LEGISLATIVE FISCAL ESTIMATE

SENATE, No. 3815

STATE OF NEW JERSEY

221st LEGISLATURE

 

DATED: AUGUST 6, 2025

 

 

SUMMARY

 

Synopsis:

Directs DEP to select consultant to perform Statewide needs assessment regarding recycling of packaging products; establishes “Statewide Recycling Needs Assessment Advisory Council” in DEP; appropriates $500,000.

Type of Impact:

Time-limited State expenditure increase.

Agencies Affected:

Department of Environmental Protection.

 

Fiscal Impact

Through July 1, 2027

State Expenditure Increase

Up to $500,000

 

·       The Office of Legislative Services (OLS) concludes that this bill would result in a State expenditure increase of up to $500,000.  This reflects costs for the Department of Environmental Protection to contract with a consultant to conduct a Statewide needs assessment to evaluate recycling, composting, and reuse conditions for packaging in the State and for the operations and staffing of the Statewide Recycling Needs Assessment Advisory Council. 

·       If the full $500,000 appropriation is not expended in the first year, the residual amount will be spent in subsequent fiscal years until the full $500,000 is exhausted.  The advisory council is to be dissolved 30 days after the final needs assessment is submitted to the Governor and the Legislature, so no costs are expected beyond July 1, 2027.

 

BILL DESCRIPTION

 

      This bill directs the Department of Environmental Protection to select a qualified consultant, though a competitive bidding process, to conduct a Statewide needs assessment to evaluate recycling, composting, and reuse conditions for packaging in the State.  

      The bill establishes various requirements for what would be included in the needs assessment, such as an evaluation of the capacity, costs, gaps, and needs associated with recycling and packaging diversion in the State.  The assessment is to consider the capital investments required to achieve optimal recycling rate goals by 2035 for each material type, including investments into existing and future reuse, recycling, and composting infrastructure for packaging.

      The needs assessment could include a study period of, at minimum, one calendar year, with a clearly defined scope of work.  In the event that the needs assessment lasts longer than one year, the consultant hired would present data to the department annually.

      The bill requires the consultant to provide a draft needs assessment to the Statewide Recycling Needs Assessment Advisory Council established by the bill no later than December 31, 2026.  The advisory council is required to provide written comments to the consultant no later than 90 days after receipt of the draft needs assessment, to be addressed by the consultant before submission of the final assessment to the department by May 1, 2027.  No later than June 1, 2027, the department shall submit the report to the Governor and the Legislature.  The advisory council would be dissolved within 30 days after the submission of this report.

      The advisory council would be responsible for providing guidance on the scope of work required for the needs assessment, assisting in the provision of data required to complete the needs assessment, reviewing and commenting on the needs assessment, reviewing packaging legislation and reduction implementation enacted in other states, evaluating and making recommendations on how to effectively establish and implement a packaging producer responsibility program, and preparing and submitting a report of findings and recommendations.  The advisory council would meet at least quarterly, and would receive staff and administrative support from the Department of Environmental Protection.  Members would not receive compensation but would be entitled to reimbursement for necessary expenses incurred in the performance of their duties.  

      The bill appropriates $500,000 to the department to carry out the provisions of the bill.

 

 

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

      None received.

 

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS concludes that this bill would result in a State expenditure increase of up to $500,000.  This reflects costs for the Department of Environmental Protection to contract with a consultant to conduct a Statewide needs assessment to evaluate recycling, composting, and reuse conditions for packaging in the State and for the operations and staffing of the Statewide Recycling Needs Assessment Advisory Council.  If the full $500,000 appropriation is not expended in the first year, the residual amount will be spent in subsequent fiscal years until the full $500,000 is exhausted.  The advisory council is to be dissolved 30 days after the final needs assessment is submitted to the Governor and the Legislature, so no costs are expected beyond July 1, 2027.

      Similar legislation, Washington House bill 5058 of 2024-2025, was estimated by the Washington Department of Ecology to require up to one additional full-time staff equivalent over the subsequent three years to oversee the development of a statewide recycling needs assessment, with $300,000 to $500,000 in contracting costs.  The bill would also involve development of a recycling advisory committee and a "Truth in Labeling" task force, as well as a statewide list of recycled materials suitable for curbside collection and drop-off collection.

 

Section:

Environment, Agriculture, Energy, and Natural Resources

Analyst:

Anna Heckler

Assistant Fiscal Analyst

Approved:

Thomas Koenig

Legislative Budget and Finance Officer

 

This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.

 

This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).