of a certain thickness and garbage bags that are sold in multiples. | Senate: Failed to report (defeated) in Local Government (5-Y 8-N) | |||||||||||||||||||
23 | 2015 | SB 886 | Petersen | http://lis.virginia.gov/cgi-bin/legp604.exe?151+sum+SB886 | Plastic bags; tax imposed in Chesapeake Bay Watershed | Imposes a five-cent bag tax on plastic bags provided to customers by certain retailers in localities located wholly within the Chesapeake Bay Watershed and directs revenues to be used to support the Chesapeake Bay Watershed Implementation Plan. The bill also allows every retailer that collects the tax to retain one cent of the five-cent tax. | Senate: Passed by indefinitely in Finance (14-Y 1-N) | |||||||||||||||||||
24 | 2015 | SB 1107 | McWaters | http://lis.virginia.gov/cgi-bin/legp604.exe?151+sum+SB1107 | Prohibits release into atmosphere. (Helium-filled balloons) | |||||||||||||||||||||
25 | 2015 | HB 506 | Hodges | Littering; penalty. | Provides that a person charged with littering in an amount no more than 0.7 cubic feet may prepay a fine of $50 in lieu of appearance in court. | House: Left in Transportation | ||||||||||||||||||||
26 | 2015 | HB 1697 | David L. Bulova | https://lis.virginia.gov/cgi-bin/legp604.exe?151+sum+HB1697 | Synthetic plastic microbeads; prohibition against manufacture or sale of certain products, penalty. | Synthetic plastic microbeads; prohibition against manufacture or sale of certain products; penalty. Defines the term "synthetic plastic microbead" and prohibits the manufacture of certain personal care products containing microbeads beginning in 2018. The bill also bars the sale of such products, and the manufacture of over-the-counter drugs containing microbeads, beginning in 2019, and it prohibits the sale of such drugs beginning in 2020. Violators are subject to a civil penalty of between $250 and $10,000 per day, the proceeds of which are to be deposited into the Virginia Environmental Emergency Response Fund. Naturally occurring biopolymers or other compounds that biodegrade in marine and freshwater environments are excluded from the definition of "synthetic plastic microbead." | ||||||||||||||||||||
27 | 2016 bills in Virginia | |||||||||||||||||||||||||
28 | 2016 | SB 114 | Petersen | http://lis.virginia.gov/cgi-bin/legp604.exe?161+sum+SB114 | Plastic bags; tax imposed in Chesapeake Bay Watershed | Imposes a five-cent per bag tax on plastic bags provided to customers by certain retailers in localities located wholly within the Chesapeake Bay Watershed and directs revenues to be used to support the Chesapeake Bay Watershed Implementation Plan. The bill also allows every retailer that collects the tax to retain one cent of the five-cent tax. | Senate: Passed by indefinitely in Finance (10-Y 5-N) | |||||||||||||||||||
29 | 2016 | SB 55 | Locke, Kory | http://lis.virginia.gov/cgi-bin/legp604.exe?161+sum+SB55 | Disposable plastic shopping bags; local option to prohibit distribution. | Allows any locality by ordinance to prohibit the distribution, sale, or offer of disposable plastic shopping bags to consumers. The bill exempts from any such prohibition reusable bags of a certain thickness; bags that are used to carry certain products, such as ice cream or newspapers; and garbage bags that are sold in multiples. | Senate: Failed to report (defeated) in Local Government (6-Y 7-N) | |||||||||||||||||||
30 | 2016 | SB 532 | Surovell, Ebbin | http://lis.virginia.gov/cgi-bin/legp604.exe?161+sum+SB532 | Paper and plastic bags; authorizes localities in Planning District 8 by ordinance to impose a tax | Authorizes localities in Planning District 8 by ordinance to impose a tax of five cents on disposable paper bags and disposable plastic bags. Revenues from the local tax would be collected by the Tax Commissioner and distributed monthly to the county or city imposing the tax. The bill requires each county or city adopting an ordinance to impose the tax to provide a certified copy of the ordinance to the Tax Commissioner at least six months prior to the date the tax is to become effective | Senate: Passed by indefinitely in Finance (12-Y 3-N) | |||||||||||||||||||
31 | 2016 | HB 288 | Helsel, Jr. | http://lis.virginia.gov/cgi-bin/legp604.exe?161+sum+HB288 | Disposable plastic shopping bags; local option to prohibit distribution | Allows any locality by ordinance to prohibit the distribution, sale, or offer of disposable plastic shopping bags to consumers. The bill exempts from any such prohibition reusable bags of a certain thickness; bags that are used to carry certain products, such as ice cream or meat; and garbage bags that are sold in multiples | House: Left in Counties, Cities and Towns | |||||||||||||||||||
