Repeals law that prohibits certain establishments from providing or selling various single-use products to customers.

S3281

SENATE, No. 3281

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 that prohibits certain establishments
from providing or selling various single-use products to customers.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning single-use products, 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, s.1)

���� 2.��� Sections 1 through 9 of
P.L.2020, c.117 (C.13:1E-99.126 through C.13:1E-99.134)
are repealed.

���� 3.� This act shall take effect
immediately.

STATEMENT

���� This bill repeals sections 1
through 9 of
P.L.2020, c.117 (C.13:1E-99.126
through C.13:1E-99.134), which currently does the following:� (1) prohibits
certain establishments from providing or selling various single-use products,
such as plastic carryout bags, paper carryout bags, polystyrene foam service
products, and plastic straws, to customers; (2) establishes penalties for
noncompliance; (3) establishes a Plastics Advisory Council within the
Department of Environmental Protection (DEP); (4) requires the Department of
State, in consultation with the DEP, to develop a program to assist businesses
in complying with the law; (5) and requires the DEP to develop rules and
regulations as necessary to implement the law.

���� By
repealing this law, certain establishments throughout the State would be
permitted to provide and sell various single-use products to customers.�
Specifically, stores and food service business would be permitted to provide or
sell single-use plastic carryout bags to customers; food banks and food
pantries would be permitted to provide single-use plastic carryout bags to
customers; grocery stores would be permitted to provide or sell single-use
paper carryout bags to customers; food service businesses would be permitted to
provide or sell food in a polystyrene foam food service product; the sale of
polystyrene food service products would be permitted; and food service
businesses would be permitted to provide single-use plastic straws to customers
without requiring the customer to request a single-use plastic straw.

���� This
bill also amends
section 5 of P.L.2002, c.128 (C.13:1E-217) to reflect
the repeal of P.L.2020, c.117 by deleting language added to that section in
P.L.2020, c.117.