SENATE ENVIRONMENT AND ENERGY COMMITTEE

STATEMENT TO

SENATE, No. 224

with committee amendments

STATE OF NEW JERSEY

DATED:  MAY 13, 2024

      The Senate Environment and Energy Committee reports favorably and with committee amendments Senate Bill No. 224.

      This bill would make the sale, import, or distribution of any product or packaging that makes a deceptive or misleading claim about the recyclability of the product or packaging a violation of P.L.1960, c.39 (C.56:8-1 et seq.), commonly known as the consumer fraud act.

      Specifically, the bill would prohibit the sale, offering for sale, import, and distribution of products that use the "chasing arrows" recycling symbol (the well-known symbol that depicts a triangle composed of three arrows), unless the product is determined by the Department of Environmental Protection (DEP) to be recyclable in the State through material characterization study carried out and updated pursuant to the bill.  The bill would establish certain exceptions for this prohibition, as enumerated in subsections c. and d. of section 1 of the bill, including for products that are manufactured up to 18 months after the DEP carries out or updates the material characterization study.  As provided by section 1 of P.L.1966, c.39 (C.56:8-13),  an unlawful practice under the consumer fraud act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense.  In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages and the awarding of treble damages and costs to the injured.

      The bill would direct the DEP to conduct a material characterization study of material types and forms that are collected, sorted, sold, or transferred by recycling centers and solid waste facilities in the State.  The study would be required to identify the products and forms of packaging that are deemed to be recyclable in the State and therefore permitted to display the chasing arrows symbol pursuant to section 1 of the bill.  The first study would be required to be conducted by January 1, 2027, the second study by January 1, 2030, and subsequent studies every five years after 2030.  The bill would also require the DEP to hold a public meeting on its findings prior the final publication of each study.  The bill would establish certain requirements regarding the DEP's identification of recyclable products, as enumerated in subsections b. through d. of section 2 of the bill.  In particular, the bill would require that products and packaging that are (1) collected by curbside recycling programs that collectively account for 60 percent of the State's population, and (2) sorted into defined streams for recycling processes by transfer stations, materials recovery facilities, or recycling centers that collectively serve at least 60 percent of recycling programs Statewide would be deemed recyclable by the DEP.  The bill would also explicitly exclude certain products – such as those that contain hazardous chemicals or perfluoroalkyl or polyfluoroalkyl substances (PFAS) – from being deemed recyclable by the DEP.  In addition, the bill would direct the DEP to deem certain other products recyclable, as described in subsection d. of section 2 of the bill, including certain products that are widely recycled through non-curbside collection programs.

      The bill would also authorize the DEP to adopt rules and regulations that would require the operators of recycling centers in the State to provide certain information each year to the DEP, in order to assist with its material characterization study.

      Finally, the bill would amend existing law, which requires the using of the chasing arrows symbol on certain plastic bottles and containers sold in the State, in order to make it consistent with the bill's provisions.

      This bill was prefiled for introduction in the 2024-2025 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.

COMMITTEE AMENDMENTS:

      The committee amendments to the bill would:

      (1)  clarify that the provisions of the bill would not impose any liability on news media that accepts or publishes advertising for any product that may fall within the scope of the bill; and

      (2)  delay certain timelines for the implementation of the bill, in order to reflect the time elapsed since the bill's initial introduction in the 2020-21 legislative session.