32 | 2017 bills in Virginia | |||||||||||||||||||||||||
33 | 2017 | HJ 636 | Krizek | http://lis.virginia.gov/cgi-bin/legp604.exe?171+sum+HJ636 | Study; economic impacts of litter on fishing, farming, and water quality in urban streams; report | Requests the Department of Environmental Quality to study the economic impact of litter on fishing, farming, water quality, and other components of Virginia's economy and to propose strategies, campaigns, and necessary state actions to protect the economy of the Commonwealth from harm caused by litter and promote Virginia's economic welfare. | House: Tabled in Rules by voice vote | |||||||||||||||||||
34 | 2017 | SB 925 | Petersen | https://lis.virginia.gov/cgi-bin/legp604.exe?171+sum+SB925 | Plastic bag tax in the Chesapeake Bay Watershed. | Plastic bag tax in the Chesapeake Bay Watershed. Imposes a five-cent per bag tax on plastic bags provided to customers by certain retailers in localities located wholly within the Chesapeake Bay Watershed and directs revenues to be used to support the Chesapeake Bay Watershed Implementation Plan. The bill also allows every retailer that collects the tax to retain one cent of the five-cent tax. | Senate: Passed by indefinitely in Finance (10-Y 4-N) | |||||||||||||||||||
35 | 2017 | HB 2158 | Rasoul | Dumping trash; increases penalty. | Increases the minimum fine for dumping trash on public property or on private property without the written consent of the owner from $250 to $500. | House: Left in Courts of Justice | ||||||||||||||||||||
36 | 2017 | HB 1759 | Delegate Sam Rasoul (D) - House District 11 | http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+HB1759+hil | Redeemable beverage containers. (Also see the tab "Bottle Bills" for two other earlier attempts) | Redeemable beverage containers. Requires that all beverage containers, as defined in the bill, sold in Virginia have a redemption value of five cents. Dealers and redemption centers are required to pay redeemers who return such containers to them the five-cent redemption value. Distributors are required to accept these redeemed containers from dealers and redemption centers and pay them the five-cent redemption value plus a handling fee of two cents per container. After deducting the expenses incurred in administering the reporting and collecting procedures of this program, the Department of Taxation is required to pay the remaining revenues collected into the state treasury to the credit of the newly established Unredeemed Container Fund. The bill requires the revenues remaining in the Unredeemed Container Fund minus expenses incurred by the Department of Taxation in monitoring the redemption fee reports of distributors to be released annually and deposited in the existing Litter Control and Recycling Fund. Violations of the bill's provisions are punishable by civil penalties. All civil penalties collected are to be placed in the Litter Control and Recycling Fund. | 02/07/17 House: Left in Agriculture, Chesapeake and Natural Resources | |||||||||||||||||||
37 | 2018 bills in Virginia | |||||||||||||||||||||||||
38 | 2018 | SB 139 | Petersen | http://lis.virginia.gov/cgi-bin/legp604.exe?181+mbr+SB139 | Chesapeake Bay Watershed; imposes a tax on plastic bags provided to customers in certain localities | Plastic bag tax in the Chesapeake Bay Watershed. Imposes a five-cent per bag tax on plastic bags provided to customers by certain retailers in localities located wholly within the Chesapeake Bay Watershed and directs revenues to be used to support the Chesapeake Bay Watershed Implementation Plan. The bill also allows every retailer that collects the tax to retain one cent of the five-cent tax. | Senate: Failed to report (defeated) in Finance (4-Y 11-N) | |||||||||||||||||||
39 | 2018 | SB 193 | Locke, Lucas, Carr, Price, Rodman | http://lis.virginia.gov/cgi-bin/legp604.exe?ses=181&typ=bil&val=sb193 | Plastic shopping bags, disposable; local option to distribute to consumers | Disposable plastic shopping bags; local option. Allows any locality by ordinance to prohibit the distribution, sale, or offer for sale of disposable plastic shopping bags to consumers. The bill exempts from any such prohibition reusable bags of a certain thickness; bags that are used to carry certain products, such as ice cream or newspapers; and garbage bags that are sold in multiples. | Senate: Continued to 2019 in Local Government (13-Y 0-N) | |||||||||||||||||||
