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| 2 | 2 | | SENATE DOCKET, NO. 2074 FILED ON: 1/20/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 570 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Rebecca L. Rausch |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to reduce plastics. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and MiddlesexJames B. EldridgeMiddlesex and Worcester2/14/2023Jason M. LewisFifth Middlesex2/28/2023 1 of 11 |
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| 16 | 16 | | SENATE DOCKET, NO. 2074 FILED ON: 1/20/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 570 |
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| 18 | 18 | | By Ms. Rausch, a petition (accompanied by bill, Senate, No. 570) of Rebecca L. Rausch, James |
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| 19 | 19 | | B. Eldridge and Jason M. Lewis for legislation to reduce plastics. Environment and Natural |
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| 20 | 20 | | Resources. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
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| 24 | 24 | | (2023-2024) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act to reduce plastics. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 SECTION 1. The General Laws are hereby amended by inserting after chapter 21O the |
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| 30 | 30 | | 2following chapter:- |
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| 31 | 31 | | 3 CHAPTER 21P: MASSACHUSETTS PLASTICS REDUCTION ACT |
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| 32 | 32 | | 4 Section 1. As used in this chapter, the following words shall have the following meanings |
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| 33 | 33 | | 5unless the context clearly requires otherwise: |
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| 34 | 34 | | 6 “Biodegradable”, made entirely of organic materials, including wood, paper, bagasse and |
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| 35 | 35 | | 7cellulose. |
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| 36 | 36 | | 8 “Carryout bag”, a bag provided to a customer to hold items purchased from or serviced |
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| 37 | 37 | | 9by a retail establishment. A carryout bag does not include a bag: (i) provided by a pharmacy to a |
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| 38 | 38 | | 10customer purchasing prescription medication; (ii) used to protect items from damaging or |
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| 39 | 39 | | 11contaminating other purchased items placed in a recycled paper bag or a reusable grocery bag; 2 of 11 |
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| 40 | 40 | | 12(iii) provided to contain an unwrapped food item; (iv) used to protect articles of clothing on a |
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| 41 | 41 | | 13hanger; (v) used to prevent frozen food items from thawing; (vi) containing products or items |
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| 42 | 42 | | 14that are saturated, wet, prone to leak or need to be immersed in a liquid; (vii) containing products |
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| 43 | 43 | | 15or items that are granular, powdery, dirty or greasy; or (viii) used to protect small items from |
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| 44 | 44 | | 16loss. |
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| 45 | 45 | | 17 “Compostable”, made entirely of material capable of being broken down or decomposed |
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| 46 | 46 | | 18at the end of its useful life into a beneficial soil amendment or conditioner. Composting shall not |
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| 47 | 47 | | 19include thermochemical processing. |
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| 48 | 48 | | 20 “Department”, the department of environmental protection. |
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| 49 | 49 | | 21 “Disposable”, designed to be discarded after a single or limited number of uses and not |
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| 50 | 50 | | 22designed or manufactured for long-term multiple reuse. |
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| 51 | 51 | | 23 “Food facility”, an operation that stores, prepares, packages, serves, vends, or otherwise |
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| 52 | 52 | | 24provides food to the public for human consumption, regardless of the intended location of such |
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| 53 | 53 | | 25consumption. |
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| 54 | 54 | | 26 “Food service ware”, disposable products used for serving or transporting foods or |
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| 55 | 55 | | 27beverages for human consumption, including without limitation plates, bowls, trays, cups, |
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| 56 | 56 | | 28cartons, hinged or lidded containers, straws, stirrers, cup spill plugs, cup sleeves, condiments |
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| 57 | 57 | | 29containers, utensils, cocktail sticks/picks, toothpicks, film wrap, and napkins. Food service ware |
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| 58 | 58 | | 30does not include detachable lids for beverage cups or food containers, coolers or ice chests. |
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| 59 | 59 | | 31 “Person”, an individual, partnership, trust, association, corporation, society, club, |
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| 60 | 60 | | 32institution, organization or other entity. 3 of 11 |
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| 61 | 61 | | 33 “Postconsumer recycled material”, material used in a recycled paper bag that would |
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| 62 | 62 | | 34otherwise be destined for solid waste disposal, having completed its intended end use and |
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| 63 | 63 | | 35product life cycle, and that does not comprise any material or byproduct generated from, and |
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| 64 | 64 | | 36commonly reused within, an original manufacturing and fabrication process. |
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| 65 | 65 | | 37 “Recycle”, to separate, dismantle, or process the materials, components or commodities |
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| 66 | 66 | | 38in covered materials for the purpose of preparation for use or reuse in new products or |
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| 67 | 67 | | 39components. Recycling shall not include energy recovery or energy generation by means of |
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| 68 | 68 | | 40combustion including but not limited to pyrolysis, gasification and any other heat chemical |
