Massachusetts 2023 2023-2024 Regular Session

Massachusetts House Bill H780 Introduced / Bill

Filed 02/16/2023

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HOUSE DOCKET, NO. 4052       FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 780
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Michael S. Day
_________________
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 increase access to recycling.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Michael S. Day31st Middlesex1/20/2023 1 of 4
HOUSE DOCKET, NO. 4052       FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 780
By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 780) of 
Michael S. Day for legislation to increase access to recycling in the Commonwealth. 
Environment and Natural Resources.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 876 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to increase access to 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 “Recyclable” or “Recyclable Material” means a material that has the potential to be 
2recycled and which is pre-sorted Such materials shall 	include but are not limited to: 1) 
3containers, films and wraps made from metal, glass, plastic or paper and 2) newspaper, office 
4paper, cardboard and other grades of paper. 
5 “Recycle” or “Recycling” means to recover materials or by-products which are: reused, 
6used as an ingredient or a feedstock in an industrial or manufacturing process to make a 
7marketable product: or use in a particular function or application as an effective substitute for a 
8commercial product or commodity. “Recycle” or “Recycling” does not mean to recover energy 
9from the combustion of material.  2 of 4
10 Recyclable or Recyclable Material means a material that has the potential to be recycled 
11and
12 which is pre-sorted. Recyclable material includes biodegradable paper, but does not 
13include:
14 (a) organic materials that will be composted or converted; or
15 (b) construction and demolition waste unless it has been separated and kept separate into
16 at least the following categories: asphalt, brick and concrete; ceiling tiles; wood; metals;
17 plaster and wallboard; roofing materials; and carpet.
18 Recycle or Recycled means to recover materials or by-products which will be:
19 (a) reused;
20 (b) used as an ingredient or a feedstock in an industrial or manufacturing process to make
21 a marketable product; or
22 (c) used in a particular function or application as an effective substitute for a commercial
23 product or commodity.
24 Recycle does not mean to recover energy from the combustion of a material or to create a 
25fuel.
26 Recycle does not include composting or conversion.
27 Restricted Material means any material subject to a waste restriction at a solid waste 3 of 4
28 management facility pursuant to 310 CMR 19.017(3).
29 Post-consumer Recyclables means the following materials which have served their 
30intended end
31 use and have been pre-sorted:
32 (a) containers, films and wraps and other forms of packaging made from metal, glass,
33 plastic or paper; and
34 (b) newspaper, office paper, cardboard and other grades of paper.
35 “Transport” means the movement, by vessel or carrier, of solid waste from the point of 
36generation to ultimate disposal, or any intermediate point for storage, reuse, treatment, or 
37recycling.
38 Chapter 21H of the General Law is hereby amended by inserting the following section 
39after Section 8.
40 SECTION 9: In order to reduce solid waste and its associated management and disposal 
41costs, protect the environment and provide citizens increased access to recycling, all cities and 
42towns in the Commonwealth providing curbside waste removal are required to also provide 
43curbside pickup of recyclable material. All cities and towns in the Commonwealth providing a 
44site or facility for waste drop-off are required to offer recycling at that site or facility.
45 All materials set aside for recycling or placed in recycling containers shall be delivered to 
46recycling facilities. No person who transports solid waste shall knowingly mix recyclable 
47materials with solid waste destined for a solid waste transfer station or disposal facility. No  4 of 4
48person who transports solid waste shall knowingly transport recyclable materials, whether mixed 
49with solid waste or pre-sorted, to a solid waste disposal facility or to a solid waste transfer 
50station. 
51 All persons providing solid waste collection services in the Commonwealth of 
52Massachusetts shall also provide: single stream or dual stream recycling collection services to all 
53of their Massachusetts single-family and multi-family residential customers and all of their 
54commercial customers, including delivery of a container or containers for the purpose of storage 
55and collection of recyclables that is adequately sized for the customer’s use such that recycling is 
56encouraged and disposal of recyclables is discouraged. The recyclables collection service shall 
57be provided at a frequency of not less than once every other week.