reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.124 - Economic benefit for municipality.

13:1E-99.124 Economic benefit for municipality.
3. a. Any municipality within which an authorized food waste recycling facility is located, pursuant to an adopted district solid waste management plan approved after the effective date of P.L.2020, c.24 (C.13:1E-99.122 et al.), shall be entitled to an economic benefit of not less than the equivalent of $0.50 per ton, to be paid and adjusted quarterly, of all food waste accepted for processing at the authorized food waste recycling facility during the 2021 calendar year and each year thereafter. The owner or operator of the authorized food waste recycling facility shall pay quarterly to the municipality the full amount due under this subsection. The municipality is authorized to anticipate this amount for the purposes of preparing its annual budget.
b. For the purposes of calculating the payments, the owner or operator of the authorized food waste recycling facility may, subject to the prior agreement of the municipality and approval of the Department of Environmental Protection, provide the municipality with any of the following benefits in consideration for the use of land within the municipality's boundaries as the location of the authorized food waste recycling facility:
(1) quarterly payments of money in lieu of taxes on the land used for the authorized food waste recycling center or other authorized facility;
(2) exemption from all fees and charges for the acceptance of food waste for composting, anaerobic or aerobic digestion, or other processing, as approved by the department, of food waste generated within the municipality's boundaries;
(3) quarterly lump sum cash payments; or
(4) any combination thereof.
L.2020, c.24, s.3.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.125 - Food Waste Recycling Market Development Council.

13:1E-99.125 Food Waste Recycling Market Development Council.
4. a. There is established in the Department of Environmental Protection a Food Waste Recycling Market Development Council, which shall consist of 12 members. The members shall include the Commissioner of Environmental Protection, the President of the Board of Public Utilities, the Commissioner of Transportation, the Secretary of Agriculture, the State Treasurer, and the Attorney General, or their designees, who shall serve ex officio; and six citizens of the State appointed by the Governor. Of the appointed members: two shall be actively engaged in the composting industry, of whom one shall be a representative of the National Waste and Recycling Association and one shall be a representative of the National Biosolids Partnership or equivalent entities; two shall be actively engaged in the recycling or solid waste collection industry, of whom one shall be a representative of the Association of New Jersey Recyclers or equivalent entities; and two shall represent the general public. The Commissioner of Environmental Protection shall appoint the chairperson and the vice-chairperson of the council from the citizen members.
b. Members of the council shall serve without compensation, but shall be reimbursed for expenses incurred in attending meetings and performing their duties to the extent funds are available therefor.
c. Within 18 months after the date of enactment of this act, the Food Waste Recycling Market Development Council shall prepare a report on the existing markets for any products and energy produced from food recycling facilities, food waste composting facilities, and anaerobic and aerobic digestion facilities that accept food waste material. The council shall investigate the feasibility of providing preferences for products or energy produced from food recycling facilities, food waste composting facilities, and anaerobic and aerobic digestion facilities in the State procurement process, including how to stimulate the use in public projects of compost or soil amendment products derived from these facilities. The council shall provide recommendations on changes needed to State laws or rules or regulations to stimulate the market for products and energy produced from food recycling facilities, food waste composting facilities, and anaerobic and aerobic digestion facilities that accept food waste material. The report shall be transmitted to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature.
L.2020, c.24, s.4.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.128 - Dispensing of single-use plastic carryout bags prohibited.

13:1E-99.128 Dispensing of single-use plastic carryout bags prohibited.
3. a. Beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.):
(1) no store or food service business shall provide or sell a single-use plastic carryout bag to a customer; and
(2) no grocery store shall provide or sell a single-use paper carryout bag to a customer.
b. A municipality or county shall not adopt any rule, regulation, code, or ordinance concerning the regulation or prohibition of single-use plastic carryout bags or single-use paper carryout bags after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.).
c. Beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), this section shall supersede and preempt any municipal or county rule, regulation, code, or ordinance concerning the regulation or prohibition of single-use plastic carryout bags or single-use paper carryout bags that was enacted prior to the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.).
d. Notwithstanding the provisions of subsection a. of this section to the contrary, beginning 24 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), no food bank or food pantry shall provide a single-use plastic carryout bag to a customer.
As used in this subsection:
"Food bank" means the same as the term is defined in section 2 of P.L.1982, c.178 (C.24:4A-2).
"Food pantry" means a nonprofit organization or government entity that distributes food to individuals in need of assistance, including, but not limited to, a soup kitchen, homeless shelter, or religious organization.
L.2020, c.117, s.3; amended 2022, c.6, s.1.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.129 - Dispensing of polystyrene form food service products prohibited.

