Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1038 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. 504 FILED ON: 1/9/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1038
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jeffrey N. Roy
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 enhancing circularity in recycling.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jeffrey N. Roy10th Norfolk1/9/2025 1 of 15
16	16	HOUSE DOCKET, NO. 504 FILED ON: 1/9/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1038
18	18	By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1038) of Jeffrey
19	19	N. Roy relative to enhancing circularity in recycling. Environment and Natural Resources.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 893 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to enhancing circularity in recycling.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 The General Laws are hereby amended by inserting after Chapter 94I the following
31	31	2chapter:-
32	32	3 CHAPTER 94J.
33	33	4 ENHANCING CIRCULARITY IN RECYCLING.
34	34	5 Section 1. As used in this chapter the following words shall, unless the context clearly
35	35	6requires otherwise, have the following meanings:-
36	36	7 "Beverage", any ready to drink liquid for human consumption. Beverage shall not
37	37	8include infant formula, medical food, fortified oral nutritional supplements used for persons who
38	38	9require supplemental or sole source nutritional needs due to special dietary needs directly related 2 of 15
39	39	10to cancer, chronic kidney disease, diabetes or other medical conditions as determined by the
40	40	11department.
41	41	12 "Covered product", an item in 1 of the following categories subject to minimum post-
42	42	13consumer recycled content requirements: (i) plastic trash bags; (ii) plastic carry-out bags; (iii)
43	43	14plastic beverage containers; (iv) rigid plastic containers, including food containers and household
44	44	15cleaning and personal care product packaging. Covered product shall not include any type of
45	45	16container or bag for which the commonwealth is preempted from regulating content of the
46	46	17container material or bag material under federal law.
47	47	18 "Department", department of environmental protection.
48	48	19 "Food", articles used for food or drink for consumption by humans or other animals, and
49	49	20articles used for components of any such article.
50	50	21 "Glass container", a container made of glass that is filled with a food or beverage.
51	51	22 "Hot fill process", a process to sterilize both a food product and its container during the
52	52	23food packaging process, in which the food product is heated to a temperature between 194 and
53	53	24203 degrees Fahrenheit and then injected into the container.
54	54	25 "Paper carryout bag", a bag made of paper that is sold or provided by a store to a
55	55	26customer for the purpose of containing, carrying, and transporting food, beverages or retail
56	56	27goods.
57	57	28 "Person", an individual, corporation, company, association, society, firm, partnership or
58	58	29joint stock company. 3 of 15
59	59	30 "Plastic", a synthetic material made from linking monomers through a chemical reaction
60	60	31to create an organic polymer chain that can be molded or extruded at high heat into various solid
61	61	32forms retaining their defined shapes during the life cycle and after disposal. Plastic shall not
62	62	33include material that is designed to be composted in a municipal or industrial aerobic composting
63	63	34facility and that is certified by a recognized third-party independent verification body as meeting
64	64	35the standards therefor established by the American Society for Testing and Materials in ASTM
65	65	36D6400 or ASTM D6868.
66	66	37 "Plastic beverage container", an individual, sealable, separate bottle, can, jar, carton or
67	67	38other container made of plastic that is intended to contain a beverage up to 2 gallons in capacity.
68	68	39Plastic beverage container does not include: (i) refillable beverage containers, such as containers
69	69	40that are sufficiently durable for multiple rotations of their original or similar purpose and are
70	70	41intended to function in a system of reuse; (ii) rigid plastic containers or plastic bottles that are or
71	71	42are used for medical devices, medical products that are required to be sterile, nonprescription and
72	72	43prescription drugs or dietary supplements; (iii) liners, bladders, caps, corks, closures, labels and
73	73	44other items added but otherwise separate from the structure of the bottle or container; and (iv)
74	74	45containers certified as industrial compostable pursuant to ASTM D6400 or D6868.
