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2 | 2 | | SENATE DOCKET, NO. 2134 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 654 |
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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 | | Rebecca L. Rausch |
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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 to reduce plastics. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and MiddlesexEdward R. Philips8th NorfolkJoanne M. ComerfordHampshire, Franklin and Worcester1/29/2025Brian W. Murray10th Worcester2/4/2025James B. EldridgeMiddlesex and Worcester2/10/2025Patricia D. JehlenSecond Middlesex3/6/2025Sal N. DiDomenicoMiddlesex and Suffolk3/6/2025Michael O. MooreSecond Worcester3/6/2025 1 of 12 |
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16 | 16 | | SENATE DOCKET, NO. 2134 FILED ON: 1/17/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 654 |
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18 | 18 | | By Ms. Rausch, a petition (accompanied by bill, Senate, No. 654) of Rebecca L. Rausch, Edward |
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19 | 19 | | R. Philips, Joanne M. Comerford, Brian W. Murray and other members of the General Court for |
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20 | 20 | | legislation to reduce plastics. Environment and Natural Resources. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE SENATE, NO. 570 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act to reduce plastics. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. The General Laws are hereby amended by inserting after chapter 21O the |
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32 | 32 | | 2following chapter:- |
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33 | 33 | | 3 CHAPTER 21P. |
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34 | 34 | | 4 MASSACHUSETTS PLASTICS REDUCTION ACT |
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35 | 35 | | 5 Section 1. As used in this chapter, the following words shall have the following meanings |
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36 | 36 | | 6unless the context clearly requires otherwise: |
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37 | 37 | | 7 “Bag”, a container made of flexible material with an opening at the top, commonly used |
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38 | 38 | | 8to carry things. 2 of 12 |
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39 | 39 | | 9 “Carryout bag”, a bag provided to a customer to hold items purchased from or serviced |
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40 | 40 | | 10by a business, retailer, organization or other entity; provided, however, that “carryout bag” shall |
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41 | 41 | | 11not include a non-handled bag: (i) provided by a pharmacy to a customer purchasing prescription |
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42 | 42 | | 12medication; (ii) used to protect items from damaging or contaminating other purchased items |
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43 | 43 | | 13placed in a recycled paper bag or a reusable grocery bag; (iii) provided to contain an unwrapped |
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44 | 44 | | 14food item; (iv) used to protect articles of clothing on a hanger; (v) used to prevent frozen food |
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45 | 45 | | 15items from thawing; (vi) provided or made available to a customer purchasing raw meat, |
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46 | 46 | | 16uncooked seafood or other similar products; or (vii) used to protect small items from loss. |
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47 | 47 | | 17 “Customer”, a person who purchases or otherwise receives goods, services or materials |
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48 | 48 | | 18from a business, organization, corporation or other entity. |
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49 | 49 | | 19 “Department”, the department of environmental protection. |
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50 | 50 | | 20 “Disposable”, designed to be discarded after a single or limited number of uses and not |
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51 | 51 | | 21designed or manufactured for long-term multiple reuse. |
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52 | 52 | | 22 “Food service ware”, disposable products used for serving or transporting foods or |
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53 | 53 | | 23beverages for human consumption, including, but not limited to, plates, bowls, trays, cups, |
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54 | 54 | | 24cartons, hinged or lidded containers, straws, stirrers, cup spill plugs, cup sleeves, condiments |
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55 | 55 | | 25containers, utensils, cocktail sticks or picks, toothpicks, film wrap and napkins; provided, |
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56 | 56 | | 26however, that “food service ware” shall not include detachable lids for beverage cups or food |
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57 | 57 | | 27containers, coolers or ice chests. |
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58 | 58 | | 28 “Intentional release”, an event where one or more persons knowingly releases one or |
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59 | 59 | | 29more balloons of any type into the atmosphere. 3 of 12 |
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60 | 60 | | 30 “Plastic”, any synthetic or semi-synthetic material made partially or entirely from fossil |
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61 | 61 | | 31fuel-based petrochemical polymers that retains its shape during its lifecycle, including, but not |
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62 | 62 | | 32limited to, polystyrene, polyethylene, polypropylene and polycarbonate. |
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63 | 63 | | 33 “Postconsumer recycled material”, material used in a recycled paper bag that would |
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64 | 64 | | 34otherwise be destined for solid waste disposal, having completed its intended end use and |
