Massachusetts 2014 bill text
S 379
The following text was found at https://malegislature.gov/Bills/188/Senate/S379
SECTION 1. PURPOSE: An economically sound and environmentally progressive solid waste management strategy includes components of conservation, source reduction, reuse, recycling and litter control. Businesses, consumers, and governments share responsibility for managing solid waste and all must cooperate in developing and maintaining the best programs to manage solid waste effectively and efficiently. These statutory changes are necessary to ensure effective solid waste management recovery systems in the Commonwealth including expanded access to and participation in comprehensive recycling programs at home, in public places, and in commercial settings; better recycling promotion and education efforts; incentives for households and businesses to recycle more of their solid waste; and development of comprehensive litter prevention and control programs.
SECTION 2. Chapter 21H of the General Laws is hereby amended by inserting after section 7 the following section:-
Section 7A. The Department shall establish a program to increase recycling opportunities at public facilities visited by at least five thousand individuals annually including, but not limited to, stadiums, arenas, marinas, airports, theaters, and parks. The Department shall work with MassPort, the Massachusetts Cultural Council, the State Racing Commission, the Bureau of State Office Buildings and other entities in order to establish a program. The Department shall file a report on the program annually with the Joint Committee on Environment, Natural Resources and Agriculture, the Joint Committee on Telecommunications, Utilities and Energy, and the House and Senate Committees on Ways and Means on or before December thirty-first of each year. The report shall contain, but not be limited to, activities promoting recycling at public facilities visited by at least five thousand individuals annually.
SECTION 3. Section 33 of chapter 92 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:-
The division shall include the provision of recycling opportunities into all new designs and redesigns of reservations and shall establish a program to increase recycling opportunities in all reservations located within the urban parks district. The division shall file an annual report on activities promoting recycling with the Joint Committee on Environment, Natural Resources and Agriculture, the Joint Committee on Telecommunications, Utilities and Energy, and the House and Senate Committees on Ways and Means on or before December thirty-first of each year.
SECTION 4. Effective July 1, 2013, Chapter 94 of the General Laws is hereby amended by inserting after section 323 the following section:-
Section 323G. Municipal Recycling Enhancement Fund.
(a) There shall be established on the books of the Commonwealth a separate fund to be known as the Municipal Recycling Enhancement Fund (the “Fund”). Amounts deposited in said fund shall be used, subject to appropriation, for programs described in paragraphs (c) and (d) of this section.
(b) The Fund shall be governed by the Solid Waste Management Board (the “Board”). The members of the Board shall consist of eleven persons appointed by the Governor including: the Secretary of Environmental Affairs, five distributor/wholesaler representatives subject to the recycling fee pursuant to Section 323H of Chapter 94, two representatives of the solid waste management and recycling industries, two representatives of statewide environmental organizations, and one representative of organized labor.
(c) Not more than eighty percent of amounts deposited in the Fund shall be used for recycling collection programs including, but not limited to, municipal performance-based incentive grants;
unit-based pricing programs; implementation of single-stream collection programs; municipal grants for recycling equipment and technical assistance; private sector grants to qualified redemption centers in order to develop innovative materials collection operations; and recycling media and education campaigns. Funds shall be distributed through a combination of population-based and merit-based formulas based on the recommendations of the Board.
(d) Not more than twenty percent of amounts deposited in the fund shall be used for litter prevention and removal programs including, but not limited to, a state grant program for litter pickup and removal; litter education programs for the public and for schools; increased access to recycling in public spaces; research relating to litter control; and enforcement of litter related laws in state/municipal-owned places and areas that are accessible to the public. Funds shall be distributed through a combination of population-based and merit-based formulas based on the recommendations of the Board.
(e) The Board shall work with the Department to develop best practices and standards to use as criteria for awarding grants and other funding for recycling and litter control programs.