40 | 2018 | HB 981 | Rodman | https://lis.virginia.gov/cgi-bin/legp604.exe?181+sum+HB981 | Disposable paper and plastic bags; local taxation. | Local disposable paper and plastic bag tax. Authorizes any locality to impose a five-cent per bag tax on disposable paper bags or disposable plastic bags provided to customers by certain retailers, with certain bags being exempt from the tax. Revenues from the local tax would be collected by the Tax Commissioner and distributed monthly to the county or city imposing the tax to be used by such locality for pollution and litter mitigation. The bill requires each county or city adopting an ordinance to impose the tax to provide a certified copy of the ordinance to the Tax Commissioner at least six months prior to the date the tax is to become effective. The bill also allows every retailer that collects the tax to retain one cent of the five-cent tax. | Senate: Failed to report (defeated) in Finance (4-Y 11-N) | |||||||||||||||||||
41 | 2019 bills in Virginia: | |||||||||||||||||||||||||
42 | 2019 | HJ 597 | Krizek of Mt Vernon | http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+hj597 | Litter; economic impacts on fishing, farming, and water quality in urban streams, report. | Left in Rules | ||||||||||||||||||||
43 | 2019 | SJ 265 | Louise Lucas, District 18 | http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+sj265 | Municipal solid waste generated within a solid waste planning unit; reduction of recycling rate. | Senate: Stricken at request of Patron in Rules by voice vote | ||||||||||||||||||||
44 | 2019 | HJ 620 | Matthew James, district 80 | http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+hj620 | Minimum recycling rate; reduction for municipal solid waste generated within a solid planning unit. | Left in Rules | ||||||||||||||||||||
45 | 2019 | SB 1155 | Richard Black, District 13 | http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+sb1155 | Proposed bill would authorize a locality, by ordinance, to require that trash, garbage, refuse, litter, and other debris at any business or multi-family residential property that has a central collection receptacle be shielded or screened from view of a person standing at ground level from outside of the property on which the central collection receptacle is located. UPDATE: DID NOT PASS. | |||||||||||||||||||||
46 | 2019 | HB 2095 | Elizabeth Guzman, District 31 | http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+hb2095 | Local prohibition on single use plastic and expanded polystyrene products; local disposable plastic bag tax. | |||||||||||||||||||||
47 | 2019 | HB 2159 | Ken Plum, District 36 | http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+hb2159 | Plastic Pollution Prevention Advisory Council. Establishes in the executive branch of state government the Plastic Pollution Prevention Advisory Council to study and make recommendations regarding plastic pollution problems in the Commonwealth, with the mission of eliminating plastic waste. | Left in Rules | ||||||||||||||||||||
48 | 2019 | SB 1305 | John Edwards, District 21 | http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+sb1305 | Proposed bill would authorize a locality to recover unpaid charges, including interest for recycling and waste disposal services | Left in Rules | ||||||||||||||||||||
49 | 2019 | HB 2391 | Alfonso Lopez, District 49 | http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+sb1305 | Landfills; waste disposal fee; Greenhouse Gas Fund. | |||||||||||||||||||||
50 | 2019 | SB 1635 | Jennifer Boysko, District 33 | http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+sb1635 | Screening (from view) of trash receptacles; local option | did not pass | ||||||||||||||||||||
51 | 2019 | SB 1070 | Adam Ebbin, District 30 | http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+sb1070 | Local paper and plastic bag tax. Authorizes localities to impose, by ordinance, a $0.05 tax on certain disposable paper bags and disposable plastic bags provided to consumers by certain retailers. | |||||||||||||||||||||
52 | 2019 | SB 1116 | Chap Petersen, District 34 | http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+sb1116 | Plastic bag tax in the Chesapeake Bay Watershed. Imposes a five-cent per bag tax on plastic bags provided to customers by certain retailers in localities located wholly within the Chesapeake Bay Watershed and directs revenues to be used to support the Chesapeake Bay Watershed Implementation Plan. | |||||||||||||||||||||
53 | 2019 | HB 1669 | Betsy Carr, Richmond | http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+hb1669 | Local disposable paper and plastic bag tax. Authorizes any locality to impose a tax of five cents per bag on disposable paper bags or disposable plastic bags provided to consumers by certain retailers, with certain bags being exempt from the tax. | |||||||||||||||||||||
