Daniel J. Munoz reports for NJBIZ
April 15, 2019 5:00 am

One year ago a statewide ban on plastic bags seemed all but certain. A Democrat — Gov. Phil Murphy — took the helm of New Jersey for the first time in eight years. And with Democrats also holding solid majorities in both the Assembly and state Senate, the sky was the limit for environmental activists.

But 15 months later momentum on those efforts has flagged, with the proposed plastic bag ban — Senate Bill 2776 — stalling in the state Legislature. New York beat New Jersey to the punch as the first East Coast state to enact a ban on plastic bags; California and Hawaii are the only other states with prohibitions in place.

“To some degree, the New York ban was a thunder clap from above. New York’s ban is clearly a shot in the arm for the New Jersey legislature’s effort to ban single-use plastics,” said Doug O’Malley, executive director of Environment New Jersey. “Suddenly New Jersey won’t be the guinea pig on the East Coast for banning single-use plastics.”

Lawmakers originally sent Murphy a bill enacting a five cent fee on plastic bags, which the governor vetoed in August. Environmentalists praised the move, worried that if the bill was enacted the state would end up counting on the revenue from the fees, and the bill would fail to reduce plastics-usage.

“Instituting a five-cent fee on single-use bags that only applies to certain retailers does not go far enough to address the problems created by overreliance on plastic bags and other single-use carryout bags,” Murphy said in a veto statement.

But Murphy agreed that the state was not leading the way on the issue. “We are lagging behind, and I hope we can get something together,” Murphy said at an unrelated event in Neptune City on April 8. “I wouldn’t comment specifically on what we should be doing, but we’ve got to do something.”

Opponents of the ban, mainly business groups and chemical manufacturers, cite increased costs along with the threat of job losses and are seeking exceptions for specific uses. Supporters cite the benefits of reducing litter on the state’s streets and beaches — something they say is already evident in towns that have enacted their own bans. In fact, while the legislature debates the parameters of a statewide prohibition, municipalities — especially along the shore — have taken the lead, creating a patchwork of ordinances around New Jersey.

Exemptions and exceptions

S2776 calls for a ban on any plastic bags and straws, as well as polystyrene or Styrofoam containers. The bill would also impose a 10-cent fee on paper bags, half of which goes back to the business and the rest toward a newly created Plastic Pollution Prevention Fund, run by the New Jersey Department of Environmental Protection.

The Senate Energy and Environment Committee approved the measure in a 4-1 vote at a Sept. 27 hearing, following several hours of testimony by business groups and environmental activists.

“It’s a huge environmental problem,” Senate Environment Chair Bob Smith, D-17th District and the bill’s sponsor, said of plastics pollution as he opened the hearing.

“It may be as big as a problem as the global warming problem on the planet. Serious stuff,” Smith added. “It requires New Jersey citizens to change their lifestyle … When you go get your groceries, you’re going to be bringing your reusable bags.”

Certain businesses could be exempt from the Styrofoam ban if they generate less than $500,000 in gross income annually and lack a “commercially available” alternative, or if “there is no feasible and commercial alternative” for any polystyrene food service product.

Business advocates such as Christine Buteas, chief government affairs officer at the New Jersey Business and Industry Association, argued that shops handling meat, deli products, poultry and seafood should be eligible for a permanent exemption, rather than the year-long waivers called for in the legislation.

Reusable bags can be made of plastic and as such not subject to the ban, as long as they measure at least 10 millimeters in thickness.

A full plate

Proponents of the ban point out that in the six months since Smith’s committee approval of the plastic bag legislation, lawmakers have confronted myriad legislative issues. Those include the attempted legalization of recreational marijuana, a $15 statewide minimum wage, reformation of New Jersey’s tax breaks and Murphy’s planned replacement of economic incentives and the 2020 budget.

“Everyone agrees that we have to do something with our plastic problem, and the question is what is the most effective way of doing it?” said Assemblywoman Nancy Pinkin, D-18th District and the sponsor of the lower house version, Assembly Bill 4330. That measure was assigned to the Assembly Environment and Solid Waste Committee, which she chairs.

“The senator is working with the senate president and the administration on the measure. We’re hoping to move the bill shortly,” Smith’s chief of staff, Cristine Mosier, told NJBIZ.

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