EnviroPolitics Blog

Multiple changes ahead for NJ recycled content bill

The image by Marco Verch is licensed under CC BY 2.0

By E.A. Crunden , WasteDive

New Jersey’s recycled content bill, SB 2515, will be overhauled after an extensive meeting between lawmakers and the state’s Department of Environmental Protection (DEP). Backers now aim to introduce a substitute bill by the next state Senate Energy and Environment Committee meeting in December, likely moving final action into 2021.

Sen. Bob Smith, committee chair and primary bill sponsor, said during a Monday hearing the new legislation will be “much more towards the California model than the way we started.” It would establish a 25% recycled content standards for rigid plastic containers (previously 35%) and a 15% standard for plastic beverage containers (previously 10%). Starting one year after the bill’s effective date, those levels would increase by 5% every three years until capping at 50%.

Support for recycled content minimums is rising in the waste industry and an initial version of the bill drew support from players like the Institute of Scrap Recycling Industries. Association of New Jersey Recyclers (ANJR) Executive Director Marie Kruzan said she expected the substitute bill will address some pushback around issues like timeline and collection limitations.

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Momentum around minimum recycled content standards is accelerating at the state level, with increasing support from the waste and recycling industry.

Last month, California Gov. Gavin Newsom signed AB 793 into law, making the state the first to enact recycled content minimums for plastic beverage containers. That law requires 50% recycled content by 2030 for relevant plastic containers, while preemptively barring similar local ordinances. This came after prior attempts were vetoed in California and Washington.

At the time of the California law’s passage, supporters said they would like to see similar efforts in Northeastern states, including New Jersey. But reception to Sen. Smith’s initial bill has been mixed, according to reporting by Plastics News. Environmental groups and recycling organizations are largely supportive of the legislation, but players in the manufacturing and packaging industries have said it would put an outsized burden on their sectors.

During the hearing, Smith said the new substitute proposal would account for some of the feedback offered by industry stakeholders and DEP officials. The new version includes 28 amendments, although recycled content standards for glass containers, paper carryout bags, plastic film bags, and plastic trash bags would be unchanged, and polystyrene loose fill packaging would still be prohibited. The state legislature recently passed a related ban on some of these items.

While the new bill’s text is not yet available, Smith listed a number of alterations including a mechanism through which DEP can adjust the recycled content standards through regulation. The new bill will also include a narrower set of exemptions from the standards for rigid plastic containers. Moreover, waivers would apply only for manufacturers able to submit documentation from a recognized, certified third-party expert or from a relevant agency.

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NJ top court addresses consumer protection vs. consumer fraud claims

By Gibbons attorneys Caroline E. Oks and Yolanda L. Bromfield

In a recent decision answering a question certified to it by the Third Circuit, the New Jersey Supreme Court held that claims brought under New Jersey’s Consumer Fraud Act (CFA) may be brought in the same action as claims brought pursuant to the Products Liability Act (PLA), provided each claim is based on distinct conduct.

In Sun Chemical Corporation v. Fike Corporation and Suppression Systems, Inc., the Court explained that it is the nature of the actions—not the resulting damages—that determines when claims may be brought under either the CFA or the PLA. The Court clarified that CFA claims may be brought in instances where a party alleges “express misrepresentations — deceptive, fraudulent, misleading, and other unconscionable commercial practices,” while PLA claims are reserved for claims based upon “product manufacturing, warning, or design defects.”

The claims in Sun Chemical arose out of the plaintiff’s purchase of an explosion isolation and suppression system from the defendant to be used to “prevent and contain potential explosions” in the plaintiff’s new dust collection system. Plaintiff’s federal court complaint alleged that on the first day it used the suppression system, a fire broke out in the dust collection system and while the alarm in the suppression system was activated, it was inaudible. Plaintiff alleged that, as a result, several employees were injured and Sun’s facility sustained extensive damage. Plaintiff alleged that the defendant violated the CFA by having “made oral and written misrepresentations about four aspects of the suppression system: (1) the suppression system would prevent explosions; (2) the suppression system would have an audible alarm; (3) the suppression system complied with industry standards; and (4) the system had never failed.”

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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

(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.

“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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