(f) The Board shall submit to the Secretary of Administration and Finance, the House and Senate Committees on Ways and Means, the Joint Committee on Telecommunications, Utilities and Energy, and the Joint Committee on Environment, Natural Resources and Agriculture an annual report of its activities and an evaluation of any and all programs entered into during the course of the fiscal year.
SECTION 5. Section 323D of said chapter 94, as so appearing, is hereby amended by inserting at the end thereof the following sentence:-
Effective July 1, 2013, 50% of amounts collected by the commissioner of revenue pursuant to this section shall be deposited in the Municipal Recycling Enhancement Fund established pursuant to section 323G.
SECTION 6. Said chapter 94 is hereby further amended by inserting after section 323F the following section:-
323H. Assessment.
(a) Beginning July 1, 2014 all beverages in beverage containers sold in the Commonwealth shall be subject to a 1¢ recycling fee.
(b) The recycling fee shall be levied on the sale of beverages in beverage containers by a distributor/wholesaler. Beverage containers sold for consumption outside of the Commonwealth are exempt from the fee.
(c) The Commissioner of Revenue (“commissioner”) shall develop implementing regulations for the collection and deposit of the recycling fee into the Fund including procedures for identifying and registering distributor/wholesalers subject to the fee and for quarterly payment of the fee by distributor/wholesalers. The commissioner shall also develop an annual payment procedure to reduce the administrative burden on smaller distributor/wholesalers. The commissioner shall prepare an annual report at the conclusion of each fiscal year listing registered distributor/wholesalers and reporting total Fund collections. Payment amounts from individual distributor/wholesalers shall be considered confidential business information and not disclosed by the Commissioner except in conjunction with audits conducted under (d).
(d) The Commissioner shall coordinate periodic audits of distributor/wholesalers to ensure that appropriate records exist to document fee payments and that all distributor/wholesalers subject to the fee are paying in to the Fund.
SECTION 7. Said chapter 94 is hereby further amended by striking out section 321 and inserting in place thereof the following section:-
Section 321. DEFINITIONS. The following definitions shall, unless the context clearly requires otherwise, have the following meaning:
“Beverage,” carbonated, noncarbonated-alcoholic and noncarbonated-nonalcoholic drinks intended for human consumption except milk and dairy derived products, infant formula, or medical food.
“Beverage container,” any sealable bottle, can, jar, or carton, which is primarily composed of glass, metal, plastic, paper, or any combination of those materials, has a capacity of 4 liters or less, and is produced for purpose of containing a beverage.
“Carbonated beverage,” soda water or similar carbonated soft drinks, mineral water, and beer and other malt beverages intended for human consumption.
“Dealer,” any person including any operator of a vending machine, who sells, offers to sell or engages in the sale of beverages in beverage containers to consumers in the state.
“Distributor/wholesaler,” any person who engages in the sale of beverages in beverage containers directly to dealers in the state, including any manufacturer who engages in such sales.
“Infant formula,” any liquid food described or sold as an alternative for human milk for the feeding of infants.
“Manufacturer,” any person who bottles, cans, or otherwise places beverages in beverage containers for sale to a distributor/wholesaler or dealer.
“Medical food,” a food or beverage that is formulated to be consumed, or administered enterally under the supervision of a physician, and that is intended for specific dietary management of diseases or health conditions for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation. A “medical food” is a specially formulated and processed product, for the partial or exclusive feeding of a patient by means of oral intake or enteral feeding by tube, and is not a naturally occurring foodstuff used in its natural state. “Medical food” includes any product that meets the definition of “medical food” in the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec.360ee (b)(3)).
“Noncarbonated-alcoholic beverage,” any liquid intended for human consumption and containing one-half of one percent or more of alcohol by volume at sixty degrees Fahrenheit, including wine and wine-based drinks, spirits and spirit-based drinks and hard cider.
“Noncarbonated-nonalcoholic beverage,” fruit and vegetable juices, still, flavored, and enhanced waters, iced tea, sports drinks, and other noncarbonated drinks intended for human consumption, except for milk and dairy derived products, infant formula, or medical food.
