New York plastic bag enforcement kicks in

Plastic bag ban enforcement takes effect in New York

The plastic bag ban, which went into effect on March 1, was not immediately enforced due to COVID-19-related health concerns and a lawsuit aimed at reversing the legislation.

By Adam Redling, Waste Today

The New York State Department of Environmental Conservation (DEC) began enforcement of the state’s ban on single-use plastic carryout bags on Oct. 19. The plastic bag ban, which went into effect on March 1, was not immediately enforced due to COVID-19-related health concerns as well as an agreement between parties in a lawsuit brought by Poly-Pak Industries Inc., et al, in New York State Supreme Court that was aimed at reversing the ban; however, the court issued a decision on Aug. 20 upholding the law.

According to the DEC, “All plastic carryout bags (other than an exempt bag) became banned from distribution by anyone required to collect New York state sales tax. For sales that are tax exempt, plastic carryout bags are still not allowed to be distributed by anyone required to collect New York state sales tax (unless it is an exempt bag). The law affects anyone required to collect New York State sales tax, bag manufacturers and consumers.”

If a business distributes any non-exempt plastic carryout bags to its customers, DEC may take enforcement action against them. Violators will receive a warning notice for the first infraction.

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Assembly Agriculture Committee meeting Thursday in Trenton

The New Jersey Assembly Agriculture Committee will meet remotely on Thursday, October 22, 2020 at 9:30 AM.

Due to the public health emergency, the State House Annex remains closed to visitors. The public may not attend the Committee meeting in person but may view and participate in the meeting via the New Jersey Legislature home page at https: / / www.njleg.state.nj.us / .

The following bills will be considered:

A2768 / S1245 (Houghtaling / Murphy / Dancer / Gopal / Cruz-Perez) – Establishes housing of equine-related farm employees in facilities with horses under certain conditions as “Right to Farm” permissible activity; requires State Agriculture Development Committee agricultural management practice that permits such housing.

A4233 (Houghtaling) – Increases penalty for certain acts of trespass and vandalism on agricultural and horticultural lands.

A4717 / *S92 (Houghtaling / Bateman / Greenstein) – Authorizes issuance of Protect Pollinators license plates. (S92 is pending referral)

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Who gets power restored first is topic of bill moving in Trenton

Shutterstock photo
(TRENTON) – In order to ensure power is restored in a timely manner to essential healthcare facilities, six Assembly Democrats sponsor legislation that would require the Board of Public Utilities (BPU) to adopt rules and regulations to prioritize power restoration during extended outages. The legislation was advanced by the Assembly Homeland Security and State Preparedness Committee on Monday.

Under the bill (A1226) the BPU would have to create regulations that require electric public utility providers to prioritize power restoration to hospitals, nursing homes, assisted living facilities, renal dialysis facilities and any clinical or research laboratories / institutes that store human blood, tissue or DNA in the event of an extensive outage.

The legislation specifies, however, that utilities must be able to exercise their discretion to make sure the prioritization of these facilities would not divert attention from areas needing power restoration in order to maintain public safety.

Bill requiring better storm prep and response from electric utilities is approved in New Jersey Assembly

Upon the bill’s passage, sponsors Gary Schaer (D-Bergen, Passaic), Angelica Jimenez (D-Bergen, Hudson), Benjie Wimberly (D-Bergen, Passaic), Raj Mukherji (D-Hudson), Daniel Benson (D-Mercer, Middlesex) and Annette Quijano (D-Union) issued the following joint statement:

“Severe weather events disrupt millions of lives, leaving thousands of homes and businesses in the dark. Already this year, Tropical Storm Isaias knocked out power to more than 1.4 million buildings, as residents waited up to a week for their power to be restored.

“When these storms sweep through our State, we must have a plan in place to protect the vulnerable and prioritize the locations with the most urgent needs. Hospitals and long-term care facilities rely on electricity for life-saving equipment, while power loss in laboratories could jeopardize valuable specimens used in the development of life-saving treatments.

“Requiring utility companies to prioritize these locations will help to protect the people of New Jersey whenever severe weather occurs.”

