SENATE . . . . . . . . . . . . . . No. 2830
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
SENATE, June 17, 2024.
The committee on Senate Ways and Means to whom was referred the Senate Bill to
reduce plastics (Senate, No. 570), - reports, recommending that the same ought to pass with an
amendment substituting a new draft with the same title (Senate, No. 2830). (Senator Fattman
dissenting).
For the committee,
Michael J. Rodrigues 1 of 11
FILED ON: 6/17/2024
SENATE . . . . . . . . . . . . . . No. 2830
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to reduce 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.
4 MASSACHUSETTS PLASTICS REDUCTION ACT
5 Section 1. As used in this chapter, the following words shall have the following meanings
6unless the context clearly requires otherwise:
7 “Bag”, a container made of flexible material with an opening at the top, commonly used
8to carry things.
9 “Carryout bag”, a bag provided to a customer to hold items purchased from or serviced
10by a business, retailer, organization or other entity; provided, however, that “carryout bag” shall
11not include a non-handled bag: (i) provided by a pharmacy to a customer purchasing prescription
12medication; (ii) used to protect items from damaging or contaminating other purchased items 2 of 11
13placed in a recycled paper bag or a reusable grocery bag; (iii) provided to contain an unwrapped
14food item; (iv) used to protect articles of clothing on a hanger; (v) used to prevent frozen food
15items from thawing; (vi) provided or made available to a customer purchasing raw meat,
16uncooked seafood or other similar products; or (vii) used to protect small items from loss.
17 “Customer”, a person who purchases or otherwise receives goods, services or materials
18from a business, organization, corporation or other entity.
19 “Department”, the department of environmental protection.
20 “Disposable”, designed to be discarded after a single or limited number of uses and not
21designed or manufactured for long-term multiple reuse.
22 “Food service ware”, disposable products used for serving or transporting foods or
23beverages for human consumption, including, but not limited to, plates, bowls, trays, cups,
24cartons, hinged or lidded containers, straws, stirrers, cup spill plugs, cup sleeves, condiments
25containers, utensils, cocktail sticks or picks, toothpicks, film wrap and napkins; provided,
26however, that “food service ware” shall not include detachable lids for beverage cups or food
27containers, coolers or ice chests.
28 “Plastic”, any synthetic or semi-synthetic material made partially or entirely from fossil
29fuel-based petrochemical polymers that retains its shape during its lifecycle, including, but not
30limited to, polystyrene, polyethylene, polypropylene and polycarbonate.
31 “Postconsumer recycled material”, material used in a recycled paper bag that would
32otherwise be destined for solid waste disposal, having completed its intended end use and 3 of 11
33product life cycle, and that does not comprise any material or byproduct generated from, and
34commonly reused within, an original manufacturing and fabrication process.
35 “Recycle”, to separate, dismantle or process the materials, components or commodities in
36materials for the purpose of preparation for use or reuse in new products or components;
37provided, however, that “recycle” shall not include energy recovery or energy generation by
38means of combustion, such as pyrolysis, gasification or other heat chemical conversion
39processes, or landfill disposal.
40 “Recycled paper bag”, a paper bag that is 100 per cent recyclable and contains not less
41than 50 per cent postconsumer recycled material.
42 “Reusable bag”, a bag that: (i) is made of machine-washable cloth, fabric, hemp or other
43woven or non-woven fibers; (ii) has handles that are stitched with thread and not heat-fused; and
44(iii) is designed and manufactured for multiple uses; provided, however, that a “reusable bag”
45shall not include a bag made of plastic film of any thickness.
46 “Serviced” or “Servicing”, the past or present act of cleaning, repairing, improving,
47refinishing or altering an item owned by a customer by a person engaged in a retail business of
48customarily providing such services, including, but not limited to, dry cleaning and tailoring
49articles of clothing, jewelry repair and shoe and leather repair.