“Sales within the state,” within the exterior limits of the state of Massachusetts and includes all territory within these limits owned by or ceded to the United States of America.
SECTION 8. Section 322, 323 and 323B of said chapter 94 of the General Laws are hereby repealed.
SECTION 9. Said chapter 94 is hereby further amended by striking out section 323C and inserting in place thereof the following section:-
Section 323C. Abandoned deposit amounts; determination.
Any amounts that are or should be in a bottler’s or distributor’s Deposit Transaction Fund and that are in excess of the sum of (a) income earned on amounts in said account and (b) the total amount of refund values received by said bottler or distributor for non-reusable beverage containers shall be deemed to constitute abandoned deposit amounts. Income earned on said fund may be transferred from said fund for use as funds of the bottler or distributor.
SECTION 10. Said chapter 94 is hereby further amended by striking out section 323D and inserting in place thereof the following section:-
Section 323D. Transfer of abandoned deposit amounts.
Each bottler or distributor shall turn over to the commissioner of revenue any deposit amounts deemed to be abandoned, pursuant to section three hundred and twenty-three C. Such amounts may be paid from the Deposit Transaction Fund. Amounts collected by the commissioner of revenue pursuant to this section shall be deposited into the Municipal Recycling Enhancement Fund, established pursuant to section three hundred and twenty-three G.
SECTION 11. Section 323E and 325 of said chapter 94 of the General Laws are hereby repealed.
SECTION 12. Said chapter 94 is hereby further amended by striking out section 326 and inserting in place thereof the following section:-
Section 326. Administration; rules and regulations.
(a) The Secretary of the Executive Office of Energy and Environmental Affairs shall administer the provisions of sections three hundred and twenty-one, three hundred and twenty-three G (b) through (f), and three hundred and twenty-four. Said Secretary shall promulgate and from time to time revise rules and regulations to effectuate the purposes of said sections. Said Secretary shall determine through rules and regulations which plastic bottles and rigid plastic containers may be exempt from the labeling requirements of section three hundred and twenty-three A, including but not limited to the following: (1) readily identifiable plastic bottles and rigid plastic containers; (2) plastic bottles and rigid plastic containers for which there is no technological capability for recycling, reclamation or reuse; and (3) plastic bottles and rigid plastic containers for which recycling, reclamation or reuse is not economically feasible.
(b) The Commissioner of the Department of Revenue shall administer the provisions of sections three hundred and twenty-three C, three hundred and twenty-three D, three hundred and twenty-three G (a), and three hundred and twenty-three H. The collection of revenues pursuant to sections three hundred and twenty-three D and three hundred and twenty-three H by said commissioner shall, to the extent consistent with this chapter, be governed by the provisions of chapter sixty-two C. The Commissioner of the Department of Revenue shall promulgate and from time to time revise rules and regulations to effectuate the purposes of said sections.
SECTION 13. Said chapter 94 is hereby further amended by striking out section 327 and inserting in place thereof the following section:-
Section 327. Enforcement; penalty; interest.
The Attorney General and District Attorneys shall enforce the provisions of sections three hundred and twenty-one to three hundred and twenty-seven, inclusive. Any manufacturer, wholesaler, distributor, or dealer who knowingly violates any provisions of sections three hundred and twenty-one to three hundred and twenty-six, inclusive, shall be subject to a civil penalty for each violation of not more than one thousand dollars.
Any manufacturer, wholesaler, distributor, or retailer failing to make full and timely payments as required by section three hundred and twenty-three H shall pay interest on any unpaid amounts at the rate of one and one-half percent for each month or part thereof until payment is made in full.
SECTION 14. Sections 7 to 13 shall take effect on July 1, 2014.