13:1E-99.129 Dispensing of polystyrene form food service products prohibited.
4. a. Beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), no person shall sell or offer for sale in the State any polystyrene foam food service product.
b. Beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), no food service business shall provide or sell any food in a polystyrene foam food service product.
c. The following products shall be exempt from the provisions of subsections a. and b. of this section for a period of two years beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.):
(1) disposable, long-handled polystyrene foam soda spoons when required and used for thick drinks;
(2) portion cups of two ounces or less, if used for hot foods or foods requiring lids;
(3) meat and fish trays for raw or butchered meat, including poultry, or fish that is sold from a refrigerator or similar retail appliance;
(4) any food product pre-packaged by the manufacturer with a polystyrene foam food service product; and
(5) any other polystyrene foam food service product as determined necessary by the department.
d. The department may extend any exemption provided for in subsection c. of this section for additional periods not to exceed one year upon a written determination that there is no cost-effective and readily available alternative for the item. An exemption shall expire after one year unless the department extends the exemption pursuant to this subsection.
e. The department may, upon written application by a person or food service business, waive the provisions of subsection a. or b. of this section for the person or food service business for a period not to exceed one year, if:
(1) there is no feasible and commercially available alternative for a specific polystyrene foam food service product; or
(2) the person or food service business has less than $500,000 in gross annual income and there is no reasonably affordable, commercially-available alternative to the polystyrene foam food service product.
The department shall prescribe the form and manner of the application for a waiver pursuant to this subsection. The department may, upon written application, extend any waiver granted pursuant to this section for additional periods not to exceed one year.
f. A municipality or county shall not adopt any rule, regulation, code, or ordinance concerning the regulation or prohibition of polystyrene foam food service products after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.).
g. Beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), this section shall supersede and preempt any municipal or county rule, regulation, code, or ordinance concerning the regulation or prohibition of polystyrene foam food service products that was enacted prior to the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.).
L.2020, c.117, s.4.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.130 - Dispensing of single-use plastic straws.

13:1E-99.130 Dispensing of single-use plastic straws.
5. a. Beginning one year after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), a food service business shall only provide a single-use plastic straw to a customer upon the request of the customer.
b. A food service business shall maintain an adequate supply of single-use plastic straws to provide at the request of customers pursuant to subsection a. of this section.
c. Nothing in this section shall be construed to prohibit a store from selling packages of single-use plastic straws to customers, or from providing or selling a beverage pre-packaged by the manufacturer with a single-use plastic straw, including, but not limited to, a juice box.
d. Notwithstanding the provisions of subsection c. of section 6 of P.L.2020, c.117 (C.13:1E-131), the Department of Health shall enforce the provisions of this section. The Department of Health may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to effectuate the provisions of this section.
e. No later than four years after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), the Department of Health shall prepare and submit to the Plastics Advisory Council a written report evaluating the compliance of food service businesses with the requirements of this section.
f. A municipality or county shall not adopt any rule, regulation, code, or ordinance concerning the regulation or prohibition of single-use plastic straws after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.).
g. Beginning one year after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), this section shall supersede and preempt any municipal or county rule, regulation, code, or ordinance concerning the regulation or prohibition of single-use plastic straws that was enacted prior to the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.)
L.2020, c.117, s.5.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-131 - Violations, penalties.