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65 | 65 | | 35product life cycle, and that does not comprise any material or byproduct generated from, and |
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66 | 66 | | 36commonly reused within, an original manufacturing and fabrication process. |
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67 | 67 | | 37 “Recycle”, to separate, dismantle or process the materials, components or commodities in |
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68 | 68 | | 38materials for the purpose of preparation for use or reuse in new products or components; |
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69 | 69 | | 39provided, however, that “recycle” shall not include energy recovery or energy generation by |
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70 | 70 | | 40means of pyrolysis, gasification or other heat chemical conversion processes, or landfill disposal. |
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71 | 71 | | 41 “Recycled paper bag”, a paper bag that is 100 per cent recyclable and contains not less |
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72 | 72 | | 42than 50 per cent postconsumer recycled material. |
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73 | 73 | | 43 “Reusable bag”, a bag that: (i) is made of machine-washable cloth, fabric, hemp or other |
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74 | 74 | | 44woven or non-woven fibers; (ii) has handles that are stitched with thread and not heat-fused; and |
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75 | 75 | | 45(iii) is designed and manufactured for multiple uses; provided, however, that a “reusable bag” |
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76 | 76 | | 46shall not include a bag made of plastic film of any thickness. |
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77 | 77 | | 47 “Serviced” or “Servicing”, the past or present act of cleaning, repairing, improving, |
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78 | 78 | | 48refinishing or altering an item owned by a customer by a person engaged in a retail business of |
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79 | 79 | | 49customarily providing such services, including, but not limited to, dry cleaning and tailoring |
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80 | 80 | | 50articles of clothing, jewelry repair and shoe and leather repair. 4 of 12 |
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81 | 81 | | 51 Section 2. (a) A retailer or charging entity shall not provide a customer with a carryout |
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82 | 82 | | 52bag unless such carryout bag is a recycled paper bag or a reusable bag; provided, however, that a |
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83 | 83 | | 53customer shall be charged not less than 10 cents per recycled paper bag; and provided further, |
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84 | 84 | | 54that a recycled paper bag purchased under this section shall not be subject to taxation pursuant to |
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85 | 85 | | 55chapter 64H or 64I. |
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86 | 86 | | 56 (b) Five cents per recycled paper bag sold shall be remitted by the retailer or charging |
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87 | 87 | | 57entity to the department of revenue at the same time and in the same manner as sales taxes are |
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88 | 88 | | 58due to the commonwealth. The department of revenue shall deposit such amounts into the |
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89 | 89 | | 59Plastics Environmental Protection Fund established under section 2EEEEEE of chapter 29. The |
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90 | 90 | | 60department of revenue may promulgate regulations to facilitate the collection of the fee set forth |
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91 | 91 | | 61in this paragraph. The retailer or charging entity shall retain the remainder of the amount charged |
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92 | 92 | | 62to customers. |
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93 | 93 | | 63 (c) Nothing in this section shall prohibit the sale or offering for sale of packages |
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94 | 94 | | 64containing several bags, products or goods with a protective or other bag received from a |
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95 | 95 | | 65manufacturer or distributor or bags offered for sale as a product or merchandise that are not |
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96 | 96 | | 66carryout bags. |
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97 | 97 | | 67 (d) This section shall not apply to: (i) bags otherwise required to be used under state or |
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98 | 98 | | 68federal law; or (ii) a nonprofit organization, charity or religious institution in the provision or |
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99 | 99 | | 69distribution of food, clothing or other items at no cost or substantially reduced cost. |
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100 | 100 | | 70 (e) A business with only 1 store location of not more than 4,000 square feet of retail |
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101 | 101 | | 71selling space and not more than 10 employees, and which provided not more than 10,000 5 of 12 |
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102 | 102 | | 72carryout bags in total during the previous calendar year, shall not be required to collect or remit |
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103 | 103 | | 73bag fees as otherwise set forth in this section. |
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104 | 104 | | 74 Section 3. (a) Except as provided in subsection (b), a retailer or charging entity shall not |
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105 | 105 | | 75provide a customer with disposable food service ware unless requested by the customer. |
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106 | 106 | | 76 (b) A retailer or charging entity may make disposable food service ware available to a |
