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Massachusetts Senate Bill S2830

Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2830 Compare Versions

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11 SENATE . . . . . . . . . . . . . . No. 2830
22 The Commonwealth of Massachusetts
33 _______________
44 In the One Hundred and Ninety-Third General Court
55 (2023-2024)
66 _______________
77 SENATE, June 17, 2024.
88 The committee on Senate Ways and Means to whom was referred the Senate Bill to
99 reduce plastics (Senate, No. 570), - reports, recommending that the same ought to pass with an
1010 amendment substituting a new draft with the same title (Senate, No. 2830). (Senator Fattman
1111 dissenting).
1212 For the committee,
1313 Michael J. Rodrigues 1 of 11
1414 FILED ON: 6/17/2024
1515 SENATE . . . . . . . . . . . . . . No. 2830
1616 The Commonwealth of Massachusetts
1717 _______________
1818 In the One Hundred and Ninety-Third General Court
1919 (2023-2024)
2020 _______________
2121 An Act to reduce plastics.
2222 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2323 of the same, as follows:
2424 1 SECTION 1. The General Laws are hereby amended by inserting after chapter 21O the
2525 2following chapter:-
2626 3 CHAPTER 21P.
2727 4 MASSACHUSETTS PLASTICS REDUCTION ACT
2828 5 Section 1. As used in this chapter, the following words shall have the following meanings
2929 6unless the context clearly requires otherwise:
3030 7 “Bag”, a container made of flexible material with an opening at the top, commonly used
3131 8to carry things.
3232 9 “Carryout bag”, a bag provided to a customer to hold items purchased from or serviced
3333 10by a business, retailer, organization or other entity; provided, however, that “carryout bag” shall
3434 11not include a non-handled bag: (i) provided by a pharmacy to a customer purchasing prescription
3535 12medication; (ii) used to protect items from damaging or contaminating other purchased items 2 of 11
3636 13placed in a recycled paper bag or a reusable grocery bag; (iii) provided to contain an unwrapped
3737 14food item; (iv) used to protect articles of clothing on a hanger; (v) used to prevent frozen food
3838 15items from thawing; (vi) provided or made available to a customer purchasing raw meat,
3939 16uncooked seafood or other similar products; or (vii) used to protect small items from loss.
4040 17 “Customer”, a person who purchases or otherwise receives goods, services or materials
4141 18from a business, organization, corporation or other entity.
4242 19 “Department”, the department of environmental protection.
4343 20 “Disposable”, designed to be discarded after a single or limited number of uses and not
4444 21designed or manufactured for long-term multiple reuse.
4545 22 “Food service ware”, disposable products used for serving or transporting foods or
4646 23beverages for human consumption, including, but not limited to, plates, bowls, trays, cups,
4747 24cartons, hinged or lidded containers, straws, stirrers, cup spill plugs, cup sleeves, condiments
4848 25containers, utensils, cocktail sticks or picks, toothpicks, film wrap and napkins; provided,
4949 26however, that “food service ware” shall not include detachable lids for beverage cups or food
5050 27containers, coolers or ice chests.
5151 28 “Plastic”, any synthetic or semi-synthetic material made partially or entirely from fossil
5252 29fuel-based petrochemical polymers that retains its shape during its lifecycle, including, but not
5353 30limited to, polystyrene, polyethylene, polypropylene and polycarbonate.
5454 31 “Postconsumer recycled material”, material used in a recycled paper bag that would
5555 32otherwise be destined for solid waste disposal, having completed its intended end use and 3 of 11
5656 33product life cycle, and that does not comprise any material or byproduct generated from, and
5757 34commonly reused within, an original manufacturing and fabrication process.
5858 35 “Recycle”, to separate, dismantle or process the materials, components or commodities in
5959 36materials for the purpose of preparation for use or reuse in new products or components;
6060 37provided, however, that “recycle” shall not include energy recovery or energy generation by
6161 38means of combustion, such as pyrolysis, gasification or other heat chemical conversion
6262 39processes, or landfill disposal.
6363 40 “Recycled paper bag”, a paper bag that is 100 per cent recyclable and contains not less
6464 41than 50 per cent postconsumer recycled material.
6565 42 “Reusable bag”, a bag that: (i) is made of machine-washable cloth, fabric, hemp or other
6666 43woven or non-woven fibers; (ii) has handles that are stitched with thread and not heat-fused; and
6767 44(iii) is designed and manufactured for multiple uses; provided, however, that a “reusable bag”
6868 45shall not include a bag made of plastic film of any thickness.
