Massachusetts 2009 bill text

Scroll down for the most current draft of the bill, Senate Bill 2547

House Bill 3515

The following text was found at http://www.mass.gov/legis/bills/house/186/ht03/ht03515.htm and is identical to the text of Senate Bil 1480, found at http://www.mass.gov/legis/bills/senate/186/st01/st01480.htm

HOUSE DOCKET, NO. 1314        FILED ON: 1/12/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3515

 

The Commonwealth of Massachusetts

_______________

PRESENTED BY:

Alice K. Wolf

_______________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
                Court assembled:

                The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:

An Act to improve recycling rates in the Commonwealth.

_______________

PETITION OF:

 

Name:

District/Address:

Alice K. Wolf

25th Middlesex

Geraldo Alicea

6th Worcester

Tom Sannicandro

7th Middlesex

Stephen Kulik

1st Franklin

Kay Khan

11th Middlesex

Jennifer Benson

37th Middlesex

Mary E. Grant

6th Essex

Robert M. Koczera

11th Bristol

William N. Brownsberger

24th Middlesex

Ellen Story

3rd Hampshire

David P. Linsky

5th Middlesex

James M. Murphy

4th Norfolk

Christopher G. Fallon

33rd Middlesex

Sarah K. Peake

4th Barnstable

Matthew C. Patrick

3rd Barnstable

Katherine Clark

32nd Middlesex

Pam Richardson

6th Middlesex

Peter v. Kocot

1st Hampshire

David B. Sullivan

6th Bristol

Jonathan Hecht

29th Middlesex

Geraldine Creedon

11th Plymouth

Barbara A. L'Italien

18th Essex

Michael F. Rush

10th Suffolk

Stephen L. DiNatale

3rd Worcester

Steven J. D'Amico

4th Bristol

Christine E. Canavan

10th Plymouth

Cory Atkins

14th Middlesex

Elizabeth A. Malia

11th Suffolk

Jay R. Kaufman

15th Middlesex

Martha M. Walz

8th Suffolk

Cleon H. Turner

1st Barnstable

Lori Ehrlich

8th Essex

Cheryl A. Coakley-Rivera

10th Hampden

James B. Eldridge

Middlesex and Worcester

Carl M. Sciortino, Jr.

34th Middlesex

John W. Scibak

2nd Hampshire

John V. Fernandes

10th Worcester

Jennifer M. Callahan

18th Worcester

William Lantigua

16th Essex

Theodore C. Speliotis

13th Essex

Frank I. Smizik

15th Norfolk

Timothy J. Toomey, Jr.

26th Middlesex

Jason Lewis

31st Middlesex

Anthony D. Galluccio

Middlesex, Suffolk and Essex

Paul McMurtry

11th Norfolk

Kevin G. Honan

17th Suffolk

Karen E. Spilka

Second Middlesex and Norfolk

Mark V. Falzone

9th Essex

Sean Garballey

23rd Middlesex

Linda Dean Campbell

15th Essex

Thomas P. Conroy

13th Middlesex


 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand and Nine

_______________




An Act to improve recycling rates in the Commonwealth.


                Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

            SECTION 1. Section 321 of Chapter 94 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the definitions for “beverage” and “beverage container,” and inserting in place thereof the following definitions:—

“Beverage,” soda water or similar carbonated soft drinks; noncarbonated beverages including mineral water, flavored and unflavored water, vitamin water, and other water beverages, tea, sports drinks, isotonic drinks; beer and other malt beverages; and all other non-alcoholic carbonated and noncarbonated drinks in liquid form intended for human consumption except milk and beverages that are primarily derived from dairy products, infant formula, and FDA-approved medicines.

“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, which, at the time of sale, contains one-hundred and thirty-five ounces or less of a beverage. This definition shall not include containers made of paper-based biodegradable material and aseptic multi-material packaging.

SECTION 2. Section 321 of Chapter 94 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding, after the definition of “Plastic bottle” the following definition:— “Redemption center,” any business whose primary purpose is the redemption of beverage containers and is not ancillary to any other business,

SECTION 3. Section 321 of Chapter 94 of the General Laws, as so appearing, is hereby amended by adding, after the definition of “Reusable beverage container,” the following definition:—

“Small dealer,” any person, including any operator of a vending machine, employing the equivalent of ten full time employees or less, who engages in the sale of beverages in beverage containers to consumers in the Commonwealth.