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| 69 | 69 | | 41conversion processes, landfill disposal of discovered covered products, or discarded product |
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| 70 | 70 | | 42component materials. |
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| 71 | 71 | | 43 “Recycled paper bag”, a paper bag that is 100 per cent recyclable and contains at least 20 |
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| 72 | 72 | | 44per cent postconsumer recycled material; provided, however, that a paper bag with a weight load |
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| 73 | 73 | | 45capacity of more than 8 pounds shall contain at least 40 per cent postconsumer recycled material. |
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| 74 | 74 | | 46 “Retail establishment”, a store or premises in which a person is engaged in the business |
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| 75 | 75 | | 47of selling or providing merchandise, goods, foods, or item servicing directly to customers, |
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| 76 | 76 | | 48including, but not limited to, grocery stores, department stores, pharmacies, convenience stores, |
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| 77 | 77 | | 49restaurants, coffee shops, food trucks and other mobile businesses, and seasonal and temporary |
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| 78 | 78 | | 50businesses, such as farmers markets and public markets; provided, however, that a “retail |
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| 79 | 79 | | 51establishment” shall include a non-profit organization, charity or religious institution that holds |
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| 80 | 80 | | 52itself out to the public as engaging and does engage in retail activities that are characteristic of |
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| 81 | 81 | | 53similar type retail businesses, whether or not for profit when engaging in such activity. 4 of 11 |
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| 82 | 82 | | 54 “Reusable bag”, a bag that: is made of machine-washable cloth, fabric, hemp or other |
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| 83 | 83 | | 55woven or non-woven fibers; has handles that are stitched and not heat-fused; and is designed and |
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| 84 | 84 | | 56manufactured for multiple uses. A bag made of plastic film of any thickness is not a reusable |
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| 85 | 85 | | 57bag. |
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| 86 | 86 | | 58 “Serviced” or “Servicing”, the past or present act of cleaning, repairing, improving, |
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| 87 | 87 | | 59refinishing or altering an item owned by a customer by a person engaged in a retail business of |
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| 88 | 88 | | 60customarily providing such services, including, but not limited to, dry cleaning and tailoring |
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| 89 | 89 | | 61articles of clothing, jewelry repair and shoe and leather repair. |
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| 90 | 90 | | 62 Section 2. (a) A retail establishment shall not provide a customer with a carryout bag |
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| 91 | 91 | | 63unless such carryout bag is a recycled paper bag or a reusable bag; provided, however, that a |
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| 92 | 92 | | 64retail establishment shall charge a customer not less than ten cents per carryout bag; and |
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| 93 | 93 | | 65provided further, that a carryout bag purchased under this section shall not be subject to taxation |
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| 94 | 94 | | 66pursuant to chapter 64H or 64I. |
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| 95 | 95 | | 67 (b) A retail establishment shall remit five cents per recycled paper bag sold to the |
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| 96 | 96 | | 68commissioner of revenue at the same time and in the same manner as sales taxes are due to the |
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| 97 | 97 | | 69commonwealth. The department of revenue may promulgate regulations to facilitate the |
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| 98 | 98 | | 70collection of the fee set forth in this subsection. |
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| 99 | 99 | | 71 (c) Except as provided in subsection (b), a retail establishment shall retain amounts |
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| 100 | 100 | | 72charged to customers for carryout bags. |
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| 101 | 101 | | 73 (d) Nothing in this section shall prohibit: (i) a customer from bringing a personal bag |
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| 102 | 102 | | 74made or comprised of any material to a retail establishment to carry out items purchased from or |
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| 103 | 103 | | 75serviced by the retail establishment; or (ii) a retail establishment from selling or offering for sale 5 of 11 |
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| 104 | 104 | | 76to customers packages containing several bags, products or goods with a protective or other bag |
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| 105 | 105 | | 77received from a manufacturer or distributor, or bags offered for sale as a product or merchandise |
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| 106 | 106 | | 78that are not carryout bags. |
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| 107 | 107 | | 79 (e) This section shall not apply to bags otherwise required to be used under state or |
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| 108 | 108 | | 80federal law or a nonprofit organization, charity or religious institution in the provision or |
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| 109 | 109 | | 81distribution of food, clothing or other items at no cost or substantially reduced cost. |
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| 110 | 110 | | 82 (f) A retail establishment that violates this section shall be subject to a warning for a first |
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| 111 | 111 | | 83violation, a civil penalty of not more than $500 for a second violation and a civil penalty of not |
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| 112 | 112 | | 84more than $1,000 for a third or subsequent violation. Each day a retail establishment is in |
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| 113 | 113 | | 85violation of this section shall be considered a separate violation. |
