Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S654 Compare Versions

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22 SENATE DOCKET, NO. 2134 FILED ON: 1/17/2025
33 SENATE . . . . . . . . . . . . . . No. 654
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Rebecca L. Rausch
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to reduce plastics.
1313 _______________
1414 PETITION OF:
1515 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
1616 SENATE DOCKET, NO. 2134 FILED ON: 1/17/2025
1717 SENATE . . . . . . . . . . . . . . No. 654
1818 By Ms. Rausch, a petition (accompanied by bill, Senate, No. 654) of Rebecca L. Rausch, Edward
1919 R. Philips, Joanne M. Comerford, Brian W. Murray and other members of the General Court for
2020 legislation to reduce plastics. Environment and Natural Resources.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE SENATE, NO. 570 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act to reduce plastics.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. The General Laws are hereby amended by inserting after chapter 21O the
3232 2following chapter:-
3333 3 CHAPTER 21P.
3434 4 MASSACHUSETTS PLASTICS REDUCTION ACT
3535 5 Section 1. As used in this chapter, the following words shall have the following meanings
3636 6unless the context clearly requires otherwise:
3737 7 “Bag”, a container made of flexible material with an opening at the top, commonly used
3838 8to carry things. 2 of 12
3939 9 “Carryout bag”, a bag provided to a customer to hold items purchased from or serviced
4040 10by a business, retailer, organization or other entity; provided, however, that “carryout bag” shall
4141 11not include a non-handled bag: (i) provided by a pharmacy to a customer purchasing prescription
4242 12medication; (ii) used to protect items from damaging or contaminating other purchased items
4343 13placed in a recycled paper bag or a reusable grocery bag; (iii) provided to contain an unwrapped
4444 14food item; (iv) used to protect articles of clothing on a hanger; (v) used to prevent frozen food
4545 15items from thawing; (vi) provided or made available to a customer purchasing raw meat,
4646 16uncooked seafood or other similar products; or (vii) used to protect small items from loss.
4747 17 “Customer”, a person who purchases or otherwise receives goods, services or materials
4848 18from a business, organization, corporation or other entity.
4949 19 “Department”, the department of environmental protection.
5050 20 “Disposable”, designed to be discarded after a single or limited number of uses and not
5151 21designed or manufactured for long-term multiple reuse.
5252 22 “Food service ware”, disposable products used for serving or transporting foods or
5353 23beverages for human consumption, including, but not limited to, plates, bowls, trays, cups,
5454 24cartons, hinged or lidded containers, straws, stirrers, cup spill plugs, cup sleeves, condiments
5555 25containers, utensils, cocktail sticks or picks, toothpicks, film wrap and napkins; provided,
5656 26however, that “food service ware” shall not include detachable lids for beverage cups or food
5757 27containers, coolers or ice chests.
5858 28 “Intentional release”, an event where one or more persons knowingly releases one or
5959 29more balloons of any type into the atmosphere. 3 of 12
6060 30 “Plastic”, any synthetic or semi-synthetic material made partially or entirely from fossil
6161 31fuel-based petrochemical polymers that retains its shape during its lifecycle, including, but not
6262 32limited to, polystyrene, polyethylene, polypropylene and polycarbonate.
6363 33 “Postconsumer recycled material”, material used in a recycled paper bag that would
6464 34otherwise be destined for solid waste disposal, having completed its intended end use and
6565 35product life cycle, and that does not comprise any material or byproduct generated from, and
6666 36commonly reused within, an original manufacturing and fabrication process.
6767 37 “Recycle”, to separate, dismantle or process the materials, components or commodities in
6868 38materials for the purpose of preparation for use or reuse in new products or components;
6969 39provided, however, that “recycle” shall not include energy recovery or energy generation by
7070 40means of pyrolysis, gasification or other heat chemical conversion processes, or landfill disposal.
7171 41 “Recycled paper bag”, a paper bag that is 100 per cent recyclable and contains not less
7272 42than 50 per cent postconsumer recycled material.
7373 43 “Reusable bag”, a bag that: (i) is made of machine-washable cloth, fabric, hemp or other
7474 44woven or non-woven fibers; (ii) has handles that are stitched with thread and not heat-fused; and
7575 45(iii) is designed and manufactured for multiple uses; provided, however, that a “reusable bag”
7676 46shall not include a bag made of plastic film of any thickness.
7777 47 “Serviced” or “Servicing”, the past or present act of cleaning, repairing, improving,
7878 48refinishing or altering an item owned by a customer by a person engaged in a retail business of
7979 49customarily providing such services, including, but not limited to, dry cleaning and tailoring
8080 50articles of clothing, jewelry repair and shoe and leather repair. 4 of 12
8181 51 Section 2. (a) A retailer or charging entity shall not provide a customer with a carryout
8282 52bag unless such carryout bag is a recycled paper bag or a reusable bag; provided, however, that a
8383 53customer shall be charged not less than 10 cents per recycled paper bag; and provided further,
8484 54that a recycled paper bag purchased under this section shall not be subject to taxation pursuant to
8585 55chapter 64H or 64I.
