Bill Text: NJ A1444 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires producers of packaging products sold in New Jersey to adopt and implement packaging product stewardship plans.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-01-11 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A1444 Detail]
Download: New_Jersey-2022-A1444-Introduced.html
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblyman JAMES J. KENNEDY
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Requires producers of packaging products sold in New Jersey to adopt and implement packaging product stewardship plans.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act requiring producers of packaging products sold in New Jersey to adopt and implement packaging product stewardship plans, and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Packaging Product Stewardship Act."
2. As used in this act:
"Commissioner" means the Commissioner of Environmental Protection.
"Department" means the Department of Environmental Protection.
"Environmentally sound management practices" means policies or procedures for the collection, storage, transportation, reuse, and recycling or disposal of discarded packaging products, which policies or procedures are established by the department and implemented by a producer or a group of producers to: ensure compliance with all applicable federal, State, and local laws, rules, regulations, and ordinances; protect human health and the environment; and address such matters as adequate recordkeeping and accurate tracking and documentation of the collection, transportation, reuse, and recycling or disposal of discarded packaging products within the State.
"Packaging product" means any product or material that is designed and used for the containment, protection, handling, delivery, or presentation of another product, including, but not limited to, a food or beverage item, and that is sold, offered for sale, imported, or distributed in the State. "Packaging product" includes: primary packaging that constitutes a sales unit at the point of purchase; secondary packaging that is used to group other products for multiunit sale or is intended to brand or display another product; tertiary packaging that is used either for the transportation and distribution of another product directly to the consumer or for the protection of the product during transport; service packaging, including carry-out bags, bulk goods bags, take-out bags, home delivery food service packaging, and prescription bottles, which are designed and intended to be filled at the point of sale; beverage containers; ancillary elements that are attached to another product and that serve a packaging function; and any other product, whether constituted of paper, plastic, glass, metal, a mixture thereof, or any other material, which serves a packaging function.
"Packaging product stewardship plan" or "stewardship plan" means the plan that is developed by an individual producer or a group of producers, pursuant to section 3 of this act, and which provides for the environmentally sound life-cycle management, by participating producers, of packaging products that are sold, offered for sale, imported, or distributed by such producers in this State.
"Participating producer" means a producer who, acting either individually or as part of a group of producers, is participating in the development or implementation of a packaging product stewardship plan pursuant to this act.
"Producer" means the manufacturer of a packaging product who sells, offers for sale, or distributes the product in the State under the person's own name or brand; the owner or licensee of a trademark under which a packaging product is sold, offered for sale, or distributed in this State, whether or not the trademark is registered in this State; any person who sells, offers for sale, or distributes a packaging product in the State; and any person who imports a packaging product for use by a commercial enterprise that sells, offers for sale, or distributes packaging products in this State. "Producer" does not include a municipality or other local government unit.
"Recycling" means any process by which materials or products that would otherwise become solid waste are collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products. "Recycling" does not include energy recovery or energy generation resulting from combustion or incineration processes.
"Reuse" means the return of a packaging product back into the economic stream for use in the same kind of application intended for the original packaging product, without effectuating a change in the original composition or identity of the product or the components thereof.
"Sell" or "sale" means any transfer of title for consideration, including, but not limited to, remote sales transactions conducted through sales outlets, catalogs, or the Internet, or through any other similar means.
3. a. Not more than 180 days after the date of enactment of this act, each producer in the State shall, either individually or as part of a collective group of producers, develop a packaging product stewardship plan, in consultation with the department, and submit the plan to the commissioner for approval. The purposes of the stewardship plan shall be to:
(1) ensure that participating producers remain responsible for managing and facilitating the collection, transportation, reuse, and recycling or disposal of all discarded packaging products in the State, in accordance with environmentally sound management practices;
(2) encourage participating producers to increase the post-consumer content in packaging products and reduce the amount of waste generated from discarded packaging products;
(3) prioritize and promote the reuse and recycling of discarded packaging products; and
(4) otherwise minimize public sector involvement in the life-cycle management of packaging waste.
b. To the extent practicable, a packaging product stewardship plan adopted pursuant to this section shall utilize existing solid waste collection and recycling infrastructure in the State.