50 Section 2. (a) A retailer or charging entity shall not provide a customer with a carryout
51bag unless such carryout bag is a recycled paper bag or a reusable bag; provided, however, that a
52customer shall be charged not less than 10 cents per recycled paper bag; and provided further,
53that a recycled paper bag purchased under this section shall not be subject to taxation pursuant to
54chapter 64H or 64I. 4 of 11
55 (b) Five cents per recycled paper bag sold shall be remitted by the retailer or charging
56entity to the department of revenue at the same time and in the same manner as sales taxes are
57due to the commonwealth. The department of revenue shall deposit such amounts into the
58Plastics Environmental Protection Fund established under section 2EEEEEE of chapter 29. The
59department of revenue may promulgate regulations to facilitate the collection of the fee set forth
60in this paragraph. The retailer or charging entity shall retain the remainder of the amount charged
61to customers.
62 (c) Nothing in this section shall prohibit the sale or offering for sale of packages
63containing several bags, products or goods with a protective or other bag received from a
64manufacturer or distributor or bags offered for sale as a product or merchandise that are not
65carryout bags.
66 (d) This section shall not apply to: (i) bags otherwise required to be used under state or
67federal law; or (ii) a nonprofit organization, charity or religious institution in the provision or
68distribution of food, clothing or other items at no cost or substantially reduced cost.
69 (e) A business with only 1 store location of not more than 4,000 square feet of retail
70selling space and not more than 10 employees, and which provided not more than 10,000
71carryout bags in total during the previous calendar year, shall not be required to collect or remit
72bag fees as otherwise set forth in this section.
73 Section 3. (a) Except as provided in subsection (b), a retailer or charging entity shall not
74provide a customer with disposable food service ware unless requested by the customer.
75 (b) A retailer or charging entity may make disposable food service ware available to a
76consumer for self-service to allow for non-bundled, single-use food service ware to be obtained. 5 of 11
77 Section 4. (a) For the purposes of this section, “state agency” shall mean any department
78of state government including the executive, legislative and judicial branches, and any
79independent state authority, quasi-public authority, board, district, commission, instrumentality
80or agency.
81 (b) State agencies shall not expend state funds to procure single-use plastic bottles that
82have a capacity of not more than 21 fluid ounces; provided, however, that state agencies shall be
83exempt from this requirement if such exemption is required to provide for disability or
84accessibility related accommodations.
85 (c) Subsection (b) shall not apply: (i) when no alternative is available or practicable; (ii)
86when necessary to protect health, safety and welfare; (iii) when compliance with this section
87would conflict with contract requirements or labor agreements in existence as of the effective
88date of this section or agreements solicited before the effective date of this section; and (iv) to
89prepare for or respond to an emergency.
90 Section 5. The department shall establish a statewide program to provide for the recycling
91of bulk plastic materials, including, but not limited to child passenger restraints as defined in
92section 1 of chapter 90, and may: (i) implement local or regional bulk plastic recycling programs;
93(ii) accept applications from municipalities for grants and to award grants to assist in the
94development or establishment of local and regional bulk plastic recycling projects; and (iii)
95partner or contract with private organizations to assist in the development or establishment of a
96bulk plastic recycling program.
97 Section 6. A municipality shall not pass, adopt, promulgate or otherwise effectuate an
98ordinance, by-law or other rule or regulation inconsistent with this chapter. 6 of 11
99 Section 7. Except as otherwise provided, the department shall promulgate regulations to
100implement and enforce this chapter. The department may promulgate regulations to increase the
101minimum postconsumer recycled material required for recycled paper bags.
102 Section 8. The department shall establish and assess civil administrative penalties
103pursuant to section 16 of chapter 21A for violations of this chapter.
104 The superior court department of the trial court may assess civil penalties as set forth in
105this section and enjoin violations of, and grant such additional relief as it deems necessary or
106appropriate to secure compliance with, the provisions of this chapter, or any regulation, rule or
107other order or action adopted or issued pursuant to this section. The attorney general and district
108attorneys may bring enforcement actions under this section in the superior court department of
109the trial court or any other court of competent jurisdiction.
