Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3474 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. 1283 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3474
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marjorie C. Decker
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 expand the bottle bill.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/14/2025Mindy Domb3rd Hampshire1/30/2025Brian W. Murray10th Worcester2/3/2025Natalie M. Blais1st Franklin2/10/2025James B. EldridgeMiddlesex and Worcester2/10/2025Antonio F. D. Cabral13th Bristol2/12/2025Natalie M. Higgins4th Worcester2/24/2025Lindsay N. Sabadosa1st Hampshire3/3/2025 1 of 7
16	16	HOUSE DOCKET, NO. 1283 FILED ON: 1/14/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3474
18	18	By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 3474) of
19	19	Marjorie C. Decker and others for legislation to expand the bottle bill, so-called.
20	20	Telecommunications, Utilities and Energy.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act to expand the bottle bill.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 321 of chapter 94 of the General Laws, as so appearing, is hereby
30	30	2amended by striking out the words “three hundred and twenty-one to three hundred and twenty-
31	31	3seven” and inserting in place thereof the following words:- “321 to 327A”
32	32	4 SECTION 2. Said section 321 of said chapter 94 is hereby further amended by striking
33	33	5out the definitions of “Beverage” and “Beverage container” and inserting in place thereof the
34	34	6following 3 definitions:-
35	35	7 “Bag-drop program”, a beverage container recycling program implemented by a
36	36	8redemption center or dealer that meets the requirements of rules adopted by the secretary of
37	37	9energy and environmental affairs and that allows a person to drop off beverage containers subject
38	38	10to the requirements of sections 321 through 327A in a bag or other receptacle at one or more
39	39	11identified locations and to have the corresponding refund value placed into an account to be held 2 of 7
40	40	12for the benefit of the person in a manner that allows the person to obtain the refund or a refund
41	41	13receipt within 3 calendar days following the drop-off.
42	42	14 “Beverage”, any drinkable liquid intended for human oral consumption; provided,
43	43	15however, that “beverage” shall not include: (i) a drug regulated under the Federal Food, Drug,
44	44	16and Cosmetic Act of 1938, 21 U.S.C. 301 et seq; (ii) infant formula; (iii) a meal replacement
45	45	17liquid; or (iv) products for which the first ingredient is derived from animal milk.
46	46	18 “Beverage container”, an individual, separate, sealed glass, metal, plastic or multi-
47	47	19material bottle, can or jar designed to hold not more than 3.79 liters; provided, however, that
48	48	20“beverage container” shall not include any container: (i) of not more than 150 milliliters that
49	49	21contains no alcohol content; (ii) that is a carton or pouch; and (iii) that is aseptic.
50	50	22 SECTION 3. Said section 321 of said chapter 94 is hereby further amended by inserting
51	51	23after the definition of “Consumer” the following definition:-
52	52	24 “Contracted agent”, a person acting for, or on behalf of, a registered deposit initiator to
53	53	25collect, process or administer payments of deposits and handling fees on empty beverage
54	54	26containers accepted from redemption centers and dealers.
55	55	27 SECTION 4. Said section 321 of said chapter 94 is hereby further amended by inserting
56	56	28after the definition of “Dealer” the following 2 definitions:-
57	57	29 “Department”, the department of environmental protection.
58	58	30 “Deposit initiator”, the first dealer, distributor, retailer or other party to collect the deposit
59	59	31on a beverage container sold to any person within the commonwealth. 3 of 7
60	60	32 SECTION 5. Said section 321 of said chapter 94 is hereby further amended by inserting
61	61	33after the definition of “Plastic bottle” the following 3 definitions:-
62	62	34 “Recycle”, the series of activities by which a covered product is: (i) collected, sorted and
63	63	35processed; (ii) converted into a raw material with minimal loss of material quality; and (iii) used
64	64	36in the production of a new product, including the original product; provided, however, that
65	65	37“recycle” shall not include any method of sorting, processing or aggregating materials from solid
66	66	38waste that substantially degrades the original material quality, such that the aggregated material
67	67	39is no longer usable for its initial purposes or for a substantially similar product.
