Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S2245 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 802 FILED ON: 1/14/2025
3	3	SENATE . . . . . . . . . . . . . . No. 2245
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
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 :Cynthia Stone CreemNorfolk and MiddlesexJoanne M. ComerfordHampshire, Franklin and Worcester1/22/2025James B. EldridgeMiddlesex and Worcester2/10/2025 1 of 8
16	16	SENATE DOCKET, NO. 802 FILED ON: 1/14/2025
17	17	SENATE . . . . . . . . . . . . . . No. 2245
18	18	By Ms. Creem, a petition (accompanied by bill, Senate, No. 2245) of Cynthia Stone Creem,
19	19	Joanne M. Comerford and James B. Eldridge for legislation to expand the Bottle Bill.
20	20	Telecommunications, Utilities and Energy.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 2104 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 expand the Bottle Bill.
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 SECTION 1. Section 321 of chapter 94 of the General Laws, as so appearing, is hereby
32	32	2amended by striking out the words “three hundred and twenty-one to three hundred and twenty-
33	33	3seven” and inserting in place thereof the following words:- “321 to 327A”
34	34	4 SECTION 2. Said section 321 of said chapter 94 is hereby further amended by striking
35	35	5out the definitions of “Beverage” and “Beverage container” and inserting in place thereof the
36	36	6following 3 definitions:-
37	37	7 “Bag-drop program”, a beverage container recycling program implemented by a
38	38	8redemption center or dealer that meets the requirements of rules adopted by the secretary of
39	39	9energy and environmental affairs and that allows a person to drop off beverage containers subject 2 of 8
40	40	10to the requirements of sections 321 through 327A in a bag or other receptacle at one or more
41	41	11identified locations and to have the corresponding refund value placed into an account to be held
42	42	12for the benefit of the person in a manner that allows the person to obtain the refund or a refund
43	43	13receipt within 3 calendar days following the drop-off.
44	44	14 “Beverage”, any drinkable liquid intended for human oral consumption; provided,
45	45	15however, that “beverage” shall not include: (i) a drug regulated under the Federal Food, Drug,
46	46	16and Cosmetic Act of 1938, 21 U.S.C. 301 et seq; (ii) infant formula; (iii) a meal replacement
47	47	17liquid; or (iv) products for which the first ingredient is derived from animal milk.
48	48	18 “Beverage container”, an individual, separate, sealed glass, metal, plastic or multi-
49	49	19material bottle, can or jar designed to hold not more than 3.79 liters; provided, however, that
50	50	20“beverage container” shall not include any container: (i) of not more than 150 milliliters that
51	51	21contains no alcohol content; (ii) that is a carton or pouch; and (iii) that is aseptic.
52	52	22 SECTION 3. Said section 321 of said chapter 94 is hereby further amended by inserting
53	53	23after the definition of “Consumer” the following definition:-
54	54	24 “Contracted agent”, a person acting for, or on behalf of, a registered deposit initiator to
55	55	25collect, process or administer payments of deposits and handling fees on empty beverage
56	56	26containers accepted from redemption centers and dealers.
57	57	27 SECTION 4. Said section 321 of said chapter 94 is hereby further amended by inserting
58	58	28after the definition of “Dealer” the following 2 definitions:-
59	59	29 “Department”, the department of environmental protection. 3 of 8
60	60	30 “Deposit initiator”, the first dealer, distributor, retailer or other party to collect the deposit
61	61	31on a beverage container sold to any person within the commonwealth.
62	62	32 SECTION 5. Said section 321 of said chapter 94 is hereby further amended by inserting
63	63	33after the definition of “Plastic bottle” the following 3 definitions:-
64	64	34 “Recycle”, the series of activities by which a covered product is: (i) collected, sorted and
65	65	35processed; (ii) converted into a raw material with minimal loss of material quality; and (iii) used
66	66	36in the production of a new product, including the original product; provided, however, that
67	67	37“recycle” shall not include any method of sorting, processing or aggregating materials from solid
68	68	38waste that substantially degrades the original material quality, such that the aggregated material
69	69	39is no longer usable for its initial purposes or for a substantially similar product.
