HOUSE DOCKET, NO. 2463        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 729

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bradley H. Jones, Jr.

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act establishing the commission on extended producer responsibility.

_______________

PETITION OF:

HOUSE DOCKET, NO. 2463        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 729

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2003 OF 2011-2012.]

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Thirteen

_______________

An Act establishing the commission on extended producer responsibility.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Notwithstanding any general or special law to the contrary, there shall be a special commission, referred to as the commission on extended producer responsibility, to study and report on implementing extended producer responsibility laws in the commonwealth. The commission shall consist of the secretary of energy and environmental affairs; the commissioner of environmental protection; 1 member of the department of business development; 3 members of the house of representatives, 2 of whom shall be appointed by the speaker of the house, and 1 of whom shall be appointed by the minority leader of the house; 3 members of the senate, 2 of whom shall be appointed by the senate president, and 1 of whom shall be appointed by the senate minority leader; and 2 members who shall be appointed by the governor.

The scope of the commission shall include, but not be limited to: researching, evaluating, and developing recommendations regarding the economic, environmental, and public health benefits and costs of extended producer responsibility laws related to the manufacture and post-consumer management of products including, but not limited to, the following: leftover paint, electronics, pesticides, household batteries, fluorescent lamps, phone books, carpet, medical sharps, consumer packaging and printed materials, pharmaceuticals, tires and mercury thermostats. The commission shall also research and make recommendations regarding the establishment of a comprehensive product stewardship approach, also known as a framework approach, to create an statewide policy structure for product stewardship that may be applied to an array of products.  The commission shall consult with manufacturers, retailers, recyclers, environmental advocacy organizations, local units of government, and other interested parties, and shall provide at least one opportunity for public comment and the public review of the commission’s draft report.  The commission report shall include, but not be limited to, summaries of the following: (1) the existing infrastructure for managing post-consumer materials and the need for improvements to make this infrastructure convenient for the public; (2) the need for public education to reach target populations; (3) the need for incentives to change consumer behavior; (4) the current extended producer responsibility laws and pending extended producer responsibility legislation in other new england states and around the country; (5) the common elements of extended producer responsibility laws; (6) the opportunities to maximize the efficiency of extended producer responsibility programs by coordinating with other states in the region; and (7) the methods for evaluating the effectiveness of extended producer responsibility programs.

The commission shall submit its report of the findings and recommendations together with recommendations for legislation to implement those recommendations by filing the same with the executive office of energy and environmental affairs; the department of environmental protection; the department of business development; the joint committee on environment, natural resources and agriculture; and the clerks of the senate and the house no later than 1 year after the passage of this bill.