Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H891 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2525 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 891
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 require transparency and disclosure by materials recovery facilities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/19/2023James K. Hawkins2nd Bristol1/27/2023Mathew J. Muratore1st Plymouth2/10/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/15/2023Paul McMurtry11th Norfolk3/10/2023 1 of 5
16	16	HOUSE DOCKET, NO. 2525 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 891
18	18	By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 891) of
19	19	David M. Rogers and others for legislation to further regulate solid waste facilities. Environment
20	20	and Natural 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 require transparency and disclosure by materials recovery facilities.
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. Chapter 21H of the Massachusetts General Laws is hereby amended by
30	30	2inserting after Section 8 the following section:-
31	31	3
32	32	4 Section 9. Materials Recovery Facility Disclosure and Transparency
33	33	5
34	34	6 (a) Definitions:
35	35	7
36	36	8 “Actual Value”, shall mean price of commodities as determined by a Materials Recovery
37	37	9Facility which is not based on a commodities index
38	38	10 2 of 5
39	39	11 “Average Market Value” or “AMV”, shall mean the sum of the percentage of each
40	40	12commodity and contamination as determined by commodity composition multiplied by its index
41	41	13value or actual value
42	42	14
43	43	15 “Commodity Composition”, shall mean the relative weights of each commodity and
44	44	16residue based on inbound audits conducted by an independent third party approved by the
45	45	17department using a methodology determined by the department
46	46	18
47	47	19 “Contaminant”, shall mean a material that is not recyclable in a MRF’s system and that is
48	48	20not banned from disposal pursuant to 310 CMR 19.017
49	49	21
50	50	22 “Department”, shall refer to the Massachusetts Department of Environmental Protection
51	51	23
52	52	24 “Index”, a third-party publication that provides weekly or monthly price ranges for
53	53	25recyclable commodities based on objective, confidential information provided by buyers and
54	54	26sellers in the industry
55	55	27
56	56	28 “Materials Recovery Facility” or “MRF”, a facility that receives, processes, converts and
57	57	29markets post-consumer materials for use as a raw material for manufacturing or other type of 3 of 5
58	58	30beneficial use approved by the Municipality other than energy recovery, thermal conversion, or
59	59	31disposal.
60	60	32
61	61	33 (b) In order to ensure that outbound materials are efficiently sorted into recyclable
62	62	34commodities, and are sent to facilities that meet the department’s environmental and public
63	63	35health standards, each Materials Recovery Facility shall be required to regularly provide reports
64	64	36to the Massachusetts Department of Environmental Protection detailing the following:
65	65	37
66	66	38 i. Inbound weight of each commodity and all contaminants sold or disposed based
67	67	39on audited commodity compositions
68	68	40 ii.Outbound weight of each commodity sold
69	69	41 iii.Commodity composition of residue, to determine sorting losses
70	70	42 iv.Commodity composition of samples taken immediately before baling of each
71	71	43commodity sold, to determine bale quality
72	72	44 v. Destinations of each commodity and residue and
73	73	45 vi.Evidence that it is reporting its outbound commodity pricing to the index it uses
74	74	46for contract pricing.
75	75	47 4 of 5
76	76	48 The frequency and methodology of third party audits, a list of approved third party
77	77	49auditors, and the frequency of these reports shall be determined by the department.
78	78	50
79	79	51 (c) The department shall make current index value information available to
80	80	52municipalities that contract with a MRF either directly or through a contract with a waste hauler.
81	81	53
82	82	54 (d) Materials recovery facilities shall use the most recently reported commodity
83	83	55compositions and index values in their AMV calculations for all but disposed residue when
84	84	56invoicing municipal customers. If an index does not exist for a particular commodity or
85	85	57contaminants, MRFs shall provide primary documentation of how the value is determined to the
86	86	58municipality.
87	87	59
88	88	60 (e) MRFs shall provide reports to the publisher of the index on which they base their
89	89	61pricing.
90	90	62
91	91	63 (f) MRFs shall not impose fees in excess of 150% of actual disposal cost, with
92	92	64documentation of actual disposal cost and location, for contamination in excess of the MRF’s
93	93	65permitted residue rate.
94	94	66 5 of 5
95	95	67 (g) Residue disposed by a MRF shall meet department standards for the disposal of
96	96	68Waste Ban materials listed in 310 CMR 19.017.
97	97	69
98	98	70 SECTION 2. The department shall promulgate regulations pursuant to subsection (b) of
99	99	71Section 9 of Chapter 21H of the General Laws by July 1, 2024.
100	100	72
101	101	73 SECTION 3. Subsections (c) through (g) of Section 9 of Chapter 21H shall take effect
102	102	74on January 1, 2024.