Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H889 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. 2053 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 889
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David M. Rogers
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 improve plastic bottles and their recycling.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/18/2023Michelle M. DuBois10th Plymouth2/7/2023Margaret R. Scarsdale1st Middlesex2/9/2023 1 of 6
16	16	HOUSE DOCKET, NO. 2053 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 889
18	18	By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 889) of
19	19	David M. Rogers, Michelle M. DuBois and Margaret R. Scarsdale relative to the sale of single-
20	20	use beverage containers and the minimum content standard for plastic beverage containers.
21	21	Environment and Natural Resources.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 996 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act to improve plastic bottles and their recycling.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. The General Laws are hereby amended by inserting after chapter 21O the
33	33	2following chapter:
34	34	3 CHAPTER 21P.
35	35	4 IMPROVED PLASTIC BOTTLES AND INCREASED RECYCLING
36	36	5 Section 1. Definitions. As used in this chapter, the following words shall have the
37	37	6following meanings unless the context clearly requires otherwise:
38	38	7 A. “Beverage”, any of the following products prepared for immediate consumption
39	39	8and sold in a single-use container: 2 of 6
40	40	9 i. Beer and malt beverages; wine distilled spirit coolers; carbonated water and soda;
41	41	10noncarbonated water; carbonated soft drinks; noncarbonated soft drinks and ‘soft’ drinks; non-
42	42	11carbonated fruit drinks that contain any percentage of fruit juice and vegetable juice; coffee and
43	43	12tea drinks; carbonated fruit drinks; vegetable and fruit juice, sports drinks, fermented non-
44	44	13alcoholic drinks;
45	45	14 B. “Beverage cap”, a cap on any plastic beverage container that is made wholly or in
46	46	15large part from plastic;
47	47	16 C. “Plastic beverage container”, an individual, separate bottle, can, jar, carton, or
48	48	17other receptacle, however denominated, in which one liter or less of a beverage is sold, and that
49	49	18is constructed of plastic. “Beverage container” does not include a cup or other similar container
50	50	19open or loosely sealed receptacle;
51	51	20 D. “The Department” means the Department of Environmental Protection for the
52	52	21Commonwealth of Massachusetts;
53	53	22 E. “Plastic”, an organic or petroleum derivative synthetic or a semisynthetic organic
54	54	23solid that is moldable, and to which additives or other substances may have been added, with the
55	55	24exception of natural polymers that have not been chemically modified;
56	56	25 F. “Postconsumer recycled plastic” means plastic that would otherwise be destined
57	57	26for solid waste disposal, having completed its intended end-use and product life cycle;
58	58	27 G. “Product manufacturer” means any person, partnership, association, corporation
59	59	28or any other entity that, through its own action or through contract or control, is primarily 3 of 6
60	60	29responsible for causing a product to be produced that is held inside of a rigid plastic packaging
61	61	30container and sold or offered for sale in Massachusetts.
62	62	31 i. The Department shall consider the following factors in identifying a product
63	63	32manufacturer:
64	64	33 1. The ownership of the brand name of the product in the beverage container;
65	65	34 2. Primary control or influence over the design of the product in the beverage
66	66	35container;
67	67	36 3. Primary control or influence over the design specifications of the beverage
68	68	37container;
69	69	38 ii.Any entity that has a legally recognized corporate relationship (i.e.
70	70	39parent/subsidiary or affiliate relationship) with a product manufacturer shall be allowed to
71	71	40assume the responsibilities of the product manufacturer as they relate to the requirements of this
72	72	41Act.
73	73	42 H. “Retailer” means a person who sells a beverage in a beverage container to a
74	74	43consumer;
75	75	44 I. “Single use”, means intended for disposal after one use and used for serving or
76	76	45transporting a prepared, ready-to-consume product, and is not intended for multiple trips or
77	77	46rotations by being returned to the producer for refill or reused for the same purpose for which it
78	78	47was conceived.
79	79	48 Section 2. Prohibition. 4 of 6
80	80	49 A. On and after January 1, 2024, a retailer shall not sell or offer for sale, in the state,
81	81	50a single-use beverage container with a beverage cap, unless the container meets one of the
82	82	51following conditions:
83	83	52 i. The beverage cap is tethered to the container in a manner that prevents the
84	84	53separation of the cap from the container when the cap is removed from the container;
85	85	54 ii.The beverage cap includes an opening from which the beverage can be consumed
86	86	55while the cap is screwed onto or otherwise contiguously affixed to the container;
87	87	56 B. Metal caps or lids with plastic seals shall not be considered to be made from
88	88	57plastic. Glass and metal beverage containers that have caps and lids made from plastic shall not
89	89	58be included in this act;
90	90	59 Section 3. Minimum Recycled Content for Plastic Beverage Containers.
91	91	60 A. On and after January 1, 2024, a beverage container that is constructed from plastic
92	92	61shall have a minimum content standard of 15 percent postconsumer recycled plastic. The
93	93	62department may adjust the standards based on factors that shall include, but are not limited to, all
94	94	63the following factors:
95	95	64 i. Market conditions;
96	96	65 ii.Supply;
97	97	66 iii.Technology advancements;
98	98	67 iv.Environmental considerations; 5 of 6
99	99	68 B. A beverage container that is reused and refilled at least five times is exempt from
100	100	69compliance with subdivision (A);
101	101	70 C. On and after January 1, 2025, the initial minimum content standard set pursuant to
102	102	71subdivision (A) shall not restrict the department’s ability to adjust the minimum content standard
103	103	72for plastic beverage containers, but the department shall not adjust that minimum content
104	104	73standard to less than 15 percent;
105	105	74 D. On and after January 1, 2026, the initial minimum content standard for plastic
106	106	75beverage containers set pursuant to subdivision (A) shall be increased to 20 percent. Pursuant to
107	107	76subdivision (C), the department may adjust the minimum content standard for plastic beverage
108	108	77containers, but the department shall not adjust that minimum content standard to less than 20
109	109	78percent;
110	110	79 E. On and after January 1, 2027, the initial minimum content standard for plastic
111	111	80beverage containers set pursuant to subdivision (A) shall be increased to 25 percent. Pursuant to
112	112	81subdivision (C), the department may adjust the minimum content standard for plastic beverage
113	113	82containers, but the department shall not adjust that minimum content standard to less than 25
114	114	83percent;
115	115	84 F. A product manufacturer which produces plastic beverage containers shall submit
116	116	85certification to the Department, under penalty of perjury, verifying whether it is in compliance
117	117	86with subdivision (a), if requested by the Department.
118	118	87 Section 4. Enforcement of Minimum Recycled Content for Plastic Beverage Containers. 6 of 6
119	119	88 A. Non-compliance shall be considered a public offense, and the Department may
120	120	89place fines of up to $100,000 on any product manufacturer found to be below the 15 percent
121	121	90postconsumer recycled content threshold for plastic beverage containers;
122	122	91 B. Any product manufacturer who provides false information on a certification of
123	123	92compliance to the Department may be prosecuted for fraud by the state attorney general.