Sponsored by:
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
SYNOPSIS
Prohibits procurement of single use plastic beverage containers by State and local government entities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the procurement of single use plastic beverage containers and supplementing Title 52 of the Revised Statutes and Title 40A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
Beverage means any of the following products if those products are in liquid, ready-to-drink form, and are intended for human consumption: beer and other malt beverages; wine and distilled spirit coolers; carbonated water, including soda and carbonated mineral water; noncarbonated water, including noncarbonated mineral water; carbonated soft drinks; noncarbonated soft drinks and sport drinks; noncarbonated fruit drinks that contain any percentage of fruit juice; coffee and tea drinks; carbonated fruit drinks; and vegetable juice.
Plastic means a synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms retaining their defined shapes during the life cycle and after disposal. Plastic shall not include material that is designed to be composted in a municipal or industrial aerobic composting facility and that is certified by a recognized third-party independent verification body as meeting the standards therefor established by the American Society for Testing and Materials in ASTM D6400 or ASTM D6868.
Single use plastic beverage container means an individual, separate bottle, can, jar, carton, or other container made of plastic that is hermetically sealed or made airtight with a metal or plastic cap, and that contains a beverage wherein it is intended for a singular use.
"State agency" means any agency in the executive, legislative, or judicial branch of the State government, including, but not limited to, any department, board, bureau, commission, division, office, council, or instrumentality thereof.
b. Notwithstanding the provisions of any other law to the contrary, the Director of the Division of Purchase and Property in the Department of the Treasury, or any State agency having authority to contract for the purchase of goods or services, shall be prohibited from the procurement of single use plastic beverage containers when entering into or renewing a contract for the purchase of such goods.
c. The provisions of subsection b. of this section shall not apply:
(1) to any binding contractual obligations for the purchase of goods or services entered into prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill); or
(2) when the procurement of an alternative to single use plastic beverage containers would not be economically feasible or cause undue financial hardship.
d. No later than one year after the effective date of this section, each State agency authorized to purchase or contract for goods and services shall review and revise its procurement procedures and specifications for the purchase or use of single use plastic beverage containers in order to comply with the provisions of this section.
2. a. As used in this section:
Beverage means any of the following products if those products are in liquid, ready-to-drink form, and are intended for human consumption: beer and other malt beverages; wine and distilled spirit coolers; carbonated water, including soda and carbonated mineral water; noncarbonated water, including noncarbonated mineral water; carbonated soft drinks; noncarbonated soft drinks and sport drinks; noncarbonated fruit drinks that contain any percentage of fruit juice; coffee and tea drinks; carbonated fruit drinks; and vegetable juice.
"Local government entity" means any government entity subject to the requirements of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., or the "County College Contracts Law," P.L.1982, c.189 (C.18A:64A-25.1 et seq.).
Plastic means a synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms retaining their defined shapes during the life cycle and after disposal. Plastic shall not include material that is designed to be composted in a municipal or industrial aerobic composting facility and that is certified by a recognized third-party independent verification body as meeting the standards therefor established by the American Society for Testing and Materials in ASTM D6400 or ASTM D6868.
Single use plastic beverage container means an individual, separate bottle, can, jar, carton, or other container made of plastic that is hermetically sealed or made airtight with a metal or plastic cap, and that contains a beverage wherein it is intended for a singular use.
b. Notwithstanding the provisions of any other law to the contrary, a local government entity shall be prohibited from the procurement of single use plastic beverage containers when entering into or renewing a contract for the purchase of such goods.
c. The provisions of subsection b. of this section shall not apply:
(1) to any binding contractual obligations for the purchase of goods or services entered into prior to the effective date of this section; or
(2) when the procurement of an alternative to single use plastic beverage containers would not be economically feasible or cause undue financial hardship.
d. No later than one year after the effective date of this section, each local government entity authorized to purchase or contract for goods and services shall review and revise its procurement procedures and specifications for the purchase or use of single use plastic beverage containers in order to comply with the provisions of this section.
3. This act shall take effect immediately.
STATEMENT
This bill prohibits State and local government entities that have the authority to contract for the purchase of goods and services from purchasing single use plastic beverage containers. The bill provides exemptions to any binding contractual obligations for the purchase of goods or services entered into prior to the effective date of this bill or when the procurement of an alternative to single use plastic beverage containers would not be economically feasible. The bill directs State agencies and local government entities authorized to purchase or contract for goods and servic