8686 56 (b) Five cents per recycled paper bag sold shall be remitted by the retailer or charging
8787 57entity to the department of revenue at the same time and in the same manner as sales taxes are
8888 58due to the commonwealth. The department of revenue shall deposit such amounts into the
8989 59Plastics Environmental Protection Fund established under section 2EEEEEE of chapter 29. The
9090 60department of revenue may promulgate regulations to facilitate the collection of the fee set forth
9191 61in this paragraph. The retailer or charging entity shall retain the remainder of the amount charged
9292 62to customers.
9393 63 (c) Nothing in this section shall prohibit the sale or offering for sale of packages
9494 64containing several bags, products or goods with a protective or other bag received from a
9595 65manufacturer or distributor or bags offered for sale as a product or merchandise that are not
9696 66carryout bags.
9797 67 (d) This section shall not apply to: (i) bags otherwise required to be used under state or
9898 68federal law; or (ii) a nonprofit organization, charity or religious institution in the provision or
9999 69distribution of food, clothing or other items at no cost or substantially reduced cost.
100100 70 (e) A business with only 1 store location of not more than 4,000 square feet of retail
101101 71selling space and not more than 10 employees, and which provided not more than 10,000 5 of 12
102102 72carryout bags in total during the previous calendar year, shall not be required to collect or remit
103103 73bag fees as otherwise set forth in this section.
104104 74 Section 3. (a) Except as provided in subsection (b), a retailer or charging entity shall not
105105 75provide a customer with disposable food service ware unless requested by the customer.
106106 76 (b) A retailer or charging entity may make disposable food service ware available to a
107107 77consumer for self-service to allow for non-bundled, single-use food service ware to be obtained.
108108 78 (c) No food service ware provided consistent with this section shall be made from black
109109 79plastic; provided, however, that the provisions of this subsection shall not apply to prepared food
110110 80packaged outside of the commonwealth.
111111 81 Section 4. No retail establishment shall sell or otherwise provide to a consumer alcoholic
112112 82beverages in plastic containers less than or equal to 100 milliliters. Each day a retail
113113 83establishment is in violation of this section shall be considered a separate violation.
114114 84 Section 5. No retail establishment shall sell or otherwise provide to a consumer plastic
115115 85bottles containing 1 liter or less of non-carbonated, non-flavored water, except as may be
116116 86required for safety, health, or public welfare, or to prepare for or respond to an emergency. Each
117117 87day a retail establishment is in violation of this section shall be considered a separate violation.
118118 88 Section 6. (a) For the purposes of this section, “state agency” shall mean any department
119119 89of the executive branch, the legislative branch, the judicial branch and any independent state
120120 90authority, quasi-public authority, board, district, commission, instrumentality or agency.
121121 91 (b) State agencies shall not procure single-use plastic bottles that have a capacity of not
122122 92more than 21 fluid ounces; provided, however, that state agencies shall be exempt from this 6 of 12
123123 93requirement if such exemption is required to provide for disability or accessibility related
124124 94accommodations.
125125 95 (c) State funds shall not be used to purchase single-use plastic bottles that have a capacity
126126 96of not more than 64 fluid ounces of non-carbonated, non-flavored water for use in a facility that
127127 97is served by a public water supply or potable well water; provided, however, that state funds may
128128 98be used if required to provide for disability or accessibility related accommodations.
129129 99 Subsections (b) and (c) shall not apply: (i) when no alternative is available or practicable;
130130 100(ii) when necessary to protect health, safety and welfare; (iii) when compliance with this section
131131 101would conflict with contract requirements or labor agreements in existence as of the effective
132132 102date of this section or agreements solicited before the effective date of this section; and (iv) to
133133 103prepare for or respond to an emergency.
134134 104 Section 7. The department shall establish a statewide program to provide for the recycling
135135 105of bulk plastic materials, including, but not limited to child passenger restraints as defined in
136136 106section 1 of chapter 90, and may: (i) implement local or regional bulk plastic recycling programs;
137137 107(ii) accept applications from municipalities for grants and to award grants to assist in the
138138 108development or establishment of local and regional bulk plastic recycling projects; and (iii)
139139 109partner or contract with private organizations to assist in the development or establishment of a
140140 110bulk plastic recycling program.
