Bill Text: NJ S224 | 2024-2025 | Regular Session | Amended
Bill Title: Prohibits sale, distribution, and import of certain products marketed as recyclable, unless DEP determines that products are widely recycled.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-09-30 - Senate Amendment (31-0) (Smith) [S224 Detail]
Download: New_Jersey-2024-S224-Amended.html
[Second Reprint]
SENATE, No. 224
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator BOB SMITH
District 17 (Middlesex and Somerset)
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Prohibits sale, distribution, and import of certain products marketed as recyclable, unless DEP determines that products are widely recycled.
CURRENT VERSION OF TEXT
As amended by the Senate on September 30, 2024.
An Act concerning the recyclability of certain products, supplementing P.L.1960, c.39 (C.56:8-1 et seq.) and P.L.1987, c.102 (C.13:1E-99.11 et seq.), and amending P.L.1989, c.268 2and P.L.1981, c.2782 .
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any person to offer for sale, sell, distribute, or import into the State any product or packaging for which a deceptive or misleading claim about the recyclability of the product or packaging is made.
b. Except as provided in subsection c. of this section, a product or packaging that displays a chasing arrows symbol, a chasing arrows symbol surrounding a resin identification code, or any other symbol or statement indicating the product or packaging is recyclable, or otherwise directing the consumer to recycle the product or packaging, shall be considered a deceptive or misleading claim pursuant to this section, unless the product or packaging is considered recyclable in the State pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) and is of a material type and form that routinely becomes feedstock used in the production of new products or packaging.
(1) If a product or packaging has multiple material types, a chasing arrows symbol or statement indicating recyclability may be displayed on its external packaging if the external packaging is considered to be recyclable in the State pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), and if the chasing arrows symbol or statement makes clear, in the same or greater font size or symbol size, which other components of the product or packaging are not recyclable.
(2) Displaying a chasing arrows symbol or any other statement indicating recyclability on packaging containing a consumable product shall, for the purposes of this section, be deemed to refer only to the packaging.
c. The provisions of this section shall not apply to:
(1) any product or packaging that is manufactured up to 18 months after the date the Department of Environmental Protection publishes the first material characterization study required pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), or before January 1, 1[2024] 20271 , whichever is later;
(2) any product or packaging manufactured up to 18 months after the date the Department of Environmental Protection updates the material characterization study pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), if the product or packaging satisfied or, for a new product or packaging, would have satisfied, the requirements to be considered recyclable in the State before the publication of the updated study;
(3) the use of a chasing arrows symbol in combination with a clearly visible line placed at a 45-degree angle over the chasing arrows symbol to convey that an item is not recyclable;
(4) any product or packaging that is required by any federal or State law, rule, or regulation to display a chasing arrows symbol, including, but not limited to, Section 103(b)(1) of the federal Mercury-Containing and Rechargeable Battery Management Act (42 U.S.C. Sec. 14322(b)(1));
(5) text or symbols that direct a consumer to compost or properly dispose of any product or packaging through an organics recycling program; or
(6) the use of a resin identification code placed inside a solid equilateral triangle.
d. 1Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to impose liability on any news media that accepts or publishes advertising for any product that may fall within the scope of P.L. , c. (C. ) (pending before the Legislature as this bill).
e.1 For the purposes of this section:
"Consumable product" means a commodity that is intended to be used and not disposed of.
"Chasing arrows symbol" means an equilateral triangle, formed by three arrows curved at their midpoints, depicting a clockwise path, with a short gap separating the apex of each arrow from the base of the adjacent arrow. "Chasing arrows symbol" also includes variants of that symbol that are likely to be interpreted by a consumer as an implication of recyclability, including, but not limited to, one or more arrows arranged in a circular pattern or around a globe.
2. (New section) a. On or before January 1, 1[2024] 20271 , in order to provide information to the public sufficient for evaluating whether a product or packaging is recyclable in the State and is of a material type and form that routinely becomes feedstock used in the production of new products or packaging, the department shall conduct a material characterization study of material types and forms that are collected, sorted, sold, or transferred by recycling centers and solid waste facilities deemed appropriate by the department for inclusion in the study. The study shall identify the products and forms of packaging that are deemed to be recyclable in the State and permitted to display the chasing arrows symbol pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(1) The department shall update the material characterization study required pursuant to this subsection every five years, with the first update being issued by the department no later than January 1, 1[2027] 20301 .