H3848
The following text was found at https://malegislature.gov/Bills/188/House/H3848
SECTION 1. Section 321 of chapter 94 of the General Laws is hereby amended by deleting the definition of “Beverage” and replacing it with the following definition:-
"Beverage", soda water or similar carbonated soft drinks, noncarbonated non-alcoholic beverages in liquid form intended for human consumption, mineral water, beer, and other malt beverages. This definition excludes beverages that are primarily derived from dairy products, infant formula, united states food and drug administration-approved medicines, wine, and alcoholic beverages other than beer and malt beverages as defined in chapter one hundred and thirty-eight.
SECTION 2. Paragraph 3 of said section 321 of said chapter 94 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-layer packaging.
SECTION 3. Said section 321 of said chapter 94 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 which is not ancillary to any other business.
SECTION 4. Said section 321 of said chapter 94 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, with a contiguous retail space of 3,000 square feet or less, exclusive of office and stock room space; and fewer than four (4) locations under the same ownership within the Commonwealth.
SECTION 5. Section 322 of said chapter 94 is hereby amended by inserting after said section the following section:-
Section 322A: The secretary of the executive office of energy and environmental affairs shall review the refund value as referenced in section 322 every five (5) years and adjust said amount to the nearest whole cent to reflect the consumer price index as reported by the united states department of labor, but in no case shall the refund value be less than five (5) cents.
SECTION 6. Paragraph (c) of said section 323 of said chapter 94 of the General Laws is hereby amended by striking out the words “one cent” and inserting in place thereof the words “three and one half cents” and by adding the following sentence:-
The handling fee shall be reviewed every five (5) years by the secretary of the executive office of energy and environmental affairs and adjustments made to reflect the consumer price index as reported by the united states department of labor, or equivalent index selected by the secretary if the consumer price index is discontinued, as well as industry-specific increases or decreases in costs incurred by redemption centers.
SECTION 7. Paragraph (d) of said section 323 of said chapter 94 is hereby amended by striking out the words “one cent” and inserting in place thereof the words “three and one half cents” and by adding the following sentence:-
The handling fee shall be reviewed every five (5) years by the secretary of the executive office of energy and environmental affairs and adjustments made to reflect the consumer price index as reported by the united states department of labor, or equivalent index selected by the secretary if the consumer price index is discontinued, as well as industry-specific increases or decreases in costs incurred by redemption centers.
SECTION 8. Paragraph (f) of said section 323 of said chapter 94 is hereby amended by changing the period at the end of the current paragraph into a comma, and adding the words "or for which there is no Massachusetts refund legend on the beverage container."
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. All abandoned deposits collected pursuant to chapter 94, section 323D shall be deposited into the clean environment fund. Amounts deposited in said fund shall be used, subject to appropriation, for programs including but not limited to projects supporting the proper management of solid waste, water resource protection, parkland, urban forestry, air quality and climate protection.
SECTION 10. Paragraph (b) of said section 323 of said chapter 94 is hereby amended by inserting the following words after the current paragraph:- Notwithstanding any general or special law to the contrary, the secretary of the executive office of energy and environmental affairs shall, on or before June 22, 2015, promulgate regulations providing small dealers with the right to seek exemptions from accepting empty deposit containers. Said regulations shall consider at least the health and safety of the public, and the convenience for the public, including distribution of dealers and redemption centers by population or by distance or both.
SECTION 11. This act shall take effect on April 22, 2015.
H4317
The following text was found at https://malegislature.gov/Bills/188/House/H4317
SECTION 1. Chapter 16 of the General Laws, as appearing in the 2012 Official Edition, are hereby amended by inserting after section 21, the following sections:-
SECTION 21A. The department shall establish performance standards for municipal solid waste reduction on the basis of pounds per resident served of solid waste generated for disposal. Cities and towns shall report to the department no later than September 1 of each year the total weight of solid waste generated for disposal through said city or town’s solid waste program during the prior fiscal year, as well as the number of households and residents believed to participate in said program. The department shall issue a report for all municipal solid waste programs no later than December 1 of that year which provides per resident served solid waste disposal statistics for all municipal solid waste programs. Said report may disaggregate solid waste tonnage information to highlight categories of waste, including waste that is beyond the ability of a city or town to control, such as waste from natural disasters. The department may establish such reasonable rules and regulations consistent with this section as may be necessary to carry out the administration thereof.