75	75	46 "Plastic carryout bag", a bag made of plastic, of any thickness, whether woven or
76	76	47nonwoven, that is sold or provided by a store to a customer for the purpose of containing,
77	77	48carrying and transporting food, beverages or retail goods.
78	78	49 "Plastic trash bag", a bag that is made of plastic, is at least 0.70 mils thick, and is
79	79	50designed and manufactured for use as a container to hold, store, or transport materials to be 4 of 15
80	80	51discarded, composted or recycled, and includes, but is not limited to, a garbage bag, lawn or leaf
81	81	52bag, can-liner bag, kitchen bag or compactor bag.
82	82	53 "Postconsumer material", a material or product that has completed its intended end use
83	83	54and product life cycle, and which has been separated from the solid waste stream for the
84	84	55purposes of collection and recycling. Postconsumer material shall not include pre-consumer or
85	85	56post-industrial secondary waste material or materials and by-products generated from, and
86	86	57commonly used within, an original manufacturing and fabrication process.
87	87	58 "Producer". the following person responsible, including a manufacturer, for compliance
88	88	59with minimum post-consumer recycled content requirements for a covered product sold, offered
89	89	60for sale or distributed in or into the commonwealth: (i) if the covered product is sold under the
90	90	61producer’s own brand or lacks identification of a brand, the producer is the person who
91	91	62manufactures the covered product; (ii) if the covered product is manufactured by a person other
92	92	63than the brand owner, the producer is the person who is the licensee of a brand or trademark
93	93	64under which a covered product is sold, offered for sale or distributed in or into the
94	94	65commonwealth, whether or not the trademark is registered in the commonwealth, unless the
95	95	66manufacturer or brand owner of the covered product has agreed to accept responsibility under
96	96	67this chapter; or (iii) if there is no person described in this chapter over whom the commonwealth
97	97	68can constitutionally exercise jurisdiction, the producer is the person who imports or distributes
98	98	69the covered product in or into the commonwealth. Producer shall not include: (a) government
99	99	70agencies, municipalities or other political subdivisions of the commonwealth; (b) registered
100	100	71501(c)(3) charitable organizations and 501(c)(4) social welfare organizations. 5 of 15
101	101	72 "Rigid plastic container", a container made of plastic that has a relatively inflexible finite
102	102	73shape or form, has a minimum capacity of 8 fluid ounces or its equivalent volume and a
103	103	74maximum capacity of 5 fluid gallons or its equivalent volume, and is capable of maintaining its
104	104	75shape while empty or while holding other products.
105	105	76 Section 2. (1) Rigid plastic containers sold or offered for sale in the commonwealth shall
106	106	77comply with the minimum post-consumer recycled content requirements under this section.
107	107	78 (2) Beginning 2 years after the effective date of this chapter, all rigid plastic containers
108	108	79sold, offered for sale, or used in association with the sale or offer for sale of a product in the
109	109	80commonwealth by a producer shall contain, on average and in aggregate, at least 10 per cent
110	110	81postconsumer recycled content.
111	111	82 (3) Beginning 5 years after the effective date of this chapter, and every 3 years thereafter,
112	112	83the percentage of postconsumer recycled content required on average and in aggregate for rigid
113	113	84plastic containers pursuant to this section shall increase by 10 per cent, until reaching 50 per
114	114	85cent.