54 | 2020 | |||||||||||||||||||||||||
55 | 2020 | SB 11 | Senator Adam Ebbin of District 30 | https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SB11 | Local disposable paper and plastic bag tax. | Authorizes any locality to impose a tax of five cents per bag on disposable paper bags or disposable plastic bags provided to consumers by certain retailers, with certain bags being exempt from the tax. The bill allows every retailer that collects the tax to retain one cent of the five-cent tax. House and Senate Conference member agreed to new language– Any locality in the Commonwealth has the authority to impose a fee of five cents per bag on disposable plastic bags. | Passed and signed by the Governor. Takes effect on January 1, 2021. See tab at bottom of this document to see a list of the local governments in Virginia that have implemented this fee. | |||||||||||||||||||
56 | 2020 | SB 26 | Senator Chap Petersen of District 34 | https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SB26 | Plastic bag tax in Chesapeake Bay watershed. | Imposes a five-cent per bag tax on plastic bags provided to customers by certain retailers in localities located wholly within the Chesapeake Bay Watershed and directs revenues to be used to support the Chesapeake Bay Watershed Implementation Plan. The bill also allows every retailer that collects the tax to retain one cent of every five cents collected. | Incorporated by SB 11 | |||||||||||||||||||
57 | 2020 | SB 193 | Senator Favola of District 31 | https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SB193 | Single-use plastic and expanded polystyrene products; local prohibition; local tax. | Authorizes a locality to prohibit by ordinance the purchase, sale, or provision, whether free or for a cost, of certain single-use products that are not recyclable or compostable and for which there is a suitable and cost-effective compostable or recyclable alternative product available, with certain exceptions. The bill also authorizes any locality to impose a five-cent per item tax on single-use plastics and polystyrene products provided to customers by certain retailers, with certain products being exempt from the tax. The bill directs revenue from the local tax to be used by the locality imposing the tax for cleanup or education programs designed to reduce waste. The bill allows every restaurant or retailer that collects the tax to retain one cent of the five-cent tax if the tax is paid in a timely manner. | Struck at request of the Patron | |||||||||||||||||||
58 | 2020 | SB 198 | Senator Locke of District 2 | https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SB198 | Disposable plastic shopping bags; local option. | Allows any locality by ordinance to prohibit the distribution, sale, or offer for sale of disposable plastic shopping bags to consumers. The bill exempts from any such prohibition reusable bags of a certain thickness, bags that are used to carry certain products, such as ice cream or newspapers, and garbage bags that are sold in multiples. | Incorporated by SB 11 | |||||||||||||||||||
59 | 2020 | SB 318 | Senator Kiggins | https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SB318 | Release of balloons; prohibition. | Reduces the number of balloons per hour that a person may release without penalty from 49 to one. | Passed the Senate. Continued to 2021 in House Agriculture, Chesapeake and Natural Resources by voice vote. | |||||||||||||||||||
60 | 2020 | HB 302 | Delegate McNamara of District 8 | https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB302&201+sum+HB302 | Litter tax repeal. | This bill would repeal the annual litter tax. HB 302 opposition talking points. | Left in House Finance Subcommittee 3 | |||||||||||||||||||
61 | 2020 | HB 502 | Delegate Krizek of District 44 | https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB502 | Litter tax; penalty. | Adds $100 to the existing penalty for litter tax delinquency. HB 502 supporting talking points. | Passed and signed by the Governor. | |||||||||||||||||||
62 | 2020 | HB 507 | Delegate Guy of District 83 | https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB507 | Release of balloons prohibitied; civil penalty. | Prohibits any person, with certain exceptions, from knowingly releasing or causing to be released any balloon outdoors and provides that any person convicted of a violation shall be liable for a civil penalty of not less than $250 or more than $2,500, to be paid into the Litter Control and Recycling Fund. A court may, as an alternative to imposing the penalty, require the performance of at least 10 hours of community service in litter abatement activities. Current law prohibits a person from releasing 50 or more balloons within an hour and sets the civil penalty at $5 per balloon. HB 507 supporting talking points. | Failed in House Agriculture, Chesapeake, and Natural Resources Committee | |||||||||||||||||||
