SENATE ENVIRONMENT AND ENERGY COMMITTEE

STATEMENT TO

SENATE, No. 3135

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. 3135.

      This bill would require the producers of plastic packaging and certain other plastic products sold in the State to reduce the amount, by weight, of their packaging or products sold annually.  The bill would also restrict additional substances under the "Toxic Packaging Reduction Act," P.L.1991, c.520 (C.13:1E-99.44 et seq.).

      Specifically, the source reduction component of the bill would apply to (1) plastic packaging, (2) single-use plastic products that are collected in the municipal solid waste stream, and (3) plastic products that have the effect of disrupting recycling processes, including, but not limited to, single-use plastic items such as straws, utensils, cups, plates, and plastic bags.  The definition of "covered material" in section 1 of the bill would exclude various types of products, including those regulated under certain federal laws.  Under the bill, producers of the products described above (including producers of products that are packaged in plastic packaging) would be required to decrease the amount of the packaging or products that are sold annually, by weight, such that, after two years, the quantity sold is 90 percent of the baseline amount, after four years, the quantity sold is 80 percent of the baseline amount, after six years, the quantity sold is 70 percent of the baseline amount, after eight years, the quantity sold is 60 percent of the baseline amount, and, after 10 years, the quantity sold is 50 percent of the baseline amount.

      The bill would also prohibit the sale of cardboard packaging materials (including products sold in cardboard packaging materials) unless the cardboard contains at least 75 percent postconsumer recycled content and is recycled at a rate of at least 75 percent.  Producers who violate these requirements would be liable to civil and civil administrative penalties of up to $10,000 per day of noncompliance.

      The bill would also amend the "Toxic Packaging Reduction Act" to prohibit the sale of packaging (and products that are packaged in packaging) that contains certain substances, including toxic metals, per- and polyfluoroalkyl substances (PFAS), and vinyl chloride.  Under current law, only packaging that contains lead, mercury, cadmium, or hexavalent chromium is restricted under the "Toxic Packaging Reduction Act."  Persons who violate the provisions of the "Toxic Packaging Reduction Act" are liable to civil penalties and civil administrative penalties of up to $7,500 per day of noncompliance, for a first offense.

      Finally, the bill would also establish a Toxic Packaging Task Force, composed of the DEP commissioner or a designee and four members of the public, appointed by the DEP commission and the presiding officers of the Legislature.  The task force would be charged with recommending additional chemicals to regulate under the "Toxic Packaging Reduction Act."  Under the bill, the DEP would be required to adopt rules and regulations to regulate a chemical no later than one year after the task force's recommendation.

COMMITTEE AMENDMENTS:

      The committee amendments would:

      (1) exempt packaging used for bulk construction materials shipments from the provisions of sections 1 through 4 of the bill;

      (2) exempt newspaper bags from the bill's provisions, for the first five years after the bill's enactment; and

      (3) exempt products regulated as a drug, medical device, or dietary supplement by the United States Food and Drug Administration, and their packaging, from the new restrictions added by the bill to the "Toxic Packaging Reduction Act."