Massachusetts

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.