63 | 2020 | HB 533 | Delegate Carr of District 69 | https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB533&201+sum+HB533 | Expanded polystyrene food service containers; prohibition on dispensing, 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 certain institutions, including correctional facilities and public schools, 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 $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. Finally, the bill directs the Department of Environmental Quality to post to its website information on compliance and the filing of complaints. | Passed the General Assembly in 2020 and again in 2021. Then, a 5 year extension to the phase out was added, so larger chain restaurants now have until 2028, and smaller resturants have until 2030. | |||||||||||||||||||
64 | 2020 | HB 534 | Delegate Carr of District 69 | https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB534 | Local disposable plastic bag tax. | Authorizes any locality to impose a tax of five cents per bag on disposable plastic bags provided to consumers by certain retailers, with certain bags being exempt from the tax. Revenues from the local tax would be collected by the Tax Commissioner and distributed monthly to the locality imposing the tax to be used by such locality for the mitigation of pollution and litter. The bill requires each locality imposing the tax by ordinance to provide a certified copy of the ordinance to the Tax Commissioner at least six months prior to the date the tax is to become effective. The bill also allows every retailer that collects the tax to retain one cent of the five-cent tax. | Incorporated into SB 11 | |||||||||||||||||||
65 | 2020 | HB 1151 | Delegate Lopez of District 49 | https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB1151 | Single-use plastic and expanded polystyrene products; local prohibition, local tax. | Authorizes a locality to prohibit by ordinance the purchase, sale, or provision, whether free or for a cost, of certain single-use products that are not recyclable or compostable and for which there is a suitable and cost-effective compostable or recyclable alternative product available, with certain exceptions. The bill also authorizes any locality to impose a five-cent per item tax on single-use plastics and polystyrene products provided to customers by certain retailers, with certain products being exempt from the tax. The bill directs revenue from the local tax to be used by the locality imposing the tax for cleanup or education programs designed to reduce waste. The bill allows every restaurant or retailer that collects the tax to retain one cent of the five-cent tax if the tax is paid in a timely manner. | Defeated by Senate | |||||||||||||||||||
66 | 2020 | HB 1154 | Delegate Lopez of District 49 | https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB1154 | Litter taxes; amount of tax. | Increases the annual litter tax from $10 to $15 and the additional annual litter tax from $15 to $30. Both taxes are imposed on manufacturers, wholesalers, distributors, and retailers of certain products, however, the additional tax applies to fewer businesses. HB 1154 supporting talking points. | Passed and signed by the Governor. | |||||||||||||||||||
67 | 2020 | HB 1354 | Delegate Plum of District 36 | https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB1354 | Establishes the Plastic Pollution Prevention Advisory Council. | Establishes in the executive branch of state government the Plastic Pollution Prevention Advisory Council to study and make recommendations regarding plastic pollution problems in the Commonwealth, with the mission of eliminating plastic waste. | Passed and signed by the Governor. Council was named in Spring 2021. First report is due in Spring 2022? | |||||||||||||||||||
68 | 2020 | HB 1347 | Delegate Plum of District 36 | https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB1347 | Expanded polystyrene food service containers; prohibition on dispensing, 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 certain institutions, including correctional facilities and public schools, 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 $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. Finally, the bill directs the Department of Environmental Quality to post to its website information on compliance and the filing of complaints. | Incorporated by HB 533 | |||||||||||||||||||