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107 | 107 | | 77consumer for self-service to allow for non-bundled, single-use food service ware to be obtained. |
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108 | 108 | | 78 (c) No food service ware provided consistent with this section shall be made from black |
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109 | 109 | | 79plastic; provided, however, that the provisions of this subsection shall not apply to prepared food |
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110 | 110 | | 80packaged outside of the commonwealth. |
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111 | 111 | | 81 Section 4. No retail establishment shall sell or otherwise provide to a consumer alcoholic |
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112 | 112 | | 82beverages in plastic containers less than or equal to 100 milliliters. Each day a retail |
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113 | 113 | | 83establishment is in violation of this section shall be considered a separate violation. |
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114 | 114 | | 84 Section 5. No retail establishment shall sell or otherwise provide to a consumer plastic |
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115 | 115 | | 85bottles containing 1 liter or less of non-carbonated, non-flavored water, except as may be |
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116 | 116 | | 86required for safety, health, or public welfare, or to prepare for or respond to an emergency. Each |
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117 | 117 | | 87day a retail establishment is in violation of this section shall be considered a separate violation. |
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118 | 118 | | 88 Section 6. (a) For the purposes of this section, “state agency” shall mean any department |
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119 | 119 | | 89of the executive branch, the legislative branch, the judicial branch and any independent state |
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120 | 120 | | 90authority, quasi-public authority, board, district, commission, instrumentality or agency. |
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121 | 121 | | 91 (b) State agencies shall not procure single-use plastic bottles that have a capacity of not |
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122 | 122 | | 92more than 21 fluid ounces; provided, however, that state agencies shall be exempt from this 6 of 12 |
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123 | 123 | | 93requirement if such exemption is required to provide for disability or accessibility related |
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124 | 124 | | 94accommodations. |
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125 | 125 | | 95 (c) State funds shall not be used to purchase single-use plastic bottles that have a capacity |
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126 | 126 | | 96of not more than 64 fluid ounces of non-carbonated, non-flavored water for use in a facility that |
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127 | 127 | | 97is served by a public water supply or potable well water; provided, however, that state funds may |
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128 | 128 | | 98be used if required to provide for disability or accessibility related accommodations. |
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129 | 129 | | 99 Subsections (b) and (c) shall not apply: (i) when no alternative is available or practicable; |
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130 | 130 | | 100(ii) when necessary to protect health, safety and welfare; (iii) when compliance with this section |
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131 | 131 | | 101would conflict with contract requirements or labor agreements in existence as of the effective |
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132 | 132 | | 102date of this section or agreements solicited before the effective date of this section; and (iv) to |
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133 | 133 | | 103prepare for or respond to an emergency. |
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134 | 134 | | 104 Section 7. The department shall establish a statewide program to provide for the recycling |
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135 | 135 | | 105of bulk plastic materials, including, but not limited to child passenger restraints as defined in |
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136 | 136 | | 106section 1 of chapter 90, and may: (i) implement local or regional bulk plastic recycling programs; |
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137 | 137 | | 107(ii) accept applications from municipalities for grants and to award grants to assist in the |
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138 | 138 | | 108development or establishment of local and regional bulk plastic recycling projects; and (iii) |
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139 | 139 | | 109partner or contract with private organizations to assist in the development or establishment of a |
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140 | 140 | | 110bulk plastic recycling program. |
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141 | 141 | | 111 Section 8. (a) The organization of or participation in an intentional release of any type of |
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142 | 142 | | 112balloon, including but not limited to plastic, latex and mylar, filled with any type of gas lighter |
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143 | 143 | | 113than air is hereby prohibited. Each intentional release, or organization of an intentional release, |
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144 | 144 | | 114shall constitute a separate violation. 7 of 12 |
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145 | 145 | | 115 (b) The provisions of this section shall not apply to: (i) balloons released by or on behalf |
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146 | 146 | | 116of any agency of the commonwealth or the United States for scientific or meteorological |
