Bill > S2515

Introduced Session

This bill would establish recycled content requirements for plastic containers, glass containers, paper carryout bags, reusable carryout bags made of plastic film, and plastic trash bags sold or offered for sale in the State, and prohibit the sale of polystyrene loose fill packaging. Specifically, under the bill, beginning January 1, 2022, each rigid plastic container sold, offered for sale, or used in association with the sale or offer for sale of a product in the State would be required to: (1) contain at least 35 percent recycled content; or (2) be made of a plastic that is being recycled in the State at a rate of 35 percent. A rigid plastic container would be deemed to be made of a plastic that is being recycled in the State at a rate of 35 percent if: (1) rigid plastic containers, in the aggregate, are being recycled in the State at a rate of 35 percent; (2) the rigid plastic container is a specific resin type of rigid plastic container and that type of container is being recycled in the State at a rate of 35 percent; or (3) the container is a particular product-associated package and that type of product-associated package is being recycled in the State at a rate of 35 percent. The bill exempts several types of rigid plastic containers from the recycled content requirements. Each year, the Department of Environmental Protection (DEP) would determine the recycling rate for rigid plastic containers. If, for any year, the DEP determines that the recycling rate for rigid plastic containers is less than 35 percent, the DEP would also be required to: (1) determine and publish on its Internet website whether the recycling rate for rigid plastic containers made from each of the seven major resin types is 35 percent or more; and (2) prepare and submit a report to the Legislature assessing the reasons why the recycling rate is below 35 percent, including a review of the status of collection programs in the State and the State's recycling capacity for rigid plastic containers. The DEP would not enforce the recycled content requirements for rigid plastic containers in the first full calendar year after it determines, for the first time, that the recycling rate for rigid plastic containers is less than 35 percent. Under the bill, different recycled content requirements would apply to plastic beverage containers. Specifically, beginning January 1, 2022 through December 31, 2025, each plastic beverage container sold, offered for sale, or filled with a beverage sold or offered for sale in the State would be required to contain at least 10 percent recycled content. Beginning January 1, 2026 through December 31, 2030, each plastic beverage container would be required to contain at least 25 percent recycled content. On and after January 1, 2031, each plastic beverage container would be required to contain at least 50 percent recycled content. However, the recycled content requirements would not apply to refillable plastic beverage containers. Additionally, beginning January 1, 2022, each glass container sold, offered for sale, or filled with a food or beverage sold or offered for sale in the State would be required to contain at least 35 percent recycled content. However, if a manufacturer demonstrates to the satisfaction of the DEP that its use of recycled content is made up of at least 50 percent mixed-color cullet, then the manufacturer would only be required to use at least 25 percent recycled content in the manufacturing of its glass containers. Beginning January 1, 2022, each paper carryout bag sold or offered for sale in the State would be required to contain at least 40 percent recycled content. However, a paper carryout bag that holds eight pounds or less would only be required to contain at least 20 percent recycled content. Under the bill, a paper carryout bag would also be required to have printed on the bag the name of the manufacturer, the country where the bag was manufactured, and the percentage of recycled content in the bag. Under the bill, each reusable carryout bag made of plastic film that is sold or offered for sale in the State would be required to contain at least 20 percent recycled content beginning January 1, 2022, and 40 percent recycled content beginning January 1, 2025. Beginning January 1, 2022, each plastic trash bag sold or offered for sale in the State would be required to contain at least 10 percent recycled content, but this provision would not apply to bags designed and manufactured to hold, store, or transport hazardous waste or medical waste. Under the bill, a manufacturer would be permitted to apply to the department for a waiver from, or reduction in, the recycled content requirements of the bill. The department would be authorized to grant a waiver or other relief if the manufacturer demonstrates, and the department finds, that it is not technologically feasible for the manufacturer to achieve the recycled content requirements, or the manufacturer cannot achieve the requirements due to a lack of available recycled material or other anomalous market conditions. Under the bill, beginning January 1, 2022, a person would be prohibited from selling, or offering for sale in the State, polystyrene loose fill packaging, commonly known as "packing peanuts." Under the bill , each manufacturer would be required to certify, in writing, to the DEP each year that the rigid plastic containers, plastic beverage containers, glass containers, paper carryout bags, reusable carryout bags made of plastic film, or plastic trash bags sold, offered for sale, or used in association with the sale or offer for sale of a product in the State are in compliance with the requirements of the bill, or are otherwise exempt or have been approved for a waiver or other relief. Each manufacturer would be required to maintain records that demonstrate, for all rigid plastic containers, plastic beverage containers, glass containers, paper carryout bags, reusable carryout bags made of plastic film, or plastic trash bags generated or produced by the manufacturer, whether and how the manufacturer has complied with the requirements of the bill, or for what reason, if any, the manufacturer is exempt or has been approved for a waiver or other relief. A manufacturer would be required to submit its records to the DEP upon request. The DEP would also be authorized to audit or investigate any manufacturer to assess its compliance with the requirements of the bill. Any person who violates the provisions of the bill would be subject to a civil administrative penalty of not more than $10,000, and each day during which the violation continues would constitute an additional, separate, and distinct offense. The DEP would be authorized to adopt a schedule of penalties to be applied under the bill. In addition to the assessment of a civil administrative penalty, the DEP would be authorized to assess a violator for the reasonable costs of any audit, investigation, or inspection which led to the establishment of a violation. Also, the DEP would be authorized to require a manufacturer to submit a corrective action plan detailing how the manufacturer will come into compliance with the bill. The bill would establish a special, nonlapsing account in the Department of the Treasury to be known as the "Recycling Enhancement Penalty Account." The account would be credited with all penalties collected under the bill, and any interest or investment income earned from the account. Moneys in the account would be used, upon appropriation by the Legislature, for the sole purpose of supporting recycling in the State. The DEP would make recommendations each year to the Legislature on appropriate uses of moneys in the account and transmit those recommendations to the appropriate legislative committees. The bill would prohibit a municipality or county from adopting any rule, regulation, code, or ordinance regulating the recycled content of rigid plastic containers, plastic beverage containers, glass containers, paper carryout bags, reusable carryout bags made of plastic film, or plastic trash bags after the effective date of the bill. The bill would also supersede and preempt any municipal or county rule, regulation, code, or ordinance regulating the recycled content of those items.

AI Summary

Committee Categories

Linda Greenstein (D)*,  Mila Jasey (D)*,  John McKeon (D)*,  Annette Quijano (D)*,  Bob Smith (D)*,  Nia Gill (D),  Valerie Vainieri Huttle (D), 

Passed Senate (Passed Both Houses) (22-15) (on 01/10/2022)

Official Document