70	70	40 “Reusable beverage container”, any beverage container designed and constructed to be
71	71	41structurally capable of being refilled and resold by a bottle not less than 50 times after its initial
72	72	42use as part of a washing system that meets the health and safety standards of the commonwealth.
73	73	43 “Reverse vending machine” a mechanical device that accepts used beverage containers
74	74	44from consumers and provides a means of refunding the refund value for such beverage container
75	75	45to the user of such device.
76	76	46 SECTION 6. Section 322 of said chapter 94 is hereby amended by striking out, in line 2,
77	77	47the word “five” and inserting in place thereof the following figure:- “10”
78	78	48 SECTION 7. Section 323 of said chapter 94 is hereby amended by inserting after the
79	79	49word “returned”, in line 8, the following words:- “; provided, however, that this subsection shall
80	80	50not apply to a dealer whose place of business is not more than 2,000 square feet; provided 4 of 8
81	81	51further, that a redemption center or dealer shall pay the refund value at the time the beverage
82	82	52container is returned unless the consumer returns the beverage container through a bag-drop
83	83	53program.”
84	84	54 SECTION 8. Said section 323 of said chapter 94 is hereby further amended by striking
85	85	55out, in line 13, the words “at least one” and inserting in place there of the following words:- “not
86	86	56less than 3.25”
87	87	57 SECTION 9. Said section 323 of said chapter 94 is hereby further amended by striking
88	88	58out, in line 37, the words “at least one” and inserting in place thereof the following words:- “not
89	89	59less than 4”
90	90	60 SECTION 10. Section 323D of said chapter 94 is hereby amended by striking out the
91	91	61third sentence and inserting in place thereof the following sentence:-
92	92	62 “The first $70 million in such amounts collected by the commissioner of revenue each
93	93	63fiscal year shall be deposited in the General Fund and additional amounts collected by the
94	94	64commissioner of revenue each fiscal year shall be deposited in the Clean Environment Fund
95	95	65established pursuant to section 323F.”
96	96	66 SECTION 11. Said chapter 94 is hereby amended by inserting after section 323E the
97	97	67following section:-
98	98	68 “Section 323F. There shall be established on the books of the commonwealth a separate
99	99	69fund to be known as the Clean Environment Fund. Amounts deposited in said fund shall be used,
100	100	70subject to appropriation, solely for programs and projects in the management of solid waste and
101	101	71for environmental protection, including, but not limited to: (i) reimbursing the department for all 5 of 8
102	102	72costs incurred in administering, monitoring, and enforcing the beverage container deposit
103	103	73system; (ii) grants or loans to redemption centers, dealers, or distributors for infrastructure and
104	104	74improvements related to the beverage container deposit return program; (iii) infrastructure
105	105	75related to reusable beverage container return and refill systems; and (iv) improvements to
106	106	76drinking water, stormwater, and wastewater systems; provided, however, that no funds shall be
107	107	77used for costs associated with incineration.”
108	108	78 SECTION 12. Section 325 of said chapter 94 is hereby amended by inserting after the
109	109	79word “container”, in line 6, the following words:- “and a universal product code barcode to
110	110	80identify and validate participation in the redemption program”
111	111	81 SECTION 13. Said section 325 of said chapter 94 is hereby amended by striking out, in
112	112	82line 22, the word “five” and inserting in place thereof the following figure:- “10”
113	113	83 SECTION 14. Said section 325 of said chapter 94 is hereby further amended by adding
114	114	84the following subsection:-
115	115	85 “(c) Each deposit initiator shall provide such universal product code barcode, with
116	116	86packaging information, to reverse vending machine system administrators and contracted agents
117	117	87not less than 30 days prior to placement of any such beverage container on the market.”
