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HOUSE DOCKET, NO. 94375        FILED ON: 11/30/2009

HOUSE  .   .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4375


The Commonwealth of Massachusetts


By Mr. Straus of Mattapoisett , for the committee on Environment, Natural Resources and Agriculture , on House, No. 824 , a Bill to require recycling in public buildings (House, No. 43 7 5 ) .  November 30, 2009.








William M. Straus

10th Bristol

The Commonwealth of Massachusetts


In the Year Two Thousand and Nine





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

                                    Chapter 21A of the General Laws, as appearing in the 2004

Official Edition, is hereby amended by inserting after section 20 the following new section:—


Section 21. (a) As used in this section the following words 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.

“Leading by Example”, the Leading by Example Program within the executive office of energy and environmental affairs.

“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.

“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, 2011, 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 Leading by Example Program shall establish a waste generation and recycling reporting system to be used by 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 energy and environmental affairs may promulgate rules and regulations regarding this act.

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