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HOUSE DOCKET, NO. 263         FILED ON: 1/13/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 890

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Alice K. Wolf

_______________

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 updating the bottle bill.

_______________

PETITION OF:

 

Name:

District/Address:

Alice K. Wolf

25th Middlesex

Cynthia S. Creem

 

Frank I. Smizik

15th Norfolk

Jonathan Hecht

29th Middlesex

Lori A. Ehrlich

8th Essex

Edward F. Coppinger

10th Suffolk

Carl M. Sciortino, Jr.

34th Middlesex

Jennifer E. Benson

37th Middlesex

William Smitty Pignatelli

4th Berkshire

Timothy R. Madden

Barnstable, Dukes and Nantucket

Cory Atkins

14th Middlesex

Sarah K. Peake

4th Barnstable

Cheryl A. Coakley-Rivera

10th Hampden

Jason M. Lewis

31st Middlesex

William N. Brownsberger

 

Thomas P. Conroy

13th Middlesex

Carolyn C. Dykema

8th Middlesex

Cleon H. Turner

1st Barnstable

David Paul Linsky

5th Middlesex

Denise Provost

27th Middlesex

Jay R. Kaufman

15th Middlesex

William M. Straus

10th Bristol

Gloria L. Fox

7th Suffolk

Tom Sannicandro

7th Middlesex

Robert M. Koczera

11th Bristol

Harriett L. Stanley

2nd Essex

Kay Khan

11th Middlesex

Theodore C. Speliotis

13th Essex

John W. Scibak

2nd Hampshire

Sean Garballey

23rd Middlesex

Stephen Kulik

1st Franklin

Martha M. Walz

8th Suffolk

Ruth B. Balser

12th Middlesex

Paul Brodeur

32nd Middlesex

Geraldine M. Creedon

11th Plymouth

Elizabeth A. Malia

11th Suffolk

Peter V. Kocot

1st Hampshire

Christine E. Canavan

10th Plymouth

Michael F. Rush

Suffolk and Norfolk

Thomas P. Kennedy

 

Jeffrey Sánchez

15th Suffolk

Daniel B. Winslow

9th Norfolk

Patricia D. Jehlen

 

Alice Hanlon Peisch

14th Norfolk

Thomas J. Calter

12th Plymouth

Timothy J. Toomey, Jr.

26th Middlesex

James B. Eldridge

 

Denise Andrews

2nd Franklin

Kate Hogan

3rd Middlesex

Walter F. Timilty

7th Norfolk

Christopher N. Speranzo

3rd Berkshire

Carlo Basile

1st Suffolk

Thomas M. Stanley

9th Middlesex

Byron Rushing

9th Suffolk

John V. Fernandes

10th Worcester

Gailanne M. Cariddi

1st Berkshire

James J. O'Day

14th Worcester

Denise C. Garlick

13th Norfolk

Ellen Story

3rd Hampshire

Geraldo Alicea

6th Worcester

Chris Walsh

6th Middlesex

Brian M. Ashe

2nd Hampden

Stephen Stat Smith

28th Middlesex

Carlos Henriquez

5th Suffolk

Paul McMurtry

11th Norfolk

Mayor Thomas M. Menino

One City Hall Square, Suite 500
Boston, MA 02201-2013


HOUSE DOCKET, NO. 263        FILED ON: 1/13/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 890

By Ms. Wolf of Cambridge, a petition (accompanied by bill, House, No. 890) of Alice K. Wolf and others relative to further regulating  recycling rates and expanding the bottle bill, so-called.  Telecommunications, Utilities and Energy. 

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3515 OF 2009-2010.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act updating the bottle bill.
 

              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. Section 321 of chapter 94 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the words “carbonated soft drinks”, in line 4, the following words:- 

                   “noncarbonated beverages including mineral water, flavored and unflavored water, vitamin water, and other water beverages, tea, sports drinks, isotonic drinks; and all other non-alcoholic carbonated and noncarbonated drinks in liquid form intended for human consumption, except milk and beverages that are primarily derived from dairy products, infant formula, and FDA-approved medicines.”

              SECTION 2 - Paragraph 3 of said section 321 of said chapter 94, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:-

                   This definition shall not include containers made of paper-based biodegradable material and aseptic multi-material packaging.

