HOUSE DOCKET, NO. 3651        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3277

The Commonwealth of Massachusetts

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PRESENTED BY:

Michelle L. Ciccolo

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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 to encourage plastic bottle recycling.

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PETITION OF:

HOUSE DOCKET, NO. 3651        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3277

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act to encourage plastic bottle recycling.

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.

(a) Between January 1, 2022, and December 31, 2024, inclusive, the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer subject to The Beverage Container Recovery Law, M.G.L. Chapter 94, Sections 321-327, for sale in the Commonwealth of Massachusetts shall, on average, contain no less than 15 percent postconsumer recycled plastic per year.

(B) Between January 1, 2025, and December 31, 2029, inclusive, the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer subject to The Beverage Container Recovery Law, M.G.L. Chapter 94, Sections 321-327, for sale in the Commonwealth of Massachusetts shall, on average, contain no less than 25 percent postconsumer recycled plastic per year.

(C) On and after January 1, 2030, the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer subject to The Beverage Container Recovery Law, M.G.L. Chapter 94, Sections 321-327, for sale in the Commonwealth of Massachusetts shall, on average, contain no less than 50 percent postconsumer recycled plastic per year.

SECTION 2.

(a) On or before March 1 of each year, a manufacturer of a beverage sold in a plastic beverage container subject to The Beverage Container Recovery Law, M.G.L. Chapter 94, Sections 321-327 shall report to the Department of Environmental Protection of the Commonwealth of Massachusetts (hereafter referred to as “the Department”) the amount in pounds and by resin type of virgin plastic and postconsumer recycled plastic used by the manufacturer for plastic beverage containers subject to the The Beverage Container Recovery Law, M.G.L. Chapter 94, Sections 321-327 for sale in the Commonwealth in the previous calendar year. The manufacturer shall submit this information to the Department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the Department.

(b) On or before March 1, 2024, and annually thereafter, a plastic material reclaimer shall report to the Department the amount in pounds and by resin type of empty plastic beverage containers subject to The Beverage Container Recovery Law, M.G.L. Chapter 94, Sections 321-327, that the plastic material reclaimer has collected and sold in the previous calendar year. The report shall specify the amount in pounds and by resin type of empty plastic containers sold in the Commonwealth for beverage processing. The plastic material reclaimer shall submit this information to the Department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the Department.

(c) On or before March 1, 2024, and annually thereafter, a manufacturer of postconsumer recycled plastic shall report to the Department the amount in pounds of food-grade flake, pellet, sheet, fines, or other forms that were sold in the previous calendar year and their capacity to produce food-grade material. The report shall specify the amount in pounds of material that meets beverage manufacturer specifications for bottle-grade material. The report shall include the amount in pounds of food-grade material sold in the state for beverage processing. The manufacturer shall submit this information to the Department under penalty of perjury pursuant to standardized forms in the form and manner prescribed by the Department.

(d) The Department shall post the information reported pursuant to subdivision (a) within 45 days on the Department’s internet website.

(e) This section does not apply to a refillable plastic beverage container.

SECTION 3.

This law shall not apply to rigid plastic containers or rigid plastic bottles that are medical devices, medical products that are required to be sterile, prescription medicine, or packaging used for those products.