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| 114 | 114 | | 86 (g) Upon attestation to the department confirming satisfaction of the criteria set forth in |
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| 115 | 115 | | 87this subsection, this section shall not apply to retail establishments with not more than 3 store |
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| 116 | 116 | | 88locations under the same ownership; provided, however, that each location has not more than |
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| 117 | 117 | | 894,000 square feet of retail selling space and not more than 15 employees; and provided further, |
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| 118 | 118 | | 90that the retail establishment provided fewer than 15,000 carryout bags in total during the |
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| 119 | 119 | | 91previous calendar year. Retail establishments exempt under this subsection shall not be |
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| 120 | 120 | | 92prohibited from offering carryout bags for sale. |
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| 121 | 121 | | 93 Section 3. (a) A food facility shall not provide a customer with disposable food service |
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| 122 | 122 | | 94ware unless such food service ware is biodegradable or compostable; provided, however, that |
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| 123 | 123 | | 95drinking straws that are not biodegradable or compostable may be provided to a customer by the |
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| 124 | 124 | | 96customer. 6 of 11 |
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| 125 | 125 | | 97 (b) A food facility may charge a customer a fee for disposable food service ware; |
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| 126 | 126 | | 98provided, however, that any such fee charged pursuant to this section shall not be subject to |
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| 127 | 127 | | 99taxation pursuant to chapter 64H or 64I; and provided further, that a food facility charging a fee |
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| 128 | 128 | | 100pursuant to this section shall retain the entirety of any such fee charged. |
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| 129 | 129 | | 101 (c) A food facility that violates this section shall be subject to a warning for a first |
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| 130 | 130 | | 102violation, a civil penalty of not more than $250 for a second violation and a civil penalty of not |
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| 131 | 131 | | 103more than $500 for a third and each subsequent violation. Each day a food facility is in violation |
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| 132 | 132 | | 104of this section shall be considered a separate violation. |
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| 133 | 133 | | 105 Section 4. The department shall establish a program to provide for recycling of child |
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| 134 | 134 | | 106passenger restraints, as defined in section 1 of chapter 90, and is hereby authorized to: (i) |
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| 135 | 135 | | 107implement state, local, or regional child passenger restraint recycling programs; (ii) accept |
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| 136 | 136 | | 108applications from municipalities for grants and to award grants to assist in the development or |
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| 137 | 137 | | 109establishment of local and regional child passenger restraint recycling projects; and (iii) to |
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| 138 | 138 | | 110partner or contract with private organizations to assist in the development or establishment of a |
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| 139 | 139 | | 111child passenger restraint recycling program. |
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| 140 | 140 | | 112 Section 5. No retail establishment shall sell or otherwise provide to a consumer alcoholic |
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| 141 | 141 | | 113beverages in plastic containers less than or equal to 100 milliliters. A retail establishment that |
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| 142 | 142 | | 114violates this section shall be subject to a warning for a first violation, a civil penalty of not more |
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| 143 | 143 | | 115than $150 for a second violation and a civil penalty of not more than $300 for a third and each |
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| 144 | 144 | | 116subsequent violation. Each day a retail establishment is in violation of this section shall be |
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| 145 | 145 | | 117considered a separate violation. 7 of 11 |
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| 146 | 146 | | 118 Section 6. (a) No retail establishment shall sell or otherwise provide to a consumer plastic |
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| 147 | 147 | | 119bottles containing 1 liter or less of non-carbonated, non-flavored water, except as may be |
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| 148 | 148 | | 120required for safety, health, or emergency situations. A retail establishment that violates this |
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| 149 | 149 | | 121section shall be subject to a warning for a first violation, a civil penalty of not more than $150 for |
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| 150 | 150 | | 122a second violation and a civil penalty of not more than $300 for a third and each subsequent |
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| 151 | 151 | | 123violation. Each day a retail establishment is in violation of this section shall be considered a |
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| 152 | 152 | | 124separate violation. |
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| 153 | 153 | | 125 (b) State funds shall not be used to purchase plastic bottles containing 64 ounces or less |
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| 154 | 154 | | 126of non-carbonated, non-flavored water for use in facilities that are served by public water |
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| 155 | 155 | | 127supplies or potable well water, except as may be required for safety, health, or emergency |
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| 156 | 156 | | 128situations. |
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| 157 | 157 | | 129 Section 7. No ordinance, by-law or other rule or regulation inconsistent with the |
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| 158 | 158 | | 130provisions of this chapter may be adopted, promulgated or otherwise effectuated. |
