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| 2 | 2 | | HOUSE DOCKET, NO. 3831 FILED ON: 1/17/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 933 |
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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 | | Mindy Domb |
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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 relative to plastic bag reduction. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Mindy Domb3rd Hampshire1/17/2025 1 of 7 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3831 FILED ON: 1/17/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 933 |
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| 18 | 18 | | By Representative Domb of Amherst, a petition (accompanied by bill, House, No. 933) of Mindy |
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| 19 | 19 | | Domb relative to plastic bag reduction. Environment and Natural Resources. |
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| 20 | 20 | | The Commonwealth of Massachusetts |
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| 21 | 21 | | _______________ |
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| 22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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| 23 | 23 | | (2025-2026) |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | An Act relative to plastic bag reduction. |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 27 | 27 | | of the same, as follows: |
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| 28 | 28 | | 1 Title II of the General Laws is hereby amended by inserting after chapter 21O the |
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| 29 | 29 | | 2following chapter:- |
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| 30 | 30 | | 3 CHAPTER 21P: PLASTIC BAG REDUCTION |
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| 31 | 31 | | 4 Section 1. As used in this chapter, the following words shall have the following meanings |
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| 32 | 32 | | 5unless the context clearly requires otherwise: |
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| 33 | 33 | | 6 “Carryout bag”, a bag that is provided to a customer to carry items purchased from or |
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| 34 | 34 | | 7serviced by a retail establishment. A carryout bag does not include the following: (i) a bag |
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| 35 | 35 | | 8provided by a pharmacy to a customer purchasing prescription medication; (ii) a bag used to |
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| 36 | 36 | | 9protect items from damaging or contaminating other purchased items placed in a recycled paper |
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| 37 | 37 | | 10bag or a reusable grocery bag; (iii) a bag provided to contain an unwrapped food item; (iv) a bag |
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| 38 | 38 | | 11to protect articles of clothing on a hanger; (v) a bag to prevent frozen food items, including ice |
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| 39 | 39 | | 12cream, from thawing; (vi) a bag to protect small items from loss. 2 of 7 |
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| 40 | 40 | | 13 “Postconsumer recycled material”, a material that would otherwise be destined for solid |
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| 41 | 41 | | 14waste disposal, having completed its intended end use and product life cycle. Postconsumer |
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| 42 | 42 | | 15recycled material does not include materials and byproducts generated from, and commonly |
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| 43 | 43 | | 16reused within, an original manufacturing and fabrication process. |
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| 44 | 44 | | 17 “Recycled paper bag”, a paper bag that is (i) 100 per cent recyclable; (ii) contains a |
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| 45 | 45 | | 18minimum of 40 per cent postconsumer recycled materials, provided, however, that an 8 pound or |
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| 46 | 46 | | 19smaller recycled paper bag shall contain a minimum of 20 per cent postconsumer recycled |
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| 47 | 47 | | 20material; and (iii) displays the words "Recyclable" and "made from 40% post-consumer recycled |
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| 48 | 48 | | 21content" or other applicable amount in a visible manner on the outside of the bag. |
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| 49 | 49 | | 22 “Reusable grocery bag”, a bag that is not a plastic film bag, has handles that are stitched |
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| 50 | 50 | | 23and not heat fused, and that is made of machine-washable cloth, hemp, or other woven or non- |
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| 51 | 51 | | 24woven fibers, fabrics, or materials that are at least 45 grams per square meter, designed and |
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| 52 | 52 | | 25manufactured specifically for multiple uses. |
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| 53 | 53 | | 26 “Single-use carryout bag”, a carryout bag made of plastic, paper, or other material that is |
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| 54 | 54 | | 27provided by a Retail establishment to a customer at the point of sale and that is not a recycled |
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| 55 | 55 | | 28paper bag or a reusable grocery bag. |
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| 56 | 56 | | 29 “Retail establishment”, a store or premises in which a person is engaged in the retail |
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| 57 | 57 | | 30business of selling or providing merchandise, goods, groceries, prepared take-out food and |
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| 58 | 58 | | 31beverages for consumption off-premises or the servicing of an item, directly to customers at such |
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| 59 | 59 | | 32store or premises, including, but not limited to, grocery stores, department stores, pharmacies, |
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| 60 | 60 | | 33convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including |
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| 61 | 61 | | 34farmers markets and public markets; provided, however, that a “retail establishment” shall also 3 of 7 |
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| 62 | 62 | | 35include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable |
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| 63 | 63 | | 36roadside stand used by a person from which to engage in such business directly with customers |
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| 64 | 64 | | 37and business establishments without a storefront, including, but not limited to, a business |
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| 65 | 65 | | 38delivering prepared foods or other food items, web-based or catalog business or delivery services |
