Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S477 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 145 FILED ON: 1/11/2023
3	3	SENATE . . . . . . . . . . . . . . No. 477
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James B. Eldridge
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 relative to plastic bag reduction.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and WorcesterHannah Kane11th Worcester2/1/2023Lindsay N. Sabadosa1st Hampshire2/2/2023Vanna Howard17th Middlesex2/2/2023Brian W. Murray10th Worcester2/2/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/13/2023John F. KeenanNorfolk and Plymouth2/23/2023Patricia D. JehlenSecond Middlesex3/3/2023 1 of 8
16	16	SENATE DOCKET, NO. 145 FILED ON: 1/11/2023
17	17	SENATE . . . . . . . . . . . . . . No. 477
18	18	By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 477) of James B. Eldridge, Hannah
19	19	Kane, Lindsay N. Sabadosa, Vanna Howard and other members of the General Court for
20	20	legislation relative to plastic bag reduction. Environment and Natural Resources.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 4826 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to plastic bag reduction.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. The General Laws are hereby amended by inserting after chapter 21O the
32	32	2following chapter:-
33	33	3 CHAPTER 21P.
34	34	4 PLASTIC BAG REDUCTION.
35	35	5 Section 1. As used in this chapter, the following words shall have the following meanings
36	36	6unless the context clearly requires otherwise:
37	37	7 “Commissioner”, the commissioner of revenue.
38	38	8 “Department”, the department of environmental protection. 2 of 8
39	39	9 “Person”, an individual, partnership, trust, association, corporation, society, club,
40	40	10institution, organization or other entity.
41	41	11 “Postconsumer recycled material”, material used in a recycled paper bag that would
42	42	12otherwise be destined for solid waste disposal, having completed its intended end use and
43	43	13product life cycle, and that does not comprise any material or byproduct generated from, and
44	44	14commonly reused within, an original manufacturing and fabrication process.
45	45	15 “Recycled paper bag”, a paper bag that (i) is 100 per cent recyclable; (ii) contains either:
46	46	16(A) a minimum of 40 per cent postconsumer recycled materials; or (B) if not more than a so-
47	47	17called 8 pound paper bag, not less than 20 per cent postconsumer recycled material; and (iii)
48	48	18displays on the outside of the bag the words “100% Recyclable” and either : (A) “40%
49	49	19postconsumer recycled content”; or (B) such other per cent of postconsumer recycled material
50	50	20established by department regulation.
51	51	21 “Retail establishment”, a store or premises in which a person is engaged in the retail
52	52	22business of selling or providing merchandise, goods, groceries, prepared take-out food and
53	53	23beverages for consumption off-premises or the servicing of an item, directly to customers at such
54	54	24store or premises, including, but not limited to, grocery stores, department stores, pharmacies,
55	55	25convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including
56	56	26farmers markets and public markets; provided, however, that a “retail establishment” shall also
57	57	27include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable
58	58	28roadside stand used by a person from which to engage in such business directly with customers
59	59	29and business establishments without a storefront, including, but not limited to, a business
60	60	30delivering prepared foods or other food items, web-based or catalog business or delivery services 3 of 8
61	61	31used by a retail establishment; provided further, that a “retail establishment” shall include a non-
62	62	32profit organization, charity or religious institution that has a retail establishment and holds itself
63	63	33out to the public as engaging in retail activities that are characteristic of similar type retail
64	64	34businesses, whether or not for profit when engaging in such activity.
65	65	35 “Reusable bag”, a bag that is not a plastic film bag that has handles that are stitched and
66	66	36not heat-fused, and that is made of washable cloth, hemp or other woven or non-woven fibers,
67	67	37fabrics or materials that are at least 80 grams per square meter, designed and manufactured
68	68	38specifically for multiple uses.
69	69	39 “Serviced” or “Servicing”, a service performed to clean, repair, improve, refinish or alter
70	70	40an item of a customer by a person engaged in a retail business of customarily providing such
71	71	41services, including, but not limited to, dry cleaning and tailoring articles of clothing, jewelry
72	72	42repair and shoe and leather repair.
73	73	43 “Single-use plastic bag”, a bag made of plastic film with or without handles provided by
74	74	44a retail establishment to customers at its business location to carry items purchased from or
75	75	45serviced by the retail establishment and that is not a recycled paper bag or reusable bag.