69 | 2020 | HB 1673 | Delegate Ware of District 65 | https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HB1673 | Plastic bag tax; use of revenues. | Allows localities to impose a five-cent ($0.05) per bag tax on plastic bags provided to customers by retailers in grocery stores, convenience stores, or drugstores in the Commonwealth. The bill also (i) requires every retailer to provide recycling receptacles at its place of business for such disposable plastic bags and (ii) allows every retailer that collects the tax to retain one cent ($0.01) of every five cents ($0.05) collected. The tax is to be administered in the same manner as the retail sales and use tax, and all revenues from the tax shall be deposited in equal sums into the Virginia Water Quality Improvement Fund and the Virginia Natural Resources Commitment Fund. | Incorporated by HB 1151 | |||||||||||||||||||
70 | 2020 | HJ 89 | Delegate Krizek of District 44 | https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HJ89 | Study; economic and environmental impacts of litter on fishing, farming, habitat, organisms, and water quality in streams | Requests the Department of Environmental Quality to study the economic and environmental impacts of litter on fishing, farming, water quality, and other components of Virginia’s economy and habitat and to propose strategies, campaigns, and necessary state actions to protect the economy of the Commonwealth from harm caused by litter and to promote Virginia’s economic welfare. HJ 89 supporting talking points. | Left in House Appropriations Committee | |||||||||||||||||||
71 | 2020 | HJ 116 | Delegate Gooditis of District 10 | https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+HJ116 | Waste Diversion Recycling Task Force; DEQ to establish. | Requests the Department of Environmental Quality to establish a Waste Diversion and Recycling Task Force to study ways to increase waste diversion and recycling. The resolution requests that the Department work with stakeholders to develop recommendations to reduce waste at the source such as composting and recycling of organic material. It also requests that the Department study potential improvements in the goals and efficiency of the grant program funded by the Litter Control and Recycling Fund, which under current law is used to fund local litter prevention, recycling grants to localities, and statewide and regional litter prevention and recycling educational program grants. The Department shall (i) study methods of improving recycling, reducing waste, and diverting waste from landfills, (ii) develop recommendations to reduce waste at the source, such as composting and recycling of organic material, and (iii) consider whether current recycling rates required by Virginia law should be increased and whether state policy should be changed to give landfills a greater role in the management of organic material. | Left in House Appropriations Committee | |||||||||||||||||||
72 | 2021 | |||||||||||||||||||||||||
73 | 2021 | HB 1902 | Delegate Betsy Carr of District 69 | 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. | |||||||||||||||||||||
74 | 2021 | HB 2159 | Delegate Nancy Guy of District 83 | Release of balloon prohibited; civil penalty. | Prohibits any individual 13 years of age or older or other person, including a corporation, from intentionally releasing, discarding, or causing to be released or discarded any nonbiodegradable balloon outdoors and provides that any person convicted of such violation is liable for a civil penalty of $25 per balloon, to be paid into the Game Protection Fund. Current law prohibits a person from knowingly releasing 50 or more such balloons within an hour and sets the civil penalty at $5 per balloon, with the proceeds deposited into the Lifetime Hunting and Fishing Endowment Fund. | |||||||||||||||||||||
75 | 2021 | HB 1801 | Delegate James E. Edmunds II of District 60 | Disposing of litter; penalty. | Increases the fine for dumping or disposing of litter, trash, or other unsightly matter on public or private property from a minimum of $250 and a maximum of $2,500 to a minimum of $500 and a maximum of $5,000. The bill also increases the mandatory minimum period of community service in lieu of confinement in jail from 10 hours to 40 hours. | |||||||||||||||||||||