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| 159 | 159 | | 131 Section 8. The department shall conduct an annual assessment of packaging production |
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| 160 | 160 | | 132and sales in the commonwealth. The assessment shall include, without limitation: the volume of |
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| 161 | 161 | | 133packaging made from plastics, metals, newsprint and other paper, glass, and other material |
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| 162 | 162 | | 134produced or sold in the commonwealth, delineated by material; the percentage of such packaging |
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| 163 | 163 | | 135deposited into a waste management stream, including recycling and composting, delineated by |
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| 164 | 164 | | 136material and waste management stream type; and of the packaging deposited into a waste |
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| 165 | 165 | | 137management stream, the percentage of recyclable or compostable material actually recycled or |
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| 166 | 166 | | 138composted, delineated by material. The department shall submit a report summarizing the |
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| 167 | 167 | | 139assessment to the senate and house committees on ways and means and the joint committee on 8 of 11 |
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| 168 | 168 | | 140the environment, natural resources and agriculture not later than January 31 of each year for the |
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| 169 | 169 | | 141preceding calendar year. The department shall also provide access to the raw data of the |
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| 170 | 170 | | 142assessment. Each report and data set shall be a public record. |
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| 171 | 171 | | 143 Section 9. Except as otherwise provided, the department shall promulgate regulations to |
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| 172 | 172 | | 144implement the provisions of this chapter. The department may promulgate regulations to |
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| 173 | 173 | | 145increase: (i) the minimum postconsumer recycled material required for recycled paper bags; and |
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| 174 | 174 | | 146(ii) the fee established in subsection (b) of section 2. |
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| 175 | 175 | | 147 SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting after |
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| 176 | 176 | | 148section 2QQQQQ the following section:- |
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| 177 | 177 | | 149 Section 2RRRRR. (a) There shall be an Environmental Protection Trust Fund. The fund |
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| 178 | 178 | | 150shall be expended to: improve the air, water, soil, or other environmental conditions for |
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| 179 | 179 | | 151environmental justice populations, as defined by section 62 of chapter 30; provide reusable bags |
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| 180 | 180 | | 152to environmental justice populations and individuals receiving benefits administered by the |
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| 181 | 181 | | 153department of transitional assistance at no cost; issue grants to small businesses that are |
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| 182 | 182 | | 154incorporated and have principal places of business in the commonwealth to assist in the |
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| 183 | 183 | | 155reduction of plastic use within each business, including without limitation small businesses in the |
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| 184 | 184 | | 156food service and production industries; and provide multilingual, culturally competent |
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| 185 | 185 | | 157educational materials and programming, including but not limited to experiential education, |
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| 186 | 186 | | 158regarding bag reuse and recycling and other aspects of environmental protection. The fund |
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| 187 | 187 | | 159shall consist of: (i) revenue from appropriations or other money authorized by the general court |
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| 188 | 188 | | 160and specifically designated to be credited to the fund; (ii) interest earned on such revenues; (iii) |
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| 189 | 189 | | 161funds from public and private sources, including but not limited to gifts, grants, donations, and 9 of 11 |
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| 190 | 190 | | 162settlements received by the commonwealth that are specifically designated to be credited to the |
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| 191 | 191 | | 163fund; (iv) federal funds paid to the commonwealth designated to be credited to the fund; and (v) |
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| 192 | 192 | | 164monies paid to the commonwealth pursuant to chapter 21P. Any bond proceeds deposited into |
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| 193 | 193 | | 165the fund shall be kept separate from any and all other funds deposited into the fund. Any balance |
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| 194 | 194 | | 166in the fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal |
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| 195 | 195 | | 167years and shall not be transferred to any other fund or revert to the general fund. |
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| 196 | 196 | | 168 (b) The department of environmental protection shall administer the fund. Annually not |
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| 197 | 197 | | 169later than March 1, the department shall report on the activities of the fund from the previous |
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| 198 | 198 | | 170calendar year to the senate and house committees on ways and means and the joint committee on |
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| 199 | 199 | | 171environment, natural resources and agriculture. The department may promulgate regulations or |
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| 200 | 200 | | 172issue other guidance to implement this section. The department shall consult with the department |
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| 201 | 201 | | 173of transitional assistance to equitably implement the provision of no-cost reusable bags as set |
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| 202 | 202 | | 174forth in subsection (a). The department shall consult with the Massachusetts growth capital |
