Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H888 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 1776       FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 888
The Commonwealth of Massachusetts
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PRESENTED BY:
David M. Rogers
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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 incentivize the reduction of residential waste disposal.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/18/2023Margaret R. Scarsdale1st Middlesex2/13/2023 1 of 3
HOUSE DOCKET, NO. 1776       FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 888
By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 888) of 
David M. Rogers and Margaret R. Scarsdale relative to residential solid waste disposal and the 
implementation of mandatory reporting standards for cities and towns.  Environment and Natural 
Resources.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 997 OF 2021-2022.]
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 incentivize the reduction of residential waste disposal.
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 [Commissioner of Commonwealth of Massachusetts’ Department of 
2Environmental Protection (“the Department”)] shall establish performance standards for the 
3reduction of residential municipal solid waste, as described below, to achieve the purposes of the 
4[Commonwealth’s Solid Waste Master Plan and Greenhouse Gas Reduction Plan] and to protect 
5the natural environment, preserve resources, achieve progress toward the [Commonwealth's] 
6goals to reduce greenhouse gases, save municipalities money, and create green jobs in the 
7commonwealth. The performance standards shall be promulgated by July 1, 2023. 
8 SECTION 2. The Department shall establish performance standards for mandatory 
9reporting of residential municipal solid waste with the goal of the ultimate reduction of solid  2 of 3
10waste on the basis of pounds per capita disposed for any resident who receives solid waste 
11services from the municipality. By June 30 of each year, the municipality shall report to the 
12Department as per standards set by the Commissioner all required waste data for the prior 
13calendar year. At a bare minimum, the municipality shall report how many tons of solid waste 
14were disposed of by served residential units, and the total population served. The first reports 
15shall be due from municipalities by June 30, 2024.
16 SECTION 3. If residents are disposing of more than 500 pounds per capita of waste per 
17year in a given municipality, that municipality shall be required to adopt a cost saving waste 
18reduction program within a year. That program may be any program that incentivizes waste 
19reduction or diversion and best complies with the Zero Waste International Alliance standard, 
20i.e., “The conservation of all resources by means of responsible production, consumption, reuse, 
21and recovery of all products, packaging, and materials, without burning them, and without 
22discharges to land, water, or air that threaten the environment or human health.”
23 SECTION 4. If the Department makes a determination that a city or town has not met the 
24municipal solid waste reporting or implementation standards prescribed by the Department by 
25July 1, 2021, that city or town shall submit a report to the department setting forth the reasons 
26that the town did not meet the standards and detailing a plan to achieve the performance 
27standards by September 30, 2021. The Department shall issue a report on the municipal solid 
28waste programs not later than December 1 of each year that provides per capita solid waste 
29disposal statistics for the municipal solid waste programs and shall file the report with the clerks 
30of the senate and house of representatives and the senate and house chairs of the joint committee 
31on environment, natural resources and agriculture. The report may disaggregate solid waste  3 of 3
32tonnage information to highlight categories of waste, including waste that is beyond the control 
33of a city or town such as waste created as a result of a natural disaster.
34 SECTION 5. If the Department makes a determination that the cities and towns of the 
35Commonwealth have not reduced their residential waste per capita to less than 500 pounds on 
36average per person for all individuals served by residential municipal solid waste programs in the 
37Commonwealth by July 31, 2025, the Department shall be empowered to promulgate regulations 
38instituting a statewide program incentivizes waste reduction or diversion and best complies with 
39the Zero Waste International Alliance standard, i.e., “The conservation of all resources by means 
40of responsible production, consumption, reuse, and recovery of all products, packaging, and 
41materials, without burning them, and without discharges to land, water, or air that threaten the 
42environment or human health.” Furthermore, if future municipal reporting indicates that the 
43average residential solid waste disposed of per capita increases above 500 pounds per person per 
44year, the Commonwealth shall also promulgate regulations as described in this paragraph.