North Carolina 2021-2022 Session Status: In Committee Bipartisan · 6 D · 1 I cosponsors

HB 939 — Food Waste Reduction Act.

Last action — Passed 1st Reading

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

174 added · 173 removed

Plain-language change summary

The updated version of House Bill 939 removes a phrase that specified food scraps must be delivered to an organics recycler. Instead, it focuses solely on requiring designated food waste generators to donate excess food for human consumption and use any remaining food scraps beneficially as soil amendments. This change simplifies the process by reducing the number of steps involved in handling food waste, which could encourage more businesses to participate in food donation efforts and ultimately help reduce waste in landfills.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 939 Short Title:
939 May 11, 2021 SESSION 2021 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH40593-MHa-142 Short Title:
Representative Hawkins.
Representatives Hawkins, Ager, and Brown (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT TO ENACT THE FOOD RECOVERY AND RECYCLING ACT.
Rules, Calendar, and Operations of the House May 12, 2021 A BILL TO BE ENTITLED AN ACT TO ENACT THE FOOD RECOVERY AND RECYCLING ACT.
Food scraps shall not include used cooking oil, grease, or any food subject to a recall or seizure by the Department of Agriculture and Consumer Services or any other State agency due to the presence of pathogens, including, but not limited to:
Food scraps shall not include used cookingoil, grease, or any food subject to a recall or seizure by the Department of Agriculture and Consumer Services or any other State agency due to the presence of pathogens, including, but not limited to:
The proportion of the product created from food scraps by a composting or digestion facility, including a wastewater treatment plant that operates adigestionfacility, orother combined-stream treatment system, must be used in a beneficial manner as a soil amendment and shall not be disposed of or incinerated.
The proportion of the product created from food scraps by a composting or digestion facility, including a wastewater treatment plant that operates adigestionfacility,orother combined-stream treatment system, must *H939-v-1* General Assembly Of North Carolina Session 2021 be used in a beneficial manner as a soil amendment and shall not be disposed of or incinerated.
*DRH40593-MHa-142* General Assembly Of North Carolina Session 2021 (4) Single location.
(4) Single location.
(1) TheStatehasagrowingfoodrecoveryinfrastructureconsistingofcommercial composting facilities with enough total permitted capacity to process the majority of the excess food to meet the goal set by the U.S.
(1) TheStatehasa growingfoodrecoveryinfrastructureconsistingofcommercial composting facilities with enough total permitted capacity to process the majority of the excess food to meet the goal set by the U.S.
(3) CompostingbenefitsNorthCarolinaagencies, counties,cities,businesses,and residents by divertingfoodandyard waste from landfills,reducing solidwaste costs, and lowering carbon emissions, and creates a value-added product from those waste materials that can be used to improve soil health.
(3) CompostingbenefitsNorthCarolinaagencies,counties,cities,businesses,and residents bydivertingfoodand yard waste from landfills,reducingsolidwaste costs, and lowering carbon emissions, and creates a value-added product from those waste materials that can be used to improve soil health.
(3) Haveinformationavailableandprovidetrainingforemployees concerningthe proper methods to separate and store food scraps.
Page 2 House Bill 939-First Edition General Assembly Of North Carolina Session 2021 (3) Haveinformationavailableandprovidetrainingforemployeesconcerningthe proper methods to separate and store food scraps.
Page 2 DRH40593-MHa-142 General Assembly Of North Carolina Session 2021 (4) Obtain a transporter that will deliver food scraps to an organics recycler, self-haul its food scraps to an organics recycler, or provide for organics recycling on-site via in vessel composting, aerobic or anaerobic digestion, or any other method of processing organic waste as the Department may specify by rule, for some or all of the food waste it generates on its premises, provided that the remainder is delivered to an organics recycler.
(4) Obtain a transporter that will deliver food scraps to an organics recycler, self-haul its food scraps to an organics recycler, or provide for organics recycling on-site via in vessel composting, aerobic or anaerobic digestion, or any other method of processing organic waste as the Department may specify byrule, for some or all of the food waste it generates on its premises, provided that the remainder is delivered to an organics recycler.
(b) Any waste transporter that collects food scraps from a designated food scraps generator shall take all reasonable precautions to not deliver those food scraps to an incinerator or a landfill nor commingle the material with any other solid waste unless such commingled waste can be processed by an organics recycler or unless such generator has received a temporary waiver under G.S.
(b) Any waste transporter that collects food scraps from a designated food scraps generator shall take all reasonable precautions to not deliver those food scraps to an incinerator or a landfill nor commingle the material with any other solid waste unless such commingled waste can be processed byan organics recycler or unless such generator has received a temporary waiver under G.S.
Incinerators and landfills permitted under this Article shall take all reasonable precautions to not accept food scraps from designated food scraps generators required to send their food scraps to an organics recycler as outlined under G.S.
Incinerators and landfills permitted under this Article shall take all reasonable precautions to not accept food scraps from designated food scraps generators required to send their food scraps House Bill 939-First Edition Page 3 General Assembly Of North Carolina Session 2021 to an organics recycler as outlined under G.S.
DRH40593-MHa-142 Page 3 General Assembly Of North Carolina Session 2021 (a) No later than January 1, 2023, and annually thereafter, the Department shall assess the capacity of each organic recycler and notify designated food scraps generators if they are required to comply with the provisions of G.S.
(a) No later than January 1, 2023, and annually thereafter, the Department shall assess the capacity of each organic recycler and notify designated food scraps generators if they are required to comply with the provisions of G.S.
(c) The Department shall develop and make available educational materials and a technical assistance program for designated food scraps generators and organics recyclers to comply with this Part.
(c) The Department shall develop and make available educational materials and a technical assistance program for designated food scraps generators and organics recyclers to complywith this Part.
APPROPRIATIONS SECTION 2.(a) Two hundred thousand dollars ($200,000) in recurring funds and fifty thousand dollars ($50,000) in nonrecurring funds for the 2021-2022 fiscal year is appropriated from the General Fund to the Department of Environmental Quality and allocated to the Division of Waste Management and the Division of Environmental Assistance and Customer Service to implement the provisions of Section 1 of this act.
APPROPRIATIONS SECTION 2.(a) Two hundred thousand dollars ($200,000) in recurring funds and fifty thousand dollars ($50,000) in nonrecurring funds for the 2021-2022 fiscal year is appropriated from the General Fund to the Department of Environmental Quality and allocated to the Division of Waste Management and the Division of Environmental Assistance and Page 4 House Bill 939-First Edition General Assembly Of North Carolina Session 2021 Customer Service to implement the provisions of Section 1 of this act.
Page 4 DRH40593-MHa-142 General Assembly Of North Carolina Session 2021 SECTION 3.
SECTION 3.
DRH40593-MHa-142 Page 5
House Bill 939-First Edition Page 5
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Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules, Calendar, and Operations of the House

  3. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 11 co-sponsors · 166 not signed on

Sponsors (2)

Co-sponsors (11)

Not signed on (166)

166 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors HB 939?
HB 939 is sponsored by Eric Ager (Democratic), R. Smith, K. Smith, Zack Hawkins (Democratic), Terry M. Brown Jr. (Democratic), Vernetta Alston (Democratic), Autry, Harris, Pricey Harrison (Democratic), Hunt, Carolyn G. Logan (Democratic), Lucas, and Nasif Majeed (U).
What is the current status of HB 939?
This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 939?
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