76 | 2021 | EO 77 (Executive Order 77) | Governor Ralph Northam | https://www.deq.virginia.gov/get-involved/pollution-prevention/greening-the-government/waste-reduction | Virginia Leading by Example to Reduce Plastic Pollution and Solid Waste | On March 23, 2021, Governor Ralph Northam signed Executive Order 77, aimed at reducing Virginia’s reliance on single-use plastics and reducing waste sent to landfills. The order puts the Commonwealth on a path to eliminate most single-use plastics at state agencies, colleges and universities, imposing a near-term ban on several common, but unnecessary disposable plastics and requiring the phase out of other items by 2025. Agencies shall discontinue buying, selling, or distributing these specific items: disposable plastic bags, single-use plastic and polystyrene food service containers, plastic straws and cutlery, and single-use plastic water bottles. | This was not a bill, but is included here because of its impact on the use of single-use plastics by universities and VA state agencies. | |||||||||||||||||||
77 | 2022 | |||||||||||||||||||||||||
78 | 2022 | HB 647 | Delegate Betsy Carr of District 69 | https://lis.virginia.gov/cgi-bin/legp604.exe?221+sum+HB647 | Packaging Stewardship Program and Fund; Stewardship Advisory Committee | Establishes the Packaging Stewardship Program, administered by the Department of Environmental Quality. Under the Program, a producer that sells products with packaging materials in the Commonwealth pays a fee to the Department based upon the amount of packaging used and whether or not it is easily recyclable. A producer may establish an alternative collection program to offset some or all of the fees. The fees are paid into the Packaging Stewardship Fund, established in the bill, and are used to reimburse participating localities for expenses related to recycling, invest in recycling infrastructure and education, and pay administrative costs related to the Program. The bill authorizes the Department to contract with a third party to administer the Program. The bill also establishes a Stewardship Advisory Committee, with 23 members appointed by the Director of the Department, to oversee implementation of the Program. | Left in House Agriculture, Chesapeake and Natural Resources Committee | |||||||||||||||||||
79 | 2022 | HB 709 | Delegate Mark Keam of District 35 | https://lis.virginia.gov/cgi-bin/legp604.exe?221+sum+HB709 | Packaging Stewardship Program and Fund; Stewardship Advisory Committee | Producers that sell products with packaging materials in the Commonwealth pay a fee to the Department based upon the amount of packaging used and whether or not it is easily recyclable. These fees are used to reimburse participating localities for expenses related to recycling, invest in recycling infrastructure and education, and pay administrative costs. This bill would allow advanced recycling as an option to create plastic and fossil fuel feedstock. | Left in House Agriculture, Chesapeake and Natural Resources Committee | |||||||||||||||||||
80 | 2022 | HB 918 | Delegate Alfonso Lopez of District 49 | https://lis.virginia.gov/cgi-bin/legp604.exe?221+sum+HB918 | Packaging Stewardship Program and Fund | Establishes the Packaging Stewardship Program (the Program), administered by the Department of Environmental Quality. Under the Program, a producer that sells products with packaging materials in the Commonwealth pays a fee to the Department based upon the amount of packaging used and whether or not it is easily recyclable. A producer may establish an alternative collection program to offset some or all of the fees. The fees are paid into the Packaging Stewardship Fund, established in the bill, and are used to reimburse participating localities for expenses related to recycling, invest in recycling infrastructure and education, and pay administrative costs related to the Program. The bill authorizes the Department to contract with a third party to administer the Program. | Left in House Agriculture, Chesapeake and Natural Resources Committee | |||||||||||||||||||
81 | 2022 | HB 826 | Delegate Patrick Hope of District 47 | https://lis.virginia.gov/cgi-bin/legp604.exe?221+sum+HB826 | Beverage container deposit and redemption program; civil and criminal penalties | Establishes a beverage container deposit, refund, and redemption program involving distributors, retailers, and consumers. The program would be run by a Producer Responsibility Organization under the Department of Environmental Quality. The bill creates an advisory committee, requires reporting, and imposes civil and criminal penalties for violation. | Left in House Agriculture, Chesapeake and Natural Resources Committee | |||||||||||||||||||
82 | 2022 | (Budget amendment) | Polystyrene ban for large chains-- 5 year delay in enacting the phase out | Budget amendments passed to delay the bill banning large chains from using single use foam cups and takeout containers by at least five years. Previously, the ban on polystyrene would start in 2023. | The budget was passed by the General Assembly, was signed by the Governor. | |||||||||||||||||||||