6969 46 “Serviced” or “Servicing”, the past or present act of cleaning, repairing, improving,
7070 47refinishing or altering an item owned by a customer by a person engaged in a retail business of
7171 48customarily providing such services, including, but not limited to, dry cleaning and tailoring
7272 49articles of clothing, jewelry repair and shoe and leather repair.
7373 50 Section 2. (a) A retailer or charging entity shall not provide a customer with a carryout
7474 51bag unless such carryout bag is a recycled paper bag or a reusable bag; provided, however, that a
7575 52customer shall be charged not less than 10 cents per recycled paper bag; and provided further,
7676 53that a recycled paper bag purchased under this section shall not be subject to taxation pursuant to
7777 54chapter 64H or 64I. 4 of 11
7878 55 (b) Five cents per recycled paper bag sold shall be remitted by the retailer or charging
7979 56entity to the department of revenue at the same time and in the same manner as sales taxes are
8080 57due to the commonwealth. The department of revenue shall deposit such amounts into the
8181 58Plastics Environmental Protection Fund established under section 2EEEEEE of chapter 29. The
8282 59department of revenue may promulgate regulations to facilitate the collection of the fee set forth
8383 60in this paragraph. The retailer or charging entity shall retain the remainder of the amount charged
8484 61to customers.
8585 62 (c) Nothing in this section shall prohibit the sale or offering for sale of packages
8686 63containing several bags, products or goods with a protective or other bag received from a
8787 64manufacturer or distributor or bags offered for sale as a product or merchandise that are not
8888 65carryout bags.
8989 66 (d) This section shall not apply to: (i) bags otherwise required to be used under state or
9090 67federal law; or (ii) a nonprofit organization, charity or religious institution in the provision or
9191 68distribution of food, clothing or other items at no cost or substantially reduced cost.
9292 69 (e) A business with only 1 store location of not more than 4,000 square feet of retail
9393 70selling space and not more than 10 employees, and which provided not more than 10,000
9494 71carryout bags in total during the previous calendar year, shall not be required to collect or remit
9595 72bag fees as otherwise set forth in this section.
9696 73 Section 3. (a) Except as provided in subsection (b), a retailer or charging entity shall not
9797 74provide a customer with disposable food service ware unless requested by the customer.
9898 75 (b) A retailer or charging entity may make disposable food service ware available to a
9999 76consumer for self-service to allow for non-bundled, single-use food service ware to be obtained. 5 of 11
100100 77 Section 4. (a) For the purposes of this section, “state agency” shall mean any department
101101 78of state government including the executive, legislative and judicial branches, and any
102102 79independent state authority, quasi-public authority, board, district, commission, instrumentality
103103 80or agency.
104104 81 (b) State agencies shall not expend state funds to procure single-use plastic bottles that
105105 82have a capacity of not more than 21 fluid ounces; provided, however, that state agencies shall be
106106 83exempt from this requirement if such exemption is required to provide for disability or
107107 84accessibility related accommodations.
108108 85 (c) Subsection (b) shall not apply: (i) when no alternative is available or practicable; (ii)
109109 86when necessary to protect health, safety and welfare; (iii) when compliance with this section
110110 87would conflict with contract requirements or labor agreements in existence as of the effective
111111 88date of this section or agreements solicited before the effective date of this section; and (iv) to
112112 89prepare for or respond to an emergency.
113113 90 Section 5. The department shall establish a statewide program to provide for the recycling
114114 91of bulk plastic materials, including, but not limited to child passenger restraints as defined in
115115 92section 1 of chapter 90, and may: (i) implement local or regional bulk plastic recycling programs;
116116 93(ii) accept applications from municipalities for grants and to award grants to assist in the
117117 94development or establishment of local and regional bulk plastic recycling projects; and (iii)
118118 95partner or contract with private organizations to assist in the development or establishment of a
119119 96bulk plastic recycling program.
120120 97 Section 6. A municipality shall not pass, adopt, promulgate or otherwise effectuate an
121121 98ordinance, by-law or other rule or regulation inconsistent with this chapter. 6 of 11
122122 99 Section 7. Except as otherwise provided, the department shall promulgate regulations to
123123 100implement and enforce this chapter. The department may promulgate regulations to increase the
124124 101minimum postconsumer recycled material required for recycled paper bags.
125125 102 Section 8. The department shall establish and assess civil administrative penalties
126126 103pursuant to section 16 of chapter 21A for violations of this chapter.
127127 104 The superior court department of the trial court may assess civil penalties as set forth in
128128 105this section and enjoin violations of, and grant such additional relief as it deems necessary or
129129 106appropriate to secure compliance with, the provisions of this chapter, or any regulation, rule or
130130 107other order or action adopted or issued pursuant to this section. The attorney general and district
131131 108attorneys may bring enforcement actions under this section in the superior court department of
132132 109the trial court or any other court of competent jurisdiction.
