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HOUSE DOCKET, NO. 3861 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 768
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Michelle L. Ciccolo
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to ensure plastic bottle recycling.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle L. Ciccolo15th Middlesex1/20/2023Vanna Howard17th Middlesex2/3/2023Joanne M. ComerfordHampshire, Franklin and Worcester3/8/2023Lindsay N. Sabadosa1st Hampshire3/8/2023Brian W. Murray10th Worcester3/8/2023 1 of 4
HOUSE DOCKET, NO. 3861 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 768
By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 768) of
Michelle L. Ciccolo and others relative to plastic bottle recycling. Environment and Natural
Resources.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to ensure plastic bottle recycling.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Definitions
2 In this Act, these words are defined as follows:
3 (A) “Recycle” means the series of activities by which a covered product is (i) collected,
4sorted, and processed; (ii) converted into a raw material with minimal loss of material quality,
5and (iii) used in the production of a new product, including the original product.
6 (B) The term "recycle" does not include:
7 (i) the method of sorting, processing, and aggregating materials from solid waste that
8does not preserve the original material quality, and, as a result, the aggregated material is no
9longer usable for a substantially similar product, and can only be used for inferior purposes or
10products (commonly referred to as ‘downcycling’), 2 of 4
11 (ii) the use of waste a) as a fuel or fuel substitute; b) for energy production; c) for
12repurposing into infrastructure, including pavement and construction materials,
13 (iii) the conversion of waste into alternative products, such as chemicals, feedstocks,
14fuels, and energy, through incineration, pyrolysis, methanolysis, gasification, solvolysis,
15molecular or advanced recycling, or a similar technology determined by the Agency.
16 SECTION 2.
17 (A) Two years after the passage of this act, the total number of plastic beverage
18containers filled with a beverage sold by a beverage manufacturer subject to The Beverage
19Container Recovery Law, M.G.L. Chapter 94, Sections 321-327, for sale in the Commonwealth
20of Massachusetts shall, on average, contain no less than 15 percent postconsumer recycled
21plastic per year.
22 (B) Five years after the passage of this act, the total number of plastic beverage
23containers filled with a beverage sold by a beverage manufacturer subject to The Beverage
24Container Recovery Law, M.G.L. Chapter 94, Sections 321-327, for sale in the Commonwealth
25of Massachusetts shall, on average, contain no less than 25 percent postconsumer recycled
26plastic per year.
27 (C) Eight years after the passage of this act, the total number of plastic beverage
28containers filled with a beverage sold by a beverage manufacturer subject to The Beverage
29Container Recovery Law, M.G.L. Chapter 94, Sections 321-327, for sale in the Commonwealth
30of Massachusetts shall, on average, contain no less than 50 percent postconsumer recycled
31plastic per year. 3 of 4
32 SECTION 3.
33 (a) On or before March 1 of each year, a manufacturer of a beverage sold in a plastic
34beverage container subject to The Beverage Container Recovery Law, M.G.L. Chapter 94,
35Sections 321-327 shall report to the Department of Environmental Protection of the
36Commonwealth of Massachusetts (hereafter referred to as “the Department”) the amount in
37pounds and by resin type of virgin plastic and postconsumer recycled plastic used by the
38manufacturer for plastic beverage containers subject to the The Beverage Container Recovery
39Law, M.G.L. Chapter 94, Sections 321-327 for sale in the Commonwealth in the previous
40calendar year. The manufacturer shall submit this information to the Department under penalty
41of perjury pursuant to standardized forms in the form and manner prescribed by the Department.
42 (b) On or before March 1 of the second year after the passage of this act, and annually
43thereafter, a plastic material reclaimer shall report to the Department the amount in pounds and
44by resin type of empty plastic beverage containers subject to The Beverage Container Recovery
45Law, M.G.L. Chapter 94, Sections 321-327, that the plastic material reclaimer has collected and
46sold in the previous calendar year. The report shall specify the amount in pounds and by resin
47type of empty plastic containers sold in the Commonwealth for beverage processing. The plastic
48material reclaimer shall submit this information to the Department under penalty of perjury
49pursuant to standardized forms in the form and manner prescribed by the Department.
50 (c) On or before March 1 of the second year after the passage of this act, and annually
51thereafter, a manufacturer of postconsumer recycled plastic shall report to the Department the
52amount in pounds of food-grade flake, pellet, sheet, fines, or other forms that were sold in the
53previous calendar year and their capacity to produce food-grade material. The report shall 4 of 4
54specify the amount in pounds of material that meets beverage manufacturer specifications for
55bottle-grade material. The report shall include the amount in pounds of food-grade material sold
56in the state for beverage processing. The manufacturer shall submit this information to the
57Department under penalty of perjury pursuant to standardized forms in the form and manner
58prescribed by the Department.
59 (d) The Department shall post the information reported pursuant to subdivision (a) within
6045 days on the Department’s internet website.
61 (e) This section does not apply to a refillable plastic beverage container.
62 SECTION 4.
63 This law shall not apply to rigid plastic containers or rigid plastic bottles that are medical
64devices, medical products that are required to be sterile, prescription medicine, or packaging
65used for those products.