Activity

1/20/2015 Senate Concurred 
1/20/2015 Referred to the Committee on Telecommunications, Utilities and Energy

Beverages Covered

Under the current program beverages in containers of sixteen fluid ounces or more, but less than five gallons are covered, whereas the proposed changes would allow the program to accept beverage containers equal to or greater than four ounces but less than or equal to one hundred and twenty- eight ounces.

Redemption System

• Remains unchanged

Penalties

• No penalties

Summary

HB 2916 would alter the beverage container sizes allowed in the container deposit program. The bill would also create the deposit transaction fund and the water and wastewater infrastructure fund. The funds are to be kept separate from all other revenues and accounts and are to be made up of the refund value placed into the fund by bottlers and distributors for specified beverages.

Activity

1/20/2015 Senate Concurred 
1/20/2015 Referred to Joint Committee on Environment, Natural Resources and Agriculture

Beverages Covered

Current law does not include non-carbonated non-alcoholic beverages, however the proposed law would include non-carbonated and carbonated, alcoholic, and non-alcoholic beverages in the program. Existing accepted beverage types will not be removed from the program.

Redemption System

Repeals language indicating every beverage container sold or offered for sale in the commonwealth shall have a refund value of not less than five cents, this bill also repeals language indicating consumers pay a deposit to a dealer when buying a beverage and will receive the refund when the container is returned.

Penalties

The bill amends provisions regarding penalties to include manufacturers. Current bill language includes bottlers, distributors, redemption centers, or dealers being affected by penalties.

• Penalty amount changed to a civil penalty of not more than $1,000 per violation. Current penalties consist of civil penalties of one hundred dollars for each container or twenty-five thousand dollars for each tender of containers.

Summary

HB 646 aims to establish a program that would increase recycling opportunities at public facilities, including stadiums, arenas, airports, parks, etc. The bill would also create the Municipal Recycling Enhancement Fund; the funds deposited would be managed by the Solid Waste Management Board and would be used for litter prevention and removal programs. The proposed bill also repeals language requiring bottlers and distributors to report transactions affecting the Deposit Transaction Fund each month. HB 646 and HB 2880 are similar to one another barring sunset clauses.

Activity

1/20/2015 Senate Concurred 
1/20/2015 Referred to the Committee on Telecommunications, Utilities and Energy

Beverages Covered

Current law does not include non-carbonated non-alcoholic beverages, however the proposed law would include non-carbonated beverages in the program. Existing accepted beverage types will not be removed from the program based on this bill.

Redemption System

Repeals language indicating every beverage container sold or offered for sale in the commonwealth shall have a refund value of not less than five cents, this bill also repeals language indicating consumers pay a deposit to a dealer when buying a beverage and will receive the refund when the container is returned.

Penalties

The bill amends provisions regarding penalties to include manufacturers. Current bill language includes bottlers, distributors, redemption centers, or dealers being affected by penalties.

• Penalty amount changed to a civil penalty of not more than $1,000 per violation. Current penalties consist of civil penalties of one hundred dollars for each container or twenty-five thousand dollars for each tender of containers.

Summary

HB 2880 aims to establish a program that would increase recycling opportunities at public facilities, including stadiums, arenas, airports, parks, etc. The bill would also create the Municipal Recycling Enhancement Fund; the funds deposited would be managed by the Solid Waste Management Board and would be used for litter prevention and removal programs. The proposed bill also repeals language requiring bottlers and distributors to report transactions affecting the Deposit Transaction Fund each month. HB 646 and HB 2880 are similar to one another barring sunset clauses.

Activity

1/20/2015 Senate Concurred 
1/20/2015 Referred to the Committee on Telecommunications, Utilities and Energy

Beverages Covered

HB 2875 would add non-carbonated non-alcoholic beverages to the program. The bill will not include wine and other alcoholic beverages to the program (other than beer and malt beverages).

Redemption System

Remains unchanged

Penalties

Remains unchanged

Summary

The proposed legislation would give the Secretary of Environmental Affairs the duty of establishing a process to determine the diversion and redemption rates. The secretary’s duty would sunset when the redemption rate is greater or equal to the mean redemption rate of the most recent two-year period.

Activity

1/20/2015 Senate Concurred 
1/20/2015 Referred to Joint Committee on Environment, Natural Resources, and Agriculture

Costs

All administrative, operational, and capital costs (including collection, transportation, recycling, reuse, and disposal) that are associated with the product stewardship programs must be paid by producers.

Penalties

Non-compliance of the provisions set forth within HB 702 will result in the filing of a petition with the Superior Court in order to obtain enforcement of penalties, consisting of a fine not less than $2,500 and not more than $25,000 for each day the violation is outstanding.