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| 203 | 203 | | 175corporation to equitably implement the provision of grants to small businesses to assist in the |
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| 204 | 204 | | 176reduction of plastic use. |
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| 205 | 205 | | 177 SECTION 3. The department of environmental protection shall prepare a plan to |
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| 206 | 206 | | 178establish comprehensive publicly accessible statewide composting. The plan shall be designed to |
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| 207 | 207 | | 179increase the rate at which food and organic waste is composted and reduce the contamination of |
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| 208 | 208 | | 180waste and recycling streams by compostable materials. Not later than August 31, 2024, the |
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| 209 | 209 | | 181department shall submit to the senate and house committees on ways and means and the joint |
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| 210 | 210 | | 182committee on the environment, natural resources and agriculture a report stating the plan and |
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| 211 | 211 | | 183indicating any resources necessary to implement the plan. Subject to appropriation, the |
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| 212 | 212 | | 184department shall implement the plan by December 31, 2025. 10 of 11 |
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| 213 | 213 | | 185 SECTION 4. There shall be a special legislative commission for the purpose of |
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| 214 | 214 | | 186recommending to the legislature an extended producer responsibility plan for the commonwealth. |
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| 215 | 215 | | 187The commission shall include the commissioner of the department of environmental protection |
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| 216 | 216 | | 188or a designee, who shall serve as chair; the commissioner of the department of agricultural |
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| 217 | 217 | | 189resources, or a designee; the director of the office of business development, or a designee; an |
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| 218 | 218 | | 190appointee of the attorney general with expertise in consumer protection; an appointee of the |
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| 219 | 219 | | 191senate chair of the joint committee on environment, natural resources and agriculture; an |
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| 220 | 220 | | 192appointee of the house chair of the joint committee on environment, natural resources and |
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| 221 | 221 | | 193agriculture; and additional individuals appointed by the chair who represent packaging |
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| 222 | 222 | | 194producers, retailers, waste haulers, material recovery facility operators, municipalities, food |
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| 223 | 223 | | 195producers, farmers, statewide environmental protection organizations, statewide or community |
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| 224 | 224 | | 196environmental justice organizations, regional or community environmental protection |
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| 225 | 225 | | 197organizations, freshwater and marine litter programs, regional waste management entities, and |
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| 226 | 226 | | 198environmental and human health scientists. Each commission member may represent only 1 |
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| 227 | 227 | | 199listed category and the chair shall ensure that no category is disproportionately represented on |
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| 228 | 228 | | 200the commission. The chair may select a third-party facilitator for the commission. The |
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| 229 | 229 | | 201commission shall use the initial assessment report required by section 8 of chapter 21P of the |
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| 230 | 230 | | 202General Laws in crafting its recommended extended producer responsibility plan. The |
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| 231 | 231 | | 203recommended plan shall include a material cost differentiation system; a proposed structure for |
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| 232 | 232 | | 204producer payments and collector reimbursements; net costs of residential curbside collection or |
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| 233 | 233 | | 205transfer station operations, on-site processing costs for each readily recyclable material type, |
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| 234 | 234 | | 206management costs of non-readily recyclable materials, and other cost factors; and methods of |
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| 235 | 235 | | 207incentivizing packaging production and waste stream contamination reduction, which may 11 of 11 |
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| 236 | 236 | | 208include reuse and lifespan extensions. Not later than December 2, 2024, the commission shall |
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| 237 | 237 | | 209submit its recommendations and related factual findings to the senate and house committees on |
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| 238 | 238 | | 210ways and means and the joint committee on the environment, natural resources and agriculture |
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| 239 | 239 | | 211and publish said recommendations and related factual findings on the website of the department |
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| 240 | 240 | | 212of environmental protection. |
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| 241 | 241 | | 213 SECTION 5. Except as otherwise provided herein, the provisions of this act shall take |
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| 242 | 242 | | 214effect on August 1, 2024. |
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| 243 | 243 | | 215 SECTION 6. Section 3 of chapter 21P of the General Laws shall take effect on |
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| 244 | 244 | | 216September 1, 2026. |
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| 245 | 245 | | 217 SECTION 7. Subsection (g) of section 2 of chapter 21P of the General Laws is hereby |
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| 246 | 246 | | 218repealed. |
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| 247 | 247 | | 219 SECTION 8. Section 7 shall take effect on September 1, 2026. |
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