History of Litter Legislation

That’s a wrap on the 2024 Virginia General Assembly! Plastics and waste reduction legislation are always hot topics at the General Assembly and this year was no different. The environmental community mostly held ground this session (scroll down for highlights from the bills we tracked); we look forward to continuing our work in 2025!

Thank YOU for being an engaged advocate for plastics and litter control in Virginia.

Click here for a full history, in spreadsheet form, of recent litter legislation in Virginia.

Legislative Lay of the Land
The 2021 General Assembly contained a couple significant legislative victories to reduce the plastic pollution crisis. The bill to ban expanded polystyrene (styrofoam) single use food and beverage containers and the bill to ban intentional balloon releases were both signed into law. We also had a significant setback–despite strong opposition from environmental and community groups, “The Great Polystyrene Compromise of 2021”, enabled the petrochemical industry supported bill to reclassify advanced recycling as a manufacturing process to become law in Virginia. Similarly, the 2022 G.A. brought both exciting progress with the introduction of multiple EPR manufacturing bills, and new challenges with the delay of the single use styrofoam ban for food vendors. Similar challenges plagued the 2023 General Assembly, with many good environmental bills left on the table or defeated in committee. A notable success however, was an update to the state Litter Tax (HB 1645, penalty for failure to timely pay)—we hope to continue work towards much needed updates to the Litter Tax in coming sessions. The 2024 G.A. is another excellent opportunity for Virginia to reduce the amount of litter overwhelming our communities and waterways. This legislation tracker is to help everyone become active participants in Virginia’s legislative process!

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2024 Status Updates

Legislative lingo can be confusing, check out this helpful General Assembly Glossary from the University of Virginia!

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2024 Legislation Tracker

Budget Amendment 362 #1h (Del. Betsy Carr) – Move Forward Effective Date of Polystyrene Container Prohibition. Advances the ban on polystyrene container use from 2028 to 2025 for retail food establishments with 20 or more locations, and from 2030 to 2026 for smaller establishments. Litter Free Virginia supports this budget amendment.
The amendment was included in the General Assembly’s budget which was sent to the Governor’s desk. Governor Youngkin’s amended budget (unveiled April 8) returns the EPS ban to the delayed timeline (2028 and 2030). We await to see if the G.A. will take action to reject elements of the Governor’s budget. Read more about this developing situation from Environment Virginia.

HJ 35 (Delegate Paul Krizek of District 16) – Department of Taxation; tax policy options for reforming the litter tax; report. Directs the Department of Taxation, in conjunction with the Department of Environmental Quality, to study tax policy options for reforming the litter tax. Litter Free Virginia Supports this Resolution.
This bill was referred to the House Committee on Rules, where the Studies Subcommittee continued it to 2025.

HB 33 (Delegate Nadarius Clark of District 84) – Public drinking water; Commissioner of Health’s work group to study occurrence of microplastics. Directs the Commissioner of Health to convene a work group to study the occurrence of microplastics in the Commonwealth’s public drinking water and develop recommendations for the reduction of microplastics in the Commonwealth’s public drinking water. The 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, 2024. Litter Free Virginia Supports this bill.
This bill was referred to the House Committee on Rules, where the Studies Subcommittee continued it to 2025.

HB 228 (Delegate Joshua Cole of District 28) – Virginia Consumer Protection Act; recycling information on products. Prohibits the sale or offering for sale of any product that indicates on the product’s container or packaging that such container or packaging is recyclable unless such container or packaging is made out of a material that is recyclable under a majority of regional and local waste management plans. The bill requires the Virginia Waste Management Board to maintain a list of all materials that are recyclable under a majority of regional and local waste management plans adopted and to make such list available on the Department of Environmental Quality’s website. Litter Free Virginia Supports this bill.
This bill was referred to the House Committee on Labor and Commerce, where it was assigned to Subcommittee #2. It was continued to 2025 in L & C by voice vote.

