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A1165
ASSEMBLY, No. 1165
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
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
���� Introduced Pending Technical Review by Legislative
Counsel.
��
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
services to revise their procurement procedures in order to comply with this
bill.