115	115	86 (4) A rigid plastic container shall be exempt from the postconsumer recycled content
116	116	87requirements of this section if it: (i) is associated with a product produced in or brought into the
117	117	88commonwealth that is destined for shipment to a destination outside the commonwealth, and that
118	118	89remains with the product upon shipment; (ii) contains drugs, dietary supplements, medical
119	119	90devices, or cosmetics as those terms are defined in the Federal Food, Drug, and Cosmetic Act, 21
120	120	91U.S.C. sec.301 et seq.; (iii) contains toxic or hazardous products regulated under the "Federal
121	121	92Insecticide, Fungicide, and Rodenticide Act," 7 U.S.C. sec.136 et seq.; (iv) is manufactured for
122	122	93use in the shipment of hazardous materials and is: (a) prohibited from being manufactured with 6 of 15
123	123	94used material by federal packaging material specifications set forth in 49 C.F.R. sec.178.509 and
124	124	9549 C.F.R. sec.178.522, (b) is subject to the testing standards set forth in 49 C.F.R. sec.178.600
125	125	96through 49 C.F.R. sec.178.609, or (c) is subject to the recommendations of the United Nations on
126	126	97the transport of dangerous goods; or (iv) is a refillable container or a reusable container. For the
127	127	98purposes of this paragraph, "refillable container" means a rigid plastic container that is routinely
128	128	99returned to and refilled by the producer with the same product packaged by the container; and
129	129	100"reusable container" means a rigid plastic container that is routinely reused by consumers to store
130	130	101the original product packaged by the container.
131	131	102 Section 3. (1) Plastic beverage containers sold or offered for sale in the commonwealth
132	132	103shall comply with the minimum post-consumer recycled content requirements under this section.
133	133	104 (2) Beginning 2 years after the effective date of this chapter, all plastic beverage
134	134	105containers shall contain, on average and in aggregate, at least 15 per cent post-consumer recycled
135	135	106content.
136	136	107
137	137	108 (3) Beginning 5 years after the effective date of this chapter, and every 3 years thereafter,
138	138	109the amount of postconsumer recycled content required on average and in aggregate for plastic
139	139	110beverage containers pursuant to this section shall increase by 5 per cent, until reaching 50 per
140	140	111cent; except the postconsumer recycled content requirement for producers who utilize a hot fill
141	141	112process shall not exceed 30 per cent.
142	142	113 (4) The provisions of this section shall not apply to a refillable beverage container. For
143	143	114the purposes of this section, "refillable beverage container" shall mean a beverage container that 7 of 15
144	144	115holds 150 fluid ounces or less of beverage, and which is routinely returned to the producer to be
145	145	116refilled and resold.
146	146	117 Section 4. (1) Glass containers sold or offered for sale in the commonwealth shall comply
147	147	118with the minimum post-consumer recycled content requirements under this section.
148	148	119 (2) Beginning 2 years after the effective date of this chapter, all glass containers shall
149	149	120contain, on average, and in aggregate, at least 35 per cent postconsumer recycled content; except
150	150	121that, if a producer certifies to the department that its use of postconsumer recycled content is
151	151	122made up of at least 50 per cent mixed-color cullet, then the glass containers shall only be
152	152	123required to contain, on average, at least 25 per cent postconsumer recycled content. As used in
153	153	124this section, "mixed-color cullet" means cullet that does not meet the American Society for
154	154	125Testing and Materials (ASTM) standard specifications for the color mix of color-sorted, post-
155	155	126filled glass as a raw material for the manufacture of glass containers.
156	156	127 Section 5. (1) Paper carryout bags sold or offered for sale in the commonwealth shall
157	157	128comply with the minimum post-consumer recycled content requirements under this section.
158	158	129 (2) Beginning 2 years after the effective date of this section, all paper carryout bags shall
159	159	130contain, on average and in aggregate, at least 40 per cent postconsumer recycled content; except
160	160	131that a paper carryout bag that holds 8 pounds or less shall only be required to contain, on
161	161	132average, at least 20 per cent postconsumer recycled content.
162	162	133 Section 6. (1) Plastic carryout bags sold or offered for sale in the commonwealth shall
163	163	134comply with the minimum post-consumer recycled content requirements under this section. 8 of 15
164	164	135 (2) Beginning 2 years after the effective date of this chapter, plastic carryout bags shall
165	165	136contain, on average and in aggregate, at least 20 per cent postconsumer recycled content.