118	118	88 SECTION 15. Section 326 of said chapter 94 is hereby amended by inserting after the
119	119	89first paragraph the following paragraph:-
120	120	90 “The secretary of energy and environmental affairs shall review handling fees not less
121	121	91frequently than every 3 years. In reviewing handling fees, the secretary shall consider whether
122	122	92there are enough points of redemption across the commonwealth and whether a higher handling 6 of 8
123	123	93fee would increase the number of points of redemption. The secretary shall review the refund
124	124	94value of beverage containers not less frequently than every 3 years. In reviewing the refund value
125	125	95of beverage containers, the secretary shall consider whether a higher refund value would increase
126	126	96the redemption rate and whether the following redemption targets have been met: (1) by
127	127	97December 31, 2027, 65 percent of beverage containers are redeemed; (2) by December 31, 2028,
128	128	9875 percent of beverage containers are redeemed; (3) by December 31, 2030, 85 percent of
129	129	99beverage containers are redeemed; and (4) by December 31, 2033, 95 percent of beverage
130	130	100containers are redeemed. The secretary shall also consider the redemption rates of subcategories
131	131	101of beverage containers and may increase the refund value of specific subcategories of beverage
132	132	102containers if necessary to increase their rates of redemption to the prior-listed target levels.”
133	133	103 SECTION 16. Said chapter 94 is hereby further amended by inserting after section 327
134	134	104the following section:-
135	135	105 Section 327A. (a) Annually, not later than June 1, the department shall publish a report
136	136	106containing information, including, but not limited to, the statewide redemption rate for the
137	137	107preceding calendar year, calculated as the number of beverage containers redeemed for deposit
138	138	108divided by the number of beverage containers sold; provided, however, that the commissioner of
139	139	109revenue shall make the data necessary to compile this information available to the department.
140	140	110 (b) Annually, not later than February 1 and as determined by the commissioner of
141	141	111revenue, each deposit initiator shall provide to the department a report that includes the: (i)
142	142	112locations where its redeemed containers were delivered for processing and recycling; (ii) number
143	143	113of its redeemed containers processed and recycled at each location; and (iii) number of beverage
144	144	114containers it sold. 7 of 8
145	145	115 Annually, not later than June 1, the department shall report the information provided
146	146	116pursuant to this subsection to the joint committee on telecommunications, utilities and energy
147	147	117and the joint committee on environment and natural resources.
148	148	118 (c) A dealer shall post a conspicuous sign, at the point of sale, that states: “STATE LAW
149	149	119REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF THE
150	150	120TYPE, SIZE AND BRAND SOLD BY US WITHIN THE PAST 60 DAYS. TO REPORT
151	151	121REFUSAL OF REDEMPTION, CONTACT THE MASSACHUSETTS DEPARTMENT OF
152	152	122ENVIRONMENTAL PROTECTION AT 617-556-1054 or mass.gov/orgs/massachusetts-
153	153	123department-of-environmental-protection.” The posted sign may also include the toll-free
154	154	124telephone number as established by the department of environmental protection; provided,
155	155	125however, that the sign shall be not less than 8 inches by 10 inches in size and have lettering a
156	156	126minimum of 1/4 inch high and of a color which contrasts with the background. The department
157	157	127shall maintain a website and toll-free telephone number for a “bottle bill hotline” that shall be
158	158	128available from 9:00 a.m. to 5:00 p.m. each business day to receive reports of violations.
159	159	129 (d) The department shall, through its own communications and by engaging deposit
160	160	130initiators and dealers, educate consumers regarding the redemption value for beverage containers
161	161	131and how and where they can redeem containers for deposit money.
162	162	132 SECTION 17. The department of environmental protection shall conduct a study of the
163	163	133opportunities for an expanded reusable beverage container return and refill system in the
164	164	134commonwealth pursuant to which beverage containers would be collected for reuse, washed and
165	165	135refilled. For the purposes of this section, “reusable beverage container” shall have the same
166	166	136meaning as in section 321 of chapter 94 of the General Laws. Not later than December 31, 2026, 8 of 8
167	167	137the department shall publish for public comment a draft of the study required under this section
168	168	138and shall submit the final study to the clerks of the senate and the house of representatives not
169	169	139later than May 1, 2027; provided, however, that the final study shall also be published on the
170	170	140department’s website.