133133 110 SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting after
134134 111section 2DDDDDD the following section:-
135135 112 Section 2EEEEEE. (a) There shall be a Plastics Environmental Protection Fund to be
136136 113expended, without prior appropriation, by the department of environmental protection. The fund
137137 114shall consist of: (i) revenue from appropriations or other money authorized by the general court
138138 115and specifically designated to be credited to the fund; (ii) interest earned on such revenues; (iii)
139139 116funds from public and private sources, including, but not limited to, gifts, grants, donations and
140140 117settlements received by the commonwealth that are designated to be credited to the fund; (iv)
141141 118federal funds paid to the commonwealth designated to be credited to the fund; and (v) monies
142142 119paid to the commonwealth pursuant to chapter 21P, including all funds collected by the
143143 120department of revenue pursuant to section 2 of said chapter 21P. The fund shall be expended to: 7 of 11
144144 121(i) improve the air, water, soil or other environmental conditions for low and moderate income
145145 122communities; (ii) provide reusable bags at no-cost to low and moderate income communities and
146146 123individuals receiving benefits administered by the department of transitional assistance at no
147147 124cost; (iii) issue grants to small businesses that are incorporated and have principal places of
148148 125business in the commonwealth to assist in the reduction of plastic use within each business,
149149 126including, but not limited to, small businesses in the food service and production industries; and
150150 127(iv) provide multilingual, culturally competent educational materials and programming,
151151 128including, but not limited to, experiential education regarding bag reuse and recycling and other
152152 129aspects of environmental protection. Any bond proceeds deposited into the fund shall be kept
153153 130separate from any and all other funds deposited into the fund. No expenditure from the fund shall
154154 131cause the fund to be in deficiency at the close of a fiscal year. Monies deposited into the fund
155155 132that are unexpended at the end of a fiscal year shall not revert to the General Fund and shall be
156156 133available for expenditure in the subsequent fiscal year.
157157 134 (b) The department of environmental protection shall administer the fund. Annually, not
158158 135later than March 1, the department shall report on the activities of the fund from the previous
159159 136calendar year to the senate and house committees on ways and means and the joint committee on
160160 137environment and natural resources. The department may promulgate regulations or issue other
161161 138guidance to implement this section. The department shall consult with the department of
162162 139transitional assistance to equitably implement the provision of no-cost reusable bags as set forth
163163 140in subsection (a). The department shall consult with the Massachusetts Growth Capital
164164 141Corporation to equitably implement the provision of grants to small businesses to assist in the
165165 142reduction of plastic use. 8 of 11
166166 143 SECTION 3. Chapter 94 of the General Laws is hereby amended by inserting after
167167 144section 329 the following section:-
168168 145 Section 330. (a) As used in this section, the following words shall have the following
169169 146meanings unless the context clearly requires otherwise:
170170 147 “Covered entity”, a person, corporation, business or other entity that manufactures,
171171 148produces or packages a covered product and shall include, but not be limited to, a wholesaler,
172172 149supplier or retailer that is responsible for labeling a covered product.
173173 150 “Covered product”, a premoistened, nonwoven disposable wipe composed in part or
174174 151entirely of petrochemical-derived fibers that is reasonably likely to be flushed down a toilet or
175175 152otherwise caused to enter a plumbing, septic or sewer system; provided, however, that a
176176 153“covered product” shall include, but not be limited to, baby wipes, disinfecting wipes and facial
177177 154wipes; provided further, that a “covered product” shall not include wipes composed entirely of
178178 155wood pulp fibers and engineered to lose strength and degrade after disposal.
179179 156 (b) A covered entity shall clearly label a covered product that the entity produces,
180180 157manufactures, packages, offers for sale or sells in the commonwealth with the phrase “Do Not
181181 158Flush”.
182182 159 (c) Whoever violates this section, or any regulation, rule or other order or action adopted
183183 160or issued pursuant to this section, shall be subject to a fine, civil penalty or, notwithstanding the
184184 161limitations set forth in section 16 of chapter 21A, civil administrative penalty of not more than
185185 162$2,500 per violation. Producing, manufacturing, packaging, offering for sale or selling 1 or more
186186 163units of the same covered product in violation of this section shall constitute a single violation 9 of 11
187187 164for each day such violation occurs. This shall be in addition to any other penalty or remedy
188188 165prescribed by law.