SECTION 21B. The Secretary of Energy and Environmental Affairs, in consultation with the Department of Environmental Protection and the Department of Energy Resources, shall develop a Municipal Solid Waste Standards Action Plan to assist municipalities in achieving the standards set forth under section 21A. The Secretary shall review the effectiveness of existing recycling programs and other incentives available to achieve said standards and shall provide any recommendation, including but not limited to, potential regulatory and statutory changes, changes to the plan developed under section 21, changes to any plan developed under chapter 21N, or recommended changes to the green communities program administered by the department of energy resources. The Secretary shall consult with the Solid Waste Advisory Committee in developing said plan.
SECTION 2. Chapter 94 of the General Laws, as so appearing, is hereby amended by striking section 321 and inserting in place thereof the following section:-
Section 321. In sections 321 to 327, inclusive, the following definitions shall, unless the context clearly requires otherwise, have the following meaning:-
“Beverage”, soda water or other similar carbonated soft drinks, mineral water, water beverages, and beer and other malt beverages, but shall not include alcoholic beverages other than beer and malt beverages as defined in chapter 138, dairy products, natural fruit juices or wine;
“Beverage container”, any sealable bottle, can jar, or carton which is primarily composed of glass, metal, plastic or any combination of those materials and is produced for the purpose of containing a beverage. This definition shall not include containers (i) 3 liters or more in size; or (ii) made of paper-based biodegradable material, aseptic multi-material packaging, and other biodegradeable materials as determined by the department of environmental protection.
“Bottler,” any person filling beverage containers for sale to distributors or dealers, including dealers who bottle or sell their own brand of beverage.
“Consumer”, any person who purchases a beverage in a beverage container for use or consumption with no intent to resell such beverage.
“Dealer”, any person, including any operator of a vending machine, who engages in the sale of beverages in beverage containers to consumers in the commonwealth.
“Distributor”, any person who engages in the sale of beverages in beverage containers to dealers in the commonwealth including any bottler who engages in such sales.
“Label”, a molded imprint or raised symbol on or near the bottom of a plastic product.
“Plastic”, any material made of polymeric organic compounds and additives that can be shaped by flow.
“Plastic bottle”, a plastic container that has a neck that is smaller than the body of the container, accepts a screwtype, snap cap, or other closure and has a capacity of 16 fluid ounces or more, but less than 5 gallons.
“Redemption Center”, any business whose primary purpose is the redemption of beverage containers and which is not ancillary to any other business,
“Reusable beverage container”, any beverage container so constructed and designed that it is structurally capable of being refilled and resold by a bottler at least 10 times after its initial use.
“Rigid plastic container”, any formed or molded container; other than a bottle, intended for single use, composed predominantly of plastic resin and having a relatively inflexible finite shape or form with a capacity of 8 ounces or more but less than 5 gallons
“Transition Date”, means the first day of May on the first year following 2 consecutive calendar years during which the total solid waste generated in the commonwealth for disposal is less than 3,275,000 tons of disposal per calendar year as determined by the department of environmental protection.
“Water beverage”, means water, including flavored water, nutritionally enhanced water and any beverage that is identified through the use of letters, words or symbols on such beverage's product label as a type of water.
SECTION 3. Subsection (e) of section 323 of said chapter 94, as so appearing is hereby amended by adding the following sentence:- The executive office of energy and environmental affairs shall promulgate rules and regulations for the licensure of redemption centers, and may set fees for such licensing.