HB 496 (Delegate Thomas A. Garrett, Jr.) – Waste tire disposal by tire producers and haulers; fee, requirements. Requires a tire producer, as defined in the bill, to (i) dispose of all waste tires to a processing facility or a recycling center through a licensed hauler; (ii) ensure that the waste tires intended to be disposed of are placed in a secure location that is not readily accessible to the public; and (iii) register with the Department of Environmental Quality no later than October 1, 2024, and annually thereafter. The bill expands the purpose of the Waste Tire Trust Fund to include paying the costs of implementing the waste tire disposal requirements of tire haulers. The bill also increases the tire recycling fee from $0.50 to $2.00 beginning July 1, 2024. Litter Free Virginia Supports this bill.
The legislation was referred to the House Committee on Agriculture, Chesapeake and Natural Resources, and assigned to the ACNR Subcommittee: Natural Resources. The bill reported out of Natural Resources with substitute language and was then referred to the Committee on Appropriations. With amended language, the bill was reported from Appropriations and printed. In crossover, the bill was passed by indefinitely by the Senate Committee on Finance and Appropriations.

HJ 24 (Delegate Dan Helmer of District of District 40) – Dillon Rule; joint subcommittee to study. Study; joint subcommittee; Dillon Rule; report. Creates a 13-member joint subcommittee for a one-year study of the Dillon Rule and its impact on Virginia’s localities. Litter Free Virginia Supports this Resolution.
The bill was referred to the House Rules Committee, where it was assigned to the Studies Subcommittee and was continued to 2025.

SJ 18 (Senator Hashmi of District 15) –  Dillon Rule; joint subcommittee to study. Study; joint subcommittee; Dillon Rule; report. Creates a 13-member joint subcommittee for a one-year study of the Dillon Rule and its impact on Virginia’s localities. Litter Free Virginia Supports this Resolution.
This bill was referred to the Senate Committee on Rules, where it was continued to 2025 by voice vote.

HB 316 (Delegate David Bulova of District 11) – HB 316 Virginia Recycling Development Center; established, report. This bill would establish a Recycling Market Development Fund, a new section of grants from the general fund for recycling. This bill has an important distinction:“Recycled” means a commodity or product that consists in part or whole of recyclable material, except for the purpose of § 10.1-1425.42 recycled does not include fuel, fuel substitute, or fuel additive. This sentence ensures funds from this program are not used to fund plastic to fuel initiatives, allowing Virginia to allocate resources to true cyclical recycling programs.
This bill was referred to the House Committee on Agriculture, Chesapeake and Natural Resources: Natural Resources Subcommittee. It reported out of subcommittee unanimously with substitute language. In crossover, the Senate also passed the bill with substitute language. Ultimately, the Senate substitute language was rejected by the House and the bill failed to pass.

HB 1227 (Delegate Rodney T. Willett of District 58) – Recycling Infrastructure Improvement Fund; established; report. Establishes the Virginia Recycling Infrastructure Improvement Fund for the purpose of supporting local government recycling programs. The bill requires the Department of Environmental Quality to administer the Fund as a grant program to encourage the establishment of physical infrastructure and equipment necessary to start or improve local government recycling operations. The bill prohibits local governments from discontinuing their recycling programs until after July 1, 2028.
This bill was laid on the table in the House Appropriations Subcommittee: Commerce Agriculture & Natural Resources.

SB 260 (Senator Bill DeSteph of District of District 20) – Virginia Public Procurement Act; preference for products made or manufactured in Virginia and U.S. Provides preference for a bidder who is a resident of Virginia over a bidder who is a resident of any other state in determining the award for any contract for goods, services, or construction under the Virginia Public Procurement Act. The bill directs the Secretary of Commerce and Trade to convene a stakeholder work group to recommend revisions to the recyclable materials tax credit and report on the work group’s recommendations by November 1, 2024. This bill includes an important carve out for chemical conversion- advanced recycling (pyrolysis, gasification, plastic to fuels) would be classified as recycling if this legislation is approved.
This legislation reported from the Senate Committee on General Laws and Technology, and was printed with substitute language.

2023 Legislation Tracker

Virginia’s Participation in the Regional Greenhouse Gas Initiative (RGGI) – The Youngkin administration is seeking to withdraw Virginia from this multi-state carbon emissions cap-and-invest program. Read more about RGGI here. There is a public comment period from Jan. 30 – Mar. 31 on the proposed regulation that would enable Virginia’s removal from the initiative. Our partners at SELC have created a one-pager with helpful context and talking points to defend Virginia’s participation in RGGI.

