From the April - June 2022 Jersey Sierran
By Sylvia Kay, Zero Waste Coordinator
After multiple revisions, New Jersey’s recycled content bill (S2515/A4647) was signed into law by Gov. Phil Murphy on January 17, 2022. It won by a nice margin in both houses: 48 to 26 in the Assembly and 22 to 15 in the Senate. The bill had been vigorously edited and amended over the past year to accommodate many opposing sides and to circumscribe many complex factors.
The recycling content law is a big win and puts New Jersey in one of the leading positions for recycled content legislation.
In brief, the law regulates the percentage of postconsumer recycled content (PCR) in rigid plastic containers, plastic carryout bags, plastic garbage bags, glass containers, and paper carryout bags (Table). It bans the sale of polystyrene packing material (such as peanuts). It takes effect in phases that commence in 2024 and gives oversight, with potential waivers, to the Department of Environmental Protection.
Key points debated over the year include the regulation of milk and food containers, as well as specific percentages of PCR. In the final version, milk packaging is exempt, as are packaging for infant formula, medical products, many dietary products, and identified hazardous products. In the final version, rigid food containers (not bottles) are exempt for five years.
Of greatest importance, the recycling content law will reduce reliance on virgin materials and decrease our dependency on fossil fuels for plastic production, particularly single-use plastics. This new law will expand the market for recycled materials and promote a circular economy. It will assign specific responsibilities to industry for repurposing postconsumer materials.
There are a number of states tackling the complexities of PCR legislation. The laws in two states, California and Washington, have specific metrics for recycled content as well as phased-in periods with escalations. New Jersey’s recycled content law resembles the legislation in these states due to its detailing of PCR rates and target dates. The law is a robust piece of legislation and thanks should be given to the strong leadership in the Senate and Assembly and to their dedicated staff members, to Gov. Murphy, and to a strong and dedicated coalition of environmental groups for this truly big win.
For Related Reading
News release from Beyond Plastics
Summary of bill
Article on similar progress in other states