76	76	46 Section 2. (a) A retail establishment shall not provide a customer with a single-use plastic
77	77	47bag or provide any other bag, unless specifically allowed under this chapter that is not: (i) a
78	78	48recycled paper bag; or (ii) a reusable bag for the customer to carry away an item purchased from
79	79	49or serviced by the retail establishment.
80	80	50 (b) Subsections (a) and (c) shall not apply to any type of bag used by a retail
81	81	51establishment or provided by a retail establishment to a customer for: (i) prescription medication;
82	82	52(ii) produce, meats, poultry, fish, bread and other food items to keep such items, including 4 of 8
83	83	53unwrapped items, fresh or unsoiled; (iii) preventing frozen food items, including ice cream, from
84	84	54thawing; (iv) protecting articles of clothing on a hanger; (v) protecting small items from loss;
85	85	55(vi) providing or distributing prepared foods, groceries or articles of clothing at no cost or at a
86	86	56substantially reduced cost by a nonprofit organization, charity or religious institution; or (vii) any
87	87	57item that requires the use of a certain type of bag under federal or state law.
88	88	58 (c) A retail establishment may make available for purchase a recycled paper bag or
89	89	59reusable bag; provided, however, that the price of a recycled paper bag or reusable bag shall be
90	90	60not less than $0.10; and provided further, that such a recycled paper bag or reusable bag provided
91	91	61to a customer to carry away an item purchased from or serviced by a retail establishment shall
92	92	62not be subject to tax under chapter 64H or chapter 64I.
93	93	63 (d) A retail establishment shall be exempt from the requirements of subsections (c) and
94	94	64(e) if the retail establishment: (i) has not more than 3 store locations under the same ownership
95	95	65and each store location has less than 4,000 square feet of retail selling space and not more than
96	96	6615 employees; (ii): (A) is not a food establishment under chapter 94 or any regulations
97	97	67promulgated pursuant to said chapter 94; or (B) provided less than 15,000 single-use plastic
98	98	68bags, recycled paper bags or reusable bags to consumers at the point of sale in total during the
99	99	69previous calendar year; and (iii) annually submits to the department an affidavit attesting that the
100	100	70retail establishment meets the requirements of this subsection.
101	101	71 Nothing in this subsection shall prohibit a retail establishment from making available for
102	102	72purchase a recycled paper bag or reusable bag under subsections (c). 5 of 8
103	103	73 (e) For each recycled paper bag sold, a retail establishment shall remit $0.05 to the
104	104	74commissioner of revenue at the same time and in the same manner as the sales tax due to the
105	105	75commonwealth and such amounts shall be administered in accordance with chapter 62C.
106	106	76 Not less than quarterly, money received by the commissioner under this section shall be
107	107	77distributed, credited and paid by the state treasurer upon certification of the commissioner to
108	108	78each city and town in proportion to the amount of the sums received from the sales of recycled
109	109	79paper bags sold in the city or town. Sums received by a city or town under this section shall be
110	110	80used for reusable bags for residents, litter prevention, multilingual bag reuse and recycling
111	111	81education and promotion, enforcement of this chapter, cleanup programs, recycling programs
112	112	82and associated costs, waste reduction, composting programs, beautification and community
113	113	83greening. If the amount of the distribution to a city or town is $25,000 or less, the chief executive
114	114	84officer as defined in section 7 of chapter 4, may expend such funds for the purposes provided in
115	115	85this paragraph without further appropriation by the city or town.
116	116	86 Notwithstanding section 21 of chapter 62C, the commissioner may make available to
117	117	87cities and towns any information necessary for the administration of the fee collected by a retail
118	118	88establishment under this section including, but not limited to, a report of the amount of fees
119	119	89collected in the aggregate by each city or town under this section in the preceding fiscal year and
120	120	90the identification of each individual retail establishment collecting fees on recycled paper bag
121	121	91sold under this chapter.
122	122	92 Each even-numbered year, each city and town receiving money under this subsection
123	123	93shall provide a report to the department on: (i) the total amount received under this subsection;
124	124	94and (ii) a description of expenditures made with the money received under this subsection. 6 of 8
125	125	95 (f) Nothing in this section shall prohibit a customer from bringing a personal bag, made
126	126	96or comprised of any material, to a retail establishment to carry out items purchased from or
127	127	97serviced by the retail establishment.