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| 66 | 66 | | 39used by a retail establishment; provided further, that a “retail establishment” shall include a non- |
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| 67 | 67 | | 40profit organization, charity or religious institution that has a retail establishment and holds itself |
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| 68 | 68 | | 41out to the public as engaging in retail activities that are characteristic of similar type retail |
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| 69 | 69 | | 42businesses, whether or not for profit when engaging in such activity; provided further that a |
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| 70 | 70 | | 43“retail establishment” shall include K-12 food service operations or institutional cafeterias, |
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| 71 | 71 | | 44including those operated by or on behalf of any government entity. |
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| 72 | 72 | | 45 Section 2. (a) Eighteen months after the enactment of this law, a Retail establishment |
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| 73 | 73 | | 46shall not sell or otherwise distribute to a customer a carryout out bag that is not: a (i) reusable |
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| 74 | 74 | | 47grocery bag, or (ii) recycled paper bag. |
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| 75 | 75 | | 48 (b) For up to 180 days from the date of enactment, a Retail establishment may make |
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| 76 | 76 | | 49available a single-use carryout bag, reusable grocery bag, or recycled paper bag to a customer. |
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| 77 | 77 | | 50 (c) From 180 days to eighteen months after the enactment of this law, if a Retail |
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| 78 | 78 | | 51establishment makes available a single-use carryout bag, recycled paper bag, or reusable grocery |
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| 79 | 79 | | 52bag to a customer, the price of a single-use carryout bag, recycled paper bag, or reusable grocery |
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| 80 | 80 | | 53bag shall be not less than $0.10 each. |
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| 81 | 81 | | 54 (d) From eighteen months after the enactment of this law, if a Retail establishment makes |
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| 82 | 82 | | 55available a recycled paper bag or a reusable grocery bag to a customer, the price of a recycled |
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| 83 | 83 | | 56paper bag or a reusable grocery bag shall be not less than $0.10 each. 4 of 7 |
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| 84 | 84 | | 57 (e) All moneys collected pursuant to this section shall be retained by the Retail |
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| 85 | 85 | | 58establishment. |
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| 86 | 86 | | 59 (f) Subsections (a)-(d) shall not apply to any type of bag used by a Retail establishment or |
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| 87 | 87 | | 60provided by a retail establishment to a customer for: (i) providing or distributing prepared foods, |
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| 88 | 88 | | 61groceries or articles of clothing at no cost or at a substantially reduced cost by a nonprofit |
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| 89 | 89 | | 62organization, charity or religious institution, or (ii) any item that requires the use of a certain type |
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| 90 | 90 | | 63of bag under federal or state law. |
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| 91 | 91 | | 64 (g) The department of environmental protection shall promulgate regulations with regard |
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| 92 | 92 | | 65to the enforcement of this chapter. The department of environmental protection shall establish a |
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| 93 | 93 | | 66small business exemption process by which a Retail establishment may elect to be exempt from |
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| 94 | 94 | | 67the provisions of subsections (b) through (d) of this section. A Retail establishment electing for |
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| 95 | 95 | | 68said exemption must upon request submit to the department of environmental protection a self- |
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| 96 | 96 | | 69audit attesting that they meet the following criteria: |
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| 97 | 97 | | 70 1.the owner of the Retail establishment has 3 or fewer store locations under the same |
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| 98 | 98 | | 71ownership; and |
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| 99 | 99 | | 72 2.each Retail establishment has less than 4,000 square feet of retail selling space; and |
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| 100 | 100 | | 73 3.each Retail establishment has 15 or fewer employees employed at the store location; |
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| 101 | 101 | | 74and either |
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| 102 | 102 | | 75 4.the Retail establishment is not a food establishment as defined by 105 CMR |
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| 103 | 103 | | 76590.001(C); or 5 of 7 |
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| 104 | 104 | | 77 5.the Retail establishment provided to consumers at the point of sale less than 15,000 |
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| 105 | 105 | | 78carry-out bags or checkout bags in total during the previous calendar year. |
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| 106 | 106 | | 79 (h) Nothing in this section shall prohibit a customer from bringing a personal bag, made |
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| 107 | 107 | | 80or comprised of any material, to a retail establishment to carry out items purchased from or |
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| 108 | 108 | | 81serviced by the retail establishment. |
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| 109 | 109 | | 82 (i) A retail establishment shall not be prohibited from selling or offering for sale to |
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| 110 | 110 | | 83customers: (i) any package containing several bags, including, but not limited to, food bags, |
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| 111 | 111 | | 84sandwich bags, yard waste bags, garbage bags or municipal pay-as-you-throw program trash |
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| 112 | 112 | | 85bags; (ii) any product, merchandise or good with a protective bag, a bag to hold related |
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| 113 | 113 | | 86accessories, parts or instruction manuals or a bag used as product packaging that the retail |
