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S3280
SENATE, No. 3280
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 2, 2026
Sponsored by:
Senator� KRISTIN M. CORRADO
District 40 (Bergen, Essex and Passaic)
SYNOPSIS
���� Repeals law prohibiting sale or distribution of
single-use plastic carryout bags, single-use paper carryout bags, polystyrene
foam food service products, and single-use plastic straws.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
amending P.L.2002, c.128 and repealing sections 1
through 9 of P.L.2020, c.117.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� Section 5 of P.L.2002,
c.128 (C.13:1E-217) is amended to read as follows:
���� 5.� The Clean Communities
Program Fund is established as a nonlapsing, revolving fund in the Department
of the Treasury.� The Clean Communities Program Fund shall be administered by
the Department of Environmental Protection and credited, in addition to any
appropriations made thereto, with all user fees imposed pursuant to section 4
of P.L.2002, c.128 (C.13:1E-216) or penalties imposed pursuant to section 10 of
P.L.2002, c.128 (C.13:1E-222), and any sums received as voluntary contributions
from private sources.� Interest received on moneys in the Clean Communities
Program Fund shall be credited to the fund.� Unless otherwise expressly
provided by the specific appropriation thereof by the Legislature, which shall
take the form of a discrete legislative appropriations act and shall not be
included within the annual appropriations act, all available moneys in the
Clean Communities Program Fund shall be appropriated annually solely for the
following purposes and no others:
���� a.���� 10 percent of the
estimated annual balance of the Clean Communities Program Fund shall be used
for a State program of litter pickup and removal and of enforcement of
litter-related laws and ordinances in State owned places and areas that are
accessible to the public.� Moneys in the fund may also be used by the State to
abate graffiti;
���� b.��� 50 percent of the
estimated annual balance of the Clean Communities Program Fund shall be
distributed as State aid to eligible municipalities with total housing units of
200 or more for programs of litter pickup and removal, including establishing
an "Adopt-A-Highway" program, of public education and information
relating to litter abatement, and of enforcement of litter-related laws and
ordinances.� The amount of State aid due each municipality shall be solely
calculated based on the proportion which the housing units of a qualifying
municipality bear to the total housing units in the State.� Total housing units
shall be determined using the most recent federal decennial population
estimates for New Jersey and its municipalities, filed in the office of the
Secretary of State.� Moneys in the fund may also be used by an eligible
municipality to abate graffiti;
���� c.���� 30 percent of the
estimated annual balance of the Clean Communities Program Fund shall be
distributed as State aid to eligible municipalities with total housing units of
200 or more for programs of litter pickup and removal, including establishing
an "Adopt-A-Highway" program, of public education and information
relating to litter abatement, and of enforcement of litter-related laws and
ordinances.� The amount of State aid due each municipality shall be solely
calculated based on the proportion which the municipal road mileage of a
qualifying municipality bears to the total municipal road mileage within the
State.� For the purposes of this subsection, "municipal road mileage"
means that road mileage under the jurisdiction of municipalities, as determined
by the Department of Transportation.� Moneys in the fund may also be used by an
eligible municipality to abate graffiti;
���� d.��� 10 percent of the
estimated annual balance of the Clean Communities Program Fund shall be
distributed as State aid to eligible counties for programs of litter pickup and
removal, including establishing an "Adopt-A-Highway" program, of
public education and information relating to litter abatement, and of
enforcement of litter-related laws and ordinances.� The amount of State aid due
each county shall be solely calculated based on the proportion which the county
road mileage of an eligible county bears to the total county road mileage
within the State.� For the purposes of this subsection, "county road
mileage" means that road mileage under the jurisdiction of counties, as
determined by the Department of Transportation.� Moneys in the fund may also be
used by an eligible county to abate graffiti;
���� e.���� No eligible
municipality shall receive less than $4,000 in State aid as apportioned
pursuant to subsections b. and c. of this section.� A municipality or county
may use up to five percent of its State aid for administrative expenses;
���� f.���� Prior to the
distribution of funds pursuant to subsections a. through d. of this section
,
[
:
���� (1)
]
$375,000 of the estimated annual
balance of the Clean Communities Program Fund shall be annually appropriated to
the department and made available on July 1 of every year to the organization
under contract with the department pursuant to section 6 of P.L.2002, c.128
(C.13:1E-218) for a Statewide public information and education program
concerning antilittering activities and other aspects of responsible solid
waste handling behavior, of which up to $75,000 shall be used exclusively to
finance an annual Statewide television, radio, newspaper and other media
advertising campaign to promote antilittering and responsible solid waste
handling behavior.