SECTION 4. Said section 323 of said chapter 94, as so appearing, is hereby further amended by inserting after the word “civil”, in line 73, the following words:- or administrative
SECTON 5. Subsection (i) of section 323 of said chapter 94, as so appearing, is hereby further amended by inserting, at the end thereof, the following sentence:-
At each location where persons tender containers for redemption, dealers and redemption centers shall clearly and conspicuously display a sign, in such form and manner as prescribed in regulations promulgated by the secretary of energy and environmental affairs, that notifies persons that they shall be subject to civil penalties as set forth under section 327 for violating provisions of this subsection.
SECTION 6. Chapter 94, as so appearing, is hereby further amended by striking section 323C and inserting in place thereof the following section:-
Section 323C. At the end of each month, 90 per cent of any amounts that are or should be in a bottler’s or distributor’s Deposit Transaction Fund and that are in excess of the sum of (a) income earned on amounts in said account during that month and (b) the total amount of refund values received by said bottler or distributor for non-reusable beverage containers during that month and the two preceding months shall be deemed to constitute abandoned deposit amounts. Income earned on said fund and the remaining 10 per cent of any amounts that are or should be in a bottle’s or distributor’s said fund may be transferred from said fund for use as funds of the bottler or distributor.
SECTION 7. Said chapter 94 is hereby further amended by inserting after section 323E the following sections:-
Section 323F. 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, for programs including but not limited to (i) projects supporting the proper management of solid waste, water resource protection, parkland, urban forestry, air quality and climate protection; (ii) projects supporting reductions in the total solid waste generated in the commonwealth for disposal; and (iii) projects achieving the standards set forth under section 21A of chapter 16; provided, however, that no funds shall be used for costs associated with incineration.
Section 323G. Notwithstanding any other provision of this chapter or any other general or special law to the contrary, the department of environmental protection may exempt dealers or any class thereof from subsection (b) of section 323, provided that the department of environmental protection determines that such exemption is consistent with the public interest and such exemption does not place an unreasonable burden on consumers.
Section 323H. (a) Beginning the first day of May, 4 years after the transition date, all beverages in beverage containers sold in the Commonwealth shall be subject to a 1 cent recycling fee.
(b) The recycling fee shall be levied on the sale of beverages in beverage containers by a distributor or bottler. Beverage containers sold for consumption outside of the Commonwealth are exempt from the fee.
(c) The Commissioner of revenue shall develop implementing regulations for the collection and deposit of the recycling fee into the fund established under section 323F including procedures for identifying and registering distributors and bottlers subject to the fee and for quarterly payment of the fee by distributors and bottlers. Said commissioner shall also develop an annual payment procedure to reduce the administrative burden on small distributors and bottlers, as determined by said commissioner. Said commissioner shall prepare an annual report at the conclusion of each fiscal year listing registered distributors and bottlers and reporting total collections. Payment amounts from individual distributors and bottlers shall be considered confidential business information and not disclosed by said commissioner except in conjunction with audits conducted under subsection (d).
(d) The commissioner of revenue shall coordinate periodic audits of distributors and bottlers to ensure that appropriate records exist to document fee payments and that all distributors and bottlers subject to the fee are complying.
SECTION 8. Chapter 94 of the general laws, as so appearing, is hereby further amended by inserting after Section 326, the following new section:-
Section 326A. Notwithstanding sections 321 to 323G, inclusive, and sections 324 to 327, inclusive, to the contrary, on the first day of May, 4 years after the transition date, (i) a bottler, distributor, redemption center or dealer shall be exempt from any obligation imposed under sections 321 to 323G, inclusive, and sections 324 to 327, inclusive, and (ii) beverage containers may be sold or offered for sale in the commonwealth without a refund value.
SECTION 9. Section 327 of said chapter 94 of the General Laws, as so appearing, is hereby amended by inserting after the word “civil”, in line 14, the words “or administrative”.