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147 | 147 | | 117purposes; (ii) hot air balloons that are recovered after launch; or (iii) balloons released by a |
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148 | 148 | | 118person under the age of 12 years. |
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149 | 149 | | 119 (c) The department shall prepare and make available to retail distributors (i) notice of the |
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150 | 150 | | 120provisions of this section; and (ii) information about the harmful effects of releasing balloons |
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151 | 151 | | 121into the environment. The notice shall be available in English and in any other language spoken |
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152 | 152 | | 122by at least ten percent of the Massachusetts population. The notice shall be available for |
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153 | 153 | | 123download on the department’s website. |
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154 | 154 | | 124 (d) Retail distributors of balloons of any type shall: (i) post the notice described in |
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155 | 155 | | 125subparagraph (c) on websites used for online sales transactions and in retail locations in a |
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156 | 156 | | 126location that is visible to customers; and (ii) provide each customer purchasing one or more |
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157 | 157 | | 127balloons, including but not limited to online transactions, with information about the harmful |
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158 | 158 | | 128effects of releasing balloons into the environment. Retailers may provide customers purchasing |
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159 | 159 | | 129balloons with weights and fasteners. |
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160 | 160 | | 130 Section 9. A municipality shall not pass, adopt, promulgate or otherwise effectuate an |
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161 | 161 | | 131ordinance, by-law or other rule or regulation inconsistent with this chapter. |
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162 | 162 | | 132 Section 10. Except as otherwise provided, the department shall promulgate regulations to |
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163 | 163 | | 133implement and enforce this chapter. The department may promulgate regulations to increase the |
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164 | 164 | | 134minimum postconsumer recycled material required for recycled paper bags. |
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165 | 165 | | 135 Section 11. The department shall establish and assess civil administrative penalties |
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166 | 166 | | 136pursuant to section 16 of chapter 21A for violations of this chapter. 8 of 12 |
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167 | 167 | | 137 The superior court department of the trial court may assess civil penalties as set forth in |
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168 | 168 | | 138this section and enjoin violations of, and grant such additional relief as it deems necessary or |
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169 | 169 | | 139appropriate to secure compliance with, the provisions of this chapter, or any regulation, rule or |
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170 | 170 | | 140other order or action adopted or issued pursuant to this section. The attorney general and district |
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171 | 171 | | 141attorneys may bring enforcement actions under this section in the superior court department of |
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172 | 172 | | 142the trial court or any other court of competent jurisdiction. |
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173 | 173 | | 143 SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting after |
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174 | 174 | | 144section 2DDDDDD the following section:- |
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175 | 175 | | 145 Section 2EEEEEE. (a) There shall be a Plastics Environmental Protection Fund to be |
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176 | 176 | | 146expended, without prior appropriation, by the department of environmental protection. The fund |
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177 | 177 | | 147shall consist of: (i) revenue from appropriations or other money authorized by the general court |
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178 | 178 | | 148and specifically designated to be credited to the fund; (ii) interest earned on such revenues; (iii) |
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179 | 179 | | 149funds from public and private sources, including, but not limited to, gifts, grants, donations and |
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180 | 180 | | 150settlements received by the commonwealth that are designated to be credited to the fund; (iv) |
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181 | 181 | | 151federal funds paid to the commonwealth designated to be credited to the fund; and (v) monies |
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182 | 182 | | 152paid to the commonwealth pursuant to chapter 21P, including all funds collected by the |
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183 | 183 | | 153department of revenue pursuant to section 2 of said chapter 21P. The fund shall be expended to: |
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184 | 184 | | 154(i) improve the air, water, soil or other environmental conditions for low and moderate income |
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185 | 185 | | 155communities; (ii) provide reusable bags to low and moderate income communities and |
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186 | 186 | | 156individuals receiving benefits administered by the department of transitional assistance at no |
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187 | 187 | | 157cost; (iii) issue grants to small businesses that are incorporated and have principal places of |