c. A stewardship plan adopted pursuant to this section shall:
(1) identify, and provide contact information for, each producer participating in the plan;
(2) include a comprehensive list of the packaging products that are covered by the plan, including, as applicable, the brand names of any such packaging products;
(3) identify the means, methods, processes, procedures, systems, and strategies that will be used by participating producers to: (a) reduce, through product design modifications and program innovation, the amount of material that is used for each packaging product and the amount of waste resulting from use of each packaging product; (b) facilitate and promote the prompt and efficient collection of discarded packaging products throughout the State in a manner that is as, or more, convenient for consumers than the other collection programs available prior to the implementation of the packaging product stewardship plan; (c) transport discarded packaging products to authorized storage and recycling facilities; and (d) facilitate the reuse of discarded packaging products for alternate second-life purposes, the processing and recycling of discarded packaging products that cannot be reused for alternate second-life purposes, and the proper end-of-life disposal, in accordance with environmentally sound management practices, of discarded packaging products that cannot be reused or recycled;
(4) identify performance goals for a minimum post-consumer recycled material content rate and a minimum recycling rate for packaging products, and describe how such goals will be met or exceeded over time. The performance goals established under this paragraph shall provide, at a minimum, for: (a) all single-use packaging products to be composed of at least 75 percent post-consumer content by January 1, 2027; (b) all single-use packaging products to be readily recyclable or compostable by January 1, 2030; and (c) all single-use plastic packaging to be reduced to the maximum extent practicable, or by at least 25 percent, by January 1, 2030;
(5) describe the ways in which existing municipal solid waste collection and recycling infrastructure will be used to implement the stewardship plan, as provided by subsection b. of this section, or, if existing infrastructure will not be used, provide an explanation as to why it is necessary to establish separate infrastructure, as well as a description of how the separate infrastructure system will function, and an indication of the date by which the separate infrastructure system is expected to commence operations;
(6) describe the ways in which the participating producers will work with existing waste haulers, storage and recycling facilities, and counties and municipalities throughout the State to effectuate the collection, transportation, reuse, and recycling or disposal of packaging products, in accordance with environmentally sound management practices, and identify the name and address of all authorized recyclers that will be directly utilized pursuant to the plan;
(7) certify that participating producers will use open, competitive, and fair procurement practices when directly entering into contractual agreements with municipalities and other service providers pursuant to the stewardship plan;
(8) describe the means and methods, developed in accordance with the provisions of subsection d. of this section, that will be used by participating producers to finance the collection, transportation, reuse, and recycling or other environmentally sound disposal of discarded packaging products under the stewardship plan;
(9) identify the process that was used, during the development of the stewardship plan, to receive, consider, and implement the comments of various stakeholders, as well as the nature of stakeholder comments received during the plan development period, and describe the extent to which the stakeholders' comments were incorporated into the stewardship plan;
(10) describe the means and methods that will be used by participating producers to facilitate public outreach, education, and communication with respect to the stewardship plan, in accordance with the provisions of section 5 of this act;
(11) describe how the stewardship plan will be administered, and identify the staff members who will be responsible for ensuring proper administration of the plan; and
(12) include any other information required by the commissioner.
d. A packaging product stewardship plan shall provide for the costs associated with the collection, transportation, reuse, and recycling or disposal of discarded packaging products to be borne by those producers who are participating in the plan. The department and participating producers shall jointly develop a financing system to ensure the provision of prompt payment by participating producers to counties and municipalities, recycling and other solid waste collection and disposal facilities, and other appropriate entities that provide services pursuant to the stewardship plan. The financing system developed under this subsection shall be evaluated by an independent financial auditor, as designated by the department, to ensure that the system is sufficient to cover all of the costs associated with implementation of the stewardship plan.
4. a. Not more than 120 days after receipt of a completed packaging product stewardship plan, submitted pursuant to section 3 of this act, the commissioner shall approve, conditionally approve, or disapprove the plan and provide written notice of the determination to the participating producers. If the commissioner does not provide written notice of the determination made pursuant to this section within the timeframe specified by this subsection, the plan shall be deemed to have been approved, and the participating producers shall proceed to implement the plan as provided by paragraph (1) of subsection c. of this section. In making a determination pursuant to this section, the commissioner may solicit information from the representatives of recycling facilities and other stakeholders, as the commissioner deems appropriate.
b. A stewardship plan shall not be approved, pursuant to this section, unless the commissioner determines that:
(1) the participating producers have engaged in satisfactory consultation with stakeholders in the development of the plan;
(2) the plan adequately addresses all of the elements described in subsection c. of section 3 of this act in sufficient detail to demonstrate that the objectives of the plan will be met; and
(3) the plan contains an adequate financing mechanism, developed in consultation with the department pursuant to subsection d. of section 3 of this act, and verified by an independent financial auditor.
c. (1) If a packaging product stewardship plan is approved pursuant to this section, participating producers shall implement the approved plan within 90 days after receipt of the commissioner's written notice or after the expiration of the 120-day timeframe established by subsection a. of this section, as the case may be, or within another timeframe agreed to by the commissioner.
