View Amendment Current Amendment: 7 to Bill 3529 Rep. PITTS proposes the following Amendment No. 7 to H. 3529 (COUNCIL\CZ\3529C007.DKA.CZ18):

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/      SECTION      1.      The legislature finds that expanded polystyrene foam represents one of the most common and toxic forms of litter pollution in South Carolina. Expanded polystyrene foam is designed to be lightweight, which allows it to easily escape waste collection systems and accumulate on land and in water. The accumulation of expanded polystyrene foam on land and in water poisons the local food supply as the pollution leaches styrene, a known carcinogen, and other toxins into the land and water. This poisonous chain impacts all species including birds, whales, turtles, and the fish that form the foundation of the local fishing industry. Expanded polystyrene foam poisons and mars South Carolina's iconic landscapes, which serves as the basis for one of its most important industries, tourism. The National Oceanic and Atmospheric Administration's marine debris action plan have included the elimination of expanded polystyrene foam pollution as a top priority for 2019.
     The legislature further finds that the cost to the State and counties to clean expanded polystyrene foam and other plastics from storm drains, waterways, marine ecosystems, and other aggregation points is increasingly burdensome. The purpose of this act is to protect the State's environment and economy discouraging the use of nonbiodegradable containers by food vendors.

SECTION      2.      Title 39 of the 1976 Code is amended by adding:

"CHAPTER 77

South Carolina Litter Prevention Act

     Section 39-77-10.      As used in this chapter:
     (1)      'Department' means the Department of Health and Environmental Control.
     (2)      'Expanded polystyrene foam' means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials using a styrene monomer.
     (3)      'Food vendor' means any person, public or private, located within the State, who offers for sale or sells food or beverage products.
     (4)      'Polystyrene foam container' means a container that intended for single use and is made of expanded polystyrene foam.
     (5)      'Prepared food' means food or beverages that are prepared to be consumed on or off the premises of the establishment at which it was prepared.
     (6)      'Undue hardship' includes but is not limited to situations in which:
           (a)      there are no acceptable alternatives to packaging for reasons that are unique to the applicant; or
           (b)      compliance would deprive a person of a legally protected right.

     Section 39-77-20.      (A)      Beginning on January 1, 2019 , a food vendor in this State who serves or packages prepared food in nonbiodegradable food or beverage containers, plastic check-out bags, or polystyrene foam containers must charge one cent at the point of sale. The one cent collected must be distributed to Palmetto Pride for the purposes of litter removal.

     Section 39-77-30.      The department may grant a one-year exemption from the requirements of this chapter upon application and a showing by the applicant that compliance would cause undue hardship.

     Section 39-77-40.      If the department determines that a food vendor has violated this chapter, or any regulation adopted pursuant to this chapter, the department shall:
     (1)      for a food vendor's first violation, provide the food vendor a written notice of violation;
     (2)      for a food vendor's second violation, fine the food vendor two hundred dollars; and
     (3)      for a food vendor's third and each subsequent violation, fine the food vendor five hundred dollars.

     Section 39-77-50.      The department is authorized to adopt rules and regulations to implement the provisions of this chapter. The department shall make and distribute materials to educate the public on the hazards and environmental impact of using nonbiodegradable food and beverage containers and polystyrene foam containers prior to enforcing the provisions of this chapter."

SECTION      3.      This act takes effect upon approval by the Governor.            /

Renumber sections to conform.
Amend title to conform.