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SENATE DOCKET, NO. 1126        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 398


The Commonwealth of Massachusetts



Michael F. Rush


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 require recycling in public buildings.






Michael F. Rush

Norfolk and Suffolk

Martin J. Walsh

13th Suffolk

Kathi-Anne Reinstein

16th Suffolk

Sal N. DiDomenico

Middlesex and Suffolk

Christopher G. Fallon

33rd Middlesex

Jonathan Hecht

29th Middlesex

Karen E. Spilka

Second Middlesex and Norfolk

Michael Barrett

Third Middlesex

Denise Andrews

2nd Franklin

Denise Provost

27th Middlesex

Tom Sannicandro

7th Middlesex

Michael R. Knapik

Second Hampden and Hampshire

Cory Atkins

14th Middlesex

James B. Eldridge

Middlesex and Worcester

Carolyn C. Dykema

8th Middlesex

Bruce E. Tarr

First Essex and Middlesex

SENATE DOCKET, NO. 1126        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 398

By Mr. Rush, a petition (accompanied by bill, Senate, No. 398) of Michael F. Rush, Martin J. Walsh, Kathi-Anne Reinstein, Sal N. DiDomenico and other members of the General Court for legislation relative to requiring recycling in state buildings.  Environment, Natural Resources and Agriculture. 


SEE SENATE, NO. 379 OF 2011-2012.]


The Commonwealth of Massachusetts



In the Year Two Thousand Thirteen



An Act to require recycling in public buildings.


              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 21A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 23 the following new section:—

              Section 24. (a) As used in this section the following words, unlessthe context clearly requires otherwise, shall have the following meanings:—

              “Agency”, any state agency, state authority, state higher education facility or state office.

              “Cathode ray tubes”, any intact, broken, or processed glass tube used to provide the visual display in televisions, computer monitors and certain scientific instruments such as oscilloscopes.

              “Court”, any trial court department, appeals court and the supreme judicial court.

              “Construction and demolition”, asphalt pavement, brick, wood, metal and concrete from construction activities and demolition of buildings, roads and bridges and similar sources.

              “Glass Containers”, glass bottles and jars (soda-lime glass) but excluding light bulbs, Pyrex cookware, plate glass, drinking glasses, windows, windshields and ceramics.

              “Fluorescent lamp”, an electric lamp to which the manufacturer intentionally introduces mercury for the operation of the lamp, including , but not limited to fluorescent, compact fluorescent, black lights, high intensity discharge lamps, ultraviolet lamps and neon lamps.

              “Lead Batteries”, lead-acid batteries used in motor vehicles or stationary applications.

              “Metal Containers”, aluminum, steel or bi-metal beverage and food containers.

              “Recyclable paper”, all paper, corrugated cardboard, and paperboard products, except tissue paper, toweling, paper plates and cups, wax-coated corrugated cardboard, and other low-grade paper products.

              “Single polymer plastics”, all narrow-neck plastic containers where the diameter of the mouth of the container is less than the diameter of the body of the container. This includes single polymer plastic containers labeled 1-6.

              “State Sustainability Program”, State Sustainability Program within executive office of environmental affairs.

              “Tires”, a continuous solid or pneumatic rubber covering intended for use on a motor vehicle.

              “White goods”, appliances employing electricity, oil, natural gas or liquefied petroleum gas to preserve or cook food; wash or dry clothing, cooking or kitchen utensils or related items; or to cool or to heat air or water, including, but not limited to, refrigerators, freezers, air conditioners, water coolers, dishwashers, clothes washers, clothes dryers, gas or electric ovens and ranges, and hot water heaters. White goods do not include microwave ovens.

              “Yard Waste”, deciduous and coniferous seasonal depositions, such as leaves, grass clippings, weeds, hedge clippings, garden materials, and brush 1 (one) inch or less in diameter (excluding diseased plants).

              (b) By January 1, 2014, every agency and court, individually or in conjunction with other agencies or courts and the General Court, shall recycle the following materials: lead batteries, metal containers, glass containers, single polymer plastics, recyclable paper, yard waste, tires, white goods, fluorescent lamps, cathode ray tubes or the product that contains the cathode ray tube and construction and demolition material.

              (c) The State Sustainability Program shall provide recycling guidance to establish and implement a waste generation and recyclable material generation reporting system for agencies, courts and the General Court. Agencies and courts with more than 50

              employees located in a state owned building and the General Court shall be required to submit said reports. In the event an

              agency or court is located in a facility where the waste management is handled by another agency or court, the agency or court

              responsible for waste management shall be responsible for submitting said reports. Said reports shall, where feasible, include, but

              not be limited to the following:

              (1) Tonnage of solid waste generated by the agency, court or General Court; and

              (2) Tonnage of waste recycled by agency, court or General Court; and

              (3) A breakdown of the tonnage of materials in subsection (b).

              Said reports shall be submitted to the State Sustainability Program at least annually.

              (d) Every lease agreement entered into by an agency or court after the effective date of this section shall contain a provision that requires recycling pursuant to the terms of this act, and, where feasible, requires the landlord to report on agency or court waste generation and recycling data pursuant to section (c) of this act.

              (e) The executive office of environmental affairs may promulgate rules and regulations regarding this act.

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