68	68	40 “Reusable beverage container”, any beverage container designed and constructed to be
69	69	41structurally capable of being refilled and resold by a bottle not less than 50 times after its initial
70	70	42use as part of a washing system that meets the health and safety standards of the commonwealth.
71	71	43 “Reverse vending machine” a mechanical device that accepts used beverage containers
72	72	44from consumers and provides a means of refunding the refund value for such beverage container
73	73	45to the user of such device.
74	74	46 SECTION 6. Section 322 of said chapter 94 is hereby amended by striking out, in line 2,
75	75	47the word “five” and inserting in place thereof the following figure:- “10”
76	76	48 SECTION 7. Section 323 of said chapter 94 is hereby amended by inserting after the
77	77	49word “returned”, in line 8, the following words:- “; provided, however, that this subsection shall
78	78	50not apply to a dealer whose place of business is not more than 2,000 square feet; provided
79	79	51further, that a redemption center or dealer shall pay the refund value at the time the beverage
80	80	52container is returned unless the consumer returns the beverage container through a bag-drop
81	81	53program.” 4 of 7
82	82	54 SECTION 8. Said section 323 of said chapter 94 is hereby further amended by striking
83	83	55out, in line 13, the words “at least one” and inserting in place there of the following words:- “not
84	84	56less than 3.25”
85	85	57 SECTION 9. Said section 323 of said chapter 94 is hereby further amended by striking
86	86	58out, in line 37, the words “at least one” and inserting in place thereof the following words:- “not
87	87	59less than 4”
88	88	60 SECTION 10. Section 323D of said chapter 94 is hereby amended by striking out the
89	89	61third sentence and inserting in place thereof the following sentence:-
90	90	62 “The first $70 million in such amounts collected by the commissioner of revenue each
91	91	63fiscal year shall be deposited in the General Fund and additional amounts collected by the
92	92	64commissioner of revenue each fiscal year shall be deposited in the Clean Environment Fund
93	93	65established pursuant to section 323F.”
94	94	66 SECTION 11. Said chapter 94 is hereby amended by inserting after section 323E the
95	95	67following section:-
96	96	68 “Section 323F. There shall be established on the books of the commonwealth a separate
97	97	69fund to be known as the Clean Environment Fund. Amounts deposited in said fund shall be used,
98	98	70subject to appropriation, solely for programs and projects in the management of solid waste and
99	99	71for environmental protection, including, but not limited to: (i) reimbursing the department for all
100	100	72costs incurred in administering, monitoring, and enforcing the beverage container deposit
101	101	73system; (ii) grants or loans to redemption centers, dealers, or distributors for infrastructure and
102	102	74improvements related to the beverage container deposit return program; (iii) infrastructure
103	103	75related to reusable beverage container return and refill systems; and (iv) improvements to 5 of 7
104	104	76drinking water, stormwater, and wastewater systems; provided, however, that no funds shall be
105	105	77used for costs associated with incineration.”
106	106	78 SECTION 12. Section 325 of said chapter 94 is hereby amended by inserting after the
107	107	79word “container”, in line 6, the following words:- “and a universal product code barcode to
108	108	80identify and validate participation in the redemption program”
109	109	81 SECTION 13. Said section 325 of said chapter 94 is hereby amended by striking out, in
110	110	82line 22, the word “five” and inserting in place thereof the following figure:- “10”
111	111	83 SECTION 14. Said section 325 of said chapter 94 is hereby further amended by adding
112	112	84the following subsection:-
113	113	85 “(c) Each deposit initiator shall provide such universal product code barcode, with
114	114	86packaging information, to reverse vending machine system administrators and contracted agents
115	115	87not less than 30 days prior to placement of any such beverage container on the market.”