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Bill requiring better storm prep and response from electric utilities is approved in New Jersey Assembly


(TRENTON)– To more efficiently handle power outages in the state when they occur, Assembly Homeland Security Committee approved legislation sponsored by Assembly members Daniel Benson, Nancy Pinkin and Carol Murphy to require the Board of Public Utilities (BPU) to establish a set of standards for emergency preparation and restoration of service after an outage that every investor-owned electric public utility in the State must follow.

Related: Who gets power restored first is topic of bill moving in Trenton

“New Jersey has seen severe power outages after a storm lasting days and, sometimes, weeks at a time for some parts of the state,” said Assemblyman Benson (D-Mercer, Middlesex). “One plan for all utilities to follow is necessary. This way residents know exactly what they can expect from their utility company when a power outage happens.”

 “Tropical Storm Isaias brought rain, flooding, wind gusts comparable to that of Superstorm Sandy,” said Assemblywoman Pinkin (D-Middlesex). ‘It also left many in the region without power and the utilities scrambling to handle the emergency and help restore power. There should be a set of standards all utilities must adhere to in the event of a power outage.”

The bill (A2454) would also require every utility to file an emergency response plan with BPU. This plan would serve as an official plan of action for each utility in the event of a major power outage and must include:

* the identification of management staff responsible for utility operations during an emergency;

* an explanation of the utility’s system of communication with customers during an emergency that extends beyond normal business hours and business conditions;

* a history of contacts with customers that document a need of essential electricity for medical reasons;

* designation of utility staff to communicate with local officials and relevant regulatory agencies;

* provisions regarding how the utility will assure the safety of its employees and contractors; procedures for deploying utility and mutual aid crews to work assignment areas; and

* identification of supplies and equipment anticipated to be needed by the utility during an emergency and the means of obtaining additional supplies and equipment.

“There was a lot of confusion amongst residents during the last big storm event, Isaias,” said Assemblywoman Murphy (D-Burlington). “Utilities may have plans in place; however, we must make sure they are all on the same page and working efficiently toward ending a power outage.”

The bill will now go to the Assembly Speaker for further consideration.

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Solvay removes toxic chemical but is its substitute equally harmful?

By Jon Hurdle, NJ Spotlight

Solvay Specialty Polymers said it is using unnamed “process aids” at its West Deptford facility as a substitute for PFNA.

A South Jersey company has been using an unregulated replacement for a toxic chemical at its Gloucester County plant but denied that it is responsible for polluting water, air and soil with a related chemical the company had been using.

Solvay Specialty Polymers said it is using unnamed “process aids” at its West Deptford facility as a substitute for PFNA (perfluorononanoic acid), a type of PFAS chemical that has been linked to cancer and other serious illnesses, and was found at very high levels in a public water well at nearby Paulsboro in 2013.

“Solvay uses these process aids as an alternative to a PFNA-containing material, which was phased out at West Deptford in 2010,” it said in a statement late Friday.

PFNA, which has been used in a variety of consumer products including nonstick cookware, is one of thousands of so-called forever chemicals that don’t break down in the environment, and so persist for years after their manufacture or use has ended. In 2018, New Jersey finalized one of the nation’s strictest health limits on the chemical in drinking water.

Chemical companies are developing replacements for some PFAS chemicals — formally known as per- and polyfluoroalkyl substances — that are increasingly subjected to strict health limits in drinking water, as set by states including New Jersey. Some scientists and regulators fear the new chemicals may be just as toxic as those they replace, but little is known about them and they are not subject to regulation.

Some advocates for stricter limits on the chemicals compare regulating them one by one to playing ‘whack-a-mole’ because replacements are found as soon as health limits are set on so-called legacy chemicals. Some argue it would make more sense to set health limits for the entire class.

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How long will it take to tally the votes in Pennsylvania?

From BILLYPENN

Pennsylvania voters have requested more than 2.7 million mail ballots so far, per this open source tracker.

That’s nearly half as many total votes as 2016.

Since counting these can’t begin till the morning of Nov. 3, we’re not going to know an immediate result. But Secretary of the Commonwealth Boockvar said last week she thinks it could come within a few days, WHYY reports.

With counties working overtime, she expects “an overwhelming majority of ballots” to be tallied by the Friday after Election Day.

Side note: Today is the last day to register to vote in Pennsylvania, or update your registration if you moved or changed your name. Do that here

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