Massachusetts

Details

The following summary was posted on the State of Massachusetts web site:

This proposed law would expand the state’s beverage container deposit law, also known as the Bottle Bill, to require deposits on containers for all non-alcoholic non-carbonated drinks in liquid form intended for human consumption, except beverages primarily derived from dairy products, infant formula, and FDA approved medicines. The proposed law would not cover containers made of paper-based biodegradable material and aseptic multi-material packages such as juice boxes or pouches.

The proposed law would require the state Secretary of Energy and Environmental Affairs (EEA) to adjust the container deposit amount every five years to reflect (to the nearest whole cent) changes in the Consumer Price Index, but the value could not be set below five cents.

The proposed law would increase the minimum handling fee that beverage distributors must pay dealers for each properly returned empty beverage container, which was 2¼ cents as of September 2013, to 3½ cents.

It would also increase the minimum handling fee that bottlers must pay distributors and dealers for each properly returned empty reusable beverage container, which was 1 cent as of September 2013, to 3½ cents. 

The Secretary of EEA would review the fee amounts every five years and make appropriate adjustments to reflect changes in the Consumer Price Index as well as changes in the costs incurred by redemption centers. 

The proposed law defines a redemption center as any business whose primary purpose is the redemption of beverage containers and that is not ancillary to any other business.

The proposed law would direct the Secretary of EEA to issue regulations allowing small dealers to seek exemptions from accepting empty deposit containers.

The proposed law would define small dealer as any person or business, including the operator of a vending machine, who sells beverages in beverage containers to consumers, with a contiguous retail space of 3,000 square feet or less, excluding office and stock room space; and fewer than four locations under the same ownership in the Commonwealth. The proposed law would require that the regulations consider at least the health, safety, and convenience of the public, including the distribution of dealers and redemption centers by population or by distance or both.

The proposed law would set up a state Clean Environment Fund to receive certain unclaimed container deposits. The Fund would be used, subject to appropriation by the state Legislature, to support programs such as the proper management of solid waste, water resource protection, parkland, urban forestry, air quality and climate protection.

The proposed law would allow a dealer, distributor, redemption center or bottler to refuse to accept any beverage container that is not marked as being refundable in Massachusetts.

The proposed law would take effect on April 22, 2015.

Progress

This petition was certified by the Attorney General and will appear on the ballot on November 4.

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Details

S 379, also titled, “An Act Improving Recycling in the Commonwealth,” was introduced as an alternative to the Updated Bottle Bill. However, a Sierra Club Massachusetts analysis reveals that this Bill would result in a setback for recycling and litter reduction in the state.  

The main provisions of the bill include:

• Repeal the state’s 30-year old Bottle Bill
• Institute a one-cent recycling fee on the sale of beverage containers by distributors/wholesalers
• Require public venues that attract more than 5,000 individuals annually (e.g., stadiums, arenas, marinas, airports, theaters and parks) to provide recycling infrastructure.
• Creates the Municipal Recycling Enhancement Fund for establishing recycling collection programs and litter prevention programs

According to the Sierra Club Massachusetts, S 379 would result in significant job losses (estimated 1,600), a reduced recycling rate, increased costs for municipalities, a 9-fold increase in beverage container litter, and lost revenue for the state (over $30 million).

This bill was replaced by H 4317

Progress

This bill died in committee.

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Details

The following details were provided with the bill text at https://malegislature.gov/Bills/188/House/H3848

This proposed law would expand the state’s beverage container deposit law, also known as the Bottle Bill, to require deposits on containers for all non-alcoholic non-carbonated drinks in liquid form intended for human consumption, except beverages primarily derived from dairy products, infant formula, and FDA approved medicines. The proposed law would not cover containers made of paper-based biodegradable material and aseptic multi-material packages such as juice boxes or pouches.

The proposed law would require the state Secretary of Energy and Environmental Affairs (EEA) to adjust the container deposit amount every five years to reflect (to the nearest whole cent) changes in the consumer price index, but the value could not be set below five cents.

The proposed law would increase the minimum handling fee that beverage distributors must pay dealers for each properly returned empty beverage container, which was 2¼ cents as of September 2013, to 3½ cents. It would also increase the minimum handling fee that bottlers must pay distributors and dealers for each properly returned empty reusable beverage container, which was 1 cent as of September 2013, to 3½ cents. The Secretary of EEA would review the fee amounts every five years and make appropriate adjustments to reflect changes in the consumer price index as well as changes in the costs incurred by redemption centers. The proposed law defines a redemption center as any business whose primary purpose is the redemption of beverage containers and that is not ancillary to any other business.

The proposed law would direct the Secretary of EEA to issue regulations allowing small dealers to seek exemptions from accepting empty deposit containers. The proposed law would define small dealer as any person or business, including the operator of a vending machine, who sells beverages in beverage containers to consumers, with a contiguous retail space of 3,000 square feet or less, excluding office and stock room space; and fewer than four locations under the same ownership in the Commonwealth. The proposed law would require that the regulations consider at least the health, safety, and convenience of the public, including the distribution of dealers and redemption centers by population or by distance or both.

The proposed law would set up a state Clean Environment Fund to receive certain unclaimed container deposits. The Fund would be used, subject to appropriation by the state Legislature, to support programs such as the proper management of solid waste, water resource protection, parkland, urban forestry, air quality and climate protection.

The proposed law would allow a dealer, distributor, redemption center or bottler to refuse to accept any beverage container that is not marked as being refundable in Massachusetts.

The proposed law would take effect on April 22, 2015.

Progress

This bill died in committee.

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Details

The main impact of this bill is to eventually do away with the deposit system altogether, replacing the 5¢ deposit is with a 1¢ recycling fee. The new fee structure would take effect 4 years after the "transition date," or the date at which the total generation of municipal solid waste has decreased to less than 3,275,000 tons of disposal per year, for two consecutive years.

In the meantime, this bill makes a number of small adjustments to Massachusetts' existing deposit system.

Most notably, it expands the types of beverages covered to include “Water beverages:” 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.

It also makes provisions for the licensing of redemption centers and application fees for the same.

Whereas in the existing law, 100% of abandoned deposits are property of the state general fund, in this bill, distributors would keep 10% while remitting the remaining 90% to the state.

In earlier versions of the Massachusetts deposit system, Section 323F established a Clean Environment Fund. This section of the law was repealed in 2003, but this bill would bring it back. In this iteration, the Fund would be used for programs supporting waste reduction and natural resources conservation.

This bill allows for dealers to be exempted from reporting on their beverage sales and refunds.

In addition to modifying the deposit law, this bill also creates performance standards for municipal solid waste reduction and a plan of action for achieving those standards. Cities are required to report the weight of solid waste collected per year and their population participating in the collection program.

When the deposit system ends, a 1¢ per container recycling fee will be paid by distributors to the Clean Environment Fund.

The bill also establishes penalties for not complying with the regulations established by the bill, as well as an advisory commission for beverage container recycling and litter control policy review.

Progress

This bill died in committee with the end of the legislative session.

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