13:1E-131 Violations, penalties.
6. a. Any person or entity that violates a provision of P.L.2020, c.117 (C.13:1E-99.126 et al.), or any rule or regulation adopted pursuant thereto, shall be subject to a warning for a first offense, up to $1,000 for a second offense, and up to $5,000 for a third or subsequent offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), or in any case before a court of competent jurisdiction wherein injunctive relief has been requested. If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense. The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with P.L.2020, c.117 (C.13:1E-99.126 et al.).
b. Any penalty collected pursuant to this section shall be remitted to the State Treasurer for deposit in the Clean Communities Program Fund established pursuant to section 5 of P.L.2002, c.128 (C.13:1E-217), except that a municipality or entity certified pursuant to the "County Environmental Health Act," P.L.1977, c.443 (C.26:3a2-21 et seq.) may retain 30 percent of any penalty it collects pursuant to subsection a. of this section.
c. The Department of Environmental Protection, a municipality, and any entity certified pursuant to the "County Environmental Health Act," P.L.1977, c.443 (C.26:3a2-21 et seq.) shall have the authority to enforce the provisions of P.L.2020, c.117 (C.13:1E-99.126 et al.). Those entities may institute a civil action for injunctive relief to enforce P.L.2020, c.117 (C.13:1E-99.126 et al.) and to prohibit and prevent a violation thereof, and the court may proceed in the action in a summary manner.
L.2020, c.117, s.6.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.133 - Program to assist businesses with compliance.

13:1E-99.133 Program to assist businesses with compliance.
8. No later than six months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.):
a. the Department of State, in consultation with the Department of Environmental Protection, shall establish a program to assist businesses in complying with the provisions of P.L.2020, c.117 (C.13:1E-99.126 et al.), including, but not limited to, developing and publishing on its Internet website guidance on compliance with the act, and establishing an online clearinghouse of vendors who provide environmentally sound alternatives to single-use plastic carryout bags, single-use paper carryout bags, polystyrene foam food service products, and single-use plastic straws; and
b. the organization under contract with the Department of Environmental Protection pursuant to section 6 of P.L.2002, c.128 (C.13:1E-218) shall, in cooperation with local governments and the business community, develop and implement a Statewide public information and education program concerning the provisions of P.L.2020, c.117 (C.13:1E-99.126 et al.). The program shall include, but need not be limited to, educational programs, public service announcements, and the distribution of free reusable carryout bags throughout the State. The program established pursuant to this subsection shall include the distribution of 500,000 free reusable carryout bags proportionally distributed to the State's food banks, as defined pursuant to section 2 of P.L.1982, c.178 (C.24:4A-2), based on the population served by each food bank.
L.2020, c.117, s.8; amended 2022, c.6, s.2.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.134 - Rules, regulations.

13:1E-99.134 Rules, regulations.
9. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to effectuate the provisions of P.L.2020, c.117 (C.13:1E-99.126 et al.).
L.2020, c.117, s.9.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.136 - Calculation of postconsumer recycled content.

13:1E-99.136 Calculation of postconsumer recycled content.
2. a. A manufacturer shall achieve compliance with the postconsumer recycled content requirements of this act based on the average amount of postconsumer recycled content, by weight or another metric, as determined by the department, contained in its products. A manufacturer shall calculate the average amount of postconsumer recycled content contained in its products using data specific to products sold or offered for sale in New Jersey, if such data are available. If a manufacturer demonstrates to the department that State-specific data are not available or feasible to generate, then the manufacturer may utilize national data to calculate the average amount of postconsumer recycled content contained in its products. The calculation of averages may be based on a manufacturer's entire product line or separated into product sub-lines, provided that all of the manufacturer's products are accounted for in the calculations.
b. If a manufacturer relies on national data to calculate the average amount of postconsumer recycled content contained in its products, the manufacturer shall:
(1) prorate the national data based on market share or population, to ensure that the percentage of postconsumer recycled content calculated for products sold in New Jersey is the same percentage as calculated for the nation; and
(2) document the methodology used to prorate the national data in the report required pursuant to paragraph (1) of subsection a. of section 14 of this act.
c. For the purposes of this section, "product" means a rigid plastic container, plastic beverage container, glass container, paper carryout bag, plastic carryout bag, or plastic trash bag that is subject to the postconsumer recycled content requirements of this act.
L.2021, c.391, s.2.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.137 - Rigid plastic containers, percentage of postconsumer recycled content increase; certain exemptions.