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188 | 188 | | 158business in the commonwealth to assist in the reduction of plastic use within each business, |
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189 | 189 | | 159including, but not limited to, small businesses in the food service and production industries; and 9 of 12 |
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190 | 190 | | 160(iv) provide multilingual, culturally competent educational materials and programming, |
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191 | 191 | | 161including, but not limited to, experiential education regarding bag reuse and recycling and other |
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192 | 192 | | 162aspects of environmental protection. Any bond proceeds deposited into the fund shall be kept |
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193 | 193 | | 163separate from any and all other funds deposited into the fund. No expenditure from the fund shall |
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194 | 194 | | 164cause the fund to be in deficiency at the close of a fiscal year. Monies deposited into the fund |
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195 | 195 | | 165that are unexpended at the end of a fiscal year shall not revert to the General Fund and shall be |
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196 | 196 | | 166available for expenditure in the subsequent fiscal year. |
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197 | 197 | | 167 (b) The department of environmental protection shall administer the fund. Annually, not |
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198 | 198 | | 168later than March 1, the department shall report on the activities of the fund from the previous |
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199 | 199 | | 169calendar year to the clerks of the senate and house of representatives, the senate and house |
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200 | 200 | | 170committees on ways and means and the joint committee on environment and natural resources. |
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201 | 201 | | 171The department may promulgate regulations or issue other guidance to implement this section. |
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202 | 202 | | 172The department shall consult with the department of transitional assistance to equitably |
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203 | 203 | | 173implement the provision of no-cost reusable bags as set forth in subsection (a). The department |
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204 | 204 | | 174shall consult with the Massachusetts Growth Capital Corporation to equitably implement the |
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205 | 205 | | 175provision of grants to small businesses to assist in the reduction of plastic use. |
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206 | 206 | | 176 SECTION 3. Chapter 94 of the General Laws is hereby amended by inserting after |
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207 | 207 | | 177section 329 the following section:- |
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208 | 208 | | 178 Section 330. (a) As used in this section, the following words shall have the following |
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209 | 209 | | 179meanings unless the context clearly requires otherwise: 10 of 12 |
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210 | 210 | | 180 “Covered entity”, a person, corporation, business or other entity that manufactures, |
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211 | 211 | | 181produces or packages a covered product and shall include, but not be limited to, a wholesaler, |
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212 | 212 | | 182supplier or retailer that is responsible for labeling a covered product. |
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213 | 213 | | 183 “Covered product”, a premoistened, nonwoven disposable wipe composed in part or |
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214 | 214 | | 184entirely of petrochemical-derived fibers that is reasonably likely to be flushed down a toilet or |
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215 | 215 | | 185otherwise caused to enter a plumbing, septic or sewer system; provided, however, that a |
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216 | 216 | | 186“covered product” shall include, but not be limited to, baby wipes, disinfecting wipes and facial |
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217 | 217 | | 187wipes; provided further, that a “covered product” shall not include wipes composed entirely of |
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218 | 218 | | 188wood pulp fibers and engineered to lose strength and degrade after disposal. |
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219 | 219 | | 189 (b) A covered entity shall clearly label a covered product that the entity produces, |
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220 | 220 | | 190manufactures, packages, offers for sale or sells in the commonwealth with the phrase “Do Not |
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221 | 221 | | 191Flush”. |
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222 | 222 | | 192 (c) Whoever violates this section, or any regulation, rule or other order or action adopted |
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223 | 223 | | 193or issued pursuant to this section, shall be subject to a fine, civil penalty or, notwithstanding the |
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224 | 224 | | 194limitations set forth in section 16 of chapter 21A, civil administrative penalty of not more than |
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225 | 225 | | 195$2,500 per violation. Producing, manufacturing, packaging, offering for sale or selling 1 or more |
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226 | 226 | | 196units of the same covered product in violation of this section shall constitute a single violation |
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227 | 227 | | 197for each day such violation occurs. This shall be in addition to any other penalty or remedy |
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228 | 228 | | 198prescribed by law. |