(2) If a packaging product stewardship plan is conditionally approved pursuant to this section, the commissioner's written notice shall specify the conditions that are to be satisfied in order for the plan to be deemed approved pursuant to this act. The participating producers shall implement the conditionally approved plan, in accordance with the conditions specified in the notice, either within 90 days after receipt of the commissioner's notice or within another timeframe agreed to by the commissioner.
(3) If a packaging product stewardship plan is disapproved pursuant to this section, the commissioner's written notice shall be accompanied by a detailed statement describing the reasons for disapproval. Not more than 30 days after receipt of the commissioner's notice and accompanying statement of the reasons for disapproval, the participating producers shall submit a revised packaging product stewardship plan to the commissioner, who shall approve, conditionally approve, or disapprove of the revised plan in accordance with the provisions of subsection a. of this section.
d. Not more than 90 days after approving a packaging product stewardship plan pursuant to this section, or any revisions thereto, the commissioner shall post the plan at a publicly accessible location on the department's Internet website, together with a list of the producers participating in the plan and a list of the packaging products covered thereunder.
e. (1) A stewardship plan approved pursuant to this section shall be reviewed and updated by the participating manufacturers, and reapproved by the commissioner, at least once every five years, in accordance with the procedures specified in this section.
(2) Notwithstanding the provisions of paragraph (1) of this subsection to the contrary, the commissioner may, at any time, review a previously approved packaging product stewardship plan to determine whether the plan is being implemented in accordance with this act. If the commissioner, at any time, finds that the approved plan, as implemented, is deficient, the commissioner may order the participating producers to incorporate modifications to the plan or to the implementation thereof, as may be necessary to ensure that the plan, as implemented, fully complies with the provisions of this act.
f. The commissioner may assess a reasonable fee to participating producers to cover the costs that are incurred by the department in association with the review, implementation, and enforcement of the producers' packaging product stewardship plans pursuant to this act.
5. a. Producers participating in an approved packaging product stewardship plan shall conduct public outreach and provide consumers with educational and informational materials, in a form and manner prescribed by the department, related to the packaging product stewardship plan and the services provided thereunder. Participating producers shall also respond to questions, and address concerns, that are directly raised by consumers in association with the implementation of the stewardship plan.
b. The outreach conducted, and the educational and informational materials provided, under this subsection shall:
(1) provide information on the proper end-of-life management of discarded packaging products, including the end-of-life recycling and other environmentally sound disposal options that are available under the stewardship plan, as well as the location and availability of curbside and drop-off collection opportunities;
(2) provide instructions to enable consumers to carry out the recycling or composting of discarded packaging products, which instructions shall be easily accessible, easy to understand, and, to the extent practicable, applicable on a Statewide basis, taking into account the differences among local laws and processing capabilities;
(3) describe the environmental impact associated with the improper disposal of packaging products, and encourage consumers to avoid the littering of discarded packaging products;
(4) notify consumers that participating producers will be responsible for covering the costs of implementing the stewardship plan; and
(5) provide consumers with any other information required by the department.
c. The public outreach and education program, established pursuant to subsection a. of this section, shall:
(1) utilize all available forms of media, including, but not limited to, television, radio, print media, signage, the Internet, and social media, to provide information directly to consumers in the State;
(2) be coordinated with the various municipalities in the State and incorporate electronic, print, web-based, and social media elements that individual municipalities may elect to use, at their discretion, to provide education directly to their residents;
(3) to the extent deemed necessary and appropriate, provide for participating producers to affix, to their packaging products, a label that contains information necessary to help consumers responsibly manage and recycle the packaging products at the end of their useful life; and
(4) to the extent practicable, be coordinated with other similar public outreach and education programs in the State, as necessary to avoid consumer confusion and facilitate the consolidated use of available resources.
d. In addition to engaging in public outreach and education, as required by subsection a. of this section, the producers participating in an approved packaging product stewardship plan shall be authorized to provide retailers with educational and informational materials related to the stewardship plan, the services provided thereunder, and the role of retailers in facilitating the successful implementation of the plan. The educational and informational materials provided to a retailer under this subsection may include, but need not be limited to, printed materials, signage, templates of materials that can be reproduced by retailers and provided thereby to consumers at the time of a product's purchase, and advertising materials that promote consumer participation in the packaging product stewardship plan.