(2) For purposes of studying a representative sample of material types and forms in the State, within 90 days after receiving a request from the department, a recycling center shall allow for periodic sampling conducted by a designated representative of the department on a mutually-agreed upon date and time. The department shall not request a periodic sampling of a recycling center if that center was sampled during the previous 24 months.
(3) For each material characterization study conducted pursuant to this subsection, the department shall publish on its Internet website the preliminary findings of the study and conduct a public hearing to present the preliminary findings and receive public comments. The hearing shall occur at least 30 days after the department publishes the preliminary findings. The department shall provide public notice of the hearing by posting the time, date, and location on its Internet website at least 30 days prior to the hearing. After receiving and considering public comments, and within 60 days after the hearing, the department shall finalize the findings of the study and publish the study on its Internet website.
(4) The department's activities pursuant to this subsection, including the department's determination of the appropriate recycling centers to include in the material characterization study, shall be exempt from the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
b. Except as provided in subsection c. of this section, a product or packaging shall be considered recyclable in the State if, based on information published by the department pursuant to subsection a. of this section, the product or packaging is of a material type and form that meets both of the following requirements:
(1) the material type and form is collected for recycling by curbside recycling programs for jurisdictions that collectively encompass at least 60 percent of the population of the State; and
(2) the material type and form is sorted into defined streams for recycling by transfer stations, materials recovery facilities, or recycling centers that collectively serve at least 60 percent of recycling programs Statewide, with the defined streams sent to and utilized at a facility that transforms the materials into usable products or feedstocks.
c. A product or packaging shall not be considered recyclable pursuant to this section, if the product or packaging:
(1) includes any components, inks, adhesives, or labels that prevent the recyclability of the packaging according to the APR Design Guide published by the Association of Plastic Recyclers;
(2) contains an intentionally added chemical that has been identified as hazardous pursuant to the "Worker and Community Right to Know Act," P.L.1983, c.315 (C.34:5A-1 et seq.);
(3) is made from plastic or fiber that contains perfluoroalkyl or polyfluoroalkyl substances that (a) a manufacturer has intentionally added to the product or packaging and that have a functional or technical effect in the product or packaging, including subcomponents and intentional breakdown products of other intentionally added chemicals, or (b) are present in a concentration at or above 100 parts per million, as measured in total organic fluorine.
d. Notwithstanding the provisions of section b. and c. of this section to the contrary:
(1) any product or packaging shall be deemed by the department to be recyclable in the State if the product or packaging has a demonstrated recycling rate of at least 75 percent, meaning that not less than 75 percent of the product or packaging sorted and aggregated in the State is reprocessed into new products or packaging;
(2) prior to January 1, 1[2030] 20331 , a product or packaging that is not collected through a curbside collection program shall be deemed by the department to be recyclable, if the non-curbside collection methods in the State recover at least 60 percent of the product or packaging used in the State and the material has sufficient commercial value to be marketed for recycling and be transported at the end of its useful life to a transfer station, materials recovery facility, or recycling center to be sorted and aggregated into defined streams by material type and form;
(3) after January 1, 1[2030] 20331 , a product or packaging that is not collected through a curbside collection program shall be deemed by the department to be recyclable, if the non-curbside collection methods in the State recover at least 75 percent of the product or packaging used in the State and the material has sufficient commercial value to be marketed for recycling and be transported at the end of its useful life to a transfer station, materials recovery facility, or recycling center to be sorted and aggregated into defined streams by material type and form; and
(4) a product or packaging shall be deemed by the department to be recyclable, if the product or packaging is part of, and in compliance with, a program established pursuant to State or federal law on or after 1[January 1, 2022] the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill)1 , governing the recyclability or disposal of that product or packaging, and if the department determines that the product or packaging will not increase contamination of curbside recycling or deceive consumers as to the recyclability of the product or packaging.