Summary

The aim of this proposed bill is to establish product stewardship programs which must be provided free of charge to covered entities when a product is sold or when the discarded products are delivered or collected for reuse, recycling, or disposal. Under this proposed bill, producers would be required to submit a product stewardship plan, including an outreach and education component, to the Department of Environmental Protection.

Activity

4/15/2015 Senate Concurred 
4/15/2015 Referred to the Committee on Telecommunications, Utilities and Energy
10/20/2015 Hearing scheduled for 10/27/2015 from 01:00 PM-05:00 PM in B-1

Beverages Covered

Under the current program beverages included are beer, malt, carbonated soft drinks, and mineral water. Under the proposed law soda water or similar carbonated soft drinks; beer and malt beverages; noncarbonated soft drinks including, but not limited to, mineral water, flavored and unflavored water, spring water, fruit drinks that contain less than 10% juice, sports drinks, and other water beverages; coffee and coffee-based drinks, and all other nonalcoholic carbonated drinks in liquid form intended for human consumption.

Beverage containers will not include paper based biodegradable material and aseptic multi-material packaging.

The secretary of environmental affairs will establish maximum container size.

Deposits and Fees

• Deposit remains unchanged but the secretary of environmental affairs will need to review the refund value every 5 years to determine whether an increase is necessary, dependent on the consumer price index (CPI) – shall not go below 5 cents
• Handling Fee to change from 1 cent to 3 ½ cents 
• Review of handling fee should be conducted every 5 years by the Secretary of energy and environmental affairs (also dependent on CPI)

Redemption System

• Implements licensing requirements for redemption centers to be determined by the executive office of energy and environmental affairs – fees may be required to get licensed.

Penalties

The proposed bill adds language indicating any person, individual, partnership, corporation, or other entity who attempts to receive a refund value or handling fee on beverage containers not bought in the commonwealth will be subject to a civil penalty of the greater of $100/container or $25,000 for each tender of containers. 

Additionally, penalty provisions are also added to target bottlers, distributors, redemption centers or dealers who violate provisions relating to the sell of beverage containers connected to each other by plastic rings or labeling requirements will be subject to an administrative penalty for each violation of not more than $1,000.

Summary

The proposed bill indicates the DEP would be responsible to report on municipal recycling and statewide recycling rates of the preceding year. If the statewide recycling rate falls below the rate for the preceding calendar year, then expansion will become effective on June 30th of the following calendar year. 

It would also require the splitting of unclaimed deposits between a Community Preservation Trust and to a Brownfields Redevelopment Fund.

Activity

4/15/2015 Senate Concurred 
4/15/2015 Referred to the Committee on Telecommunications, Utilities and Energy
10/20/2015 Hearing scheduled for 10/27/2015 from 01:00 PM-05:00 PM in B-1

Beverages Covered

Under the current program beverages included are beer, malt, carbonated soft drinks, and mineral water. 

Under the proposed law added beverages include, non-carbonated non-alcoholic beverages. The bill will not include wine and other alcoholic beverages to the program (other than beer and malt beverages). These changes will take place on July 1, 2024 if the secretary of environmental affairs determines the redemption and diversion rates have equalized.

Deposits and Fees

Remains unchanged

Redemption System

Remains unchanged

Penalties

Remains unchanged

Summary

This proposed bill adds language to define the “redemption rate” in section 321 of Chapter 94 (General Laws). Section 326 is also amended, whereby new duties and responsibilities are given to the Secretary of Environmental Affairs (determining diversion and redemption rate for foregoing year starting in 2019). The secretary’s duty would sunset when the diversion rate is greater or equal to the mean redemption rate of the most recent two-year period.

Defines “Diversion rate” as the per cent rate of empty non-deposit containers which are separated from the waste stream and are intended to be reused or recycled, as determined by the executive office of environmental affairs.

Defines “Redemption rate” as the per cent rate of beverage containers that are redeemed for their deposits, as determined by the executive office of environmental affairs.

Several bills regarding the Massachusetts deposit system were introduced this session:

A bottle bill expansion was also included in budget considerations, but did not make it into the final budget.

Following the budget failure, the Massachusetts Bottle Bill Coalition started a campaign to get the bottle bill update on the 2014 ballot. More information on that initiative can be found on the coalition website.

2013 Massachusetts Bottle Bill Update Campaign

Details

The most significant change to Massachusetts' current deposit-refund law is that noncarbonated beverages are added (excepting dairy, drugs, and infant formula).