83 | 2023 | |||||||||||||||||||||||||
84 | 2023 | HB 1721 | Delegate Clark of District 79 | Commissioner of Health; work group to study the occurrence of microplastics in the Commonwealth; report. | Directs the Commissioner of Health to convene a work group to study the occurrence of microplastics in the Commonwealth’s public drinking water. This bill requires the work group to report its findings and recommendations to the Governor and the Chairmen of the House Committees on Agriculture, Chesapeake and Natural Resources and Health, Welfare and Institutions and the Senate Committees on Agriculture, Conservation and Natural Resources and Education and Health by December 1, 2023. | Failed in House Agriculture, Chesapeake, and Natural Resources Sub-Committee: Cheseapeake (4Y-5N) | ||||||||||||||||||||
85 | 2023 | SB 933 | Senator Edwards of District 21 | Single-use plastic carrier bags; local prohibition | Authorizes a locality to prohibit by ordinance the purchase, sale, or provision, whether free or for a cost, of any single-use plastic carrier bag from grocery stores, retail stores, and convenience stores. Under this bill, “plastic carrier bags” shall not include the following: i) Durable plastic bags with handles that are specifically designed and manufactured for multiple reuse and that are at least four mils thick; ii) Plastic bags used to carry ice cream, meat, fish, poultry, leftover restaurant food, newspapers, or dry cleaning; iii) Plastic bags used to carry alcoholic beverages or prescription drugs; or iv) Multiple plastic bags sold in packages and intended for use as garbage, pet waste, or leaf removal bags. | Failed in Senate Committee on Local Government (6Y-9N) | ||||||||||||||||||||
86 | 2023 | HB 1370 | Delegate Ware of District 65 | Landfill siting; proximity to private wells | Prohibits the siting of a new municipal solid waste landfill within one mile upgradient (upstream or uphill) of any existing private well. This bill also prohibits the siting of new solid waste landfills within one to three miles upgradient of any existing surface or groundwater public water supply intake or reservoir, unless certain requirements are met. | Tabled in House Agriculture, Chesapeake, and Natural Resources (14Y-8N) | ||||||||||||||||||||
87 | 2023 | HB 1645 | Delegate Anderson of District 83 | Litter tax; penalty for failure to timely pay. | Prohibits the Department of Taxation from imposing any penalty or interest for failure to pay the litter tax without first notifying the taxpayer at least 30 days prior to the date that a return must be filed | Passed House and Senate | ||||||||||||||||||||
88 | 2023 | SB 1012 | Senator Edwards of District 21 | State and local prohibition on single-use plastic and expanded polystyrene products | Prohibits state agencies beginning July 1, 2024, from contracting for the purchase, sale, and distribution of (i) single-use plastic bags, cutlery, straws, or water bottles and (ii) single-use plastic food service containers and expanded polystyrene food service containers, except during a declared state of emergency. This bill directs the Department of General Services to post public notice of all prohibited goods on its public procurement website. This bill also authorizes any locality to prohibit by ordinance the purchase, sale, or provision, whether free or for a cost, of (a) single-use plastic bags, cutlery, straws, or water bottles and (b) single-use plastic food service containers and expanded polystyrene food service containers, with certain exceptions enumerated in the bill. | Failed in Senate Agriculture, Conservation, and Natural Resources (4Y 10N 1A) | ||||||||||||||||||||
89 | 2023 | HB 2496 | Delegate Runion | Virginia Recycling Development Center established | Plastics industry backed bill to establish government funded grants for plastics to fuel manufacturing | |||||||||||||||||||||
90 | KEY: | Blue= single-use items including bags | ||||||||||||||||||||||||
91 | Yellow = Redeemable beverage containers. | |||||||||||||||||||||||||
92 | Light mauve = balloon litter prevention | |||||||||||||||||||||||||
93 | No highlight = assorted bills | |||||||||||||||||||||||||
94 | Cigarette butt litter: see tab at bottom for a list of bills | |||||||||||||||||||||||||
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96 | Compiled by Clean Virginia Waterways of Longwood University. Send updates and corrections to: cleanva@longwood.edu | |||||||||||||||||||||||||
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