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229 | 229 | | 199 The attorney general and district attorneys shall enforce this section. The office of |
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230 | 230 | | 200consumer affairs and business regulation may refer violations of this section to a district attorney |
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231 | 231 | | 201or the attorney general for enforcement, including, but not limited to, for actions to assess 11 of 12 |
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232 | 232 | | 202monetary penalties and enjoinment. The superior court department of the trial court shall have |
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233 | 233 | | 203jurisdiction to assess civil penalties as set forth in this section and to enjoin violations of, and |
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234 | 234 | | 204grant such additional relief as it deems necessary or appropriate to secure compliance with, this |
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235 | 235 | | 205section, or any regulation, rule or other order or action adopted or issued pursuant to this section. |
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236 | 236 | | 206 (d) The office of consumer affairs and business regulation may promulgate regulations to |
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237 | 237 | | 207implement and enforce this section. |
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238 | 238 | | 208 SECTION 4. The department of environmental protection shall conduct a culturally |
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239 | 239 | | 209competent and linguistically diverse outreach and education program regarding non-flushable |
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240 | 240 | | 210wipes consistent with section 330 of chapter 94 of the General Laws. In preparing and delivering |
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241 | 241 | | 211the outreach and education program, the department shall consult with the Massachusetts Water |
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242 | 242 | | 212Resources Authority, the Greater Lawrence Sanitary District, Upper Blackstone Clean Water, the |
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243 | 243 | | 213city of Springfield water and sewer commission, the city of Pittsfield wastewater treatment plant |
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244 | 244 | | 214division, the city of New Bedford department of public infrastructure wastewater division, the |
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245 | 245 | | 215city of Fall River sewer commission, the city of Brockton department of public works sewer |
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246 | 246 | | 216division, the town of Franklin water and sewer division, the city of Attleboro wastewater |
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247 | 247 | | 217department and the Barnstable county Alternative Septic System Tracking program. |
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248 | 248 | | 218 SECTION 5. Not later than December 31, 2025, the department of environmental |
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249 | 249 | | 219protection shall publish on its website and submit to the clerks of the senate and house of |
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250 | 250 | | 220representatives, the senate and house committees on ways and means and the joint committee on |
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251 | 251 | | 221environment and natural resources a report stating its progress on implementing the composting |
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252 | 252 | | 222and other components of the department’s Organics Action Plan of November 2023. The report |
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253 | 253 | | 223shall clearly indicate any legislative changes or resources necessary to increase the rate at which 12 of 12 |
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254 | 254 | | 224food and organic waste is composted and reduce the contamination of waste and recycling |
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255 | 255 | | 225streams by compostable materials. |
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256 | 256 | | 226 SECTION 6. The department of environmental protection shall study and make |
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257 | 257 | | 227recommendations on the feasibility and benefits of banning foam and solid polystyrene in the |
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258 | 258 | | 228commonwealth. The study shall include, but not be limited to, an analysis of the: (i) |
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259 | 259 | | 229environmental and other benefits of banning foam and solid polystyrene products; (ii) health |
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260 | 260 | | 230impacts of foam and solid polystyrene use; (iii) reasonable and affordable alternatives to foam |
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261 | 261 | | 231and solid polystyrene; and (iv) cost impacts of banning foam and solid polystyrene products on |
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262 | 262 | | 232retailers, consumers and municipalities. |
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263 | 263 | | 233 Not later than June 30, 2026, the department shall file a report on their findings and |
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264 | 264 | | 234recommendations with the clerks of the senate and the house of representatives and the joint |
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265 | 265 | | 235committee on environment and natural resources. |
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266 | 266 | | 236 SECTION 7. Except as otherwise provided herein, this act shall take effect on January 1, |
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267 | 267 | | 2372026. |
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268 | 268 | | 238 SECTION 8. Section 3 shall take effect on January 1, 2028. |
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269 | 269 | | 239 SECTION 9. Section 4 shall take effect on January 1, 2027. |
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