The deposit value, which has remained at 5¢ since the law's inception, would be linked to the Consumer Price Index so it could increase with inflation. The same would be done to the handling fee, which is to increase to 3.5¢.

A few other proposed changes:

• The current deposit law excepts containers made of "biodegradable material." In the update, this is revised to "paper-based biodegradable material and aseptic multi-material packaging."
• Adds definitions for "Redemption center," "redemption facility," and "small dealer."
• Makes conditions for a maximum allowable container size
• Establishes a Clean Environment Fund
• Allows small dealers to avoid accepting empty containers.
• Requires signage describing the penalties for fraudulent redemption
• Allows the Department of Environmental Protection to enforce certain regulations and inflict penalties (this is currently only the privilege of the attorney general and district attorneys)

Progress

January 22, 2013: Referred to the committee on Telecommunications, Utilities and Energy

Details

This bill would repeal the Massachusetts deposit-refund law and replace it with several recycling and litter prevention programs funded by a 1¢-per-container fee paid by beverage distributors.

Progress

January 22, 2013 Introduced and Referred to the committee on Environment, Natural Resources and Agriculture

Details

The most significant change that this bill makes to Massachusetts' deposit law is to add all noncarbonated beverages (except dairy and medicines).

Additionally, the bill makes several changes to the current law for clarification purposes. These changes are:

• Adds a category called "small dealer" and allows them to opt out of taking back empty containers if a redemption center is nearby, and they have received permission by the State Executive Office of Energy and Environmental affairs.

Re-establishes the "Clean Environment Fund." used to support recycling, solid waste reduction, and composting programs as well as other environmental programs.

With continued lack of action from legislature on the bill, deposit proponents took preliminary steps to introduce the update as a ballot initiative. However, on September 22, the Campaign for an Updated Bottle Bill announced that they had enlisted the support of a majority of legislators, and would be dropping the ballot initiative.

Progress

February 13, 2011: Introduced

February 15, 2011: Referred to Joint Committee on Telecommunications, Utilities and Energy.

July 20, 2011: Joint Hearing held

Contacts

www.massbottlebill.org
www.facebook.com/BottleBill

Phil Sego
Sierra Club
617-423-5775
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Janet Domenitz
MASSPIRG
617-292-4800
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Jack Clarke
Mass Audubon
617-962-5187
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The 2009-2010 Massachusetts Campaign

Massachusetts lawmakers are studying a potential expansion of the state's 28-year-old beverage container deposit program, which could net $20 million annually to state revenue. Among the changes proposed, the addition of bottled water, juice and sports drink containers to the existing redemption program could result in collecting an additional 1.2 billion containers a year, according to government estimates.

The 2008 Massachusetts Campaign

The 2007 Massachusetts Campaign

August 2007 – Proponents of the update begin their work to pass the required legislation. Supporters are encouraged to contact MASSPIRG or Massachusetts Sierra Club.

August 2007- Hearing date of September 18 postponed. New date not announced as of 8/27/07.

January:2007 Legislation that would update the Bottle Bill was filed by Rep. Douglas Petersen (D-Marblehead) and Rep. Marty Walz (D-Boston). Both of these would update the bottle bill by including "new age" drinks such as non-carbonated beverages, water, iced tea, juice, and sports drinks. These bills were referred to the Joint Committee on Telecommunications and Energy. Other bills that would update the bottle bill have also been filed.

The 2006 Massachusetts Campaign

Aug 21, 2006 - Gubernatorial candidate Deval Patrick ( later elected) issues statement in support of updating the Bottle Bill : “ I support expanding the bottle deposit law to include bottled water, juice and sports drinks. But to avoid an unreasonable burden on small businesses that will have to handle increased volumes and types of containers, these businesses should be allowed to get a fair increase in the handling fee, which should be evaluated periodically to balance all the interests. “

March 2006 - The bill to update Massachusetts' bottle bill was "sent to study" late in the legislative session and was not passed.  [Read the entire press release]

The 2003 Massachusetts Campaign

Resources from the 2003 campaign are scarce, but we do have a few studies and press releases from this year.

• Sen. Nuciforo Introduces Bill to Update Massachusetts Bottle Bill - June 2003
• State Senator Nuciforo Leads Drive to Update the Bottle Bill - May 2003

• Renewing the Massachussets Bottle Bill: onstant Goals, Changing Times [PDF,489kb] June 2003
• Results of the Charles River cleanup [PDF,381 Kb] April 2003

The 1998 Massachusetts Campaign

Our computer records from the 1998 campaign are scarce, but we do have the following study:

Economic & environmental benefits of beverage container recycling: The case for updating Massachusetts' bottle bill [PDF,144kb]