166	166	137 (3) Beginning 5 years after the effective date of this chapter, plastic carryout bags shall
167	167	138contain, on average and in aggregate, at least 40 per cent postconsumer recycled content.
168	168	139 Section 7. (1) Plastic trash bags sold or offered for sale in the commonwealth shall
169	169	140comply with the minimum post-consumer recycled content requirements under this section.
170	170	141 (2) Beginning 2 years after the effective date of this chapter, plastic trash bags shall
171	171	142contain on average and in aggregate the following proportion of postconsumer recycled content:
172	172	143(i) for plastic trash bags greater than 0.70 mils thick but less than 0.80 mils thick, at least five
173	173	144percent; (ii) for plastic trash bags greater than 0.80 mils thick but less than 1.00 mils thick, at
174	174	145least 10 percent; and (iii) for plastic trash bags equal to or greater than 1.00 mils thick, at least 20
175	175	146per cent.
176	176	147 (3) Beginning 5 years after the effective date of this chapter, plastic trash bags shall
177	177	148contain on average and in aggregate the following proportion of postconsumer recycled content:
178	178	149(i) for plastic trash bags greater than 0.70 mils thick but less than 0.80 mils thick, at least 10 per
179	179	150cent; (ii) for plastic trash bags greater than 0.80 mils thick but less than 1.00 mils thick, at least
180	180	15120 per cent; and (iii) for plastic trash bags equal to or greater than 1.00 mils thick, at least 40 per
181	181	152cent.
182	182	153 (4) This section shall not apply to a plastic trash bag that is designed and manufactured
183	183	154to hold, store or transport hazardous waste or regulated medical waste. For the purposes of this
184	184	155paragraph, "hazardous waste" and "regulated medical waste" shall meet the definition established 9 of 15
185	185	156by the department; provided however, that producers are encouraged to utilize post consumer
186	186	157recycled content (PCR) unless expressly prohibited.
187	187	158 Section 8. (1) A package or container that contains milk products, plant-based products
188	188	159with names that include the names of dairy foods such as "milk," medical food, food for special
189	189	160dietary use, or infant formula shall be exempt from the postconsumer recycled content
190	190	161requirements of this chapter.
191	191	162 (2) As used in this section the following terms shall, unless the context clearly requires
192	192	163otherwise, have the following meanings:
193	193	164 "Food for special dietary use", means the same as the term is defined in 21 U.S.C. sec.
194	194	165350. "Medical food" and
195	195	166 "Infant formula", means the same as that term is defined in the Federal Food, Drug, and
196	196	167Cosmetic Act, 21 U.S.C. sec. 301 et seq.
197	197	168 "Medical food", means the same as that term is defined in the Federal Food, Drug, and
198	198	169Cosmetic Act, 21 U.S.C. sec. 301 et seq.
199	199	170 "Milk product", means the same as that term is defined by the United States Food and
200	200	171Drug Administration.
201	201	172 Section 9. (1) A package or container that contains food shall be exempt from the
202	202	173postconsumer recycled content requirements of this chapter for a period of 5 years beginning on
203	203	174the effective date of this chapter, except that the exemption provided in this subsection shall not
204	204	175apply to a plastic beverage container or a glass container filled with a beverage. 10 of 15
205	205	176 (2) The department may, in its discretion, extend the 5-year exemption. Upon expiration
206	206	177of the exemption, a producer shall be subject to the applicable postconsumer recycled content
207	207	178requirements in effect at the time of the expiration.
208	208	179 Section 10. (1) Products or materials sold or offered for sale in the commonwealth may
209	209	180be waived from the minimum post-consumer recycled content requirements as follows: (i) in
210	210	181order to qualify, a producer shall submit to the department documentation from a federal or state
211	211	182agency or certified third-party expert, demonstrating that the producer cannot comply with the
212	212	183postconsumer recycled content requirements for the following reason: that the producer cannot
213	213	184maintain compliance with applicable rules and regulations adopted by the United States Food
214	214	185and Drug Administration, or other applicable state or federal law, rule, or regulation and comply
215	215	186with the postconsumer recycled content requirements.