13:1E-99.137 Rigid plastic containers, percentage of postconsumer recycled content increase; certain exemptions.
3. a. (1) Beginning two years after the effective date of this act, all rigid plastic containers sold, offered for sale, or used in association with the sale or offer for sale of a product in the State by a manufacturer shall contain, on average, at least 10 percent postconsumer recycled content.
(2) Beginning five years after the effective date of this act, and every three years thereafter, the percentage of postconsumer recycled content required for rigid plastic containers pursuant to this section shall increase by 10 percent, until reaching 50 percent.
b. A rigid plastic container shall be exempt from the postconsumer recycled content requirements of subsection a. of this section if it:
(1) is a plastic beverage container, to which the requirements of section 4 of this act shall apply;
(2) is associated with a product produced in or brought into the State that is destined for shipment to a destination outside the State, and that remains with the product upon shipment;
(3) contains drugs, dietary supplements, medical devices, or cosmetics as those terms are defined in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. s.301 et seq.;
(4) contains toxic or hazardous products regulated under the "Federal Insecticide, Fungicide, and Rodenticide Act," 7 U.S.C. s.136 et seq.;
(5) is manufactured for use in the shipment of hazardous materials and is: (a) prohibited from being manufactured with used material by federal packaging material specifications set forth in 49 C.F.R. s.178.509 and 49 C.F.R. s.178.522, (b) is subject to the testing standards set forth in 49 C.F.R. s.178.600 through 49 C.F.R. s.178.609, or (c) is subject to the recommendations of the United Nations on the transport of dangerous goods; or
(6) is a refillable container or a reusable container. For the purposes of this paragraph, "refillable container" means a rigid plastic container that is routinely returned to and refilled by the manufacturer with the same product packaged by the container; and "reusable container" means a rigid plastic container that is routinely reused by consumers to store the original product packaged by the container.
L.2021, c.391, s.3.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.138 - Plastic beverage containers, percentage of postconsumer recycled content increase.

13:1E-99.138 Plastic beverage containers, percentage of postconsumer recycled content increase.
4. a. (1) Beginning two years after the effective date of this act, all plastic beverage containers sold or offered for sale in the State by a manufacturer shall contain, on average, at least 15 percent postconsumer recycled content.
(2) Beginning five years after the effective date of this act, and every three years thereafter, the amount of postconsumer recycled content required for plastic beverage containers pursuant to this section shall increase by five percent, until reaching 50 percent; except that the postconsumer recycled content requirement for manufacturers who utilize a hot fill process shall not exceed 30 percent.
b. The provisions of subsection a. of this section shall not apply to a refillable beverage container. For the purposes of this subsection, "refillable beverage container" means a beverage container that holds 150 fluid ounces or less of beverage, and which is routinely returned to the manufacturer to be refilled and resold.
L.2021, c.391, s.4.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.139 - Glass containers, percentage of postconsumer recycled content increase.

13:1E-99.139 Glass containers, percentage of postconsumer recycled content increase.
5. a. Beginning two years after the effective date of this act, all glass containers sold or offered for sale in the State by a manufacturer shall contain, on average, at least 35 percent postconsumer recycled content; except that, if a manufacturer certifies to the department that its use of postconsumer recycled content is made up of at least 50 percent mixed-color cullet, then the glass containers shall only be required to contain, on average, at least 25 percent postconsumer recycled content.
b. As used in this section, "mixed-color cullet" means cullet that does not meet the American Society for Testing and Materials (ASTM) standard specifications for the color mix of color-sorted, post-filled glass as a raw material for the manufacture of glass containers.
L.2021, c.391, s.5.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.140 - Paper carryout bags, percentage of postconsumer recycled content increase.

13:1E-99.140 Paper carryout bags, percentage of postconsumer recycled content increase.
6. Beginning two years after the effective date of this act, all paper carryout bags sold or offered for sale in the State by a manufacturer shall contain, on average, at least 40 percent postconsumer recycled content; except that a paper carryout bag that holds eight pounds or less shall only be required to contain, on average, at least 20 percent postconsumer recycled content.
L.2021, c.391, s.6.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.141 - Plastic carryout bags, percentage of postconsumer recycled content increase.