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| 114 | 114 | | 87establishment received with such item or product from the manufacturer, distributor or vendor; |
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| 115 | 115 | | 88or (iii) any bag that is not a retail type carryout bag that is sold or offered for sale as a product or |
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| 116 | 116 | | 89merchandise, including, but not limited to, sports bags, handbags, equipment bags, tent bags or |
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| 117 | 117 | | 90other bags specifically designed to protect or contain a particular item. |
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| 118 | 118 | | 91 (j) Notwithstanding subsections (c)-(d) and to the extent permitted under federal and state |
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| 119 | 119 | | 92law, a retail establishment that makes available for purchase a recycled paper bag at the point of |
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| 120 | 120 | | 93sale shall not charge a fee for the bag to a customer using an electronic benefit transfer card as |
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| 121 | 121 | | 94payment. |
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| 122 | 122 | | 95 Section 3. This chapter shall preempt any limitation by any political subdivision of the |
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| 123 | 123 | | 96commonwealth regarding the use, sale or distribution of carryout bags by a Retail establishment |
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| 124 | 124 | | 97to the extent that it is regulated or covered by this chapter. Any part of a municipal ordinance, 6 of 7 |
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| 125 | 125 | | 98bylaw or regulation, including a regulation of a board of health, that is inconsistent with this |
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| 126 | 126 | | 99chapter shall be null and void 180 days after the enactment of this law. |
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| 127 | 127 | | 100 Section 4. (a) Each city and town shall enforce this chapter through its enforcing |
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| 128 | 128 | | 101authority as determined under subsection (c). |
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| 129 | 129 | | 102 (b) A retail establishment that violates this chapter shall be subject to a warning for the |
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| 130 | 130 | | 103first violation, a civil penalty of up to $500 for the second violation and a civil penalty of up to |
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| 131 | 131 | | 104$1000 for a third or subsequent violation. Each day a retail establishment is in violation of this |
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| 132 | 132 | | 105chapter shall be considered a separate violation. Each city and town shall dispose of a civil |
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| 133 | 133 | | 106violation under this subsection by the non-criminal method of disposition procedures contained |
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| 134 | 134 | | 107in section 21D of chapter 40 without an enabling ordinance or bylaw. |
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| 135 | 135 | | 108 (c) Each city and town shall designate the municipal board, department or official |
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| 136 | 136 | | 109responsible for the local enforcement of this chapter and for the collection of money resulting |
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| 137 | 137 | | 110from civil penalties assessed for violations of this chapter. A city or town shall retain any civil |
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| 138 | 138 | | 111penalties collected for such violations. |
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| 139 | 139 | | 112 Section 5. The department of environmental protection may through regulation: (i) |
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| 140 | 140 | | 113increase or adjust the postconsumer recycled material percentage in a recycled paper bag; (ii) |
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| 141 | 141 | | 114increase or adjust the fee established under subsections (c)-(d) of section 2; (iii) allow a retail |
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| 142 | 142 | | 115establishment to use other non-plastic type carryout bags that are recyclable or compostable, |
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| 143 | 143 | | 116provided however that such regulations shall not be implemented prior to the universal |
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| 144 | 144 | | 117availability of a safe disposal route for compostable bags and, provided further, that the |
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| 145 | 145 | | 118department shall seek public comment on said proposed regulations; and (iv) promulgate |
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| 146 | 146 | | 119standards regulating bags authorized under subsection (b) of section 2. 7 of 7 |
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| 147 | 147 | | 120 The department of environmental protection shall, when adopting or amending any |
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| 148 | 148 | | 121standard for an allowed recycled or reusable bag under this chapter, consult with the department |
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| 149 | 149 | | 122of public health on issues relating to food safety and the materials used to produce the bags. |
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| 150 | 150 | | 123 The department of environmental protection shall conduct an evaluation of the |
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| 151 | 151 | | 124implementation of this act every three years and shall submit to the clerks of the senate and the |
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| 152 | 152 | | 125house of representatives a report including legislative recommendations not later than December |
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| 153 | 153 | | 12631. |
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| 154 | 154 | | 127 Section 6. Nothing in this chapter shall prohibit or limit the department of environmental |
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| 155 | 155 | | 128protection’s authority to enforce this chapter. |
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| 156 | 156 | | 129 Section 7. Notwithstanding any general or special law to the contrary, the department of |
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| 157 | 157 | | 130transitional assistance shall, if necessary to implement subsection (j) of section 2 of chapter 21P |
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| 158 | 158 | | 131of the General Laws, use reasonable efforts to seek a waiver from the federal Food and Nutrition |
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| 159 | 159 | | 132Service to implement said subsection (j) of said section 2 of said chapter 21P. |
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