States look at solid-waste laws.

Various proposals pending in state legislatures coast to coast are targeted at regulating solid-waste disposal, including laws establishing recycling quotas, litter taxes and fees, and incineration bans. Some of these proposals are causing concern among plastics industry watchdogs who have questioned the feasibility of some of the goals.

The proposal that may have stirred the most fear in the plastics industry (the American Plastics Council has labeled it a "nightmare") is a plan in Minnesota to require at least 25% post-consumer recycle (PCR) content in plastic, glass and paper packaging starting Jan. 1, 1996, and increasing the PCR content to 50% by Jan. 1, 2000. Violators would be subject to civil penalties of at least $100/item.

An exemption would be made for packaging that cannot comply with the law because of other federal or state restrictions; and packagers could receive a one-year reprieve if they are able to show there is an insufficient supply of PCR.

A second portion of this bill that worries some is its schedule of packaging fees. Depending on a package's recycled content and whether it contains any lead, cadmium, mercury or hexavalent chromium, these fees could be 1-4[cts.]/package.

OTHER STATES, OTHER BILLS

In Maryland, a bill before the state Senate would require rigid plastic containers made from PET and HDPE with capacities from 8 oz to 5 gal to contain 25% recycled content, meet a 25% recycling rate or be reused five or more times for the same or similar use, starting July 1, 1994. Under the proposal, the 25% recycling rate could be met in three ways: for PET and HDPE containers together; for just PET or HDPE; or for a particular package type such as detergent containers.

The bill, which coincides with a report from the state's 24-member Solid Waste Planning Accord that recommends mandatory recycle-content legislation to help develop markets for recycled plastics, would provide for several exemptions.

Other states looking to mandate recycling quotas for plastic packaging or implement outright bans on certain types of packaging include the following:

* New Jersey--A proposal has been introduced to prohibit manufacturing of plastic bags thicker than 1 mil unless the bags contain 10% PCR. Planned to go into effect July 1, the bill calls for the PCR content to increase to 30% by mid-1996 and 50% by 2000. Bags less than 1-mil thick would also be required to contain 30% PCR after July 1, 1996.

* New York--Bills were recently introduced in the Assembly and Senate requiring all packaging to meet one of several standards by the first day of 1996. Those options include being made from materials for which 75% of the population has access to a recovery and recycling program; having a 50% statewide recycling rate; being reusable or refillable a minimum of five times; or containing recycle levels prescribed under the state's recycling emblem program (see PT, June '92, p. 97).

* Missouri--CONEG-type legislation to prohibit after July 1, 1994 the sale of packaging containing additives based on lead, cadmium, mercury or hexavalent chromium is being considered. Last year, CONEG-type legislation (originally developed by the Coalition of Northeastern Governors) was enacted in Georgia, Illinois, Maryland and New Jersey, bringing the number of states with legislation governing a package's heavy-metal content to 14. Like these previous laws, the Missouri legislation sets a timetable for gradual elimination of these substances. Packaging would have to contain less than 600 ppm of the heavy metals as of July 1, 1994; 250 ppm by July 1, 1995; and 100 ppm by July 1, 1996.