Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2037 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 284 FILED ON: 1/11/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2037
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Simon Cataldo and Carmine Lawrence Gentile
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act authorizing the town of Concord to establish a fee for checkout bags.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Simon Cataldo14th Middlesex1/11/2023Carmine Lawrence Gentile13th Middlesex1/11/2023Michael J. BarrettThird Middlesex1/27/2023 1 of 2
16	16	HOUSE DOCKET, NO. 284 FILED ON: 1/11/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2037
18	18	By Representatives Cataldo of Concord and Gentile of Sudbury, a petition (accompanied by bill,
19	19	House, No. 2037) of Simon Cataldo, Carmine Lawrence Gentile and Michael J. Barrett (by vote
20	20	of the town) that the town of Concord be authorized to establish a fee for checkout bags in said
21	21	town. Municipalities and Regional Government. [Local Approval Received.]
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 5294 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act authorizing the town of Concord to establish a fee for checkout bags.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. The following words, unless the context clearly requires otherwise, shall
33	33	2have the following meanings:
34	34	3 “Checkout Bag” shall mean a bag provided by a retail establishment to a customer at the
35	35	4point of sale. Checkout bags shall not include: (i) bags, whether plastic or not, in which loose
36	36	5produce or products are placed by the consumer to deliver such items to the point of sale or
37	37	6check out area of the store; (ii) a paper bag provided by a pharmacy to a customer purchasing a
38	38	7prescription medication; (iii) a non-handled bag used to protect items from damaging or
39	39	8contaminating other purchased items; or (iv) a non-handled bag that is designed to be placed
40	40	9over articles of clothing on a hanger. 2 of 2
41	41	10 “Retail Establishment” shall mean any business facility that sells goods directly to the
42	42	11consumer whether for or not for profit, including but not limited to, retail stores, restaurants,
43	43	12pharmacies, convenience and grocery stores, liquor stores, and seasonal and temporary
44	44	13businesses.
45	45	14 SECTION 2. (a) Notwithstanding any general or special law to the contrary, any retail
46	46	15establishment which makes available checkout bags in the Town of Concord shall charge for
47	47	16each such bag equal to or greater than $0.10 per checkout bag, as established by regulations to be
48	48	17duly promulgated by the Town Manager or his/her designee.
49	49	18 (b) All monies collected pursuant to this section shall be retained by the retail
50	50	19establishment.
51	51	20 (c) Any charge for a checkout bag shall be separately stated on a receipt provided to the
52	52	21customer at the time of sale and shall be identified as the “checkout bag charge” thereon.
53	53	22 SECTION 3. (a) The Town Manager or his/her designee shall have authority to enforce
54	54	23this law and any regulations promulgated thereunder. This law may be enforced through any
55	55	24lawful means in law or in equity, including but not limited to, noncriminal disposition pursuant
56	56	25to G.L. c. 40 § 21D.
57	57	26 (b) The Town Manager or his/her designee may adopt and amend rules and regulations to
58	58	27effectuate the purposes of this law.
59	59	28 SECTION 4. If any provision of this law is declared to be invalid or unenforceable, the
60	60	29other provisions shall be severable and shall not be affected thereby.
61	61	30 SECTION 5. This act shall take effect three months after its passage.