Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S590 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. 2377 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 590
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James B. Eldridge
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 plastic bag reduction.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and WorcesterJoanne M. ComerfordHampshire, Franklin and Worcester1/27/2025 1 of 7
16	16	SENATE DOCKET, NO. 2377 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 590
18	18	By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 590) of James B. Eldridge and
19	19	Joanne M. Comerford for legislation relative to plastic bag reduction. Environment and Natural
20	20	Resources.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 477 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 relative to plastic bag reduction.
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 Title II of the General Laws is hereby amended by inserting after chapter 21O the
32	32	2following chapter:-
33	33	3 CHAPTER 21P: PLASTIC BAG REDUCTION
34	34	4 Section 1. As used in this chapter, the following words shall have the following meanings
35	35	5unless the context clearly requires otherwise:
36	36	6 “Carryout bag”, a bag that is provided to a customer to carry items purchased from or
37	37	7serviced by a retail establishment. A carryout bag does not include the following: (i) a bag
38	38	8provided by a pharmacy to a customer purchasing prescription medication; (ii) a bag used to
39	39	9protect items from damaging or contaminating other purchased items placed in a recycled paper 2 of 7
40	40	10bag or a reusable grocery bag; (iii) a bag provided to contain an unwrapped food item; (iv) a bag
41	41	11to protect articles of clothing on a hanger; (v) a bag to prevent frozen food items, including ice
42	42	12cream, from thawing; (vi) a bag to protect small items from loss.
43	43	13 “Postconsumer recycled material”, a material that would otherwise be destined for solid
44	44	14waste disposal, having completed its intended end use and product life cycle. Postconsumer
45	45	15recycled material does not include materials and byproducts generated from, and commonly
46	46	16reused within, an original manufacturing and fabrication process.
47	47	17 “Recycled paper bag”, a paper bag that is (i) 100 per cent recyclable; (ii) contains a
48	48	18minimum of 40 per cent postconsumer recycled materials, provided, however, that an 8 pound or
49	49	19smaller recycled paper bag shall contain a minimum of 20 per cent postconsumer recycled
50	50	20material; and (iii) displays the words "Recyclable" and "made from 40% post-consumer recycled
51	51	21content" or other applicable amount in a visible manner on the outside of the bag.
52	52	22 “Reusable grocery bag”, a bag that is not a plastic film bag, has handles that are stitched
53	53	23and not heat fused, and that is made of machine-washable cloth, hemp, or other woven or non-
54	54	24woven fibers, fabrics, or materials that are at least 45 grams per square meter, designed and
55	55	25manufactured specifically for multiple uses.
56	56	26 “Single-use carryout bag”, a carryout bag made of plastic, paper, or other material that is
57	57	27provided by a Retail establishment to a customer at the point of sale and that is not a recycled
58	58	28paper bag or a reusable grocery bag.
59	59	29 “Retail establishment”, a store or premises in which a person is engaged in the retail
60	60	30business of selling or providing merchandise, goods, groceries, prepared take-out food and
61	61	31beverages for consumption off-premises or the servicing of an item, directly to customers at such 3 of 7
62	62	32store or premises, including, but not limited to, grocery stores, department stores, pharmacies,
63	63	33convenience stores, restaurants, coffee shops and seasonal and temporary businesses, including
64	64	34farmers markets and public markets; provided, however, that a “retail establishment” shall also
65	65	35include a food truck or other motor vehicle, mobile canteen, trailer, market pushcart or moveable
66	66	36roadside stand used by a person from which to engage in such business directly with customers
67	67	37and business establishments without a storefront, including, but not limited to, a business
68	68	38delivering prepared foods or other food items, web-based or catalog business or delivery services
69	69	39used by a retail establishment; provided further, that a “retail establishment” shall include a non-
70	70	40profit organization, charity or religious institution that has a retail establishment and holds itself
71	71	41out to the public as engaging in retail activities that are characteristic of similar type retail
72	72	42businesses, whether or not for profit when engaging in such activity; provided further that a
73	73	43“retail establishment” shall include K-12 food service operations or institutional cafeterias,
74	74	44including those operated by or on behalf of any government entity.
75	75	45 Section 2. (a) Eighteen months after the enactment of this law, a Retail establishment
76	76	46shall not sell or otherwise distribute to a customer a carryout out bag that is not: a (i) reusable
77	77	47grocery bag, or (ii) recycled paper bag.
78	78	48 (b) For up to 180 days from the date of enactment, a Retail establishment may make
79	79	49available a single-use carryout bag, reusable grocery bag, or recycled paper bag to a customer.
80	80	50 (c) From 180 days to eighteen months after the enactment of this law, if a Retail
81	81	51establishment makes available a single-use carryout bag, recycled paper bag, or reusable grocery
82	82	52bag to a customer, the price of a single-use carryout bag, recycled paper bag, or reusable grocery
83	83	53bag shall be not less than $0.10 each. 4 of 7
84	84	54 (d) From eighteen months after the enactment of this law, if a Retail establishment makes
85	85	55available a recycled paper bag or a reusable grocery bag to a customer, the price of a recycled
86	86	56paper bag or a reusable grocery bag shall be not less than $0.10 each.
87	87	57 (e) All moneys collected pursuant to this section shall be retained by the Retail
88	88	58establishment.
89	89	59 (f) Subsections (a)-(d) shall not apply to any type of bag used by a Retail establishment or
90	90	60provided by a retail establishment to a customer for: (i) providing or distributing prepared foods,
91	91	61groceries or articles of clothing at no cost or at a substantially reduced cost by a nonprofit
92	92	62organization, charity or religious institution, or (ii) any item that requires the use of a certain type
93	93	63of bag under federal or state law.
