S3282

An Act concerning the study and promotion of microplastics filtering systems and technologies, and supplementing Title 13 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this section:

“Board” means the Board of Public Utilities.

“Commissioner” means the Commissioner of Environmental Protection.

“Department” means the Department of Environmental Protection.

“Microplastic” means a microbead or other miniscule piece of plastic waste that is less than five millimeters in length and that enters the environment due to the degradation of larger pieces of plastic, the shedding of microfibers from clothing and other textiles, or the use of abrasive cosmetics or hygiene products like cleansers, toothpastes, and exfoliators.

“System owner or operator” means a board, authority, local government unit, or other person or entity that owns or operates a water system or a wastewater system in the State.

b. Within 30 days after the effective date of this section, the Department of Environmental Protection and the Board of Public Utilities shall commence a comprehensive, collaborative study to evaluate the feasibility and benefits of using filtering systems and technologies to remove microplastics from drinking water and wastewater in the State. The study shall be completed not more than six months after the effective date of this section, and shall include an evaluation of:

(1) the short-term and long-term impacts of microplastics on human health and the environment, including, but not limited to, ocean and riparian ecosystems, aquatic and marine organisms, drinking water quality, and the food chain;

(2) the beneficial impacts to human health and the environment that are likely to result from the increased use of microplastics filtering systems and technologies in the State;

(3) the different types of filtering systems and technologies that are available, on the market, for use in removing microplastics from drinking water and wastewater, and the costs thereof;

(4) the performance capacity of each type of filtering system or technology available on the market, including, but not limited to, the capacity of each such system or technology to adequately filter microplastics from drinking water and wastewater, and the efficiency and efficacy of each such filtering system or technology in performing its stated filtering capabilities;

(5) whether, and the extent to which, each available filtering system or technology is currently being used to filter microplastics from drinking water or wastewater in this or other states, or in other countries;

(6) the feasibility and desirability of establishing a financial incentive system, or of using other available means and methods, such as public-private partnerships, financial investments, or university involvement, to encourage and incentivize the development and successful deployment of new and effective microplastics filtering systems and technologies in the State; and

(7) the factors that should be considered, and determinations that should be made, by the board and by the department, when soliciting and approving proposals for microplastics filtering projects in the State.

c. The department and board shall authorize system owners or operators in the State to engage in pilot microplastics filtering projects, with associated pilot project data to be included in the study conducted pursuant to subsection b. of this section and in the report produced pursuant to subsection e. of this section. The department shall solicit and approve applications for, and take other appropriate action to facilitate, the implementation of pilot microplastics filtering projects for these purposes.

d. In conducting the microplastics filtering study pursuant to subsection b. of this section, the department and board shall cooperatively engage in a robust stakeholder engagement process, which shall include consultation with, and the solicitation of testimony and information from:

(1) professionals, businesses, organizations, and agencies having particular experience or expertise in one or more of the following areas: (a) the operation of water supply, water treatment, or wastewater collection or treatment systems; (b) the operation of water filtering systems or technologies; (c) the proper handling or disposal of microplastics; or (d) the study or remediation of water pollution or contaminants;

(2) marine biologists, oceanographers, water quality specialists, environmental scientists, toxicologists, public health experts, and other members of appropriate scientific fields;

(3) representatives of the plastics manufacturing industry;

(4) members of the public; and

(5) other relevant and interested parties.

e. Not more than three months after the microplastics filtering study is concluded, pursuant to subsection b. of this section, the commissioner and the President of the board shall cooperatively prepare and submit a written report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, identifying the findings from the study, including any findings and relevant data associated with pilot projects undertaken pursuant to subsection c. of this section, and providing recommendations for legislative, executive, and other actions that can be taken to facilitate, encourage, and promote the increased use of microplastics filtering systems and technologies in the State. At a minimum, the report shall:

(1) include a strategic plan for the deployment and use of microplastics filtering systems and technologies by system owners or operators in the State;

(2) identify the procedures and standards that will be used in soliciting and approving proposals for microplastics filtering projects in the State; and

