Gov. Youngkin’s budget amendment delays ban on foam

Governor Glenn Youngkin unveiled his amendments to the Virginia biennium budget late Monday night. Included in his amendments is a significant delay on the phase out of polystyrene foam cups and take out containers.

The original, bipartisan ban from Delegate Betsy Carr was set to go into effect in 2023. This start date was delayed during the 2022 legislature through budget language approved by Gov Youngkin. Last year, legislators voted to move forward the start date to July 2025. Despite continued bipartisan support for this law, Gov. Glenn Youngkin once again is attempting to amend the dates in the budget. His amendment (#143) significantly delays the phase out to 2028 for large chains and 2030 for smaller establishments.

While Gov. Youngkin has used the budget making process to take aim at this law; no legislator in Virginia has introduced a bill to repeal or delay the phase out.

In 2021, Virginia became the sixth state to pass a ban on single use foam cups and take out containers. Several other states have since passed similar bans that have already gone into effect. Single use foam or expanded polystyrene (EPS) foam is particularly harmful to the environment and one of Virginia’s most commonly collected littered items.

Elly Boehmer Wilson, director of Environment Virginia, issued the following statement:

We are disappointed in Gov. Glenn Youngkin’s decision to disregard the General Assembly’s effort to phase out harmful single use foam. Virginia legislators have confirmed their support multiple times for this popular, bipartisan ban.

Eliminating single use foam is supported by a bipartisan, majority of Virginians. Single use foam breaks apart easily and persists in the environment forever. Every bit of polystyrene ever made is still out there. Every day, month, or year that we wait to act, this harmful plastic is impacting our environment and harming wildlife.

Whether you are driving down a country road in rural Virginia, kayaking down the James River or walking through a city park, you have seen the impacts of plastic pollution and how much single use foam contributes to this issue.

The solution to the massive amounts of plastic waste in our environment is actually pretty simple: We need to ban or restrict the worst offenders, including polystyrene. We are calling on the Virginia General Assembly to once again confirm their support for this meaningful solution, reject the Governor’s amendment (#143) and implement this critical law in a timely manner.

REJECT AMENDMENT #143