SECTION 4. Section 323 of Chapter 94 of the General Laws, as so appearing, is hereby amended by adding in line 30 after the letter “(e),” the following:—

The Executive Office of Environmental Affairs shall promulgate rules and regulations for the licensure of redemption centers, and may set fees for the licensing of such redemption centers.

SECTION 5. Section 323, paragraph (a), of Chapter 94 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out in line the words “the refund value” and inserting in place thereof the words “the full refund value”.

SECTION 6. Section 323, paragraph (b), of Chapter 94 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out the words “one cent” and inserting in place thereof the words “three and one quarter cents” and placing the following sentence at the end of the paragraph. “The handling fee shall be reviewed semi-annually by the Secretary of the Executive Office of Environmental Affairs and adjustments made to reflect increases in costs incurred by redemption facilities.”

SECTION 7. Section 323, paragraph (c), of Chapter 94 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out in the words “one cent” and inserting in place thereof the words “three and one quarter cents” and placing the following sentence at the end of the paragraph. “The handling fee shall be reviewed semi-annually by the Secretary of the Executive Office of Environmental Affairs and adjustments made to reflect increases in costs incurred by redemption facilities.”

SECTION 8. Section 323 of Chapter 94 of the General Laws, as so appearing, is hereby amended by adding in line 73, after the word “civil,” the words “or administrative.”

SECTION 9. Chapter 94 of the General Laws, as so appearing, is hereby amended by adding a new section after 323F:— SECTION 323G. Redemption Centers.

(a) Only small dealers may apply for an exemption with the department.

(b) Application for an exemption shall be jointly filed with the department by the small dealer and redemption center. The application shall state the name and address of the person responsible for the establishment and operation of the center, the kinds, sizes and brand names of beverage containers that will be accepted and the names and addresses of dealer(s) to be served and their distance from the local redemption center.

(c) In approving the exemption, the department shall consider at least the health and safety of the public; the convenience for the public, including standards governing distribution of centers by population or by distance or both, the size and storage capacity of the dealer(s) to be served by the redemption center and the size and storage capacity of the redemption center. The order approving a local redemption center license must state the dealers to be served and the kinds, sizes and brand names of empty beverage containers that the center accepts.

(d) A local redemption center may not refuse to accept from any consumer or other person not a dealer any empty, unbroken and reasonably clean beverage container of the kind, size and brand sold by a dealer served by the center, or refuse to pay in cash the full refund value of the returned beverage container as established by Section 322 of Chapter 94 of the General Laws.

(e) A list of the dealers served and the kinds, sizes and brand names accepted shall be promptly displayed at each local redemption centers.

(f) The name and location of the redemption center serving the dealer shall be conspicuously displayed at the dealer.

SECTION 10. Section 327 of Chapter 94 of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph the following new paragraphs:— The Department of Environmental Protection shall have authority to enforce the provisions of sections three hundred and twenty-one; three hundred and twenty-two; paragraphs (a) through (f) inclusive, and paragraph (i) of section three hundred and twenty-three; three hundred and twenty-three A; three hundred and twenty-three F; three hundred and twenty-four; and three hundred and twenty-five. 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 one thousand dollars.

The Department of Revenue shall have authority to enforce the provisions of paragraphs (g) and (h) of section three hundred and twenty-three and sections three hundred and twenty-three B to three hundred and twenty-three E, 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 one thousand dollars.

SECTION 11. Section 327 of Chapter 94 of the General Laws, as so appearing, is hereby amended by adding after the word “civil” in line 14 the words “or administrative.”

SECTION 12. Section 323F. of Chapter 94 of the General Laws, is hereby amended by replacing the existing text with the following:

(a) There shall be established on the books of the Commonwealth a separate fund to be known as the Clean Environment Fund as established in Section 323D of Chapter 94 of the General Laws. Amounts deposited in said fund shall be used, subject to appropriation, solely for programs and projects in the management of solid waste and for environmental protection; provided, however, that no funds shall be used for costs associated with incineration.

(b) Not less than fifty percent of amounts deposited in the Fund shall be used for recycling, composting and solid waste source reduction projects and programs.

(c) Not less than an additional twenty percent of amounts deposited in the Fund shall be used for recycling and other solid waste projects and programs.

(d) Not more than thirty percent of amounts deposited in the fund shall be used for other environmental programs consistent with the purposes of the ""bottle bill'', so-called.

(e) Of amounts expended under paragraphs (b) through (d), not more than fifty percent shall be used for debt service on capital outlays authorized prior to January first, nineteen hundred and eighty-eight.

SECTION 13. This act shall take effect on December first, two thousand eleven.

Senate Bill 2547

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Updated July 16, 2010

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