����
[
(2) $500,000 of the estimated
annual balance of the Clean Communities Program Fund shall be annually
appropriated to the department and made available on July 1 of each year to the
organization under contract with the department pursuant to section 6 of P.L.2002,
c.128 (C.13:1E-218) for the Statewide public information and education program
developed pursuant to subsection b. of section of section 8 of P.L.2020, c.117
(C.13:1E-99.133), including the redistribution of reusable bags.
]
�
���� The organization under
contract with the department pursuant to section 6 of P.L.2002, c.128
(C.13:1E-218) shall, no later than the date on which the contract period
concludes, submit a report to the Governor and the Legislature concerning its
activities during the contract period and any recommendations concerning
improving the program.� Every eligible municipality and county shall cooperate
with the organization under contract with the department pursuant to section 6
of P.L.2002, c.128 (C.13:1E-218) in providing information concerning its
program of litter pickup and removal.
���� No later than May 31, 2008, 25
percent of the estimated annual balance of the Clean Communities Program Fund
shall be appropriated to the State Recycling Fund established pursuant to
section 5 of P.L.1981, c.278 (C.13:1E-96).� These moneys shall be used by the
Department of Environmental Protection for direct recycling grants to counties
and municipalities, up to a maximum appropriation of $4,000,000.
���� g.��� As used in this section,
"graffiti" means any inscription drawn, painted or otherwise made on
a bridge, building, public transportation vehicle, rock, wall, sidewalk,
street, or other exposed surface on public property.
���� The department may carry
forward any unexpended balances in the Clean Communities Program Fund as of
June 30 of each year.
(cf:� P.L.2025, c.106)
���� 2.� Sections 1 through 9 of
P.L.2020, c.117 (C.13:1E-99.126 through 13:1E-99.134) are repealed.
���� 3.� This act shall take effect
on the 60
th
day after the date of enactment.
STATEMENT
���� This bill repeals the law
establishing a ban on single-use plastic carryout bags, single-use paper
carryout bags, polystyrene foam food service products, and single-use plastic
straws.� The bill also removes from the law a $500,000 appropriation, from the
Clean Communities Fund, for a public information and education program
regarding free reusable carryout bags.� Current law prohibits stores and food
service business from providing or selling single-use plastic carryout bags to
customers, and prohibits grocery stores from providing or selling single-use
paper carryout bags to customers.� The law also prohibits distribution of
polystyrene foam food service products.� A Plastics Advisory Council monitors
the implementation of the law, and fees collected from establishments in
violation of the law currently accrue to the Clean Communities Program Fund.
���� It is the sponsor�s intention
to eliminate this law in its entirety, as the prohibition on single-use
products has resulted in an increased volume of waste in the State through the
production and accumulation of unused bags, straws, and other disposable
products.� Research indicates that plastic bag bans have been associated with
increased purchasing of alternative bags and containers and a resultant
increase in manufacturing-related pollution.� New Jersey stores and food
service businesses have noticed a three-fold increase in plastic consumption
since the implementation of this law, attributed to the non-recyclable material
used in alternative bags.� Carryout grocery bag regulations have also been
associated with a 127-pound monthly average increase in the number of purchased
plastics.� This bill would take effect on the 60th day after the date of
enactment to allow business and stores two months to restore available supplies
of single-use plastic carryout bags, single-use paper carryout bags,
polystyrene foam food service products, and single-use plastic straws.