Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H768 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3861 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 768
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michelle L. Ciccolo
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 to ensure plastic bottle recycling.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	HOUSE DOCKET, NO. 3861 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 768
18	18	By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 768) of
19	19	Michelle L. Ciccolo and others relative to plastic bottle recycling. Environment and Natural
20	20	Resources.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act to ensure plastic bottle recycling.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Definitions
30	30	2 In this Act, these words are defined as follows:
31	31	3 (A) “Recycle” means the series of activities by which a covered product is (i) collected,
32	32	4sorted, and processed; (ii) converted into a raw material with minimal loss of material quality,
33	33	5and (iii) used in the production of a new product, including the original product.
34	34	6 (B) The term "recycle" does not include:
35	35	7 (i) the method of sorting, processing, and aggregating materials from solid waste that
36	36	8does not preserve the original material quality, and, as a result, the aggregated material is no
37	37	9longer usable for a substantially similar product, and can only be used for inferior purposes or
38	38	10products (commonly referred to as ‘downcycling’), 2 of 4
39	39	11 (ii) the use of waste a) as a fuel or fuel substitute; b) for energy production; c) for
40	40	12repurposing into infrastructure, including pavement and construction materials,
41	41	13 (iii) the conversion of waste into alternative products, such as chemicals, feedstocks,
42	42	14fuels, and energy, through incineration, pyrolysis, methanolysis, gasification, solvolysis,
43	43	15molecular or advanced recycling, or a similar technology determined by the Agency.
44	44	16 SECTION 2.
45	45	17 (A) Two years after the passage of this act, the total number of plastic beverage
46	46	18containers filled with a beverage sold by a beverage manufacturer subject to The Beverage
47	47	19Container Recovery Law, M.G.L. Chapter 94, Sections 321-327, for sale in the Commonwealth
48	48	20of Massachusetts shall, on average, contain no less than 15 percent postconsumer recycled
49	49	21plastic per year.
50	50	22 (B) Five years after the passage of this act, the total number of plastic beverage
51	51	23containers filled with a beverage sold by a beverage manufacturer subject to The Beverage
52	52	24Container Recovery Law, M.G.L. Chapter 94, Sections 321-327, for sale in the Commonwealth
53	53	25of Massachusetts shall, on average, contain no less than 25 percent postconsumer recycled
54	54	26plastic per year.
55	55	27 (C) Eight years after the passage of this act, the total number of plastic beverage
56	56	28containers filled with a beverage sold by a beverage manufacturer subject to The Beverage
57	57	29Container Recovery Law, M.G.L. Chapter 94, Sections 321-327, for sale in the Commonwealth
58	58	30of Massachusetts shall, on average, contain no less than 50 percent postconsumer recycled
59	59	31plastic per year. 3 of 4
60	60	32 SECTION 3.
61	61	33 (a) On or before March 1 of each year, a manufacturer of a beverage sold in a plastic
62	62	34beverage container subject to The Beverage Container Recovery Law, M.G.L. Chapter 94,
63	63	35Sections 321-327 shall report to the Department of Environmental Protection of the
64	64	36Commonwealth of Massachusetts (hereafter referred to as “the Department”) the amount in
65	65	37pounds and by resin type of virgin plastic and postconsumer recycled plastic used by the
66	66	38manufacturer for plastic beverage containers subject to the The Beverage Container Recovery
67	67	39Law, M.G.L. Chapter 94, Sections 321-327 for sale in the Commonwealth in the previous
68	68	40calendar year. The manufacturer shall submit this information to the Department under penalty
69	69	41of perjury pursuant to standardized forms in the form and manner prescribed by the Department.
70	70	42 (b) On or before March 1 of the second year after the passage of this act, and annually
71	71	43thereafter, a plastic material reclaimer shall report to the Department the amount in pounds and
72	72	44by resin type of empty plastic beverage containers subject to The Beverage Container Recovery
73	73	45Law, M.G.L. Chapter 94, Sections 321-327, that the plastic material reclaimer has collected and
74	74	46sold in the previous calendar year. The report shall specify the amount in pounds and by resin
75	75	47type of empty plastic containers sold in the Commonwealth for beverage processing. The plastic
76	76	48material reclaimer shall submit this information to the Department under penalty of perjury
77	77	49pursuant to standardized forms in the form and manner prescribed by the Department.
78	78	50 (c) On or before March 1 of the second year after the passage of this act, and annually
79	79	51thereafter, a manufacturer of postconsumer recycled plastic shall report to the Department the
80	80	52amount in pounds of food-grade flake, pellet, sheet, fines, or other forms that were sold in the
81	81	53previous calendar year and their capacity to produce food-grade material. The report shall 4 of 4
82	82	54specify the amount in pounds of material that meets beverage manufacturer specifications for
83	83	55bottle-grade material. The report shall include the amount in pounds of food-grade material sold
84	84	56in the state for beverage processing. The manufacturer shall submit this information to the
85	85	57Department under penalty of perjury pursuant to standardized forms in the form and manner
86	86	58prescribed by the Department.
87	87	59 (d) The Department shall post the information reported pursuant to subdivision (a) within
88	88	6045 days on the Department’s internet website.
89	89	61 (e) This section does not apply to a refillable plastic beverage container.
90	90	62 SECTION 4.
91	91	63 This law shall not apply to rigid plastic containers or rigid plastic bottles that are medical
92	92	64devices, medical products that are required to be sterile, prescription medicine, or packaging
93	93	65used for those products.