SENATE DOCKET, NO. 1738        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 406

The Commonwealth of Massachusetts

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PRESENTED BY:

James B. Eldridge

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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 relative to plastic bag reduction.

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PETITION OF:

SENATE DOCKET, NO. 1738        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 406

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 359 OF 2013-2014.]

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act relative to plastic bag reduction.

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. Chapter 21, as appearing in the Official Edition, is hereby amended by inserting after chapter 21O the following chapter:

CHAPTER   21P: The Plastic Bag Reduction Act

Definitions

(a) “Postconsumer recycled material” means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Postconsumer recycled material does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.

(b) “Recycled paper bag” means a paper bag that is 100 per cent recyclable and displays the words "Reusable" and "Recyclable" in a highly visible manner on the outside of the bag.

(c) “Reusable grocery bag”, a bag with handles that is specifically designed and manufactured for at least 175 uses and is either (1) made of cloth or other machine washable fabric; or (2) made of durable plastic that is at least 3 mils thick; or (3) made of other durable material. 

(d (1) “Single-use carryout bag” means a bag made of plastic, paper, or other material that is provided by a store to a customer at the point of sale and that is not a recycled paper bag or a reusable grocery bag.

(2) A single-use carryout bag does not include either of the following:

(A) A bag provided by a pharmacy to a customer purchasing a prescription medication.

(B) A nonhandled bag used to protect items from damaging or contaminating other purchased items placed in a recycled paper bag, a reusable grocery bag, or a compostable plastic bag.

(C) A bag provided to contain an unwrapped food item.

(D) A nonhandled bag that is designed to be placed over articles of clothing on a hanger.

(e) “Store” means a retail establishment   with gross interior space of 3000 square feet or larger, exclusive of stockroom, office, storage and other space ancilliary of a publicly accessible space intended to be frequented by consumers, or at least three (3) locations under the same ownership or brand name within the Commonwealth.

(f) “Compostable plastic bag”, a plastic bag that is not made of polyethylene, polyethylene terephthalate, polyvinyl chloride, polypropylene or nylon and  (1) conforms to the current ASTM D6400 for compostability; (2) conforms to any other standards deemed acceptable by the commissioner of the Department of Environmental Protection, provided additional, commissioner approved standards conform to the definition of biodegradable as noted herein and are as stringent at ASTM D6400; standards may be amended from time to time.

(g) “Marine degradable plastic bag”, a plastic bag that is not made of polyethylene, polyethylene terephthalate, polyvinyl chloride, polypropylene or nylon and (1) conforms to the current ASTM D7081 standard specification for marine degradability; and (2) conforms to any other standards deemed acceptable by the commissioner of the Department of Environmental Protection, provided additional, commissioner approved standards conform to the definition of biodegradable as noted herein and are as stringent at ASTM D7081; standards may be amended from time to time.

SECTION 2. Single-Use Carryout Bags

(a) Except as provided in this section on and after July 1, 2017, a store shall not provide a single-use carryout bag to a customer at the point of sale.

(b) (1) On and after July 1, 2017, a store may make available for purchase at the point of sale a reusable grocery bag. A store that makes reusable grocery bags available for purchase shall not sell the reusable grocery bag for less than ten cents ($0.10) in order to ensure that the cost of providing a reusable grocery bag is not subsidized by a customer who does not require that bag.

(c) (1) On and after July 1, 2017, a store may make available for purchase a recycled paper bag, for a charge of no less than ten cents ($0.10).

(d) On and after July 1, 2017, a store may sell a compostable plastic bag at the point of sale for a charge of no less than $0.10.

(e) On and after July 1, 2021, a store may not sell or distribute a compostable plastic bag at the point of sale, but may sell a marine degradable plastic bag at the point of sale for a charge of no less than $0.10.

SECTION 3.

All moneys collected pursuant to this article shall be retained by the store.

SECTION 4.

The Department of Environmental Protection shall promulgate regulations with regard to the enforcement of this chapter.

SECTION 5.

(a) Except as provided in subdivision (c), this chapter is a matter of statewide interest and concern and is applicable uniformly throughout the state. Accordingly, this chapter occupies the whole field of regulation of reusable grocery bags, single-use carryout bags, and recycled paper bags, as defined in this chapter, provided by a store, as defined in this chapter.

(b) On and after January 1, 2017, a city, county, or other local public agency shall not enforce, or otherwise implement, an ordinance, resolution, regulation, or rule, or any amendment thereto, adopted on or after September 1, 2016, relating to reusable grocery bags, single-use carryout bags, or recycled paper bags, against a store, as defined in this chapter, unless expressly authorized by this chapter.

(c) (1) A city, county, or other local public agency that has adopted, before September 1, 2016, an ordinance, resolution, regulation, or rule relating to reusable grocery bags, single-use carryout bags, or recycled paper bags may continue to enforce and implement that ordinance, resolution, regulation, or rule that was in effect before that date. Any amendments to that ordinance, resolution, regulation, or rule on or after January 1, 2017, shall be subject to subdivision (b), except the city, county, or other local public agency may repeal an ordinance, resolution, regulation, or rule so as to be in line solely with this chapter.