Dive Brief:

• The Massachusetts Senate has passed the Plastics Reduction Act, which calls for creating a commission to explore EPR for packaging, paint, mattresses and electronics. The bill would also create a statewide program for recycling large plastic objects such as car seats, and it would require a report assessing state progress on the state’s organics action plan progress expanding access to composting.
• The bill also calls for banning carry-out plastic bags and preventing restaurants from automatically giving out plastic utensils and straws, among other provisions. The bill now goes to the House, which must consider the bill before the session ends on July 31.
• The Senate is expected to debate a separate, wide-ranging climate bill on Tuesday that now includes a proposal to update Massachusetts’ bottle bill. The provision calls to increase deposit values to 10 cents, increase handling fees for retailers and redemption centers, and include more types of beverages in the program.

Dive Insight:

Massachusetts lawmakers have already introduced several EPR bills this year, including for paint and mattresses. The EPR commission provision would follow strategies from states such as Maryland and Illinois, which recently passed their own EPR study bills. Paint EPR has been a particular focus for MassPSC this session.

The Massachusetts Senate sees the plastics and climate bills as a package meant to help the state achieve its net zero emissions by 2050 goals and “drastically” reduce plastic waste. “The Plastics Reduction Act will prevent billions of single-use plastic bags, bottles, cutlery, and wipes from clogging up our environment, pipes, and landfills each year,” said Sen. Rebecca Rausch, Senate Chair of the Joint Committee on Environment, in a statement.

The plastics reduction bill calls for numerous efforts to reduce virgin plastic use, a move supporters say is the most effective way to divert plastic waste from landfills. S.2830 would prohibit carry-out plastic bags at retail stores and require stores to charge 10 cents for recycled paper bags – half of which would go toward supporting environmental protection measures via a Plastics Environmental Protection Fund, according to a Senate release. A large portion of Massachusetts municipalities already regulate plastic bags, the release noted.

The bill also calls for developing a “special legislative commission” meant to create EPR recommendations for the commonwealth. The bill calls for a 12-member group with members representing waste haulers or MRFs, packaging producers or retailers, food producers, environmental justice organizations, state agencies and others. The plan, due by March 1, 2026, would need to include recommendations on specific extended producer responsibility goals and strategies, cost system and producer payment recommendations, costs for residential curbside collection or transfer station operations, and other details. 

Environmental groups praised the bill’s advancement.

“It's time Massachusetts made a bigger commitment to tackle the plastic pollution crisis in our state. We applaud the Massachusetts Senate for passing S. 2830,” said Nancy Downes, field campaigns manager for Oceana in Massachusetts, in a statement. “We must stop the problem at its source by reducing the amount of single-use plastic produced and moving to reuse and refill systems. We call on the House to pass this much-needed bill.”

Janet Domenitz, executive director of MASSPIRG, said she believes there will be support in the House for the bill, but the clock is ticking for lawmakers to consider it. “There's a lot of legislation to be dealt with, and we really hope this is on the priority list for the House.”

Meanwhile, the Senate will soon debate a sweeping climate bill that includes numerous proposals meant to speed up permitting for solar, wind, and other “clean energy” infrastructure, as well as phasing out a natural gas infrastructure replacement program. Updating the state’s bottle bill is another provision of the bill.

The proposal builds off previously introduced bills calling for modernizing Massachusetts’ bottle bill. The version included in the climate bill would expand the program to include all beverages except milk, formula and medicines, and increase deposits from five to 10 cents. It would add containers up to 3.79 liters, but exclude cartons, pouches and aseptic cartons. Redemption centers would receive a handling fee of 4 cents, up from 3.75 cents, while retailers would get 3.25 cents, up from 2.75 cents. It also calls for a study of return and refill systems in Massachusetts, among other updates.

State Sen. Cynthia Stone Creem, who led the amendment adding the bottle bill provision in the climate bill, also sponsors a similar bottle bill expansion in the Senate.

The bill was meant to be heard on Friday, but Senate Republicans delayed debate after saying they needed more time to review the long, complex bill. The legislation is now set to be considered on Tuesday, the Boston Herald reported.

Kirstie Pecci, executive director of Just Zero, said proponents are “very hopeful about passing the modernized bottle bill in Massachusetts this session.”

Modernizing the bottle bill could help save municipalities between $26 million and $36 million a year on waste and recycling costs by diverting more kinds of containers from disposal and reducing litter, Just Zero estimates. “From a climate perspective, it makes sense for [the bottle bill update] to be included,” she said. 

Domenitz added that updating the 42-year-old bottle bill is “so overdue” and that changes are needed to keep up with inflation and other modernizations. “We're just asking for the deposit to go to a dime. So it's really just a common-sense matter and we really are looking forward to the Senate taking action and bringing it up to date."

The House is expected to introduce its own version of the climate bill as early as this week, Pecci said. It’s unclear how similar it could look to the Senate’s version or whether a bottle bill update would be included, she said.