LEGISLATIVE FISCAL ESTIMATE
[First Reprint]
SENATE COMMITTEE SUBSTITUTE FOR
SENATE, No. 1281
STATE OF NEW JERSEY
222nd LEGISLATURE
DATED: JULY 1, 2026
SUMMARY
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Synopsis: |
Prohibits sale, manufacture, and distribution of certain apparel and diaper products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances. |
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Type of Impact: |
Annual State expenditure and revenue increases. |
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Agencies Affected: |
Department of Law and Public Safety. |
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Office of Legislative Services Estimate |
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Annual Fiscal Impact |
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State Expenditure Increase |
Indeterminate |
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State Revenue Increase |
Indeterminate |
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· The Office of Legislative Services (OLS) determines that the bill would result in indeterminate annual State expenditure and revenue increases, as the bill would create an additional prohibition under existing law enforceable by the Division of Consumer Affairs in the Department of Law and Public Safety.
· The OLS finds the State expenditure increase would result from the division’s enforcement activities under the bill.
· The OLS anticipates an increase in State revenues from monetary penalties imposed by the division for violations of the Protecting Against Forever Chemicals Act. However, the OLS has no information on which to base an estimate of the number and magnitude of future penalty assessments and payments and thus cannot project the amount the State will collect.
BILL DESCRIPTION
The bill would prohibit, beginning two years after the bill’s effective date, the sale, manufacture, and distribution of apparel and diapers containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) within the State.
A violator of the bill’s provisions would be assessed either or both of the following monetary penalties under the Protecting Against Forever Chemicals Act, P.L.2025, c.202: 1) a civil administrative penalty of between $1,000 and $20,000 for each violation, provided that each day of a continuous violation is an additional, separate and distinct offense; or 2) a civil penalty of up to $25,000 per day of a violation with each day of a continuous violation constituting an additional, separate, and distinct offense.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS determines that the bill would result in indeterminate annual State expenditure and revenue increases, as the bill would create an additional prohibition under existing law enforceable by the Division of Consumer Affairs in the Department of Law and Public Safety.
State Expenditure Increase: The OLS anticipates the division will incur ongoing costs for enforcement activities to the extent there are violations of the bill’s provisions.
State Revenue Increase: The bill establishes that a violation of the bill’s provisions would trigger the following existing penalties under the Protecting Against Forever Chemicals Act:
1) a civil administrative penalty of between $1,000 and $20,000 for each violation, provided that each day of a continuous violation is an additional, separate and distinct offense; or
2) a civil penalty of up to $25,000 per day of a violation with each day of a continuous violation constituting an additional, separate, and distinct offense; or
3) a combination of the listed civil administrative penalties and civil penalties.
The OLS anticipates an increase in State revenues from these monetary penalties; however, has no information on which to base an estimate of the number and magnitude of future penalty assessments and payments and thus cannot project the amount the State will collect.
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Section: |
Law and Public Safety |
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Analyst: |
Lead Fiscal Analyst |
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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.).