For Immediate Release
Contact: Jeff Tittel, NJ Sierra Club, 609-558-9100
Today, Senator Smith announced a new substitute bill for S2515 (Smith). According to Senator Smith, the substitute bill will be much closer to the California model than the original bill. The new bill will establish a 25% recycled content requirement for rigid plastic containers and 15% for plastic beverage containers beginning one year after the bill goes into effect. These standards will increase by 5% every 3 years until eventually capping at 50%. Recycled content standards for glass containers, paper carryout bags, plastic film bags, and plastic trash bags would remain unchanged from the original bill. Polystyrene loose fill packaging would be prohibited. The substitute bill has not yet been released.
“We are glad to see that the substitute plastic recycling bill seems stronger than the original bill. It increases the recycled content requirements from 10% to 25% for rigid plastic containers and 15% for plastic beverage containers. They will also be increasing every few years until they reach 50%. This new bill reflects the amendments we wanted, which means that we can address our plastic problem as quickly as possible,” said Jeff Tittel, Director of the New Jersey Sierra Club. “This bill is an important first in our state. If we can’t get rid of certain plastics, we need to make sure that they’re made with recycled plastic to get it out of the waste stream. We need to reduce plastic use and be able to recycle them.”
The key changes to the substitute bill, as described by Senator Smith, include:
- The substitute bill would establish a recycled content standard for rigid plastic containers. It would start at 25% for rigid plastic containers and 15% for plastic beverage containers beginning 1 year after bill effective date and then increase by 5% every 3 years, evenutally capping at 50%.
- Recycled content standards for glass containers, paper carryout bags, plastic film bags, and plastic trash bags would remain unchanged from the original bill. Polystyrene loose fill packaging would be prohibited.
- Manufacturers would be authorized to comply with recycled content requirement by averaging out the amount of recycled content of all their products in NJ
- The substitute bill won’t include the provision stating that manufacturers may comply with rigid plastic requirements by utilizing plastic recycled 35%. DEP wouldn’t be required to calculate recycled rate.
- The bill would include a mechanism for DEP to adjust content standards through regulation.
- The substitute bill will include set of exemptions for rigid plastic containers.
- Senator Smith noted that his staff and DEP will continue to evaluate whether food packaging and biodegradable will be exempted.
- Waivers apply only where documentation submitted from third party expert or federal agency showing why vessel can’t comply.
- Manufacturers would be required to certify compliance to DEP annually. Manufacturers would also be required to certify if they are exempt from waiver and submit proof to DEP.
- All manufacturers covered by the bill would be required to register with DEP and pay annual registration fee, which would help cover audit and enforcement costs for DEP.
- Under the bill, DEP would have the authority to audit any manufacturer to ensure compliance with bill.
- DEP would also be authorized to adopt rules to implement the bill.
“This bill is an important step in the right direction. These changes have made this bill more comprehensive and effective. This recycled content legislation is now consistent with the statewide ban on single-use plastics that we hope the Governor signs into law soon. The legislation will make sure that plastic containers that aren’t covered by the plastic ban bill have a recycled content requirement. It also bans polystyrene loose fill packaging and pellets, which is critical because polystyrene is dangerous to human health,” said Jeff Tittel, Director of the New Jersey Sierra Club. “In addition to this legislation, we believe that we need a bottle bill as well as a bill on recycled content. We need this legislation to be part of a comprehensive package of bills to combat our plastic problem effectively.”