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HOUSE DOCKET, NO. 3981 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 882
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Edward R. Philips
_________________
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 relative to the reduction of plastics.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Edward R. Philips8th Norfolk1/20/2023Margaret R. Scarsdale1st Middlesex2/11/2023Jason M. LewisFifth Middlesex2/24/2023David Henry Argosky LeBoeuf17th Worcester2/24/2023Natalie M. Higgins4th Worcester2/24/2023Jack Patrick Lewis7th Middlesex3/14/2023 1 of 11
HOUSE DOCKET, NO. 3981 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 882
By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 882) of
Edward R. Philips and others relative to the reduction of plastics. Environment and Natural
Resources.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to the reduction of plastics.
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. The General Laws are hereby amended by inserting after chapter 21O the
2following chapter:-
3 CHAPTER 21P: MASSACHUSETTS PLASTICS REDUCTION ACT
4 Section 1. As used in this chapter, the following words shall have the following meanings
5unless the context clearly requires otherwise:
6 “Biodegradable”, made entirely of organic materials, including wood, paper, bagasse and
7cellulose.
8 “Carryout bag”, a bag provided to a customer to hold items purchased from or serviced
9by a retail establishment. A carryout bag does not include a bag: (i) provided by a pharmacy to a
10customer purchasing prescription medication; (ii) used to protect items from damaging or
11contaminating other purchased items placed in a recycled paper bag or a reusable grocery bag; 2 of 11
12(iii) provided to contain an unwrapped food item; (iv) used to protect articles of clothing on a
13hanger; (v) used to prevent frozen food items from thawing; (vi) containing products or items
14that are saturated, wet, prone to leak or need to be immersed in a liquid; (vii) containing products
15or items that are granular, powdery, dirty or greasy; or (viii) used to protect small items from
16loss.
17 “Compostable”, made entirely of material capable of being broken down or decomposed
18at the end of its useful life into a beneficial soil amendment or conditioner. Composting shall not
19include thermochemical processing.
20 “Department”, the department of environmental protection.
21 “Disposable”, designed to be discarded after a single or limited number of uses and not
22designed or manufactured for long-term multiple reuse.
23 “Food facility”, an operation that stores, prepares, packages, serves, vends, or otherwise
24provides food to the public for human consumption, regardless of the intended location of such
25consumption.
26 “Food service ware”, disposable products used for serving or transporting foods or
27beverages for human consumption, including without limitation plates, bowls, trays, cups,
28cartons, hinged or lidded containers, straws, stirrers, cup spill plugs, cup sleeves, condiments
29containers, utensils, cocktail sticks/picks, toothpicks, film wrap, and napkins. Food service ware
30does not include detachable lids for beverage cups or food containers, coolers or ice chests.
31 “Person”, an individual, partnership, trust, association, corporation, society, club,
32institution, organization or other entity. 3 of 11
33 “Postconsumer recycled material”, material used in a recycled paper bag that would
34otherwise be destined for solid waste disposal, having completed its intended end use and
35product life cycle, and that does not comprise any material or byproduct generated from, and
36commonly reused within, an original manufacturing and fabrication process.
37 “Recycle”, to separate, dismantle, or process the materials, components or commodities
38in covered materials for the purpose of preparation for use or reuse in new products or
39components. Recycling shall not include energy recovery or energy generation by means of
40combustion including but not limited to pyrolysis, gasification and any other heat chemical
41conversion processes, landfill disposal of discovered covered products, or discarded product
42component materials.
43 “Recycled paper bag”, a paper bag that is 100 per cent recyclable and contains at least 20
44per cent postconsumer recycled material; provided, however, that a paper bag with a weight load
45capacity of more than 8 pounds shall contain at least 40 per cent postconsumer recycled material.
46 “Retail establishment”, a store or premises in which a person is engaged in the business
47of selling or providing merchandise, goods, foods, or item servicing directly to customers,
48including, but not limited to, grocery stores, department stores, pharmacies, convenience stores,
49restaurants, coffee shops, food trucks and other mobile businesses, and seasonal and temporary
50businesses, such as farmers markets and public markets; provided, however, that a “retail
51establishment” shall include a non-profit organization, charity or religious institution that holds
52itself out to the public as engaging and does engage in retail activities that are characteristic of
53similar type retail businesses, whether or not for profit when engaging in such activity. 4 of 11
54 “Reusable bag”, a bag that: is made of machine-washable cloth, fabric, hemp or other
55woven or non-woven fibers; has handles that are stitched and not heat-fused; and is designed and
56manufactured for multiple uses. A bag made of plastic film of any thickness is not a reusable
57bag.
58 “Serviced” or “Servicing”, the past or present act of cleaning, repairing, improving,
59refinishing or altering an item owned by a customer by a person engaged in a retail business of
60customarily providing such services, including, but not limited to, dry cleaning and tailoring
61articles of clothing, jewelry repair and shoe and leather repair.
62 Section 2. (a) A retail establishment shall not provide a customer with a carryout bag
63unless such carryout bag is a recycled paper bag or a reusable bag; provided, however, that a
64retail establishment shall charge a customer not less than ten cents per carryout bag; and
65provided further, that a carryout bag purchased under this section shall not be subject to taxation
66pursuant to chapter 64H or 64I.
