Greetings,

 Legislative Alert

New Jersey Senator Bob Smith has recently introduced a substitute bill for S2578, the "Preservation of Landfill Space Act."  Under the proposal,  every (empty or unused) rigid plastic packaging container manufactured, sold or offered for sale in New Jersey will be required to be composed of at least 25% recycled content by January 1, 2006.  The bill also requires that by January 1, 2011 rigid plastic packaging needs to be composed of 30% recycled content and 35% by January 1, 2016. 

Plastic beverage containers and personal care products, which were not included in the original bill, were added.  They will be required to have a 10% recycled content rate by January 1, 2006 and then up to 15% by January 1, 2011. 

In order to understand plastics recycling it is important to recognize certain factors that impact the recycling of plastics. These factors include supply/volume, contamination, technological barriers and economical sustainable recycling.

Substitute SB 2578 has no basis in, nor does it recognize, polymeric science, the limits of technological feasibility or current economic market reality.

We must act now to let the legislature know this legislation would have a negative impact on the NJ economy by leading to higher consumer costs and putting New Jersey companies at a disadvantage resulting in manufacturing companies leaving the State and residents losing jobs. 

The Senate Environment Committee is meeting on Thursday August 18, 2005 at 10 am to discuss this bill.  Please go to www.impactplastics.org to send your Senator a letter asking them to oppose this measure.

If you have any questions, please contact Stephen Rosario at 518-432-7835.

Subject: SB 2578

Dear [decision maker name automatically inserted here],

I am writing to express my opposition to the "Preservation of Landfill Space Act." This legislation is scheduled for discussion in the Senate Environment Committee on August 18, 2005. It would mandate that every rigid plastic package, empty or for sale containing a product, be made of 25% recycled content by January 1, 2006. Every rigid plastic packaging container would have to be composed of at least 30% recycled content by January 1, 2011 and 35% recycled content by January 1, 2016. The legislation also requires every plastic beverage container or packaging containing a personal care product to contain at least 10% recycled content by January 1, 2006 and 15% recycled content by January 1, 2011.

This legislation would have a negative impact on the NJ economy. Changing the manufacturing process will lead to higher consumer costs and put New Jersey companies at a disadvantage resulting in manufacturing companies leaving the State and residents losing jobs. It will also adversely affect the small to medium sized companies located in New Jersey where the staff does not exist to do the paper work to seek a waiver or to file the various compliance reports.

In addition to the negative economic impact, mandated levels of recycled content in rigid plastics containers will result in containers of inadequate integrity. The percentage of recycled content in a package should be decided by scientists and engineers, not the government. Plastic packaging made with high levels of recycled content without regards to the substance in the container is more likely to develop stress cracks and leakages.

I respectfully request that you oppose this legislation.

Thank you for your consideration of this matter.

Sincerely,

[Your Name]