(3) describe the financial incentives, if any, and any other alternative means and methods, that should or will be used by the department and the board to: (a) facilitate the development and deployment of efficient and effective microplastics filtering systems and technologies throughout the State, in accordance with the strategic plan developed pursuant to paragraph (1) of this subsection; and (b) promote technological innovations in the area of microplastics water filtering.

f. Following the submission of the microplastics filtering report, pursuant to subsection e. of this section, the department and the board shall:

(1) consistent with the findings set forth in the report, engage in an ongoing, cooperative public education and awareness campaign, and take other appropriate action, in order to inform system owners or operators and members of the public about: (a) the threats to human health and the environment that are posed by microplastics; (b) the importance of filtering microplastics from drinking water and wastewater; (c) the filtering systems and technologies that are available on the market and have been deemed to be effective in removing microplastics from water; (d) the goals and primary elements of the strategic plan established pursuant to paragraph (1) of subsection e. of this section; and (e) the State and federal incentives that are available, if any, to facilitate the development, deployment, and use of new or existing microplastics filtering systems and technologies in the State;

(2) authorize, and issue permits or licenses as may be necessary to enable, the continuation of pilot projects commenced pursuant to subsection c. of this section, and the commencement of new microplastics filtering projects by system owners or operators in the State; and

(3) consistent with the recommendations contained in the report, and within the limits of funds appropriated to the department or the board for their purposes, establish incentive or other programs, as necessary to incentivize, promote, or facilitate the increased use of effective and efficient new and existing microplastics filtering systems and technologies in the State.

2. This act shall take effect immediately.

STATEMENT

This bill would require the Department of Environmental Protection (DEP) and the Board of Public Utilities (BPU) to commence, within 30 days after the bill’s effective date, and to complete, within six months after the bill’s effective date, a comprehensive, collaborative study evaluating the feasibility and benefits of using filtering systems and technologies to remove microplastics from drinking water and wastewater in the State. In conducting the study, the DEP and BPU would be required to: (1) evaluate various factors related to the use, benefits, costs, and efficacy of filtering systems and technologies; and (2) authorize the owners or operators of water systems and wastewater systems in the State to engage in pilot microplastics filtering projects, with pilot project data to be incorporated into the study and associated study report.

Not more than three months after the study is completed, the DEP commissioner and BPU President would be required to cooperatively prepare and submit a written report, to the Governor and the Legislature, identifying the findings from the study, including any findings and relevant data associated with pilot projects undertaken pursuant to the bill, and providing recommendations for legislative, executive, and other actions that can be taken to facilitate, encourage, and promote the increased use of microplastics filtering systems and technologies in the State. At a minimum, the report would be required to: (1) include a strategic plan for the deployment and use of microplastics filtering systems and technologies by system owners or operators in the State; (2) identify the procedures and standards that will be used in soliciting and approving proposals for microplastics filtering projects in the State; and (3) describe the financial incentives, if any, and any other alternative means and methods, that should or will be used by the DEP and BPU to facilitate the development and deployment of efficient and effective microplastics filtering systems and technologies throughout the State, in accordance with the strategic plan, and to promote technological innovations in the area of microplastics water filtering.

Following the submission of the microplastics filtering report, the DEP and BPU would be required to engage in an ongoing, cooperative public education and awareness campaign, consistent with the findings in the report, and take other appropriate action to inform system owners or operators and members of the public about the threats to human health and the environment that are posed by microplastics, as well as the importance of filtering microplastics from drinking water and wastewater, the filtering systems and technologies that are available on the market and have been deemed to be effective in removing microplastics from water, the goals and primary elements of the strategic plan established pursuant to the bill, and the State and federal incentives that are available, if any, to facilitate the deployment and use of new or existing microplastics filtering systems and technologies in the State. The DEP and BPU would also be required to authorize, and issue permits or licenses as may be necessary to enable, the continuation of pilot projects commenced under the bill, as well as the commencement of new microplastics filtering projects by system owners or operators in the State. Finally, the DEP and BPU would be required, consistent with the recommendations contained in the report, and within the limits of funds appropriated to each agency for its purposes, to establish incentive or other programs, as necessary to incentivize, promote, or facilitate the increased use of effective and efficient new and existing microplastics filtering systems and technologies in the State.