Massachusetts H 747: An Act to increase access to recycling

Bill Text

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HOUSE DOCKET, NO. 1721 FILED ON: 1/17/2019
HOUSE . . . . . . . . . . . . . . . No. 747

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Michael S. Day
_________________
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 adoption of the accompanying bill:
An Act to increase access to recycling.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Michael S. Day 31st Middlesex 1/17/2019
Aaron Vega 5th Hampden 1/24/2019
Bud L. Williams 11th Hampden 1/31/2019
Mathew J. Muratore 1st Plymouth 1/31/2019
RoseLee Vincent 16th Suffolk 1/31/2019
Denise Provost 27th Middlesex 1/31/2019
Brian M. Ashe 2nd Hampden 1/31/2019
David M. Rogers 24th Middlesex 1/31/2019
Ruth B. Balser 12th Middlesex 1/31/2019
Jonathan Hecht 29th Middlesex 2/1/2019
Danielle W. Gregoire 4th Middlesex 2/1/2019
Natalie M. Higgins 4th Worcester 2/1/2019

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HOUSE DOCKET, NO. 1721 FILED ON: 1/17/2019
HOUSE . . . . . . . . . . . . . . . No. 747
By Mr. Day of Stoneham, a petition (accompanied by bill, House, No. 747) of Michael S. Day
and others for legislation to increase access to recycling in the Commonwealth. Environment,
Natural Resources and Agriculture.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 414 OF 2017-2018.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-First General Court
(2019-2020)
_______________

An Act to increase access to recycling.

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

1 “Recyclable” or “Recyclable Material” means a material that has the potential to be
2 recycled and which is pre-sorted Such materials shall include but are not limited to: 1)
3 containers, films and wraps made from metal, glass, plastic or paper and 2) newspaper, office
4 paper, cardboard and other grades of paper.
5 “Recycle” or “Recycling” means to recover materials or by-products which are: reused,
6 used as an ingredient or a feedstock in an industrial or manufacturing process to make a
7 marketable product: or use in a particular function or application as an effective substitute for a
8 commercial product or commodity. “Recycle” or “Recycling” does not mean to recover energy
9 from the combustion of material.

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10 Recyclable or Recyclable Material means a material that has the potential to be recycled
11 and
12 which is pre-sorted. Recyclable material includes biodegradable paper, but does not
13 include:
14 (a) organic materials that will be composted or converted; or
15 (b) construction and demolition waste unless it has been separated and kept separate into
16 at least the following categories: asphalt, brick and concrete; ceiling tiles; wood; metals;
17 plaster and wallboard; roofing materials; and carpet.
18 Recycle or Recycled means to recover materials or by-products which will be:
19 (a) reused;
20 (b) used as an ingredient or a feedstock in an industrial or manufacturing process to make
21 a marketable product; or
22 (c) used in a particular function or application as an effective substitute for a commercial
23 product or commodity.
24 Recycle does not mean to recover energy from the combustion of a material or to create a
25 fuel.
26 Recycle does not include composting or conversion.
27 Restricted Material means any material subject to a waste restriction at a solid waste

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28 management facility pursuant to 310 CMR 19.017(3).
29 Post-consumer Recyclables means the following materials which have served their
30 intended end
31 use and have been pre-sorted:
32 (a) containers, films and wraps and other forms of packaging made from metal, glass,
33 plastic or paper; and
34 (b) newspaper, office paper, cardboard and other grades of paper.
35 “Transport” means the movement, by vessel or carrier, of solid waste from the point of
36 generation to ultimate disposal, or any intermediate point for storage, reuse, treatment, or
37 recycling.
38 Chapter 21H of the General Law is hereby amended by inserting the following section
39 after Section 8.
40 SECTION 9: In order to reduce solid waste and its associated management and disposal
41 costs, protect the environment and provide citizens increased access to recycling, all cities and
42 towns in the Commonwealth providing curbside waste removal are required to also provide
43 curbside pickup of recyclable material. All cities and towns in the Commonwealth providing a
44 site or facility for waste drop-off are required to offer recycling at that site or facility.
45 All materials set aside for recycling or placed in recycling containers shall be delivered to
46 recycling facilities. No person who transports solid waste shall knowingly mix recyclable
47 materials with solid waste destined for a solid waste transfer station or disposal facility. No

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48 person who transport