Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2111 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. 744 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2111
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Danillo A. Sena
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 Acton to establish a minimum charge for a checkout bag.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Danillo A. Sena37th Middlesex1/17/2023 1 of 3
16	16	HOUSE DOCKET, NO. 744 FILED ON: 1/17/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2111
18	18	By Representative Sena of Acton, a petition (accompanied by bill, House, No. 2111) of Danillo
19	19	A. Sena (by vote of the town) that the town of Acton be authorized to establish a minimum
20	20	charge for checkout bags in said town. Municipalities and Regional Government. [Local
21	21	Approval Received.]
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 5012 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 Acton to establish a minimum charge for a checkout bag.
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 any type of bag, used by a retail establishment, or
36	36	5provided to its customer for:
37	37	6 1. prescription medications,
38	38	7 2. produce, bakery items, and other food items to keep such items fresh or unsoiled,
39	39	8 3. preventing frozen food items, including ice cream, from thawing, 2 of 3
40	40	9 4. containing products or items that are saturated, wet, prone to leak, or need to be
41	41	10immersed in a liquid,
42	42	11 5. containing products or items that are granular, powdery, dirty or greasy,
43	43	12 6. protecting an item from damage or contamination, or to protect a second item when
44	44	13both are carried together from the retail establishment,
45	45	14 7. protecting articles of clothing on a hanger,
46	46	15 8. items that contain any herbicide, pesticide, solvent, corrosive, automotive type fluid or
47	47	16other chemical, that can be harmful to public health, whether or not, the item is prepackaged in a
48	48	17sealed container or bag,
49	49	18 9. protecting small items from loss,
50	50	19 10. any item that requires the use of a certain type bag, under federal and state laws and
51	51	20regulations.
52	52	21 “Retail Establishment” shall mean any business facility that sells goods directly to the
53	53	22consumer whether for or not for profit, including but not limited to, retail stores, restaurants,
54	54	23pharmacies, convenience and grocery stores, liquor stores, and seasonal and temporary
55	55	24businesses.
56	56	25 SECTION 2.
57	57	26 (a) Notwithstanding any general or specific law to the contrary, any retail establishment
58	58	27which makes available checkout bags in the Town of Acton shall charge for each such bag a fee 3 of 3
59	59	28equal to or greater than $0.15 per checkout bag, as established by regulations to be duly
60	60	29promulgated by the Acton Board of Health.
61	61	30 (b) All monies collected pursuant to this section shall be retained by the retail
62	62	31establishment.
63	63	32 (c) Any charge for a checkout bag shall be separately stated on a receipt provided to the
64	64	33customer at the time of sale and shall be identified as the “checkout bag charge” thereon.
65	65	34 SECTION 3.
66	66	35 (a) The Health Agent for the Acton Board of Health or his/her designee shall have
67	67	36authority to oversee this Act and any regulations promulgated thereunder.
68	68	37 (b) The Acton Board of Health may adopt and amend rules and regulations to effectuate
69	69	38the purposes of this Act.
70	70	39 SECTION 4. If any provision of this Act is declared to be invalid or unenforceable, the
71	71	40other provisions shall be severable and shall not be affected thereby.
72	72	41 SECTION 5. This Act shall take effect three months after its passage.