e. The department may adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to require the operator of any recycling center in the State to annually submit to the department each year (a) information about how the material collected or processed by the center was collected, and (b) what material types and forms are actively recycled, and not considered contaminants, by the center.
f. Nothing in this section shall be construed to limit the discretion of a solid waste management district under existing law to decide whether, and to what extent, a material type or form shall be accepted under a district recycling plan.
g. 2The department shall develop, maintain, and update at least every two years, a list of commonly discarded packaging and products, which distinguishes between: (1) packaging or products that are acceptable for curbside pickup in all municipalities in the State; (2) packaging or products that are not acceptable for curbside pickup in any municipality in the State; and (3) packaging or products whose eligibility for curbside pickup varies from municipality to municipality and must be checked by the consumer. The department shall contract with a State nonprofit recycling organization in order to develop and maintain the list required by this subsection. The list shall be posted on the department's Internet website. Funds appropriated to the department pursuant to paragraph (6) of subsection b. of section 5 of P.L.1981, c.278 (C.13:1E-96) shall be used to implement the provisions of this subsection.
h.2 As used in this section, "chasing arrows symbol" means the same as the term is defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
3. Section 2 of P.L.1989, c.268 (C.13:1E-99.41) is amended to read as follows:
2. a. On or after January 1, 1991, no person shall sell, offer for sale, or distribute any plastic bottle or plastic container in this State unless the bottle or container is labeled with a material code indicating the plastic resin used to produce the bottle or container. Any plastic bottle or plastic container with a label or basecup affixed thereto, the composition of which consists of a different material than the bottle or container itself, shall be coded by its basic material.
b. The material code shall consist of a uniform symbol and identification number, and an acronym comprising no more than five letters. The symbol shall consist of a [triangular-shaped configuration of three arrows with a specific number placed within the center of the symbol to indicate the composition of the material used to produce the bottle or container. The acronym shall be placed below the triangle of arrows. The triangle shall be equilateral, formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The pointer (arrowhead) of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three arrows curved at their midpoints shall depict a clockwise path around the code number] a solid equilateral triangle.
c. The material code shall consist of an identification number and acronym as follows:
(1) Polyethylene terephthalate: "1" and "PETE";
(2) High density polyethylene: "2" and "HDPE";
(3) Vinyl: "3" and "V";
(4) Low density polyethylene: "4" and "LDPE";
(5) Polypropylene: "5" and "PP";
(6) Polystyrene: "6" and "PS"; and
(7) All other plastic resins and laminates: "7" and "OTHER".
d. The commissioner shall maintain on file in the department for public inspection copies of the material code provided in subsection c. of this section. The department shall provide a copy to any person upon request.
(cf: P.L.1989, c.268, s.2)
24. Section 5 of P.L.1981, c.278 (C.13:1E-96) is amended to read as follows:
5. a. The State Recycling Fund (hereinafter referred to as the "fund") is established as a nonlapsing, revolving fund. The fund shall be administered by the Department of Environmental Protection, and shall be credited with all recycling tax revenue collected pursuant to section 4 of P.L.2007, c.311 (C.13:1E-96.5), and all interest received on moneys in the fund.
b. Moneys in the fund shall be appropriated annually solely for the following purposes and no others:
(1) Not less than 60 [%] percent of the estimated annual balance of the fund shall be used for the annual expenses of a program for direct recycling grants to municipalities or counties in those instances where a county, at its own expense, provides for the collection, processing and marketing of recyclable materials on a regional basis. The amount of a direct recycling grant shall be calculated on the basis of the total number of tons of recyclable materials annually recycled from residential, commercial and institutional sources within a particular municipality, or group of municipalities in the case of a county recycling program. No direct recycling grant shall exceed $10 per ton of recyclable materials recycled. All grant moneys received by a municipality shall be expended only for its recycling program. The department may allocate a portion of the direct recycling grant moneys as bonus grants to municipalities and counties whenever a municipality or county, at its own expense, provides for the collection of recyclable materials in its recycling program. The department shall announce each year the total amount of moneys available in the bonus grant fund.
A municipality may distribute a portion of its direct recycling grant moneys to nonprofit groups that are located within that municipality and which have contributed to the receipt of the direct recycling grant, except that this distribution shall not exceed the value of approved documented tonnage contributed by a nonprofit group.