13:1E-99.141 Plastic carryout bags, percentage of postconsumer recycled content increase.
7. All plastic carryout bags sold or offered for sale in the State by a manufacturer shall:
a. beginning two years after the effective date of this act, contain, on average, at least 20 percent postconsumer recycled content; and
b. beginning five years after the effective date of this act, contain, on average, at least 40 percent postconsumer recycled content.
L.2021, c.391, s.7.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.142 - Plastic trash bags, percentage of postconsumer recycled content increase.

13:1E-99.142 Plastic trash bags, percentage of postconsumer recycled content increase.
8. a. All plastic trash bags sold or offered for sale in the State by a manufacturer shall:
(1) beginning two years after the effective date of this act, contain the following proportion of postconsumer recycled content:
(a) for plastic trash bags greater than 0.70 mils thick but less than 0.80 mils thick, at least five percent;
(b) for plastic trash bags greater than 0.80 mils thick but less than 1.00 mils thick, at least 10 percent; and
(c) for plastic trash bags equal to or greater than 1.00 mils thick, at least 20 percent; and
(2) beginning five years after the effective date of this act, contain the following proportion of postconsumer recycled content:
(a) for plastic trash bags greater than 0.70 mils thick but less than 0.80 mils thick, at least 10 percent;
(b) for plastic trash bags greater than 0.80 mils thick but less than 1.00 mils thick, at least 20 percent; and
(c) for plastic trash bags equal to or greater than 1.00 mils thick, at least 40 percent.
b. The provisions of subsection a. of this section shall not apply to a bag that is designed and manufactured to hold, store, or transport hazardous waste or regulated medical waste. For the purposes of this subsection, "hazardous waste" means any solid waste defined as hazardous waste by the department pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.); and "regulated medical waste" means the same as that term is defined in section 3 of P.L.1989, c.34 (C.13:1E-48.3).
L.2021, c.391, s.8.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.143 - Adjustment of postconsumer recycled content requirements, authority.

13:1E-99.143 Adjustment of postconsumer recycled content requirements, authority.
9. a. Notwithstanding the provisions of this act to the contrary, the department may, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), review and adjust any of the postconsumer recycled content requirements established in sections 3 through 8 of this act. In making an adjustment pursuant to this section, the department shall consider:
(1) changes in market conditions, including supply and demand for postconsumer recycled content, collection rates, and bale availability both domestically and globally;
(2) recycling rates, as may be determined by the department;
(3) the availability of recycled material suitable for manufacturers to meet the postconsumer recycled content requirements, including the availability of high-quality recycled plastic or glass, and food-grade recycled plastic or glass;
(4) the capacity of recycling or processing infrastructure;
(5) the progress made by manufacturers in meeting the postconsumer recycled content requirements; and
(6) any other factors as determined by the department pursuant to rule, regulation, or guidance.
b. Any adjustment to the postconsumer recycled content requirements made pursuant to this section shall be only for a time-period, and only under such conditions, as the department may by rule or regulation establish.
L.2021, c.391, s.9.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.144 - Certain exemptions for postconsumer recycled content requirements.

13:1E-99.144 Certain exemptions for postconsumer recycled content requirements.
10. a. A package or container that contains milk products, plant-based products with names that include the names of dairy foods such as "milk," medical food, food for special dietary use, or infant formula shall be exempt from the postconsumer recycled content requirements of this act.
b. (1) A package or container that contains food shall be exempt from the postconsumer recycled content requirements of this act for a period of five years beginning on the effective date of this act, except that the exemption provided in this paragraph shall not apply to a plastic beverage container or a glass container filled with a beverage.
(2) The department may, in its discretion, extend the five-year exemption provided in paragraph (1) of this subsection. Upon expiration of the exemption, a manufacturer shall be subject to the applicable postconsumer recycled content requirements in effect at the time of the expiration, unless the manufacturer applies to, and receives from, the department a waiver pursuant to section 11 of this act.
c. As used in this section:
"Food for special dietary use" means the same as the term is defined in 21 U.S.C. s.350.
"Medical food" and "infant formula" mean the same as those terms are defined in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. s.301 et seq.
"Milk product" means the same as that term is defined by the United States Food and Drug Administration.
L.2021, c.391, s.10.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.145 - Waivers, criteria.