              SECTION 3. Said section 321 of said chapter 94, as so appearing, is hereby further amended by inserting after the definition of “Plastic bottle” the following definition:-

                   “Redemption center”, any business whose primary purpose is the redemption of beverage containers and is not ancillary to any other business,

              SECTION 4. Said section 321 of said chapter 94, as so appearing, is hereby further amended by inserting after the definition of “Reusable beverage container” the following definition:-

                   “Small dealer”, any person or business, including any operator of a vending machine, who engages in the sale of beverages in beverage containers to consumers in the commonwealth, whose operating premises are less than 4000 square feet.

              SECTION 5. Section 323 of said chapter 94, as so appearing, is hereby amended by inserting before the first sentence of paragraph (e) the following sentence:-

                   The executive office of environmental affairs shall promulgate rules and regulations for the licensure of redemption centers, and may set fees for the licensing of such redemption centers.

              SECTION 6. Paragraph (c) of said section 323 of said chapter 94 of the General Laws, as so appearing, is hereby amended by striking out the words “one cent” and inserting in place thereof the words “three and one quarter cents” and by adding the following sentence:-

                   The handling fee shall be reviewed semi-annually by the secretary of the executive office of energy and environmental affairs and adjustments made to reflect increases in costs incurred by redemption facilities.

              SECTION 7. Paragraph (d) of said section 323 of said chapter 94, as so appearing, is hereby amended by striking out the words “one cent” and inserting in place thereof the words “three and one quarter cents” and by adding the following sentence:-

                   The handling fee shall be reviewed semi-annually by the secretary of the executive office of energy and environmental affairs and adjustments made to reflect increases in costs incurred by redemption facilities.

              SECTION 8. Said section 323 of said chapter 94, as so appearing, is hereby further amended by inserting after the word “civil”, in line 73, the words “or administrative”.

              SECTION 9. Said chapter 94 is hereby further amended by inserting after section 323E the following section:-

                   Section 323F.  (a) There shall be established on the books of the commonwealth a separate fund to be known as the Clean Environment Fund.  Amounts to be deposited in said Fund shall be used, subject to appropriation, solely for programs and projects supporting the proper management of solid waste, water resource protection, parkland, urban forestry, air quality and climate protection; provided, however, that no funds shall be used for costs associated with incineration.

                   (b) Not less than fifty percent of amounts deposited in the Fund shall be used for recycling, composting and solid waste source reduction projects and programs.

                   (c) Not less than an additional twenty percent of amounts deposited in the Fund shall be used for recycling and other solid waste projects and programs.

                   (d) Not more than thirty percent of amounts deposited in the fund shall be used for other environmental programs consistent with the purposes of the "bottle bill'', so-called.

              SECTION 10: Notwithstanding any general or special law to the contrary, the secretary of the executive office of energy and environmental affairs shall, on or before January 1, 2012, promulgate regulations providing small dealers as defined herein with the ability to seek exemptions from accepting empty deposit containers. Said regulations shall consider at least the health and safety of the public; the convenience for the public, including standards governing distribution of centers by population or by distance or both, the size and storage capacity of the dealer(s) to be served by the redemption center and the size and storage capacity of the redemption center. The order approving a local redemption center license must state the dealers to be served and the kinds, sizes and brand names of empty beverage containers that the center accepts.

              SECTION 11. Section 327 of said chapter 94 of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph the following paragraphs:—

                   The department of environmental protection may enforce the provisions of section 321; paragraphs (a) through (f), inclusive, of section 322; paragraph (i) of section 323; section 323A; section 323F; section 324 and section 325. Any bottler, distributor, redemption center, or dealer who violates any of the foregoing provisions shall be subject to an administrative penalty for each violation of not more than $1,000.

                   The department of revenue may enforce the provisions of paragraphs (g) and (h) of section 323 and sections 323B to 323E, inclusive. Any bottler, distributor, redemption center, or dealer who violates any of the foregoing provisions shall be subject to an administrative penalty for each violation of not more than $1,000.

              SECTION 12. Said section 327 of said chapter 94 of the General Laws, as so appearing, is hereby further amended by inserting after the word “civil”, in line 14, the words “or administrative”.

              SECTION 13. This act shall take effect on December 1, 2012.

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