67 (b) A retail establishment shall remit five cents per recycled paper bag sold to the
68commissioner of revenue at the same time and in the same manner as sales taxes are due to the
69commonwealth. The department of revenue may promulgate regulations to facilitate the
70collection of the fee set forth in this subsection.
71 (c) Except as provided in subsection (b), a retail establishment shall retain amounts
72charged to customers for carryout bags.
73 (d) Nothing in this section shall prohibit: (i) a customer from bringing a personal bag
74made or comprised of any material to a retail establishment to carry out items purchased from or
75serviced by the retail establishment; or (ii) a retail establishment from selling or offering for sale 5 of 11
76to customers packages containing several bags, products or goods with a protective or other bag
77received from a manufacturer or distributor, or bags offered for sale as a product or merchandise
78that are not carryout bags.
79 (e) This section shall not apply to bags otherwise required to be used under state or
80federal law or a nonprofit organization, charity or religious institution in the provision or
81distribution of food, clothing or other items at no cost or substantially reduced cost.
82 (f) A retail establishment that violates this section shall be subject to a warning for a first
83violation, a civil penalty of not more than $500 for a second violation and a civil penalty of not
84more than $1,000 for a third or subsequent violation. Each day a retail establishment is in
85violation of this section shall be considered a separate violation.
86 (g) Upon attestation to the department confirming satisfaction of the criteria set forth in
87this subsection, this section shall not apply to retail establishments with not more than 3 store
88locations under the same ownership; provided, however, that each location has not more than
894,000 square feet of retail selling space and not more than 15 employees; and provided further,
90that the retail establishment provided fewer than 15,000 carryout bags in total during the
91previous calendar year. Retail establishments exempt under this subsection shall not be
92prohibited from offering carryout bags for sale.
93 Section 3. (a) A food facility shall not provide a customer with disposable food service
94ware unless such food service ware is biodegradable or compostable; provided, however, that
95drinking straws that are not biodegradable or compostable may be provided to a customer by the
96customer. 6 of 11
97 (b) A food facility may charge a customer a fee for disposable food service ware;
98provided, however, that any such fee charged pursuant to this section shall not be subject to
99taxation pursuant to chapter 64H or 64I; and provided further, that a food facility charging a fee
100pursuant to this section shall retain the entirety of any such fee charged.
101 (c) A food facility that violates this section shall be subject to a warning for a first
102violation, a civil penalty of not more than $250 for a second violation and a civil penalty of not
103more than $500 for a third and each subsequent violation. Each day a food facility is in violation
104of this section shall be considered a separate violation.
105 Section 4. The department shall establish a program to provide for recycling of child
106passenger restraints, as defined in section 1 of chapter 90, and is hereby authorized to: (i)
107implement state, local, or regional child passenger restraint recycling programs; (ii) accept
108applications from municipalities for grants and to award grants to assist in the development or
109establishment of local and regional child passenger restraint recycling projects; and (iii) to
110partner or contract with private organizations to assist in the development or establishment of a
111child passenger restraint recycling program.
112 Section 5. No retail establishment shall sell or otherwise provide to a consumer alcoholic
113beverages in plastic containers less than or equal to 100 milliliters. A retail establishment that
114violates this section shall be subject to a warning for a first violation, a civil penalty of not more
115than $150 for a second violation and a civil penalty of not more than $300 for a third and each
116subsequent violation. Each day a retail establishment is in violation of this section shall be
117considered a separate violation. 7 of 11
118 Section 6. (a) No retail establishment shall sell or otherwise provide to a consumer plastic
119bottles containing 1 liter or less of non-carbonated, non-flavored water, except as may be
120required for safety, health, or emergency situations. A retail establishment that violates this
121section shall be subject to a warning for a first violation, a civil penalty of not more than $150 for
122a second violation and a civil penalty of not more than $300 for a third and each subsequent
123violation. Each day a retail establishment is in violation of this section shall be considered a
124separate violation.
125 (b) State funds shall not be used to purchase plastic bottles containing 64 ounces or less
126of non-carbonated, non-flavored water for use in facilities that are served by public water
127supplies or potable well water, except as may be required for safety, health, or emergency
128situations.
129 Section 7. No ordinance, by-law or other rule or regulation inconsistent with the
130provisions of this chapter may be adopted, promulgated or otherwise effectuated.
131 Section 8. The department shall conduct an annual assessment of packaging production
132and sales in the commonwealth. The assessment shall include, without limitation: the volume of
133packaging made from plastics, metals, newsprint and other paper, glass, and other material
134produced or sold in the commonwealth, delineated by material; the percentage of such packaging
135deposited into a waste management stream, including recycling and composting, delineated by
136material and waste management stream type; and of the packaging deposited into a waste
137management stream, the percentage of recyclable or compostable material actually recycled or
138composted, delineated by material. The department shall submit a report summarizing the
139assessment to the senate and house committees on ways and means and the joint committee on 8 of 11
140the environment, natural resources and agriculture not later than January 31 of each year for the
141preceding calendar year. The department shall also provide access to the raw data of the
142assessment. Each report and data set shall be a public record.