13:1E-99.145 Waivers, criteria.
11. a. A manufacturer may apply to the department for a waiver from the postconsumer recycled content requirements established pursuant to this act. The department may grant a waiver pursuant to this section if the manufacturer demonstrates, and the department finds, in writing, that:
(1) the manufacturer cannot achieve the postconsumer recycled content requirements and remain in compliance with applicable rules and regulations adopted by the United States Food and Drug Administration, or any other State or federal law, rule, or regulation;
(2) it is not technologically feasible for the manufacturer to achieve the postconsumer recycled content requirements;
(3) the manufacturer cannot comply with the postconsumer recycled content requirements due to inadequate availability of recycled material or a substantial disruption in the supply of recycled material; or
(4) the manufacturer cannot comply for another reason as determined by the department pursuant to rule, regulation, or guidance.
b. In order to qualify for a waiver from the postconsumer recycled content requirements of this act, a manufacturer shall submit to the department documentation from a federal or State agency or certified third-party expert, as appropriate, demonstrating that the manufacturer cannot comply with the postconsumer recycled content requirements for one of the reasons set forth in subsection a. of this section, and pay a $1,000 waiver fee. The department may modify the amount of the waiver fee, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as necessary to reflect the department's costs to administer, monitor, and enforce the provisions of this section. Notwithstanding the provisions of this subsection to the contrary, a manufacturer that demonstrates to the department that the manufacturer's gross revenue is below $5,000,000 shall not be required to pay the waiver fee established pursuant to this section.
c. The department may grant a waiver from the postconsumer recycled content requirements for a period of not less than two years, as determined by the department. The department shall publish any determination to grant a waiver from the postconsumer recycled content requirements on its Internet website. The department shall develop a standardized form and procedure for manufacturers to apply for a waiver pursuant to this section.
L.2021, c.391, s.11.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.146 - Alternative compliance plan, requirements.

13:1E-99.146 Alternative compliance plan, requirements.
12. a. The department may require a manufacturer that is temporarily exempt from the postconsumer recycled content requirements of this act pursuant to subsection b. of section 10 of this act, or that has submitted a request for a waiver pursuant to section 11 of this act, to prepare and submit to the department an alternative compliance plan that demonstrates that the manufacturer is taking, and will continue to take, all feasible actions to ensure the reduction, collection, recycling, and reuse of rigid plastic containers, plastic beverage containers, glass containers, paper carryout bags, plastic carryout bags, or plastic trash bags made from virgin plastic, glass, or paper, as applicable, and to ensure the use of postconsumer recycled content.
b. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations setting forth the substantive requirements for an alternative compliance plan required pursuant to subsection a. of this section.
c. The department shall have the authority to approve or disapprove an alternative compliance plan prepared and submitted pursuant to this section, and to require a manufacturer to make any revisions or modifications to its alternative compliance plan as the department determines necessary, consistent with the provisions of this act and the rules and regulations adopted by the department.
d. A manufacturer shall undertake all of the actions described in the alternative compliance plan. Failure by a manufacturer to comply with an approved alternative compliance plan shall constitute a violation of this act.
e. The department may enter into a contract or other legally binding agreement with one or more trade associations representing manufacturers, which shall allow the trade association, in lieu of the manufacturers, to prepare and submit an alternative compliance plan pursuant to this section and to undertake the actions described in the alternative compliance plan.
L.2021, c.391, s.12.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.147 - Registration, fees, certain exemptions.

13:1E-99.147 Registration, fees, certain exemptions.
13. a. Beginning six months after the effective date of this act, and annually thereafter, each manufacturer shall register with the department, in a form and manner as prescribed by the department, and pay an annual registration fee of $1,000. The department may modify the amount of the registration fee, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as necessary to reflect the department's costs to implement, administer, monitor, and enforce the provisions of this act. The department shall establish an electronic registration process on its Internet website; however, the lack of an electronic registration process shall not negate the requirement for a manufacturer to register pursuant to this subsection. Notwithstanding the provisions of this subsection to the contrary: (1) a manufacturer that demonstrates to the department that the manufacturer's gross revenue is below $5,000,000 shall not be required to pay the registration fee established pursuant to this section; or (2) a manufacturer that produces or generates only products that are exempt from the provisions of this act shall be required to register with the department only once, and shall be exempt from the registration fee.
b. Notwithstanding the provisions of section 16 of this act to the contrary, a manufacturer that fails to register with the department pursuant to subsection a. of this section shall first receive a written warning. A manufacturer that receives a written warning shall register with the department no later than 90 days after receipt of the warning. A manufacturer that receives a written warning and that fails to register with the department within 90 days of receipt of the warning shall be subject to the penalties set forth in section 16 of this act.
L.2021, c.391, s.13.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.149 - Restriction on polystyrene loose fill packaging.