6. a. Commencing 18 months after the effective date of this act, a producer shall not sell, offer for sale, distribute, or import for sale or distribution in the State, any packaging products unless the producer is participating in the implementation of, or has fully implemented, a packaging product stewardship plan approved by the commissioner pursuant to section 4 of this act.
b. In addition to the penalties provided by section 8 of this act, if a producer violates the terms and conditions of an approved packaging product stewardship plan in which the producer is participating, the commissioner may order the producer to stop selling, offering for sale, distributing, or importing for sale or distribution, any packaging products in the State.
7. a. Not more than one year after an approved packaging product stewardship plan is implemented pursuant to subsection c. of section 4 of this act, and annually thereafter, the producers participating in the plan shall collectively submit a written report to the department evaluating the implementation of the plan. Each annual report shall include, but need not be limited to, the following information:
(1) a list of the producers participating in the plan and the packaging products covered under the plan;
(2) a description of the methods used to collect, transport, reuse, and recycle or dispose of discarded packaging products under the stewardship plan, in accordance with environmentally sound management practices;
(3) the total volume of discarded packaging products collected under the stewardship plan;
(4) the volume of collected packaging products that have been disposed under the stewardship plan, by method of disposition, including reuse, recycling, and disposal in accordance with environmentally sound management practices;
(5) the total cost of implementing the stewardship plan, as determined by an independent financial audit, including separate figures for the costs of collection, transportation, reuse, recycling, disposal, outreach, and any other activities that involved the expenditure of funds under the stewardship plan; and
(6) samples of the educational materials that have been provided, to consumers and retailers pursuant to section 5 of this act, together with an evaluation of the methods used to disseminate those materials and an assessment of the effectiveness of those materials, including associated levels of waste prevention and reuse or recycling that have been evidenced since outreach efforts were commenced pursuant to section 5 of this act;
(7) an evaluation of the effectiveness of the stewardship plan and any steps necessary to improve the plan's effectiveness; and
(8) any other information required by the commissioner.
b. Within 90 days after receipt of each annual report submitted pursuant to this section, the commissioner shall:
(1) review the report;
(2) post the report on the department's Internet website; and
(3) prepare, and post on the department's Internet website, a summary report describing the progress that is being made under the stewardship plan and any corrective action ordered by the commissioner pursuant to this act.
c. The department shall not disclose any financial, production, or sales data reported by a producer pursuant to this section, except that the department may disclose such data in aggregate or summary format, provided that the producers and their financial, production, or sales data are not specifically identified, and provided that the summary omits any reference to unique characteristics from which the identities of individual producers might be inferred or otherwise ascertained.
8. a. Whenever the commissioner finds that a person has violated any provision of this act, any rule or regulation adopted pursuant thereto, or any provision of a stewardship plan approved thereunder, or has knowingly made a false statement, representation, or certification in any application, record, plan, or other document filed or required to be maintained pursuant to this act, the commissioner may:
(1) issue an order, in accordance with subsection b. of this section, requiring the violator to comply with the provisions of this act, the rules or regulations adopted pursuant thereto, or the stewardship plan approved thereunder, as the case may be;
(2) bring a civil action in accordance with subsection c. of this section;
(3) levy a civil administrative penalty in accordance with subsection d. of this section; or
(4) bring an action for a civil penalty in accordance with subsection e. of this section.