110 SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting after
111section 2DDDDDD the following section:-
112 Section 2EEEEEE. (a) There shall be a Plastics Environmental Protection Fund to be
113expended, without prior appropriation, by the department of environmental protection. The fund
114shall consist of: (i) revenue from appropriations or other money authorized by the general court
115and specifically designated to be credited to the fund; (ii) interest earned on such revenues; (iii)
116funds from public and private sources, including, but not limited to, gifts, grants, donations and
117settlements received by the commonwealth that are designated to be credited to the fund; (iv)
118federal funds paid to the commonwealth designated to be credited to the fund; and (v) monies
119paid to the commonwealth pursuant to chapter 21P, including all funds collected by the
120department of revenue pursuant to section 2 of said chapter 21P. The fund shall be expended to: 7 of 11
121(i) improve the air, water, soil or other environmental conditions for low and moderate income
122communities; (ii) provide reusable bags at no-cost to low and moderate income communities and
123individuals receiving benefits administered by the department of transitional assistance at no
124cost; (iii) issue grants to small businesses that are incorporated and have principal places of
125business in the commonwealth to assist in the reduction of plastic use within each business,
126including, but not limited to, small businesses in the food service and production industries; and
127(iv) provide multilingual, culturally competent educational materials and programming,
128including, but not limited to, experiential education regarding bag reuse and recycling and other
129aspects of environmental protection. Any bond proceeds deposited into the fund shall be kept
130separate from any and all other funds deposited into the fund. No expenditure from the fund shall
131cause the fund to be in deficiency at the close of a fiscal year. Monies deposited into the fund
132that are unexpended at the end of a fiscal year shall not revert to the General Fund and shall be
133available for expenditure in the subsequent fiscal year.
134 (b) The department of environmental protection shall administer the fund. Annually, not
135later than March 1, the department shall report on the activities of the fund from the previous
136calendar year to the senate and house committees on ways and means and the joint committee on
137environment and natural resources. The department may promulgate regulations or issue other
138guidance to implement this section. The department shall consult with the department of
139transitional assistance to equitably implement the provision of no-cost reusable bags as set forth
140in subsection (a). The department shall consult with the Massachusetts Growth Capital
141Corporation to equitably implement the provision of grants to small businesses to assist in the
142reduction of plastic use. 8 of 11
143 SECTION 3. Chapter 94 of the General Laws is hereby amended by inserting after
144section 329 the following section:-
145 Section 330. (a) As used in this section, the following words shall have the following
146meanings unless the context clearly requires otherwise:
147 “Covered entity”, a person, corporation, business or other entity that manufactures,
148produces or packages a covered product and shall include, but not be limited to, a wholesaler,
149supplier or retailer that is responsible for labeling a covered product.
150 “Covered product”, a premoistened, nonwoven disposable wipe composed in part or
151entirely of petrochemical-derived fibers that is reasonably likely to be flushed down a toilet or
152otherwise caused to enter a plumbing, septic or sewer system; provided, however, that a
153“covered product” shall include, but not be limited to, baby wipes, disinfecting wipes and facial
154wipes; provided further, that a “covered product” shall not include wipes composed entirely of
155wood pulp fibers and engineered to lose strength and degrade after disposal.
156 (b) A covered entity shall clearly label a covered product that the entity produces,
157manufactures, packages, offers for sale or sells in the commonwealth with the phrase “Do Not
158Flush”.
159 (c) Whoever violates this section, or any regulation, rule or other order or action adopted
160or issued pursuant to this section, shall be subject to a fine, civil penalty or, notwithstanding the
161limitations set forth in section 16 of chapter 21A, civil administrative penalty of not more than
162$2,500 per violation. Producing, manufacturing, packaging, offering for sale or selling 1 or more
163units of the same covered product in violation of this section shall constitute a single violation 9 of 11
164for each day such violation occurs. This shall be in addition to any other penalty or remedy
165prescribed by law.
166 The attorney general and district attorneys shall enforce this section. The office of
167consumer affairs and business regulation may refer violations of this section to a district attorney
168or the attorney general for enforcement, including, but not limited to, for actions assess monetary
169penalties and enjoinment. The superior court department of the trial court shall have jurisdiction
170to assess civil penalties as set forth in this section and to enjoin violations of, and grant such
171additional relief as it deems necessary or appropriate to secure compliance with, this section, or
172any regulation, rule or other order or action adopted or issued pursuant to this section.