13:1E-99.149 Restriction on polystyrene loose fill packaging.
15. a. Beginning two years after the effective date of this act, no person shall sell or offer for sale in the State any polystyrene loose fill packaging.
b. As used in this section:
"Polystyrene foam" means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).
"Polystyrene loose fill packaging," commonly known as packing peanuts, means a void-filling packaging product made of polystyrene foam that is used as a packaging fill.
L.2021, c.391, s.15.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.151 - Protection of proprietary information, trade secrets.

13:1E-99.151 Protection of proprietary information, trade secrets.
17. Any proprietary information or trade secrets included in any registration, certification, alternative compliance plan, corrective action plan, or any other record submitted to the department pursuant to this act shall not be made available to the general public pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act.
L.2021, c.391, s.17.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.152 - "Recycling Enhancement Penalty Account" established, Department of the Treasury.

13:1E-99.152 "Recycling Enhancement Penalty Account" established, Department of the Treasury.
18. a. There is established in the Department of the Treasury a special, non-lapsing account to be known as the "Recycling Enhancement Penalty Account." The account shall be credited with all penalties collected pursuant to section 16 of this act, and any interest or investment income earned on monies in the account. Moneys in the account may be utilized by the department for administrative expenses incurred in connection with the enforcement or implementation of this act, for the public education program required pursuant to subsection b. of this section, and for other efforts to support recycling markets in the State as the department may determine.
b. The department, in consultation with the Association of New Jersey Recyclers and the organization under contract with the department to administer the Clean Communities Program pursuant to section 6 of P.L.2002, c.128 (C.13:1E-218), shall develop and implement a Statewide public information and education program to encourage, support, and increase the recycling of rigid plastic containers, plastic beverage containers, glass containers, paper carryout bags, plastic carryout bags, and any other containers or packaging products, which may include, but need not be limited to, television, radio, and print advertisements, signage, or classroom education.
L.2021, c.391, s.18.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.153 - Act supersedes local laws.

13:1E-99.153 Act supersedes local laws.
19. A municipality or county shall not adopt any rule, regulation, code, or ordinance regulating the postconsumer recycled content of rigid plastic containers, plastic beverage containers, glass containers, paper carryout bags, plastic carryout bags, or plastic trash bags after the effective date of this act. The provisions of this act shall supersede and preempt any municipal or county rule, regulation, code, or ordinance regulating the recycled content of rigid plastic containers, plastic beverage containers, glass containers, paper carryout bags, plastic carryout bags, or plastic trash bags that was enacted prior to the effective date of this act.
L.2021, c.391, s.19.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.154 - Liability on news media.

13:1E-99.154 Liability on news media.
20. Nothing in this act shall be construed to impose liability on any news media that accept or publish advertising for any product that would otherwise be subject to the provisions of this act.
L.2021, c.391, s.20.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.155 - P.L.2020, c.117 not affected.

13:1E-99.155 P.L.2020, c.117 not affected.
21. Nothing in this act shall be construed to alter, limit, or otherwise affect any of the provisions of P.L.2020, c.117 (C.13:1E-99.126 et al.).
L.2021, c.391, s.21.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.156 - Rules and regulations, incentives to collect, reuse polyethylene film.

13:1E-99.156 Rules and regulations, incentives to collect, reuse polyethylene film.
22. a. No later than two years after the effective date of this act, the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the implementation of this act. The rules and regulations shall also establish incentives, to the extent that funds are appropriated therefor, for manufacturers, recyclers, and retailers to collect and reuse polyethylene film.
b. Prior to the adoption of rules and regulations, and as necessary thereafter, the department may develop guidance as necessary for the implementation of this act. The department shall publish any such guidance on its Internet website.
L.2021, c.391, s.22.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-99.157 - Assessment of implementation, report to the Governor, Legislature, Senate Environment and Energy Committee, Assembly Environment and Solid Waste Committee.

