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Senate hearing hears agencies and stakeholders split over two‑year delay to single‑use plastics ban
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Summary
At a Senate Committee hearing on Senate Bill 1374, agencies said a draft regulation for Law 51 (2022) is near completion and expect a public notice and hearing this spring; environmental groups urged implementation, while industry groups and some senators urged phased rollout or short extensions to address supply, cost and landfill capacity.
SAN JUAN — Lawmakers, agency officials, environmental groups and business representatives spent a full day arguing over Senate Bill 1374, which would postpone enforcement of Puerto Rico’s Law 51 of 2022 — the islandwide prohibition on single‑use plastics — for two years.
The hearing before the Senate Committee on Agriculture and Natural Resources brought into sharp relief two competing claims: agencies and environmental advocates said the ban is a public‑health and environmental priority that should move forward, while many in the private sector and some senators warned that regulatory ambiguity, supply shortages and limited composting capacity could make immediate enforcement disruptive and costly for small businesses.
Samuel Acosta, appearing for the Department of Natural and Environmental Resources (DNA), told the committee the department has been working with the Department of Consumer Affairs (DACO) on a joint draft regulation and expects to publish a public notice within about two weeks, triggering a 30‑day comment period and a public hearing in early March. Acosta said the agencies plan to have a final regulation by April if the process proceeds without material changes that would require resubmission to the Fiscal Oversight Board. He also recommended clarifying in any legislative amendment which single‑use items would be covered to reduce later legal challenges.
Lizfanet González Ruiz, DACO’s interim secretary, said DACO approved an initial draft guidance on labeling and has conducted outreach and operatives (inspections). DACO, she said, will fiscalize (enforce) the law once regulators adopt the final text, but agency officials emphasized that setting the effective date is a legislative prerogative.
Environmental witnesses and academics urged the committee not to delay implementation. Ingrid Pila of the Generación Circular coalition and Sierra Club and other experts cited a 2023 DNA waste characterization showing plastics rising as a share of landfill inputs and warned of microplastic contamination and long‑term health risks. “The prudent action when a material is shown to be toxic and harmful is to remove it from the market as quickly as possible,” one presenter said.
Industry groups — including restaurant and retail associations — and small business owners warned of a limited domestic supply of certified compostable alternatives and higher prices, citing manufacturer lists and local suppliers that can distribute but not manufacture at needed scale. Several witnesses named local suppliers (Caribe Compostables, BioWare, GreenSmart and BioNature) but said local production capacity remains small. Retail representatives recommended a phased approach with a clear product list and exemptions for medical and safety uses and urged agencies to publish the draft regulation immediately so merchants can plan inventory and distribution.
Lawmakers probed several technical issues: the definition of “single‑use plastic” in the statute, whether certain medical or hygiene products would be covered, the logistics for merchants holding existing inventory, and the limited number of composting facilities (witnesses cited four or five). Several senators stressed the legislature’s supervisory role and urged agencies to finish the regulatory steps rather than legislators weakening the law because of administrative delays. Others said more time may be needed and asked that the committee consider amendments that would phase the ban or extend the effective date.
The committee issued several formal requests during the hearing. Senators asked agencies to provide within five calendar days: the draft that was transmitted to the Fiscal Oversight Board, the date it was sent, the minutes of related meetings, and the specific text of any amendment being considered. Senators also asked agencies to supply counts of composting and recycling firms and to provide the DNA’s 2023 waste characterization report and related technical documents.
No vote on Senate Bill 1374 was taken at the hearing. The committee said it will hold an executive meeting to review the record, consider further expert testimony (several scientific researchers offered to present findings on microplastics), and prepare recommendations to the full Senate. The agencies reiterated they will proceed with the public‑notice and comment steps on the draft regulation in the coming weeks.
What happens next: the committee set deadlines for written submissions from agencies and stakeholders and signaled it will convene an executive meeting to consolidate evidence and draft its report before making a recommendation on SB1374.
