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Montana committee hears wide support and business concerns for 5‑year phase‑out of polystyrene foodware (HB 477)
Summary
Supporters told the House Natural Resources Committee HB 477 would reduce persistent litter and protect wildlife and public health by phasing out expanded polystyrene foodservice products over five years; opponents warned of costs, exemption administration by DEQ, and limits for small businesses. The committee took testimony and held the bill for a day for further work.
Representative Marilyn Marler introduced House Bill 477 on expanded polystyrene (commonly called Styrofoam), proposing a phased removal from most foodservice uses: in‑restaurant service prohibited in January 2028, to‑go containers prohibited in January 2029, and food‑packaging/shipping uses phased out by 2030. Marler said meat and egg containers would be exempted and the bill includes a DEQ process for narrow business exemptions.
The hearing drew a long line of proponents, including conservation and student groups, small businesses and composters. Ben Catton of the Montana Environmental Information Center said the material "doesn't biodegrade, is harmful to the environment, and creates a lot of litter," and urged the committee to pass HB 477. Peter Dudley of Montana Audubon focused on wildlife impacts, saying polystyrene can bioaccumulate and "cause blockages" and other harms to birds and fish. Several local business owners and composters, including Heidi Noyes of Eco Montana and Ryan Green of Happy Trash Can, described available compostable alternatives and growing local capacity to process those materials. Noyes told committee members her company has supplied compostable products for years and that industrial composting systems can complete breakdown in weeks under controlled conditions.
Opponents included Brad Griffin of the Montana Restaurant Association and Kerry Hegerberg of the Montana Chamber of Commerce, who warned the bill could increase costs for restaurants and small businesses, argued the market is already moving away from foam in many cases, and raised concerns about the DEQ exemption process and the bill's fiscal note. Rhonda Wiggers of NFIB shared examples of small vendors who said alternative packaging or shipping options remain unaffordable or impractical at current scale.
DEQ informational witnesses (Amy Steinmetz and Rick Thompson) answered committee questions about the environmental rehabilitation and response account and gave a snapshot of existing composting and waste‑management work; Thompson said he could provide more detail on account balances and program funding. Committee members pressed proponents and DEQ on contamination controls at composting facilities, timeframes for industrial composting (witnesses described 19–30 day ranges), and price comparisons as production scales up.
Representative Marler closed by reiterating that targeted government action has previously removed hazardous materials from commerce and argued HB 477 is a reasonable, phased step. The committee did not vote on the bill during the hearing; staff said the committee would "hold HB 477 for a day" for follow‑up and additional drafting.
Next steps: HB 477 remains under committee consideration; the transcript records the hearing and that the committee will revisit the bill.