143 Section 9. Except as otherwise provided, the department shall promulgate regulations to
144implement the provisions of this chapter. The department may promulgate regulations to
145increase: (i) the minimum postconsumer recycled material required for recycled paper bags; and
146(ii) the fee established in subsection (b) of section 2.
147 SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting after
148section 2QQQQQ the following section:-
149 Section 2RRRRR. (a) There shall be an Environmental Protection Trust Fund. The fund
150shall be expended to: improve the air, water, soil, or other environmental conditions for
151environmental justice populations, as defined by section 62 of chapter 30; provide reusable bags
152to environmental justice populations and individuals receiving benefits administered by the
153department of transitional assistance at no cost; issue grants to small businesses that are
154incorporated and have principal places of business in the commonwealth to assist in the
155reduction of plastic use within each business, including without limitation small businesses in the
156food service and production industries; and provide multilingual, culturally competent
157educational materials and programming, including but not limited to experiential education,
158regarding bag reuse and recycling and other aspects of environmental protection. The fund shall
159consist of: (i) revenue from appropriations or other money authorized by the general court and
160specifically designated to be credited to the fund; (ii) interest earned on such revenues; (iii) funds
161from public and private sources, including but not limited to gifts, grants, donations, and 9 of 11
162settlements received by the commonwealth that are specifically designated to be credited to the
163fund; (iv) federal funds paid to the commonwealth designated to be credited to the fund; and (v)
164monies paid to the commonwealth pursuant to chapter 21P. Any bond proceeds deposited into
165the fund shall be kept separate from any and all other funds deposited into the fund. Any balance
166in the fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal
167years and shall not be transferred to any other fund or revert to the general fund.
168 (b) The department of environmental protection shall administer the fund. Annually not
169later than March 1, the department shall report on the activities of the fund from the previous
170calendar year to the senate and house committees on ways and means and the joint committee on
171environment, natural resources and agriculture. The department may promulgate regulations or
172issue other guidance to implement this section. The department shall consult with the department
173of transitional assistance to equitably implement the provision of no-cost reusable bags as set
174forth in subsection (a). The department shall consult with the Massachusetts growth capital
175corporation to equitably implement the provision of grants to small businesses to assist in the
176reduction of plastic use.
177 SECTION 3. The department of environmental protection shall prepare a plan to
178establish comprehensive publicly accessible statewide composting. The plan shall be designed to
179increase the rate at which food and organic waste is composted and reduce the contamination of
180waste and recycling streams by compostable materials. Not later than August 31, 2024, the
181department shall submit to the senate and house committees on ways and means and the joint
182committee on the environment, natural resources and agriculture a report stating the plan and
183indicating any resources necessary to implement the plan. Subject to appropriation, the
184department shall implement the plan by December 31, 2025. 10 of 11
185 SECTION 4. There shall be a special legislative commission for the purpose of
186recommending to the legislature an extended producer responsibility plan for the commonwealth.
187The commission shall include the commissioner of the department of environmental protection
188or a designee, who shall serve as chair; the commissioner of the department of agricultural
189resources, or a designee; the director of the office of business development, or a designee; an
190appointee of the attorney general with expertise in consumer protection; an appointee of the
191senate chair of the joint committee on environment, natural resources and agriculture; an
192appointee of the house chair of the joint committee on environment, natural resources and
193agriculture; and additional individuals appointed by the chair who represent packaging
194producers, retailers, waste haulers, material recovery facility operators, municipalities, food
195producers, farmers, statewide environmental protection organizations, statewide or community
196environmental justice organizations, regional or community environmental protection
197organizations, freshwater and marine litter programs, regional waste management entities, and
198environmental and human health scientists. Each commission member may represent only 1
199listed category and the chair shall ensure that no category is disproportionately represented on
200the commission. The chair may select a third-party facilitator for the commission. The
201commission shall use the initial assessment report required by section 8 of chapter 21P of the
202General Laws in crafting its recommended extended producer responsibility plan. The
203recommended plan shall include a material cost differentiation system; a proposed structure for
204producer payments and collector reimbursements; net costs of residential curbside collection or
205transfer station operations, on-site processing costs for each readily recyclable material type,
206management costs of non-readily recyclable materials, and other cost factors; and methods of
207incentivizing packaging production and waste stream contamination reduction, which may 11 of 11
208include reuse and lifespan extensions. Not later than December 2, 2024, the commission shall
209submit its recommendations and related factual findings to the senate and house committees on
210ways and means and the joint committee on the environment, natural resources and agriculture
211and publish said recommendations and related factual findings on the website of the department
212of environmental protection.
213 SECTION 5. Except as otherwise provided herein, the provisions of this act shall take
214effect on August 1, 2024.
215 SECTION 6. Section 3 of chapter 21P of the General Laws shall take effect on
216September 1, 2026.
217 SECTION 7. Subsection (g) of section 2 of chapter 21P of the General Laws is hereby
218repealed.
219 SECTION 8. Section 7 shall take effect on September 1, 2026.