94	94	64 (g) The department of environmental protection shall promulgate regulations with regard
95	95	65to the enforcement of this chapter. The department of environmental protection shall establish a
96	96	66small business exemption process by which a Retail establishment may elect to be exempt from
97	97	67the provisions of subsections (b) through (d) of this section. A Retail establishment electing for
98	98	68said exemption must upon request submit to the department of environmental protection a self-
99	99	69audit attesting that they meet the following criteria:
100	100	70 1.the owner of the Retail establishment has 3 or fewer store locations under the same
101	101	71ownership; and
102	102	72 2.each Retail establishment has less than 4,000 square feet of retail selling space; and
103	103	73 3.each Retail establishment has 15 or fewer employees employed at the store location;
104	104	74and either 5 of 7
105	105	75 4.the Retail establishment is not a food establishment as defined by 105 CMR
106	106	76590.001(C); or
107	107	77 5.the Retail establishment provided to consumers at the point of sale less than 15,000
108	108	78carry-out bags or checkout bags in total during the previous calendar year.
109	109	79 (h) Nothing in this section shall prohibit a customer from bringing a personal bag, made
110	110	80or comprised of any material, to a retail establishment to carry out items purchased from or
111	111	81serviced by the retail establishment.
112	112	82 (i) A retail establishment shall not be prohibited from selling or offering for sale to
113	113	83customers: (i) any package containing several bags, including, but not limited to, food bags,
114	114	84sandwich bags, yard waste bags, garbage bags or municipal pay-as-you-throw program trash
115	115	85bags; (ii) any product, merchandise or good with a protective bag, a bag to hold related
116	116	86accessories, parts or instruction manuals or a bag used as product packaging that the retail
117	117	87establishment received with such item or product from the manufacturer, distributor or vendor;
118	118	88or (iii) any bag that is not a retail type carryout bag that is sold or offered for sale as a product or
119	119	89merchandise, including, but not limited to, sports bags, handbags, equipment bags, tent bags or
120	120	90other bags specifically designed to protect or contain a particular item.
121	121	91 (j) Notwithstanding subsections (c)-(d) and to the extent permitted under federal and state
122	122	92law, a retail establishment that makes available for purchase a recycled paper bag at the point of
123	123	93sale shall not charge a fee for the bag to a customer using an electronic benefit transfer card as
124	124	94payment.
125	125	95 Section 3. This chapter shall preempt any limitation by any political subdivision of the
126	126	96commonwealth regarding the use, sale or distribution of carryout bags by a Retail establishment 6 of 7
127	127	97to the extent that it is regulated or covered by this chapter. Any part of a municipal ordinance,
128	128	98bylaw or regulation, including a regulation of a board of health, that is inconsistent with this
129	129	99chapter shall be null and void 180 days after the enactment of this law.
130	130	100 Section 4. (a) Each city and town shall enforce this chapter through its enforcing
131	131	101authority as determined under subsection (c).
132	132	102 (b) A retail establishment that violates this chapter shall be subject to a warning for the
133	133	103first violation, a civil penalty of up to $500 for the second violation and a civil penalty of up to
134	134	104$1000 for a third or subsequent violation. Each day a retail establishment is in violation of this
135	135	105chapter shall be considered a separate violation. Each city and town shall dispose of a civil
136	136	106violation under this subsection by the non-criminal method of disposition procedures contained
137	137	107in section 21D of chapter 40 without an enabling ordinance or bylaw.
138	138	108 (c) Each city and town shall designate the municipal board, department or official
139	139	109responsible for the local enforcement of this chapter and for the collection of money resulting
140	140	110from civil penalties assessed for violations of this chapter. A city or town shall retain any civil
141	141	111penalties collected for such violations.
142	142	112 Section 5. The department of environmental protection may through regulation: (i)
143	143	113increase or adjust the postconsumer recycled material percentage in a recycled paper bag; (ii)
144	144	114increase or adjust the fee established under subsections (c)-(d) of section 2; (iii) allow a retail
145	145	115establishment to use other non-plastic type carryout bags that are recyclable or compostable,
146	146	116provided however that such regulations shall not be implemented prior to the universal
147	147	117availability of a safe disposal route for compostable bags and, provided further, that the 7 of 7
148	148	118department shall seek public comment on said proposed regulations; and (iv) promulgate
149	149	119standards regulating bags authorized under subsection (b) of section 2.
150	150	120 The department of environmental protection shall, when adopting or amending any
151	151	121standard for an allowed recycled or reusable bag under this chapter, consult with the department
152	152	122of public health on issues relating to food safety and the materials used to produce the bags.
153	153	123 The department of environmental protection shall conduct an evaluation of the
154	154	124implementation of this act every three years and shall submit to the clerks of the senate and the
155	155	125house of representatives a report including legislative recommendations not later than December
156	156	12631.
157	157	127 Section 6. Nothing in this chapter shall prohibit or limit the department of environmental
158	158	128protection’s authority to enforce this chapter.
159	159	129 Section 7. Notwithstanding any general or special law to the contrary, the department of
160	160	130transitional assistance shall, if necessary to implement subsection (j) of section 2 of chapter 21P
161	161	131of the General Laws, use reasonable efforts to seek a waiver from the federal Food and Nutrition
162	162	132Service to implement said subsection (j) of said section 2 of said chapter 21P.