Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1035 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2893 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1035
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David M. Rogers
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to improve plastic bottles and their recycling.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/16/2025 1 of 6
16	16	HOUSE DOCKET, NO. 2893 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1035
18	18	By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 1035) of
19	19	David M. Rogers relative to the sale of single-use beverage containers and the minimum content
20	20	standard for plastic beverage containers. Environment and Natural Resources.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 889 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act to improve plastic bottles and their recycling.
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 The General Laws are hereby amended by inserting after chapter 21O the following
32	32	2chapter:
33	33	3 CHAPTER 21P.
34	34	4 IMPROVED PLASTIC BOTTLES AND INCREASED RECYCLING
35	35	5 Section 1. Definitions. As used in this chapter, the following words shall have the
36	36	6following meanings unless the context clearly requires otherwise:
37	37	7 A. “Beverage”, any of the following products prepared for immediate consumption
38	38	8and sold in a single-use container: 2 of 6
39	39	9 i. Beer and malt beverages; wine distilled spirit coolers; carbonated water and soda;
40	40	10noncarbonated water; carbonated soft drinks; noncarbonated soft drinks and ‘soft’ drinks; non-
41	41	11carbonated fruit drinks that contain any percentage of fruit juice and vegetable juice; coffee and
42	42	12tea drinks; carbonated fruit drinks; vegetable and fruit juice, sports drinks, fermented non-
43	43	13alcoholic drinks;
44	44	14 B. “Beverage cap”, a cap on any plastic beverage container that is made wholly or in
45	45	15large part from plastic;
46	46	16 C. “Plastic beverage container”, an individual, separate bottle, can, jar, carton, or
47	47	17other receptacle, however denominated, in which one liter or less of a beverage is sold, and that
48	48	18is constructed of plastic. “Beverage container” does not include a cup or other similar container
49	49	19open or loosely sealed receptacle;
50	50	20 D. “The Department” means the Department of Environmental Protection for the
51	51	21Commonwealth of Massachusetts;
52	52	22 E. “Plastic”, an organic or petroleum derivative synthetic or a semisynthetic organic
53	53	23solid that is moldable, and to which additives or other substances may have been added, with the
54	54	24exception of natural polymers that have not been chemically modified;
55	55	25 F. “Postconsumer recycled plastic” means plastic that would otherwise be destined
56	56	26for solid waste disposal, having completed its intended end-use and product life cycle;
57	57	27 G. “Product manufacturer” means any person, partnership, association, corporation
58	58	28or any other entity that, through its own action or through contract or control, is primarily 3 of 6
59	59	29responsible for causing a product to be produced that is held inside of a rigid plastic packaging
60	60	30container and sold or offered for sale in Massachusetts.
61	61	31 i. The Department shall consider the following factors in identifying a product
62	62	32manufacturer:
63	63	33 1. The ownership of the brand name of the product in the beverage container;
64	64	34 2. Primary control or influence over the design of the product in the beverage
65	65	35container;
66	66	36 3. Primary control or influence over the design specifications of the beverage
67	67	37container;
68	68	38 ii.Any entity that has a legally recognized corporate relationship (i.e.
69	69	39parent/subsidiary or affiliate relationship) with a product manufacturer shall be allowed to
70	70	40assume the responsibilities of the product manufacturer as they relate to the requirements of this
71	71	41Act.
72	72	42 H. “Retailer” means a person who sells a beverage in a beverage container to a
73	73	43consumer;
74	74	44 I. “Single use”, means intended for disposal after one use and used for serving or
75	75	45transporting a prepared, ready-to-consume product, and is not intended for multiple trips or
76	76	46rotations by being returned to the producer for refill or reused for the same purpose for which it
77	77	47was conceived.
78	78	48 Section 2. Prohibition. 4 of 6
79	79	49 A. On and after January 1, 2024, a retailer shall not sell or offer for sale, in the state,
80	80	50a single-use beverage container with a beverage cap, unless the container meets one of the
81	81	51following conditions:
82	82	52 i. The beverage cap is tethered to the container in a manner that prevents the
83	83	53separation of the cap from the container when the cap is removed from the container;
84	84	54 ii.The beverage cap includes an opening from which the beverage can be consumed
85	85	55while the cap is screwed onto or otherwise contiguously affixed to the container;
86	86	56 B. Metal caps or lids with plastic seals shall not be considered to be made from
87	87	57plastic. Glass and metal beverage containers that have caps and lids made from plastic shall not
88	88	58be included in this act;
89	89	59 Section 3. Minimum Recycled Content for Plastic Beverage Containers.
90	90	60 A. On and after January 1, 2024, a beverage container that is constructed from plastic
91	91	61shall have a minimum content standard of 15 percent postconsumer recycled plastic. The
92	92	62department may adjust the standards based on factors that shall include, but are not limited to, all
93	93	63the following factors:
94	94	64 i. Market conditions;
95	95	65 ii.Supply;
96	96	66 iii.Technology advancements;
97	97	67 iv.Environmental considerations; 5 of 6
98	98	68 B. A beverage container that is reused and refilled at least five times is exempt from
99	99	69compliance with subdivision (A);
100	100	70 C. On and after January 1, 2025, the initial minimum content standard set pursuant to
101	101	71subdivision (A) shall not restrict the department’s ability to adjust the minimum content standard
102	102	72for plastic beverage containers, but the department shall not adjust that minimum content
103	103	73standard to less than 15 percent;
104	104	74 D. On and after January 1, 2026, the initial minimum content standard for plastic
105	105	75beverage containers set pursuant to subdivision (A) shall be increased to 20 percent. Pursuant to
106	106	76subdivision (C), the department may adjust the minimum content standard for plastic beverage
107	107	77containers, but the department shall not adjust that minimum content standard to less than 20
108	108	78percent;
109	109	79 E. On and after January 1, 2027, the initial minimum content standard for plastic
110	110	80beverage containers set pursuant to subdivision (A) shall be increased to 25 percent. Pursuant to
111	111	81subdivision (C), the department may adjust the minimum content standard for plastic beverage
112	112	82containers, but the department shall not adjust that minimum content standard to less than 25
113	113	83percent;
114	114	84 F. A product manufacturer which produces plastic beverage containers shall submit
115	115	85certification to the Department, under penalty of perjury, verifying whether it is in compliance
116	116	86with subdivision (a), if requested by the Department.
117	117	87 Section 4. Enforcement of Minimum Recycled Content for Plastic Beverage Containers. 6 of 6
118	118	88 A. Non-compliance shall be considered a public offense, and the Department may
119	119	89place fines of up to $100,000 on any product manufacturer found to be below the 15 percent
120	120	90postconsumer recycled content threshold for plastic beverage containers;
121	121	91 B. Any product manufacturer who provides false information on a certification of
122	122	92compliance to the Department may be prosecuted for fraud by the state attorney general.