13:1E-99.157 Assessment of implementation, report to the Governor, Legislature, Senate Environment and Energy Committee, Assembly Environment and Solid Waste Committee.
23. No later than five years after the effective date of this act, the department shall prepare and submit a report to the Governor, to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and to the members of the Senate Environment and Energy Committee and the Assembly Environment and Solid Waste Committee, or their successors, assessing the implementation of this act, evaluating the act's effectiveness in stimulating the recycling markets in the State, and making any recommendations for legislative or administrative action necessary to further the purposes of this act, including recommendations for whether and how the State should encourage, require, or support other uses of recycled material.
L.2021, c.391, s.23.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-101 - Legislative findings and declarations

13:1E-101. Legislative findings and declarations
The Legislature finds and declares that the proper closure of sanitary landfills is essential to the public health, safety and welfare; that closure activities can require capital expenditures at a time when revenues collected by sanitary landfill facilities are minimal or nonexistent; and that it is necessary to guarantee that adequate funds are reserved to insure such closure.
The Legislature further finds and declares that the improper operation or closure of sanitary landfill facilities can result in the contamination of surface and ground waters, including potable water supplies; that the migration of methane gas from sanitary landfill facilities poses a significant threat to life and property; that compensation for the damage resulting from improper operation or closure is, at best, inadequate; and that it is necessary to provide a mechanism for the prompt and adequate compensation for these damages.
L.1981, c. 306, s. 2.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-102 - Definitions

13:1E-102. Definitions
As used in this act:
a. "Closing costs" or "closure" means all activities and costs associated with the design, purchase, construction or maintenance of all measures required by the department, pursuant to law, in order to prevent, minimize or monitor pollution or health hazards resulting from sanitary landfill facilities subsequent to the termination of operations at any portion thereof, including, but not necessarily limited to, the costs of the placement of earthen or vegetative cover, the installation of methane gas vents or monitors and leachate monitoring wells or collection systems at the site of any sanitary landfill facility, and the cost of general liability insurance, including environmental impairment liability insurance, or an amount sufficient to create a self-insurance fund as may be determined by the Board of Public Utilities pursuant to section 10 of P.L.1981, c. 306 (C. 13:1E-109), to fund potential claims against the owner or operator of the sanitary landfill facility during the closure and post-closure period.
b. "Owner or operator" means and includes, in addition to the usual meanings thereof, every owner of record of any interest in land whereon a sanitary landfill facility is or has been located, and any person or corporation which owns a majority interest in any other corporation which is the owner or operator of any sanitary landfill facility.
c. "Division" means the Division of Taxation in the Department of the Treasury.
d. "Director" means the Director of the Division of Taxation in the Department of the Treasury.
e. "Tax period" means every calendar month, or any other period as may be prescribed by rule and regulation adopted by the director, on the basis of which the owner or operator of a sanitary landfill facility is required to report to the director pursuant to this act.
f. "Taxpayer" means the owner or operator of a sanitary landfill facility subject to the tax provisions of this act.
L. 1981,c.306, s.3; amended by L. 1987,c.347,s.1.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-103 - Joint and several liability of owner or operator for proper operation and closure

13:1E-103. Joint and several liability of owner or operator for proper operation and closure
Every owner or operator of a sanitary landfill facility shall be jointly and severally liable for the proper operation and closure of the facility, as required by law, and for any damages, no matter by whom sustained, proximately resulting from the operations or closure.
L.1981, c. 306, s. 4.
2023 New Jersey Revised Statutes › Title 13 - Conservation and Development--Parks and Reservations › Section 13:1E-105 - Sanitary landfill facility contingency fund

13:1E-105. Sanitary landfill facility contingency fund
The Sanitary Landfill Facility Contingency Fund (hereinafter referred to as "the fund" ) is established as a nonlapsing, revolving fund in the Department of Environmental Protection. The fund shall be administered by the department, and shall be credited with all tax revenues collected by the division pursuant to section 5 of this supplementary act. Interest received on moneys in the fund shall be credited to the fund.
L.1981, c. 306, s. 6.