216	216	187 (2) The department may grant a waiver for a period of up to 2 years. The department
217	217	188shall publish any determinations to grant waivers on its website.
218	218	189 Section 11. (1) For the purposes of determining a producer’s compliance with the post-
219	219	190consumer recycled content requirement, the producer may: (i) determine compliance for the total
220	220	191quantity of each category of covered materials, by weight, that are sold in the commonwealth.
221	221	192Compliance shall be determined for each category on average and in aggregate across the
222	222	193category and shall not be construed as requiring compliance with the requirements for each
223	223	194individual covered product sold; and (ii) rely on state-specific data regarding covered product
224	224	195sales and material use, if available, or may alternatively rely on the same type of regional or
225	225	196national data. 11 of 15
226	226	197 (2) If a producer elects to rely on data derived from applicable data that is regional or
227	227	198national rather than state-specific as provided in clause (ii) of paragraph (1), they shall: (i)
228	228	199prorate the regional or national data to determine the state-specific figures based on market share
229	229	200or population in a manner that ensures that the percentage of post-consumer recycled plastic
230	230	201calculated for covered products sold in the commonwealth is the same percentage as calculated
231	231	202for that larger region or territory; and (ii) document the methodology used to determine those
232	232	203state-specific figures calculated under said clause (ii) of said paragraph (1) in the annual report.
233	233	204 Section 12. The department shall establish and maintain regulations allowing for a
234	234	205producer to discharge its obligations under this chapter by making an alternative compliance
235	235	206payment in an amount established by the department; provided however, that the department
236	236	207shall set post-consumer recycled content requirement alternative compliance payment rates at
237	237	208levels that shall stimulate the development of a post-consumer recycled content market. The
238	238	209department shall establish and maintain regulations outlining procedures by which each
239	239	210producer, shall annually submit for the department's review a filing illustrating the producer’s
240	240	211compliance with the requirements of this section and the producer’s efforts made toward
241	241	212achieving compliance where commercially feasible.
242	242	213 Section 13. (a) The department shall impose penalties on a producer that is in violation of
243	243	214this chapter. The department may enforce the provisions of this chapter by any of the following:
244	244	215 (i) issue an order requiring the person to comply;
245	245	216 (ii) bring a civil action; 12 of 15
246	246	217 (iii) levy a civil administrative penalty, which the department shall set at an amount that
247	247	218is higher than the alternative compliance payment that the producer would have paid in carrying
248	248	219out its obligations under this chapter;
249	249	220 (iv) bring an action for a civil penalty;
250	250	221 (v) require a producer to submit a corrective action plan; or
251	251	222 (vi) notify the public of a producer which, at any time during a reporting period, was not
252	252	223in compliance with the requirements of this chapter.
253	253	224 (b) The exercise of any of the remedies provided in this section shall not preclude
254	254	225recourse to any other remedy so provided.
255	255	226 (c) All penalties shall be placed into a special, non-lapsing account to be known as the
256	256	227Recycling Enhancement Fund. which shall be credited with all penalties collected. Moneys in the
257	257	228account may be utilized by the department for administrative expenses incurred in connection
258	258	229with this chapter for recycling public education and to stimulate the development of a post-
259	259	230consumer recycled content market.
260	260	231 Section 14. (a) Annually, on April 1, following 2 years after the effective date of this
261	261	232chapter, a producer that offers for sale, sells or distributes covered products into the
262	262	233commonwealth shall register with the department individually or through a third-party
263	263	234representative registering on behalf of a group of producers, in a form and manner as prescribed
264	264	235by the department, and pay an annual registration fee of $5,000. A producer that fails to register
265	265	236with the department pursuant to this section shall first receive a written warning. A producer that
266	266	237receives a written warning shall register with the department no later than 90 days after receipt of 13 of 15
267	267	238the warning. A producer that receives a written warning and that fails to register with the
268	268	239department within 90 days of receipt of the warning shall be subject to the penalties set forth in
269	269	240section 13 of this chapter.