Pursuit of any of the remedies specified under this section shall not preclude the seeking of any other remedy specified.
b. Whenever the commissioner finds that a person has violated this act, any rule or regulation adopted pursuant thereto, or any provision of a stewardship plan approved thereunder, the commissioner may issue an administrative enforcement order to the person: specifying the provision or provisions that the person has violated; citing the action that constituted the violation; requiring the person's compliance with the provision violated; and giving notice of the person's right to a hearing on the matters contained in the administrative enforcement order. The person subject to the order shall have 20 calendar days from receipt of the order within which to deliver to the commissioner a written request for a hearing. After the hearing, and upon finding that a violation has occurred, the commissioner may issue a final order. If no hearing is requested, the order shall become final after the expiration of the 20-day period. A request for hearing shall not automatically stay the effect of the order.
c. The commissioner shall be authorized to institute a civil action in Superior Court for appropriate relief from any violation of the provisions of this act, or of any rule or regulation adopted pursuant thereto, or of a stewardship plan approved thereunder. Such relief may include, singly or in combination:
(1) a temporary or permanent injunction;
(2) recovery of the reasonable costs of any investigation or inspection that led to the discovery of the violation, and for the recovery of the reasonable costs of preparing and bringing a civil action commenced under this subsection;
(3) recovery of reasonable costs incurred by the State in removing, correcting, or terminating the adverse effects resulting from the violation for which a civil action has been commenced and brought under this subsection;
(4) recovery of compensatory damages caused by a violation for which a civil action has been commenced and brought under this subsection. Assessments under this subsection shall be paid to the State Treasurer, except that compensatory damages may be paid by specific order of the court to any persons who have been aggrieved by the violation.
d. (1) The commissioner shall be authorized to assess a civil administrative penalty of not less than $5,000 nor more than $10,000 for each violation, provided that each day during which the violation continues shall constitute an additional, separate, and distinct offense. In assessing a civil administrative penalty, the commissioner shall consider the severity of the violation, the measures taken to prevent further violations, and whether the penalty will act as an appropriate deterrent.
(2) Prior to the assessment of a civil administrative penalty under this subsection, the person committing the violation shall be notified by certified mail or personal service that the penalty is being assessed. The notice shall identify the section of the statute, rule, regulation, or order, or the provision of the stewardship plan, that was violated; recite the facts alleged to constitute a violation; state the basis for the amount of the civil administrative penalties to be assessed; and affirm the rights of the alleged violator to a hearing. The ordered party shall have 35 days from receipt of the notice within which to deliver to the commissioner a written request for a hearing. After the hearing and upon finding that a violation has occurred, the commissioner may issue a final order after assessing the amount of the fine specified in the notice. If no hearing is requested, the notice shall become a final order after the expiration of the 35-day period. Payment of the assessment is due when a final order is issued or the notice becomes a final order.
(3) The authority to levy an administrative order is in addition to all other enforcement provisions in this act, and the payment of any assessment shall not be deemed to affect the availability of any other enforcement provisions in connection with the violation for which the assessment is levied. The department may compromise any civil administrative penalty assessed under this section in an amount and with conditions the department determines appropriate.
e. A person who violates any provision of this act, or any rule or regulation adopted pursuant thereto, or the provisions of a stewardship plan approved thereunder, or an administrative order issued pursuant to subsection b. of this section, or a court order issued pursuant to subsection c. of this section, or who fails to pay a civil administrative penalty in full pursuant to subsection d. of this section, or who knowingly makes any false or misleading statement on any application, record, report, or other document required to be submitted to the department, shall be subject, upon order of a court, to a civil penalty not to exceed $10,000 per day of the violation, and each day during which the violation continues shall constitute an additional, separate, and distinct offense. Any civil penalty imposed pursuant to this subsection may be collected with costs in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), or may be collected in a civil action commenced by the commissioner. In addition to any penalties, costs, or interest charges, the Superior Court, or the municipal court as the case may be, may assess against the violator the amount of economic benefit accruing to the violator from the violation.
f. All penalties collected by the department pursuant to this act shall be appropriated and allocated annually for the continued administration and enforcement of this act.
9. a. Except as provided in subsection b. of this section, an action undertaken by a producer or group of producers, which affects the types or quantities of packaging products being recycled or the cost or structure of any collection or recycling program, shall not be deemed to constitute a violation of any State law relating to antitrust, restraint of trade, unfair trade practices, or the regulation of trade or commerce, so long as the action is necessary to plan for or implement the organized collection or recycling of packaging products pursuant to this act.
b. Subsection a. of this section shall not apply to:
(1) any agreement establishing or affecting the price of a product; or
(2) any agreement restricting the output or production of a product or the geographic area or customers to which a product will be sold.