141141 111 Section 8. (a) The organization of or participation in an intentional release of any type of
142142 112balloon, including but not limited to plastic, latex and mylar, filled with any type of gas lighter
143143 113than air is hereby prohibited. Each intentional release, or organization of an intentional release,
144144 114shall constitute a separate violation. 7 of 12
145145 115 (b) The provisions of this section shall not apply to: (i) balloons released by or on behalf
146146 116of any agency of the commonwealth or the United States for scientific or meteorological
147147 117purposes; (ii) hot air balloons that are recovered after launch; or (iii) balloons released by a
148148 118person under the age of 12 years.
149149 119 (c) The department shall prepare and make available to retail distributors (i) notice of the
150150 120provisions of this section; and (ii) information about the harmful effects of releasing balloons
151151 121into the environment. The notice shall be available in English and in any other language spoken
152152 122by at least ten percent of the Massachusetts population. The notice shall be available for
153153 123download on the department’s website.
154154 124 (d) Retail distributors of balloons of any type shall: (i) post the notice described in
155155 125subparagraph (c) on websites used for online sales transactions and in retail locations in a
156156 126location that is visible to customers; and (ii) provide each customer purchasing one or more
157157 127balloons, including but not limited to online transactions, with information about the harmful
158158 128effects of releasing balloons into the environment. Retailers may provide customers purchasing
159159 129balloons with weights and fasteners.
160160 130 Section 9. A municipality shall not pass, adopt, promulgate or otherwise effectuate an
161161 131ordinance, by-law or other rule or regulation inconsistent with this chapter.
162162 132 Section 10. Except as otherwise provided, the department shall promulgate regulations to
163163 133implement and enforce this chapter. The department may promulgate regulations to increase the
164164 134minimum postconsumer recycled material required for recycled paper bags.
165165 135 Section 11. The department shall establish and assess civil administrative penalties
166166 136pursuant to section 16 of chapter 21A for violations of this chapter. 8 of 12
167167 137 The superior court department of the trial court may assess civil penalties as set forth in
168168 138this section and enjoin violations of, and grant such additional relief as it deems necessary or
169169 139appropriate to secure compliance with, the provisions of this chapter, or any regulation, rule or
170170 140other order or action adopted or issued pursuant to this section. The attorney general and district
171171 141attorneys may bring enforcement actions under this section in the superior court department of
172172 142the trial court or any other court of competent jurisdiction.
173173 143 SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting after
174174 144section 2DDDDDD the following section:-
175175 145 Section 2EEEEEE. (a) There shall be a Plastics Environmental Protection Fund to be
176176 146expended, without prior appropriation, by the department of environmental protection. The fund
177177 147shall consist of: (i) revenue from appropriations or other money authorized by the general court
178178 148and specifically designated to be credited to the fund; (ii) interest earned on such revenues; (iii)
179179 149funds from public and private sources, including, but not limited to, gifts, grants, donations and
180180 150settlements received by the commonwealth that are designated to be credited to the fund; (iv)
181181 151federal funds paid to the commonwealth designated to be credited to the fund; and (v) monies
182182 152paid to the commonwealth pursuant to chapter 21P, including all funds collected by the
183183 153department of revenue pursuant to section 2 of said chapter 21P. The fund shall be expended to:
184184 154(i) improve the air, water, soil or other environmental conditions for low and moderate income
185185 155communities; (ii) provide reusable bags to low and moderate income communities and
186186 156individuals receiving benefits administered by the department of transitional assistance at no
187187 157cost; (iii) issue grants to small businesses that are incorporated and have principal places of
188188 158business in the commonwealth to assist in the reduction of plastic use within each business,
189189 159including, but not limited to, small businesses in the food service and production industries; and 9 of 12
190190 160(iv) provide multilingual, culturally competent educational materials and programming,
191191 161including, but not limited to, experiential education regarding bag reuse and recycling and other
192192 162aspects of environmental protection. Any bond proceeds deposited into the fund shall be kept
193193 163separate from any and all other funds deposited into the fund. No expenditure from the fund shall
194194 164cause the fund to be in deficiency at the close of a fiscal year. Monies deposited into the fund
195195 165that are unexpended at the end of a fiscal year shall not revert to the General Fund and shall be
196196 166available for expenditure in the subsequent fiscal year.
197197 167 (b) The department of environmental protection shall administer the fund. Annually, not
198198 168later than March 1, the department shall report on the activities of the fund from the previous
199199 169calendar year to the clerks of the senate and house of representatives, the senate and house
200200 170committees on ways and means and the joint committee on environment and natural resources.
201201 171The department may promulgate regulations or issue other guidance to implement this section.
202202 172The department shall consult with the department of transitional assistance to equitably
203203 173implement the provision of no-cost reusable bags as set forth in subsection (a). The department
204204 174shall consult with the Massachusetts Growth Capital Corporation to equitably implement the
205205 175provision of grants to small businesses to assist in the reduction of plastic use.