270	270	241 (b) All registration fees shall be placed into a special, non-lapsing account to be known as
271	271	242the Recycling Enhancement Fund. Moneys in the account may be utilized by the department for
272	272	243administrative expenses incurred in connection with this chapter, for recycling public education
273	273	244and to stimulate the development of a post-consumer recycled content market.
274	274	245 Section 15. (1) Annually, on October 1, following 3 years and 6 months after the
275	275	246effective date of this chapter, each producer shall submit a report certifying, in writing, to the
276	276	247department the extent to which it is in compliance with the postconsumer recycled content
277	277	248requirements of this chapter, are otherwise exempt or have been approved for a waiver from the
278	278	249requirements.
279	279	250 (2) The producer shall set forth the specific basis for any exemptions that are claimed,
280	280	251and submit such proof as the Department determines necessary.
281	281	252 (3) The certification shall be signed by an authorized representative of the producer. A
282	282	253producer shall submit the certification, in the form and manner determined by the department,
283	283	254under penalty of perjury. The certification shall include: (i) the amount, in pounds, of not post-
284	284	255consumer, glass or paper; and (ii) the amount, in pounds, of post-consumer recycled material
285	285	256used by the producer for any products subject to the requirements of this chapter, and any other
286	286	257information as the department deems necessary.
287	287	258 (4) The department may allow independent, third-party verification organizations to
288	288	259verify producers’ compliance with the requirements of this chapter. 14 of 15
289	289	260 Section 16. Each producer shall maintain records, in a form prescribed by the department,
290	290	261that demonstrate whether, how and to what extent the producer has complied with the
291	291	262postconsumer recycled content requirements, or whether the producer qualifies for an exemption
292	292	263or waiver from the postconsumer recycled content requirements. The department may adopt
293	293	264specific requirements for the records required to be maintained pursuant to this section and may
294	294	265request the records from a producer at any time. A producer shall submit records to the
295	295	266department no later than 30 days after receipt of a request, unless the department extends that
296	296	267timeframe.
297	297	268 Section 17. The department may audit or investigate a producer, at any time, to assess the
298	298	269producer’s compliance with the requirements of this chapter. Each year, the department may
299	299	270audit, or cause to be audited, a random sample of producers in order to determine compliance
300	300	271with this chapter. A producer shall cooperate fully with any audit or investigation conducted
301	301	272pursuant to this section. The department may require a producer to pay the costs of an audit
302	302	273conducted pursuant to this section.
303	303	274 Section 18. The department shall annually publish a list of registered producers, their
304	304	275compliance status and other information the department deems appropriate on the department’s
305	305	276website.
306	306	277 Section 19. Not later than 2 years after the effective date of this chapter, the department
307	307	278shall adopt rules and regulations necessary for the implementation of this chapter. Prior to the
308	308	279adoption of rules and regulations, and as necessary thereafter, the department may develop
309	309	280guidance as necessary for the implementation of this chapter. The department shall publish any
310	310	281such guidance on its website. 15 of 15
311	311	282 Section 20. Not later than 5 years after the effective date of this chapter, the department
312	312	283shall prepare and submit an assessment to the governor and the general court evaluating this
313	313	284chapter’s effectiveness in stimulating the recycling markets in the commonwealth and making
314	314	285any recommendations for legislative or administrative actions necessary to further the purposes
315	315	286of this chapter, including recommendations for whether and how the commonwealth should
316	316	287encourage, require or support other uses of recycled material.
317	317	288 Section 21. Any proprietary information or trade secrets included in any registration,
318	318	289certification, alternative compliance plan, corrective action plan, or any other record submitted to
319	319	290the department shall not be made available to the general public.