McKEON/GUSCIORA 'RECYCLING ENHANCEMENT ACT'
CLEARS ASSEMBLY
Measure Would Bolster Recycling Efforts in Counties, Municipalities

    (TRENTON) - The Assembly today passed legislation Assemblymen John F. McKeon and Reed Gusciora sponsored to provide additional financial support to municipal and county recycling programs was released today by the Assembly.

"We have an obligation to do more to protect our environment by continuing to reduce our impact on it," said McKeon (D-Essex), chairman of the Assembly Environment and Solid Waste Committee.  "Bolstering our efforts to increase post-consumer recycling at every level will help New Jersey continue to live up to its reputation as 'The Garden State.'"

The McKeon/Gusciora legislation (A-1886), entitled the "Recycling Enhancement Act," would impose a recycling levy on solid waste generation in order to provide financial incentives to support county and municipal recycling.  The $3-per-ton levy would be applied to owner/operators of solid waste facilities for all waste accepted for disposal or transfer and on solid waste collectors for all waste collected for shipment or direct transportation to an out-of-State disposal site.

The bill would not apply to the following:
·    Solid waste transported from an in-state transfer facility that has already paid the levy and is shipping solid waste to an in-state disposal facility;
·    The owner/operator of a railroad transfer station or other facility designed exclusively to transport waste on railroads;
·    The owner/operator of a sanitary landfill facility that accepts the ash from a solid waste resource recovery facility;
·    Solid waste collectors or owner/operators who collect or accept for disposal or transfer residue resulting from the operations of a scrap processing plant;
·    The owner/operator of a materials recovery facility that accepts Type 13C Construction and Demolition waste, providing the facility meets or exceeds recyclable rates established by the state Department of Environmental Protection (DEP); and
·    Solid waste collectors or owner/operators who dispose of or transfer residue generated as a result of the use of post-consumer waste material in manufacturing recycled products.

The revenue generated by this act would be deposited in the New Jersey State Recycling Fund, which is administered by the DEP.  Under the bill, approximately 60 percent of the revenue generated annually would be used to fund recycling grants to municipalities and counties in those instances where a county government, at its own expense, provides for the collection, processing, and marketing of recyclable materials on a regional basis.  Municipalities that operate or provide for a regular solid waste collection service would be guaranteed to receive a minimum grant equal to the amount of recycling tax paid.

Ten percent of the revenue generated would be used for state recycling program planning and funding.  Another 25 percent would be used as state aid to counties for preparing, revising, and implementing solid waste management plans.  The final five percent would be used by counties for public information and education campaigns concerning recycling activities.

The legislation allows for the appropriation of up to $4 million from the state Clean Communities Program Fund for one year to provide funding for direct recycling grants while the State Recycling Fund is replenished.

The measure also appropriates $8 million from the General Fund to the State Recycling Fund to provide the DEP with additional funding for direct recycling grants to counties and municipalities for the current year.  These grants would be awarded solely based on the priorities set forth in the county solid waste management and recycling plans.  The full amount of the appropriation would be repaid to the General Fund from revenues raised by this act in annual installments as set out by the state treasurer, not to exceed $1 million a year, beginning January 1, 2009.

"Recycling in New Jersey is near an all-time low," said Gusciora (D-Mercer).  "Given our efforts to preserve our open space, improve our water and air quality, and help stop global warming, providing the means to renew interest and participation in municipal and county recycling programs just makes sense."

The Assembly passed the measure 49-29-2.  It now heads to the Governor, who may veto it or sign it.

--30--