206206 176 SECTION 3. Chapter 94 of the General Laws is hereby amended by inserting after
207207 177section 329 the following section:-
208208 178 Section 330. (a) As used in this section, the following words shall have the following
209209 179meanings unless the context clearly requires otherwise: 10 of 12
210210 180 “Covered entity”, a person, corporation, business or other entity that manufactures,
211211 181produces or packages a covered product and shall include, but not be limited to, a wholesaler,
212212 182supplier or retailer that is responsible for labeling a covered product.
213213 183 “Covered product”, a premoistened, nonwoven disposable wipe composed in part or
214214 184entirely of petrochemical-derived fibers that is reasonably likely to be flushed down a toilet or
215215 185otherwise caused to enter a plumbing, septic or sewer system; provided, however, that a
216216 186“covered product” shall include, but not be limited to, baby wipes, disinfecting wipes and facial
217217 187wipes; provided further, that a “covered product” shall not include wipes composed entirely of
218218 188wood pulp fibers and engineered to lose strength and degrade after disposal.
219219 189 (b) A covered entity shall clearly label a covered product that the entity produces,
220220 190manufactures, packages, offers for sale or sells in the commonwealth with the phrase “Do Not
221221 191Flush”.
222222 192 (c) Whoever violates this section, or any regulation, rule or other order or action adopted
223223 193or issued pursuant to this section, shall be subject to a fine, civil penalty or, notwithstanding the
224224 194limitations set forth in section 16 of chapter 21A, civil administrative penalty of not more than
225225 195$2,500 per violation. Producing, manufacturing, packaging, offering for sale or selling 1 or more
226226 196units of the same covered product in violation of this section shall constitute a single violation
227227 197for each day such violation occurs. This shall be in addition to any other penalty or remedy
228228 198prescribed by law.
229229 199 The attorney general and district attorneys shall enforce this section. The office of
230230 200consumer affairs and business regulation may refer violations of this section to a district attorney
231231 201or the attorney general for enforcement, including, but not limited to, for actions to assess 11 of 12
232232 202monetary penalties and enjoinment. The superior court department of the trial court shall have
233233 203jurisdiction to assess civil penalties as set forth in this section and to enjoin violations of, and
234234 204grant such additional relief as it deems necessary or appropriate to secure compliance with, this
235235 205section, or any regulation, rule or other order or action adopted or issued pursuant to this section.
236236 206 (d) The office of consumer affairs and business regulation may promulgate regulations to
237237 207implement and enforce this section.
238238 208 SECTION 4. The department of environmental protection shall conduct a culturally
239239 209competent and linguistically diverse outreach and education program regarding non-flushable
240240 210wipes consistent with section 330 of chapter 94 of the General Laws. In preparing and delivering
241241 211the outreach and education program, the department shall consult with the Massachusetts Water
242242 212Resources Authority, the Greater Lawrence Sanitary District, Upper Blackstone Clean Water, the
243243 213city of Springfield water and sewer commission, the city of Pittsfield wastewater treatment plant
244244 214division, the city of New Bedford department of public infrastructure wastewater division, the
245245 215city of Fall River sewer commission, the city of Brockton department of public works sewer
246246 216division, the town of Franklin water and sewer division, the city of Attleboro wastewater
247247 217department and the Barnstable county Alternative Septic System Tracking program.
248248 218 SECTION 5. Not later than December 31, 2025, the department of environmental
249249 219protection shall publish on its website and submit to the clerks of the senate and house of
250250 220representatives, the senate and house committees on ways and means and the joint committee on
251251 221environment and natural resources a report stating its progress on implementing the composting
252252 222and other components of the department’s Organics Action Plan of November 2023. The report
253253 223shall clearly indicate any legislative changes or resources necessary to increase the rate at which 12 of 12
254254 224food and organic waste is composted and reduce the contamination of waste and recycling
255255 225streams by compostable materials.
256256 226 SECTION 6. The department of environmental protection shall study and make
257257 227recommendations on the feasibility and benefits of banning foam and solid polystyrene in the
258258 228commonwealth. The study shall include, but not be limited to, an analysis of the: (i)
259259 229environmental and other benefits of banning foam and solid polystyrene products; (ii) health
260260 230impacts of foam and solid polystyrene use; (iii) reasonable and affordable alternatives to foam
261261 231and solid polystyrene; and (iv) cost impacts of banning foam and solid polystyrene products on
262262 232retailers, consumers and municipalities.
263263 233 Not later than June 30, 2026, the department shall file a report on their findings and
264264 234recommendations with the clerks of the senate and the house of representatives and the joint
265265 235committee on environment and natural resources.
266266 236 SECTION 7. Except as otherwise provided herein, this act shall take effect on January 1,
267267 2372026.
268268 238 SECTION 8. Section 3 shall take effect on January 1, 2028.
269269 239 SECTION 9. Section 4 shall take effect on January 1, 2027.