SECTION 10. Section 327 of said chapter 94, as so appearing, is hereby further amended by inserting after the first paragraph the following paragraphs:—
The department of environmental protection may enforce the provisions of section 321; subsections (a) through (f), inclusive, of section 322; subsection (i) of section 323; section 323A; 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 subsections (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 11. (a) There shall be in the executive Office of Environmental Affairs an advisory commission, chaired by the Secretary or his designee, for beverage container recycling and litter control policy review.
(b) The commission shall consist of 13 members: 1 of whom shall be appointed by the president of the senate; 1 of whom shall be appointed by the speaker of the house of representatives; and 11 of whom shall be appointed by the secretary of energy and environmental Affairs, 1 of whom shall be a representative of beer brewers and distributors, 1 of whom shall be a representative of non-alcoholic beverage makers and distributors, 1 of whom shall be a representative of supermarkets, 1 of whom shall be a representative of convenience stores, 1 of whom shall be a representative of independent redemption centers, 1 of whom shall be a representative of redemption equipment providers, 1 of whom shall be a representative of processors of materials recovered from beverage containers, 1 of whom shall be a representative of the massachusetts municipal association, 1 of whom shall be a representative of the massachusetts product stewardship council, 1 of whom shall be an individual representing a consumer advocacy organization, and 1 of whom shall be a representative of a statewide conservation organization.
(c) Appointments to the advisory commission shall be made not later than 30 days after the effective date of this act. If a vacancy occurs on the commission, the vacancy shall be filled within 30 days. The commission shall convene its first meeting within 60 days of the effective date of this act.
(c) The commission established under this subsection shall have the following duties: (i) compile and analyze data on the effectiveness of the beverage container deposit system, curbside recycling systems, drop-off recycling centers, business and private recycling programs, and municipal and state public space recycling programs; (ii) determine whether the container deposit system, or any other mandatory recycling system, should be continued or discontinued, and shall make its recommendation to the secretary of energy and environmental affairs and the General Court for possible legislative or administrative action, (iii) make recommendations concerning enhancing or modifying state-wide solid waste and recycling to include public space recycling, urban center recycling, curbside and multi-unit dwelling recycling, composting, creation of a public education program, establishing per capita waste reduction goals and municipal recycling, and changes to a beverage container deposit law, (iv) advise the secretary of energy and environmental affairs on policy and program development regarding beverage container litter, (v) make recommendations to the secretary of energy and environmental affairs and the joint committee on environment, natural resources, and agriculture on changes to the existing laws and regulations concerning recycling of beverage containers, as well as amending statutes and regulations to increase diversion of beverage containers from the waste stream and the efficiency of said system, (vi) the advisory commission shall meet at least one time a year and shall convene special meeting at the call of the Commissioner.
(d) A written record of all meetings of the committee shall be maintained by the secretary of energy and environmental affairs, or his designee. Members of the commission shall serve without compensation.
SECTION 12. The department of environmental protection shall conduct a study into the registration and regulation of entities that provide solid waste collection services in the commonwealth, hereafter referred to as haulers. The study shall identify the regulatory structure and business models for haulers in the commonwealth. The study shall identify and make recommendations regarding reformed regulatory models for haulers that better align hauler business models with the commonwealth’s solid waste reduction goals. The department shall submit a copy of the study not later than July 15th, 2015 to the clerks of the house of representatives and the senate who shall forward a copy of the study to the joint committee on telecommunications utilities and energy and the joint committee on environment, natural resources, and agriculture.
SECTION 13. The department of environmental protection shall promulgate performance standards under section 21A of chapter 16 of the general laws not later than 120 days after the effective date of this act.
SECTION 14. Standards promulgated by the department of environmental protection under section 21A of chapter 16 of the general laws shall reduce solid waste to no more than four hundred fifty pounds per resident served by July 1, 2020.
SECTION 15. Sections 2 to 11, inclusive, of this act shall take effect on April 22, 2015.