A municipality may designate any nonprofit group as a recycling agent. A recycling agent shall receive that part of the municipality's direct recycling grant under this paragraph that represents the percentage of the grant received by the municipality due to the documented tonnage contributed by that recycling agent. Moneys received by a recycling agent shall be expended only for its recycling program. Any moneys not used for recycling shall be returned by the recycling agent to the municipality.
To be eligible for a direct recycling grant pursuant to this paragraph, a municipality or county in the case of a county recycling program shall demonstrate that the recyclable materials recycled by the municipal or county recycling program were not diverted from a commercial recycling program already in existence on the effective date of the ordinance or resolution establishing the municipal or county recycling program.
To remain eligible for a direct recycling grant pursuant to this paragraph, a municipality or county in the case of a county recycling program shall submit an annual recycling tonnage report to the department in accordance with rules and regulations adopted by the department therefor. Following the designation of a district certified recycling coordinator pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13) and the designation of a municipal certified recycling coordinator pursuant to section 6 of P.L.1987, c.102 (C.13:1E-99.16), the department shall not accept an annual recycling tonnage report from a county or municipality unless the report has been signed by a certified recycling coordinator.
No direct recycling grant to any municipality shall be used for constructing or operating any facility for the baling of wastepaper or for the shearing, baling or shredding of ferrous or nonferrous materials.
Whenever a municipality operates a municipal service system for solid waste collection pursuant to R.S.40:66-1, or provides for regular solid waste collection service under a contract awarded pursuant to the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), the amount of grant moneys received by the municipality shall not be less than the annual amount of recycling tax paid by the municipality pursuant to section 4 of P.L.2007, c.311 (C.13:1E-96.5), except that all grant moneys received by the municipality shall be expended only for its recycling program;
(2) 5 [%] percent of the estimated annual balance of the fund shall be used for State recycling program planning and program funding, including the administrative expenses thereof;
(3) 25 [%] percent of the estimated annual balance of the fund shall be used to provide State aid to counties for preparing, revising, and implementing solid waste management plans, including the implementation of the goals of the State Recycling Plan. The moneys may also be used by the counties to support community oversight projects and to establish a citizens' advisory committee. A county receiving State aid shall not expend more than 2 [%] percent of the amount of aid received in any year for the costs of administering the aid. The State aid shall be distributed to the counties on the basis of the total amount of solid waste generated from within each county during the previous calendar year as determined by the department. In the event that the department determines that any county has failed to fulfill its district solid waste management planning responsibilities, the department may withhold for an entire year or until the county fulfills its responsibilities, all or a portion of the amount of moneys that county would have received in any year pursuant to this paragraph. Any moneys withheld for an entire year shall be distributed among the remaining counties in the same proportion as the other moneys were distributed. The moneys may also be used by the counties for household hazardous waste collection, and for recycling program planning and program funding, including the administrative expenses thereof;
(4) 5 [%] percent of the estimated annual balance of the fund shall be used by counties for public information and education programs concerning recycling activities; [and]
(5) Not more than [5%] 3 percent of the estimated annual balance of the fund shall be used by the department to provide grants to institutions of higher education for recycling demonstration, research or education, including professional training ; and
(6) Not more than 2 percent
of the estimated annual balance of the fund shall be appropriated to the
department and made available on July 1 of every year to the organization under
contract with the department pursuant to subsection g. of section 2 of
P.L. , c.
(C. ) (pending
before the Legislature as this bill) for the purposes of that subsection and to
conduct an annual Statewide public information and education program to promote
recycling, waste reduction, and responsible solid waste handling behavior. At
least 75 percent of the allocation shall be used to develop and finance the annual
Statewide public information and education program, which may utilize television,
radio, social media, print, and other advertising outlets to reach the general
public. The organization under contract with the department shall, no later
than the date on which the contract concludes, submit a report to the Governor,
and to the Legislature pursuant to section 2 of P.L.1991,
c.164 (C.52:14-19.1), concerning its activities during the contract period
and any recommendations concerning improving the program.2
(cf: P.L.2008, c.6, s.3)
2[4.] 5.2 This act shall take effect immediately.
