Assembly Commerce, Economic Development and Agriculture Committee Statement to Senate, No. 3802 (January 5, 2026)

Summary

A statement from the Assembly Commerce, Economic Development and Agriculture Committee on [Second Reprint] Senate, No. 3802, dated January 5, 2026, reporting Senate Bill No. 3802 (2R) favorably and with committee amendments. As amended, the bill would set recycled content minimums for plastic construction materials in State-funded construction projects: at least 10 percent postconsumer recycled content within two years of the bill's effective date, and at least 15 percent afterward. The committee amendments add an exemption where the recycled content would cause structural integrity issues, and exempt a project that cannot procure compliant materials within 60 days of the start of construction. The statement says the bill is identical to Assembly Bill No. 5394.

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ASSEMBLY COMMERCE, ECONOMIC DEVELOPMENT AND
           AGRICULTURE COMMITTEE

                           STATEMENT TO

                            [Second Reprint]
                         SENATE, No. 3802
                          with committee amendments



       STATE OF NEW JERSEY
                           DATED: JANUARY 5, 2026

          The Assembly Commerce, Economic Development and
      Agriculture Committee reports favorably and with committee
      amendments Senate Bill No. 3802 (2R).
          As amended, this bill would require that any plastic construction
      materials used by a State-funded construction project carried out by
      the State, a county, a municipality, or a public utility contain at least
      10 percent postconsumer recycled content if purchased within two
      years of the bill's effective date, and at least 15 percent for plastic
      construction materials purchased thereafter.
          The bill would apply to construction materials that contain greater
      than 50 percent plastic, calculated by cost. The bill defines
      "construction material" as an article, material, or supply that is brought
      to the site of a construction project for incorporation into the building
      or work, which meets applicable standards related to performance and
      is of a satisfactory quality.
          The bill would provide exemptions to the bill's postconsumer
      recycled content requirements if: (1) the use of plastic construction
      material that contains the necessary recycled content would increase
      the overall cost of the State-funded project by 20 percent, (2)
      construction materials, other than plastic materials that meet the
      postconsumer recycled content in the bill’s provisions, do not exist for
      the intended application, are not available in sufficient quantities, or
      are not available within 60 days of the start of the construction of the
      State-funded construction project; or (3) the licensed architect or
      engineer of record has certified in writing that the use of construction
      materials that meet the bill’s provisions would cause structural
      integrity issues and that the structurally integrity issues cannot be
      reasonably mitigated without the use of construction materials that do
      not meet the bill’s provisions.
          As amended and reported by the committee, Senate Bill No. 3802
      (2R) is identical to Assembly Bill No. 5394, which was also amended
      and reported by the committee on this date.
                                  2

COMMITTEE AMENDMENTS:
    The committee amended the bill to:
    (1) provide an exemption from the bill’s provisions when the use
of plastic construction materials with the requisite amounts of
postconsumer recycled content would cause structural integrity issues
in the construction project; and
    (2) provide that if a State-funded construction project cannot
procure materials that meet the requirements of the bill within 60 days
of the start of construction, the construction project would be exempt
from the recycled content requirements in order to prevent significant
delays.


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