Massachusetts to consider numerous packaging

May 07, 2023

A recent National Caucus of Environmental Legislators forum in Boston sought to garner support for a bill that would limit the sale of plastic carryout bags, food service ware, water bottles and more.

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The Massachusetts legislature is expected to have another active season of considering packaging-related bills, including a new Plastics Reduction Act that was featured at a recent event.

During the state's current two-year legislative session — which will conclude its formal period at the end of July 2024 — more than a dozen bills have been introduced with possible implications for packaging. Key topics include extended producer responsibility, updating the state's bottle bill and banning or limiting certain types of plastic products.

While Massachusetts is known for its waste disposal bans on many types of packaging and products, and has numerous city or town ordinances banning or limiting certain categories of packaging, it has seen minimal statewide legislative movement on these issues in recent years.

Last week, the National Caucus of Environmental Legislators hosted a forum at the Massachusetts State House in Boston to advocate for one of those bills: the Plastics Reduction Act, sponsored by state Sen. Becca Rausch and Rep. Ted Philips. The event included an excerpt screening of the 2019 documentary The Story of Plastic.

The legislation would enact a statewide plastic bag ban, charge 10 cents for paper carryout bags (with 5 cents dedicated to helping businesses make the switch), set postconsumer recycled content standards for paper bags, limit food service ware unless it is "biodegradable or compostable," limit the sale of still water in plastic bottles of one liter or less, limit the use of state funds to purchase such bottles of 64 ounces or less, and ban the sale of miniature plastic alcohol bottles of 10 milliliters or less.

The bill would also create a statewide car seat recycling program and a fund to cover the costs of reusable bags for people in environmental justice communities, as well as related small business compliance needs.

"We are both deeply dedicated to moving this bill along," said Rausch, describing the bill as a priority for her in the current session. "We are in a crisis of our own making and we have got to take steps now to reduce the damage we are causing, and continue to cause, to our beautiful planet and own health by limiting the use of single-use plastics."

Currently, at least 157 of the 351 Massachusetts municipalities (covering approximately two-thirds of the state's population) regulate carryout bags. Around 50 regulate food service ware, 27 regulate the sale of single-use bottled water in some form and at least three have limitations on miniature alcohol bottles. Boston, which already has carryout bag rules in place, is also considering limitations on miniature alcohol bottles.

The goal of Rausch and other allies is to clean up what she called a current "patchwork" of local regulations, though finding statewide consensus can also be complex. Certain plastic packaging producers and trade groups have opposed similar legislation in the past. The state's beverage trade group is also opposed to an expanded bottle bill, and the EPR debate has long lacked consensus between packaging interests, recycling companies and other groups.

At the same time, many municipalities are supportive of these ideas and environmental groups that spoke at the June 1 forum — including Just Zero, Oceana and MassPIRG — say public opinion is on their side. A number of similar bills have passed in other states in recent years, including in New England, and NCEL is tracking many more that were introduced this year.

"Massachusetts should not be lagging. Massachusetts should be blazing the trail without plastics," said Janet Domenitz, executive director of MassPIRG. "Let's not get to July 2024 with no action in our state to ban something."

While some sources believe the recent election of Democratic Gov. Maura Healey could be favorable for these issues — following a Republican predecessor who was seen as less receptive to ideas such as expanding the state's bottle bill — all eyes are on the legislature first. Both chambers have been controlled by Democrats for decades and a recent Boston Globe review described the start of this current session as one of the "least productive" in at least 40 years.

The legislature's Joint Committee on Environment and Natural Resources, of which Rausch is a co-chair, is expected to hold a hearing on June 14 about multiple bills related to packaging and waste.