116	116	88 SECTION 15. Section 326 of said chapter 94 is hereby amended by inserting after the
117	117	89first paragraph the following paragraph:-
118	118	90 “The secretary of energy and environmental affairs shall review handling fees not less
119	119	91frequently than every 3 years. In reviewing handling fees, the secretary shall consider whether
120	120	92there are enough points of redemption across the commonwealth and whether a higher handling
121	121	93fee would increase the number of points of redemption. The secretary shall review the refund
122	122	94value of beverage containers not less frequently than every 3 years. In reviewing the refund value
123	123	95of beverage containers, the secretary shall consider whether a higher refund value would increase
124	124	96the redemption rate and whether the following redemption targets have been met: (1) by 6 of 7
125	125	97December 31, 2027, 65 percent of beverage containers are redeemed; (2) by December 31, 2028,
126	126	9875 percent of beverage containers are redeemed; (3) by December 31, 2030, 85 percent of
127	127	99beverage containers are redeemed; and (4) by December 31, 2033, 95 percent of beverage
128	128	100containers are redeemed. The secretary shall also consider the redemption rates of subcategories
129	129	101of beverage containers and may increase the refund value of specific subcategories of beverage
130	130	102containers if necessary to increase their rates of redemption to the prior-listed target levels.”
131	131	103 SECTION 16. Said chapter 94 is hereby further amended by inserting after section 327
132	132	104the following section:-
133	133	105 Section 327A. (a) Annually, not later than June 1, the department shall publish a report
134	134	106containing information, including, but not limited to, the statewide redemption rate for the
135	135	107preceding calendar year, calculated as the number of beverage containers redeemed for deposit
136	136	108divided by the number of beverage containers sold; provided, however, that the commissioner of
137	137	109revenue shall make the data necessary to compile this information available to the department.
138	138	110 (b) Annually, not later than February 1 and as determined by the commissioner of
139	139	111revenue, each deposit initiator shall provide to the department a report that includes the: (i)
140	140	112locations where its redeemed containers were delivered for processing and recycling; (ii) number
141	141	113of its redeemed containers processed and recycled at each location; and (iii) number of beverage
142	142	114containers it sold.
143	143	115 Annually, not later than June 1, the department shall report the information provided
144	144	116pursuant to this subsection to the joint committee on telecommunications, utilities and energy
145	145	117and the joint committee on environment and natural resources. 7 of 7
146	146	118 (c) A dealer shall post a conspicuous sign, at the point of sale, that states: “STATE LAW
147	147	119REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF THE
148	148	120TYPE, SIZE AND BRAND SOLD BY US WITHIN THE PAST 60 DAYS. TO REPORT
149	149	121REFUSAL OF REDEMPTION, CONTACT THE MASSACHUSETTS DEPARTMENT OF
150	150	122ENVIRONMENTAL PROTECTION AT 617-556-1054 or mass.gov/orgs/massachusetts-
151	151	123department-of-environmental-protection.” The posted sign may also include the toll-free
152	152	124telephone number as established by the department of environmental protection; provided,
153	153	125however, that the sign shall be not less than 8 inches by 10 inches in size and have lettering a
154	154	126minimum of 1/4 inch high and of a color which contrasts with the background. The department
155	155	127shall maintain a website and toll-free telephone number for a “bottle bill hotline” that shall be
156	156	128available from 9:00 a.m. to 5:00 p.m. each business day to receive reports of violations.
157	157	129 (d) The department shall, through its own communications and by engaging deposit
158	158	130initiators and dealers, educate consumers regarding the redemption value for beverage containers
159	159	131and how and where they can redeem containers for deposit money.
160	160	132 SECTION 17. The department of environmental protection shall conduct a study of the
161	161	133opportunities for an expanded reusable beverage container return and refill system in the
162	162	134commonwealth pursuant to which beverage containers would be collected for reuse, washed and
163	163	135refilled. For the purposes of this section, “reusable beverage container” shall have the same
164	164	136meaning as in section 321 of chapter 94 of the General Laws. Not later than December 31, 2026,
165	165	137the department shall publish for public comment a draft of the study required under this section
166	166	138and shall submit the final study to the clerks of the senate and the house of representatives not
167	167	139later than May 1, 2027; provided, however, that the final study shall also be published on the
168	168	140department’s website.