The 2021 General Assembly is coming to an end and there were definitely environmental successes. We will forever remember the 2021 General Assembly by the words of Senator Chap Petersen, “The great polystyrene compromise of 2021” and Senator Hanger’s defense of chemical conversion, “I believe my friends in the environmental community will, once they understand what this actually does, I will be nominated by the Sierra Club as Environmentalist of the year”. This was a legislative session full of concessions. We expect there to be some compromise between legislators and concessions from the environmental community; we don’t expect our legislators to provide a Sophie’s Choice to appease the petrochemical industry.
“I believe my friends in the environmental community will, once they understand what this actually does, I will be nominated by the Sierra Club as Environmentalist of the year”
Sophie’s Choice- The “Great” Compromise
The bill to ban single-use expanded polystyrene (Styrofoam) food and beverage containers (HB 1902) and the bill to classify chemical conversion as a manufacturing process (SB 1164) were connected from the start, despite reassurances from elected officials. The Coalition for Consumer Choice, an industry funded lobbying group that includes the Virginia Manufacturers Association (VMA) and the American Chemistry Council (ACC), led the attempt to stop HB 1902 and were the main proponents of SB 1164.
On the Coalition for Consumer Choice Opposition to HB1902 to oppose HB 1902: “Passage of HB 1902 will diminish the opportunity to attract Advanced Recycling technology to Virginia. In order to continue to attract Advanced Recycling investment in Virginia, it is essential that there be a supportive regulatory environment for the industry. Banning polystyrene, a feedstock for Advanced Recycling, would discourage investment in this 21st century technology in the Commonwealth.” We’ve written at length as to why these claims are simply not true, and you can read about them here. Chemical conversion (advanced recycling) should be subject to the same regulations as every other solid waste management facility in Virginia.
The connection of these bills is not based on speculation, it was confirmed by Senator Petersen on the Senate floor- “To the extent that we get this bill off the floor and pass it, I think it’s important that there will be a reciprocal understanding on the other side of the hall that recycling also needs to be respected and the recycling industry needs to be respected.” The senator continued with, “There’s no such thing as a quid pro quo in this business, but I will tell you that this is part of a large compromise”.
The large compromise or as we like to call it, “holding good legislation hostage to clear a path for bad legislation,” was that the Senate would not pass the ban on styrofoam food and beverage containers unless House members caved to their pressure to classify chemical conversion as a manufacturing process. Immediately after the chemical conversion bill passed, the ACC published a press release exclaiming how excited ExxonMobil, Shell Chemical, and Chevron-Phillips were to see their efforts rewriting state laws are succeeding around the country.
Chemical conversion passed the Senate with a 34 Y- 4 N vote and passed the House with a 90 Y- 8 N vote. 34 Virginia state senators and 90 Virginia state delegates supported a bill championed by the most polluting and plastic-creating corporations on the planet as a means to solve the plastic pollution crisis- Fox, meet henhouse. There is no indication from industry that they will be taking consumer plastic waste (the stuff we find most in streams and at cleanups) such as water and drink bottles, plastic wrap or film at any of these facilities despite what the legislators believe.
It is a huge win for single-use expanded polystyrene food and beverage containers to be banned in Virginia and this win should be celebrated. Although it will take several years before these products are phased out in Virginia, this advancement was not seen as a realistic possibility under any circumstances even three years ago. Several groups across the state were involved in this campaign, led by Environment Virginia. Despite the setback against chemical conversion, the opportunity for better policies is not over. We can all work together to protect Virginians as the plastics industry attempts to expand chemical conversion facilities across the Commonwealth.
Intentional Balloon Releases
HB 2159 the bill to ban intentional balloon releases has passed the House and Senate, but not the version we were hoping to see, this bill was watered down in the name of “compromise”. As the bill reads now, individuals 16 years of age or older are liable for a $25 fine per balloon intentionally released.
The environmental community was hoping to see a blanket ban on intentional balloon releases and a $250 fine, which received accusations of targeting kids with questions like, “are you going to fine a six year old who accidentally releases a balloon?” Obviously the goal is to not target loose-gripped children; the purpose of the legislation is to solve a problem. The most effective way to create widespread community change is with legislation that circumscribes the problem and enforcement to ensure legislation is followed.
Any fines collected from this penalty will be deposited into the Game Protection Fund, which we expect to see exactly zero dollars from this legislation. Why don’t we expect to see these fines issued? The previous Virginia law allowed for the intentional release of 49 balloons an hour, with a $5 fine for any additional balloons released. Fines were supposed to be deposited into the Lifetime Hunting and Fishing Endowment fund, overseen by the Virginia Department of Wildlife Resources (DWR). DWR could not tell us how much money they’ve collected from these fines. The state fiscal impact statement declares, “Historically, DWR has not collected any penalties from this law”.
You’ve seen intentional balloon releases at college and high school football games or at weddings when 100s or 1000s or more of balloons are let go in the name of “celebration.” These are egregiously bad–akin to just deliberately dropping 1000s of pieces of trash in the ocean. It is a good thing that you can’t release 49 balloons an hour without penalty anymore, but Virginians did not receive the bill that should have been passed.
Illegal Dumping
HB 1801 which addressed fines for illegal dumping, was also introduced and passed but was also watered down in the name of compromise. The initial proposed legislation would have increased the minimum penalty to $2,500 and the maximum to $5,000 in addition to increasing community service hours in lieu of jail time from 10 hours to 40 hours. The bill that passed mandates a $500 minimum and a $2,500 maximum with no change in community service hours.
The most glaring issues with this bill is that it provides no enforcement mechanism and most importantly it does not address the root cause of illegal dumping. Illegal dumping occurs because of a lack of access to waste management facilities; people need to be provided with more options for dealing with the kind of trash that can’t be put out on the curb. The ability to dispose of big household items and trash responsibly should not be dependent on a person’s financial ability to pay. If we want a clean Commonwealth we need to prioritize policies that will facilitate better behaviors.