10. The Commissioner of Environmental Protection shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of this act.
11. This act shall take effect immediately.
STATEMENT
This bill requires every producer of packaging products sold in the State, either individually or as a part of a group of producers, to develop and implement a packaging product stewardship plan, in consultation with the Department of Environmental Protection (department). The bill defines "producer" to mean: the manufacturer of a packaging product who sells, offers for sale, or distributes the product in the State under the person's own name or brand; the owner or licensee of a trademark under which a packaging product is sold, offered for sale, or distributed in this State, whether or not the trademark is registered in this State; any person who sells, offers for sale, or distributes a packaging product in the State; and any person who imports a packaging product for use by a commercial enterprise that sells, offers for sale, or distributes packaging products in this State. The term would not include a municipality or other local government unit. The bill further defines "packaging product" to mean any product or material that is designed and used for the containment, protection, handling, delivery, or presentation of another product, including, but not limited to, a food or beverage item, that is sold, offered for sale, imported, or distributed in the State. The term expressly includes: primary, secondary, and tertiary packaging; service packaging, including carry-out bags, bulk goods bags, take-out bags, home delivery food service packaging, and prescription bottles, which are designed and intended to be filled at the point of sale; beverage containers; ancillary elements that are attached to another product and that serve a packaging function; and any other product, whether constituted of paper, plastic, glass, metal, a mixture thereof, or any other material, which serves a packaging function.
The purpose of a stewardship plan is to: 1) ensure that participating producers remain responsible for managing and facilitating the collection, transportation, reuse, and recycling or disposal of all discarded packaging products in the State, in accordance with environmentally sound management practices; 2) encourage participating producers to increase the post-consumer content in packaging products and reduce the amount of waste generated from discarded packaging products; 3) prioritize and promote the reuse and recycling of discarded packaging products; and 4) otherwise minimize public sector involvement in the life-cycle management of packaging waste.
To the extent practicable, a packaging product stewardship plan is to provide for the use of existing solid waste collection and recycling infrastructure in the State. The stewardship plan is also to provide for all of the costs associated with the collection, transportation, reuse, and recycling or disposal of discarded packaging products to be borne by participating producers. The bill requires the department and participating producers to jointly develop a method to ensure the provision of prompt payment to counties and municipalities, recycling and other solid waste collection and disposal facilities, and other appropriate entities that provide services pursuant to the plan.
Each packaging product stewardship plan that is adopted pursuant to the bill is to identify, and provide contact information for, each producer participating in the plan, and is to also include a comprehensive list of the packaging products that are covered by the plan. Each plan is additionally required to:
1) identify the means, methods, processes, procedures, systems, and strategies that will be used by participating producers to: a) reduce, through product design modifications and program innovation, the amount of material used for each packaging product and the amount of waste resulting from use of each packaging product; b) facilitate and promote the prompt and efficient collection of discarded packaging products throughout the State in a manner that is as, or more, convenient for consumers than the other collection programs available prior to the implementation of the packaging product stewardship plan; c) transport discarded packaging products to authorized storage and recycling facilities; and d) facilitate the reuse of discarded packaging products for alternate second-life purposes, the processing and recycling of used packaging products that cannot be reused for alternate second-life purposes, and the proper end-of-life disposal, in accordance with environmentally sound management practices, of discarded packaging products that cannot be reused or recycled;
2) identify performance goals for a minimum post-consumer recycled material content rate and a minimum recycling rate for packaging products, and describe how such goals will be met or exceeded;
3) describe the ways in which existing municipal solid waste collection and recycling infrastructure will be used to implement the stewardship plan or, if existing infrastructure will not be used, provide an explanation as to why it is necessary to establish a separate infrastructure, as well as a description of how the separate infrastructure system will function, and an indication of the date by which the separate infrastructure system is expected to be placed into operation;
4) describe the ways in which the producer or stewardship organization will work with existing waste haulers, recyclers, and counties and municipalities throughout the State to effectuate the collection, transportation, reuse, recycling, and other disposal of packaging products, in accordance with environmentally sound management practices, and identify the name and location of all authorized recyclers that will be directly utilized pursuant to the plan;
5) certify that the participating producers will use open, competitive, and fair procurement practices when directly entering into contractual agreements with municipalities and other service providers, pursuant to the stewardship plan;
6) describe the means and methods that will be used by participating producers to finance the collection, transportation, reuse, and recycling or other environmentally sound disposal of discarded packaging products under the stewardship plan;
7) identify the process that was used, during the development of the stewardship plan, to receive, consider, and implement the comments of various stakeholders, as well as the nature of stakeholder comments received during the plan development period, and describe the extent to which the stakeholders' comments were incorporated into the stewardship plan;
8) describe the means and methods that will be used by participating producers to facilitate public outreach, education, and communication with respect to the stewardship plan, in accordance with the bill's provisions;
9) describe how the stewardship plan will be administered, and identify the staff members who will be responsible for ensuring proper administration of the plan; and
10) include any other information the commissioner deems appropriate.