HB 2496 (Delegate Runion of District 25) – Virginia Recycling Development Center; established, report, sunset provision. This bill would establish a Recycling Market Development Fund, a new section of grants from the general fund for “recycling.” In reality, these funds would support the plastics-to-fuel industry in Virginia. This bill was laid on the table in the House Committee on Appropriations.

SB 1365 (Senator Lewis of District 6) – Local regulation of materials recovery facilities. Provides that a locality may not adopt a local ordinance that would prevent or prohibit the disposal of garbage, trash, or refuse at any materials recovery facility as such term is defined in the bill. SB 1365 opposition talking points. This bill has been referred to the Senate Committee on Agriculture, Conservation, and Natural Resources.

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. This bill was left in the House Committee on Agriculture, Chesapeake, and Natural Resources.

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. This bill was defeated in the Senate Committee on Local Government.

HB 1645 (Delegate Anderson of District 83) – Litter tax; penalty for failure to timely pay. This bill would reduce the penalty for late and non-payments of the litter tax from the current penalty of $100 to $10. HB 1645 opposition talking points. The House Committee on Finance: Subcommittee #2 killed this bill as it read; the late payment fee will not be reduced, but we expect to see amended language with the monetary portion removed. This bill was passed in the House and Senate with amended language (the late payment fee will not be reduced, a 30-day notice for taxpayers was added). It now awaits action from the Governor (deadline March 27, 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. This bill was defeated in the Senate Committee on Agriculture, Conservation, and Natural Resources.

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. The House Committee on Agriculture, Chesapeake, and Natural Resources has laid this bill on the table.

2022 Legislation Tracker

HB 647 (Delegate Carr of District 69) –  Packaging Stewardship Program and Fund; Stewardship Advisory Committee; established. 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 does not allow funds to be used for advanced recycling plastic or fossil fuel feedstock . The House Committee on Agriculture, Chesapeake, and Natural Resources has laid this bill on the table.

HB 709 (Delegate Keam of District 35) – Packaging Stewardship Program and Fund; Stewardship Advisory Committee; established. 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. The House Committee on Agriculture, Chesapeake, and Natural Resources has laid this bill on the table.

HB 918 (Delegate Lopez of District 49) – 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. The House Committee on Agriculture, Chesapeake, and Natural Resources has laid this bill on the table.

HB 826 (Delegate Hope of District 47) – Beverage container deposit and redemption program; established; 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.

HB 918 (Delegate Lopez of District 49) – 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. The House Committee on Agriculture, Chesapeake, and Natural Resources has laid this bill on the table.

2021 Legislation Tracker

SB 1164 (Senator Emmett Hanger, Jr. of District of District 24) – Advanced recycling; not considered solid waste management; definition. Defines “advanced recycling” as a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic hydrocarbon raw materials and other materials. The bill provides that advanced recycling shall not be considered solid waste management. The bill also defines “gasification,” “post-use polymer,” and other terms related to advanced recycling. SB 1164 opposition talking points. This bill has passed the House and Senate.

SB 1319 (Senator Ghazala F. Hashmi of District 10) – Requests the Department of Environmental Quality to continue and expand the scope and membership of the Waste Diversion and Recycling Task Force. This task force is studying available options to divert waste from landfills including composting and baseline recyclables. This bill has passed the House and Senate.

HB 2173 (Delegate Ken Plum of District 36) – Defines “advanced recycling” as a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic hydrocarbon raw materials and other materials. The bill also defines “gasification,” “post-use polymer,” and other terms related to advanced recycling. HB 2173 opposition talking points. This bill has been stricken from the docket!

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. This bill is in conference, but should ultimately pass.

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. This bill has passed the House and Senate!

HB 1801 (Delegate James E. Edmunds II of District 60) – Disposing of litter; penalty. Increases the minimum fine for dumping or disposing of litter, trash, or other unsightly matter on public or private property from $250 to $500. This bill has passed the House and Senate.