128	128	98 (g) A retail establishment shall not be prohibited from selling or offering for sale to
129	129	99customers: (i) any package containing several bags, including, but not limited to, food bags,
130	130	100sandwich bags, yard waste bags, garbage bags or municipal pay-as-you-throw program trash
131	131	101bags; (ii) any product, merchandise or good with a protective bag, a bag to hold related
132	132	102accessories, parts or instruction manuals or a bag used as product packaging that the retail
133	133	103establishment received with such item or product from the manufacturer, distributor or vendor;
134	134	104or (iii) any bag that is not a retail type carryout bag that is sold or offered for sale as a product or
135	135	105merchandise, including, but not limited to, sports bags, handbags, equipment bags, tent bags or
136	136	106other bags specifically designed to protect or contain a particular item.
137	137	107 (h) Notwithstanding subsection (c) and to the extent permitted under federal and state
138	138	108law, a retail establishment that makes available for purchase a recycled paper bag at the point of
139	139	109sale shall not charge a fee for the bag to a customer using an electronic benefit transfer card as
140	140	110payment.
141	141	111 Section 3. (a) Each city and town shall enforce this chapter through its enforcing
142	142	112authority as determined under subsection (c).
143	143	113 (b) A retail establishment that violates this chapter shall be subject to a warning for the
144	144	114first violation, a civil penalty of $500 for the second violation and a civil penalty of $1000 for a
145	145	115third or subsequent violation. Each day a retail establishment is in violation of this chapter shall
146	146	116be considered a separate violation. 7 of 8
147	147	117 Each city and town shall dispose of a civil violation under this subsection by the non-
148	148	118criminal method of disposition procedures contained in section 21D of chapter 40 without an
149	149	119enabling ordinance or bylaw.
150	150	120 (c) Each city and town shall designate the municipal board, department or official
151	151	121responsible for the local enforcement of this chapter and for the collection of money resulting
152	152	122from civil penalties assessed for violations of this chapter. A city or town shall retain any civil
153	153	123penalties collected for such violations.
154	154	124 Section 4. The department shall establish standards for reusable bags including, but not
155	155	125limited to, the minimum amount of weight, number of uses and the minimum amount of recycled
156	156	126material required in reusable bags.
157	157	127 The department may through regulation: (i) increase or adjust the postconsumer recycled
158	158	128material percentage in a recycled paper bag; (ii) increase or adjust the fee established under
159	159	129subsection (c) of section 2; (iii) allow a retail establishment to use other non-plastic type carryout
160	160	130bags that are recyclable or compostable, provided however that such regulations shall not be
161	161	131implemented prior to the universal availability of a safe disposal route for compostable bags and,
162	162	132provided further, that the department shall seek public comment on said proposed regulations;
163	163	133and (iv) promulgate standards regulating bags authorized under subsection (b) of section 2.
164	164	134 The department shall, when adopting or amending any standard for an allowed recycled
165	165	135or reusable bag under this chapter, consult with the department of public health on issues relating
166	166	136to food safety and the materials used to produce the bags. 8 of 8
167	167	137 The department shall conduct an evaluation of the implementation of this act every three
168	168	138years and shall submit to the clerks of the senate and the house of representatives a report
169	169	139including legislative recommendations not later than December 31.
170	170	140 Section 5. Nothing in this chapter shall prohibit or limit the department’s authority to
171	171	141enforce this chapter.
172	172	142 SECTION 2. Subsection (b) of section 21 of chapter 62C of the General Laws, as
173	173	143amended by section 15 of chapter 5 of the acts of 2019, is hereby further amended by adding the
174	174	144following clause:-
175	175	145 (32) the disclosure of information necessary for administration of the recycled paper bag
176	176	146fee imposed under section 2 of chapter 21P.
177	177	147 SECTION 3. Subsection (d) of section 2 of chapter 21P is hereby repealed.
178	178	148 SECTION 4. Notwithstanding any general or special law to the contrary, the department
179	179	149of transitional assistance shall, if necessary to implement subsection (h) of section 2 of chapter
180	180	15021P of the General Laws, use reasonable efforts to seek a waiver from the federal Food and
181	181	151Nutrition Service to implement said subsection (h) of said section 2 of said chapter 21P.
182	182	152 SECTION 5. Notwithstanding any general or special law to the contrary, the department
183	183	153of environmental protection shall inform the clerks of the house and senate in the case of a
184	184	154regional or national market shortage or a forecasted regional or national market shortage in the
185	185	155paper bag supply chain.
186	186	156 SECTION 6. Section 1 shall take effect 6 months after passage of this act.
187	187	157 SECTION 7. Section 3 shall take effect on January 1, 2025.