173 (d) The office of consumer affairs and business regulation may promulgate regulations to
174implement and enforce this section.
175 SECTION 4. The department of environmental protection shall conduct a culturally
176competent and linguistically diverse outreach and education program regarding non-flushable
177wipes consistent with section 330 of chapter 94 of the General Laws. In preparing and delivering
178the outreach and education program, the department shall consult with the Massachusetts Water
179Resources Authority, the Greater Lawrence Sanitary District, Upper Blackstone Clean Water, the
180city of Springfield water and sewer commission, the city of Pittsfield wastewater treatment plant
181division, the city of New Bedford department of public infrastructure wastewater division, the
182city of Fall River sewer commission, the city of Brockton department of public works sewer
183division, the town of Franklin water and sewer division, the city of Attleboro wastewater
184department and the Barnstable county Alternative Septic System Tracking program. 10 of 11
185 SECTION 5. Not later than December 31, 2024, the department of environmental
186protection shall publish on its website and submit to the senate and house committees on ways
187and means and the joint committee on environment and natural resources a report stating its
188progress on implementing the composting and other components of the department’s Organics
189Action Plan of November 2023. The report shall clearly indicate any legislative changes or
190resources necessary to increase the rate at which food and organic waste is composted and
191reduce the contamination of waste and recycling streams by compostable materials.
192 SECTION 6. There shall be a special legislative commission for the purpose of
193recommending to the general court an extended producer responsibility plan for the
194commonwealth. The commission shall include: the commissioner of environmental protection or
195a designee, who shall serve as chair; the commissioner of agricultural resources or a designee;
196the director of the Massachusetts office of business development or a designee; 1 person to be
197appointed by the attorney general, who shall have expertise in consumer protection; 1 person to
198be appointed by the senate chair of the joint committee on environment and natural resources; 1
199person to be appointed by the minority leader of the senate; 1 person to be appointed by the
200house chair of the joint committee on environment and natural resources; 1 person to be
201appointed by the minority leader of the house of representatives; 1 person to be appointed by the
202Massachusetts Association of Regional Planning Agencies; and 11 additional persons to be
203appointed by the chair, 1 of whom shall be a packaging producer or retailer, 1 of whom shall be a
204waste hauler or material recovery facility operator, 1 of whom shall be a municipal official or
205employee, 1 of whom shall be a food producer or farmer, 1 of whom shall represent a statewide
206environmental protection organization, 1 of whom shall represent a statewide or community
207environmental justice organization, 1 of whom shall represent a regional or community 11 of 11
208environmental protection organization, 1 of whom shall represent a freshwater or marine litter
209program, 1 of whom shall represent a regional wastewater management entity, 1 of whom shall
210be an environmental health scientist and 1 of whom shall be a human health scientist. The chair
211shall consider geographic diversity in making appointments to the commission. The chair may
212select a third-party facilitator for the commission. The extended producer responsibility plan
213shall include: (i) recommendations on specific extended producer responsibility goals and
214strategies for product categories including, but not limited to, paint, mattresses, electronics and
215packaging; (ii) recommendations on a material cost differentiation system; (iii) a proposed
216structure for producer payments and collector reimbursements; (iv) information on net costs of
217residential curbside collection or transfer station operations, on-site processing costs for each
218readily recyclable material type, management costs of non-readily recyclable materials and other
219cost factors; and (v) methods for incentivizing packaging production and waste stream
220contamination reduction, which may include reuse and lifespan extensions. Not later than March
2211, 2026, the commission shall submit its recommendations and related factual findings to the
222senate and house committees on ways and means and the joint committee on environment and
223natural resources and the department of environmental protection shall publish said
224recommendations and related factual findings on its website.
225 SECTION 7. Except as otherwise provided herein, this act shall take effect on January 1,
2262025.
227 SECTION 8. Section 3 shall take effect on January 1, 2026.