Budget Amendment ID: FY2017-S4-903-R1

Redraft ENV 903

Plastic Bag Reduction

Mr. Eldridge, Ms. Creem, Messrs. Joyce, Montigny and Pacheco moved that the proposed new text be amended by inserting after section 23 the following section:-

“SECTION 23A. The General Laws are hereby amended by inserting after chapter 21O the following chapter:-

CHAPTER 21P. The Plastic Bag Reduction Act

Section 1. As used in this chapter the following words shall have the following meanings, unless the context clearly requires otherwise:-

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

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

“Reusable grocery bag”, a bag with handles that is specifically designed and manufactured for at least 125 uses and is either: (i) made of cloth or other machine washable fabric; or (ii) made of durable plastic that is at least 3 millimeters thick; or (iii) made of other durable material.

“Single-use carryout bag”, a bag made of plastic, paper or other material 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; provided, however, that a single-use carryout bag does not include the following: (i) a bag provided by a pharmacy to a customer purchasing a prescription medication; (ii) a non-handled 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; (iii) a bag provided to contain an unwrapped food item; or (iv) a non-handled bag that is designed to be placed over articles of clothing on a hanger.

“Store”, a retail establishment with: (i) gross interior space of 3,000 square feet or larger, exclusive of stockroom, office, storage and other space ancillary of a publicly accessible space intended to be frequented by consumers; or (ii) at least 3 locations under the same ownership or brand name within the commonwealth.

Section 2. (a) A store shall not provide a single-use carryout bag to a customer at the point of sale.

(b) A store may make available for purchase at the point of sale a reusable grocery bag or recycled paper bag for a charge of not less than 10 cents.

(c) The department of environmental protection shall promulgate regulations to enforce this chapter.

Section 3. Nothing in this chapter shall preempt further limitation of single-use carryout bags by the commonwealth or any political subdivision of the commonwealth consistent with this chapter; provided, however, that this chapter shall preempt, supersede or nullify any inconsistent, contrary or conflicting state or local law.”; and

by inserting after section 78 the following section:-

“SECTION 78A. Section 23A shall take effect on August 1, 2018.”.