189189 166 The attorney general and district attorneys shall enforce this section. The office of
190190 167consumer affairs and business regulation may refer violations of this section to a district attorney
191191 168or the attorney general for enforcement, including, but not limited to, for actions assess monetary
192192 169penalties and enjoinment. The superior court department of the trial court shall have jurisdiction
193193 170to assess civil penalties as set forth in this section and to enjoin violations of, and grant such
194194 171additional relief as it deems necessary or appropriate to secure compliance with, this section, or
195195 172any regulation, rule or other order or action adopted or issued pursuant to this section.
196196 173 (d) The office of consumer affairs and business regulation may promulgate regulations to
197197 174implement and enforce this section.
198198 175 SECTION 4. The department of environmental protection shall conduct a culturally
199199 176competent and linguistically diverse outreach and education program regarding non-flushable
200200 177wipes consistent with section 330 of chapter 94 of the General Laws. In preparing and delivering
201201 178the outreach and education program, the department shall consult with the Massachusetts Water
202202 179Resources Authority, the Greater Lawrence Sanitary District, Upper Blackstone Clean Water, the
203203 180city of Springfield water and sewer commission, the city of Pittsfield wastewater treatment plant
204204 181division, the city of New Bedford department of public infrastructure wastewater division, the
205205 182city of Fall River sewer commission, the city of Brockton department of public works sewer
206206 183division, the town of Franklin water and sewer division, the city of Attleboro wastewater
207207 184department and the Barnstable county Alternative Septic System Tracking program. 10 of 11
208208 185 SECTION 5. Not later than December 31, 2024, the department of environmental
209209 186protection shall publish on its website and submit to the senate and house committees on ways
210210 187and means and the joint committee on environment and natural resources a report stating its
211211 188progress on implementing the composting and other components of the department’s Organics
212212 189Action Plan of November 2023. The report shall clearly indicate any legislative changes or
213213 190resources necessary to increase the rate at which food and organic waste is composted and
214214 191reduce the contamination of waste and recycling streams by compostable materials.
215215 192 SECTION 6. There shall be a special legislative commission for the purpose of
216216 193recommending to the general court an extended producer responsibility plan for the
217217 194commonwealth. The commission shall include: the commissioner of environmental protection or
218218 195a designee, who shall serve as chair; the commissioner of agricultural resources or a designee;
219219 196the director of the Massachusetts office of business development or a designee; 1 person to be
220220 197appointed by the attorney general, who shall have expertise in consumer protection; 1 person to
221221 198be appointed by the senate chair of the joint committee on environment and natural resources; 1
222222 199person to be appointed by the minority leader of the senate; 1 person to be appointed by the
223223 200house chair of the joint committee on environment and natural resources; 1 person to be
224224 201appointed by the minority leader of the house of representatives; 1 person to be appointed by the
225225 202Massachusetts Association of Regional Planning Agencies; and 11 additional persons to be
226226 203appointed by the chair, 1 of whom shall be a packaging producer or retailer, 1 of whom shall be a
227227 204waste hauler or material recovery facility operator, 1 of whom shall be a municipal official or
228228 205employee, 1 of whom shall be a food producer or farmer, 1 of whom shall represent a statewide
229229 206environmental protection organization, 1 of whom shall represent a statewide or community
230230 207environmental justice organization, 1 of whom shall represent a regional or community 11 of 11
231231 208environmental protection organization, 1 of whom shall represent a freshwater or marine litter
232232 209program, 1 of whom shall represent a regional wastewater management entity, 1 of whom shall
233233 210be an environmental health scientist and 1 of whom shall be a human health scientist. The chair
234234 211shall consider geographic diversity in making appointments to the commission. The chair may
235235 212select a third-party facilitator for the commission. The extended producer responsibility plan
236236 213shall include: (i) recommendations on specific extended producer responsibility goals and
237237 214strategies for product categories including, but not limited to, paint, mattresses, electronics and
238238 215packaging; (ii) recommendations on a material cost differentiation system; (iii) a proposed
239239 216structure for producer payments and collector reimbursements; (iv) information on net costs of
240240 217residential curbside collection or transfer station operations, on-site processing costs for each
241241 218readily recyclable material type, management costs of non-readily recyclable materials and other
242242 219cost factors; and (v) methods for incentivizing packaging production and waste stream
243243 220contamination reduction, which may include reuse and lifespan extensions. Not later than March
244244 2211, 2026, the commission shall submit its recommendations and related factual findings to the
245245 222senate and house committees on ways and means and the joint committee on environment and
246246 223natural resources and the department of environmental protection shall publish said
247247 224recommendations and related factual findings on its website.
248248 225 SECTION 7. Except as otherwise provided herein, this act shall take effect on January 1,
249249 2262025.
250250 227 SECTION 8. Section 3 shall take effect on January 1, 2026.