The performance goals established in a stewardship plan are to provide, at a minimum, for all single-use packaging products to be composed of at least 75 percent post-consumer content by January 1, 2027; all single-use packaging products to be readily recyclable or compostable by January 1, 2030; and all single-use plastic packaging to be reduced to the maximum extent practicable, or by at least 25 percent, by January 1, 2030.
A stewardship plan adopted pursuant to the bill may not be implemented without the prior approval of the Commissioner of Environmental Protection (commissioner). Not more than 120 days after the commissioner receives a completed packaging product stewardship plan, the commissioner will be required to approve, conditionally approve, or disapprove the plan and provide written notice of the determination to the participating manufacturers. If the commissioner does not provide written notice of such determination within this 120-day timeframe, the plan will be deemed to have been approved.
If the plan is approved, participating producers will be required to implement the plan within 90 days after receipt of the commissioner's notice or the expiration of the 120-day timeframe set for the determination, as the case may be, or within another timeframe agreed to by the commissioner. If the plan is conditionally approved, the commissioner's written notice is to specify the conditions that are to be satisfied in order for the plan to be deemed approved and implemented under the bill, and the participating producers will be required to implement the conditionally approved plan, in accordance with the conditions stated in the notice, either within 90 days after receipt of the commissioner's notice or within another timeframe agreed to by the commissioner. If the plan is disapproved, the commissioner's written notice is to be accompanied by a detailed statement describing the reasons for disapproval. Not more than 30 days after receipt of the notice of disapproval, the participating producers will be required to submit a revised plan to the commissioner, who will be required to approve, conditionally approve, or disapprove of the revised plan in accordance with the bill's provisions.
Within 90 days after approving a packaging product stewardship plan, or any revisions thereto, the department will be required to post the plan on the department's Internet website, together with a list identifying the producers participating in the plan and the packaging products covered thereunder.
The bill requires a packaging product stewardship plan to be reviewed and updated by the participating manufacturers, and resubmitted to the department, at least once every five years. However, the bill also authorizes the commissioner, at any time, to review a previously approved stewardship plan and order modifications to the plan in order to ensure that it is being implemented in accordance with the bill's provisions.
Producers implementing a packaging product stewardship plan will be required to engage in public outreach, to address public questions and concerns, and to provide consumers with educational and informational materials related to the stewardship plan and the services that are available thereunder. Participating producers will also be authorized to provide educational and informational materials to retailers regarding the implementation of the stewardship plan.
Eighteen months after the bill's effective date, a producer will be prohibited from selling, offering for sale, importing, or distributing any packaging product in the State unless the producer is engaged in the implementation of, or has fully implemented, a packaging product stewardship plan in accordance with the bill. The bill further provides that, if a producer violates the terms and conditions of an approved packaging product stewardship plan in which the producer is participating, the commissioner may order the producer to stop selling, offering for sale, distributing, or importing for sale or distribution, any packaging products in the State. The bill also establishes various civil and administrative penalties for persons who violate the provisions of the bill, any rules or regulations adopted pursuant thereto, any stewardship plan approved thereunder, or any order issued by the commissioner in enforcing the bill.
Producers participating in an approved stewardship plan will be required to submit an annual report to the department describing the actions being undertaken by participating producers pursuant to the plan, and evaluating the plan's costs and effectiveness. The commissioner will be required to post each annual report on the department's Internet website, and will be further required to prepare, and post on the department's Internet website, a summary report describing the progress that is being made under each stewardship plan, as well as any corrective action that has been ordered by the commissioner under the bill.
The bill specifies that any actions undertaken by producers under the bill will not be deemed to constitute a violation of any State law relating to antitrust, restraint of trade, unfair trade practices, or the regulation of trade or commerce, so long as the action is necessary to plan for or implement the organized collection or recycling of packaging products pursuant to the bill's provisions. However, this exemption from liability will not apply to any agreement that establishes or affects the price of a product or that restricts the output or production of a product or the geographic area or customers to which a product will be sold.
