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A5048 2R FISCAL ESTIMATE
LEGISLATIVE FISCAL ESTIMATE
[Second Reprint]
ASSEMBLY, No. 5048
STATE OF NEW JERSEY
222nd LEGISLATURE
DATED: JULY 2, 2026
SUMMARY
Synopsis:
Prohibits sale, manufacture, and distribution of certain
apparel and diaper products containing intentionally added perfluoroalkyl and
polyfluoroalkyl substances.
Type of Impact:
Annual State expenditure and revenue increases.
Agencies Affected:
Department of Law and Public Safety.
Office of
Legislative Services Estimate
Annual Fiscal Impact
State Expenditure Increase
Indeterminate
State Revenue Increase
Indeterminate
�
The
Office of Legislative Services (OLS) determines that the bill would result in
indeterminate annual State expenditure and revenue increases, as the bill would
create an additional prohibition under existing law enforceable by the Division
of Consumer Affairs in the Department of Law and Public Safety.
�
The
OLS finds that State expenditure increase would result from the division�s receipt
and collection of manufacturer certifications and enforcement activities under
the bill.
�
The
OLS anticipates an increase in State revenues from monetary penalties imposed
by the division for violations of the Protecting Against Forever Chemicals Act.
However, the OLS has no information on which to base an estimate of the number
and magnitude of future penalty assessments and payments and thus cannot
project the amount the State will collect.
BILL DESCRIPTION
����� The bill would prohibit, beginning two years after the
bill�s effective date, the sale, manufacture, and distribution of any apparel
or diaper product containing intentionally added perfluoroalkyl and
polyfluoroalkyl substances (PFAS) within the State.
����� The bill would require, beginning two years after the
bill�s effective date, a manufacturer of any apparel or diaper product to
certify that each apparel or diaper product that it manufactures does not
contain intentionally added PFAS. The certification would be submitted to the
Division of Consumer Affairs in the Department of Law and Public Safety and
would be valid for a period of five years. The bill provides certain
certification requirements if the manufacturer modifies an apparel or diaper
product.
����� A violator of the bill�s provisions would be assessed
either or both of the following monetary penalties under the Protecting Against
Forever Chemicals Act, P.L.2025, c.202: 1) a civil administrative penalty of
between $1,000 and $20,000 for each violation, provided that each day of a
continuous violation is an additional, separate and distinct offense; or 2) a
civil penalty of up to $25,000 per day of a violation with each day of a
continuous violation constituting an additional, separate, and distinct
offense.
FISCAL ANALYSIS
EXECUTIVE BRANCH
����� None received.
OFFICE OF LEGISLATIVE SERVICES
����� The OLS determines that the bill would result in
indeterminate annual State expenditure and revenue increases, as the bill would
create an additional prohibition under existing law enforceable by the Division
of Consumer Affairs in the Department of Law and Public Safety.
�����
State Expenditure Increase
:
The OLS
anticipates the division will incur ongoing costs for the receipt of
certifications from manufacturers of apparel and diaper products pursuant to
the bill�s provisions and enforcement activities to the extent there are
violations of the bill�s provisions.
�����
State Revenue Increase
:
The bill
establishes that a violation of the bill�s provisions would trigger the
following existing penalties under the Protecting Against Forever Chemicals
Act:
����� 1) a civil administrative penalty of between $1,000
and $20,000 for each violation, provided that each day of the violation continues
constitutes an additional, separate, and distinct offense; or
����� �2) a civil penalty of up to $25,000 per day of the
violation, provided that each day the violation continues constitutes an
additional, separate, and distinct offense; or
����� 3) a combination of the listed civil administrative
penalties and civil penalties.
����� The OLS anticipates an increase in State revenues from
these monetary penalties; however, it has no information on which to base an
estimate of the number and magnitude of future penalty assessments and payments
and thus cannot project the amount the State will collect.
Section:
Law and Public Safety
Analyst:
Kristin Brunner Santos
Lead Fiscal Analyst
Approved:
Thomas Koenig
Legislative Budget and Finance Officer
This legislative fiscal estimate has been produced by the
Office of Legislative Services due to the failure of the Executive Branch to
respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980,
c.67 (C.52:13B-6 et seq.).