SENATE, No. 1979

SECTION 1.   Section 321 of Chapter 94 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended in 4.02 Definition of “Beverage”, Add after “soda  water”:  “flavored and unflavored water”.

SECTION 2. 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 must promulgate rules and regulations for the licensure of redemption centers, and may set annual fees of not more than $200.00  for the licensing of such redemption centers.  Also must establish a Bottle Bill Oversight Committee to oversee and monitor the process of the bottle-bill as well as compiling revisions to the bottle-bill when necessary.  This committee will consist of two (each) members who are dealers, redemption center operators and distributors.

SECTION 3. Section 323, paragraph (b), of Chapter 94 of the General Laws, as appearing in the 1998 Official Edition, 4.05  “Refunds and Acceptance of Empty Beverages Containers” (2) Distributors Obligations. and (3) Bottler’s Obligations. is hereby amended by striking out the words “2.25 cents” and inserting in place thereof the words effective July 1 2006 three and a half cents (3.50)  and December 1, 2007 three and three quarters cents (3.75);  and placing the following sentence at the end of the paragraphs.. Said handling fee must be reviewed annually by the Secretary of the Executive Office on Environmental Affairs and will be adjusted accordingly with the consumer price index.

SECTION 4. Section 323 of Chapter 94 of the General Laws, as so appearing, is hereby amended by adding in line 73 after the word “twenty-seven.” the following:—

At each location where persons tender containers for redemption, dealers and redemption centers shall conspicuously display a sign in letters that are at least one inch in height with the following information: “WARNING: Persons tendering containers for redemption that were not originally purchased in Massachusetts may be subject to a fine of the greater of one hundred dollars per container or twenty-five thousand dollars for each tender of containers. (G.L. c. 94, Section 327).”

 SECTION 5. Section 326 of Chapter 94 of the General Laws, as so appearing, is hereby amended by inserting after the word “feasible” in line 29 the following paragraph: —

The secretary shall file a report on implementation of the “Bottle Bill,” so-called, annually with the joint committee on energy, joint committee on natural resources and agriculture, and the house and senate committees on ways and means on or before December thirty-first of each year. The report shall contain, but not be limited to, information concerning state wide redemption rates of beverage containers as defined herein, an evaluation of the bottle bill program, and as necessary, suggestions to improve the program.

SECTION 6. Section 323, of Chapter 94 of the General Laws, as

 appearing in the 1998 Official Edition, 4.05  “Refunds and Acceptance of Empty Beverages Containers” (2) Distributors Obligation is hereby amended by adding the paragraph: “Acceptance of beverage containers from redemption centers, mother cartons,  minimum 1 ml plastic bottle/can bags with fill lines to accommodate 240- 12 oz. cans per bag, 180- 16 oz aluminum cans and bottles and plastic bottles per bag, 144- 20 oz plastic bottles per bag, 72 – 1 liter plastic bottles per bag; 48- 2 liter plastic bottles per bag; and 30-3-liter plastic bottles per bag, counting of each “Beverage Container” and providing dealer and redemptions centers records and proof of counts or  shall provide refund value as indicated on each beverage container based on 240- 12 oz. cans per bag, 168- 16 oz aluminum cans and bottles and plastic bottles per bag, 144- 20 oz plastic bottles per bag, 72 – 1 liter plastic bottles per bag; 48- 2 liter plastic bottles per bag; and 30-3-liter plastic bottles per bag that distributor accepts from dealer or redemption centers.

SECTION 7. Section 323, of Chapter 94 of the General Laws, as  appearing in the 1998 Official Edition, 4.05  “Refunds and Acceptance of Empty Beverages Containers”, (4) Rights of Redemption Centers. is hereby amended by adding the paragraph: “Acceptance of beverage containers from redemption centers, mother cartons,  minimum 1 ml plastic bottle/can bags with fill lines to accommodate 240- 12 oz. cans per bag, 180- 16 oz aluminum cans and bottles and plastic bottles per bag, 144- 20 oz plastic bottles per bag, 72 – 1 liter plastic bottles per bag; 48- 2 liter plastic bottles per bag; and 30-3-liter plastic bottles per bag, counting of each “Beverage Container” and providing dealer and redemptions centers records and proof of counts or  shall provide refund value as indicated on each beverage container based on 240- 12 oz. cans per bag, 168- 16 oz aluminum cans and bottles and plastic bottles per bag, 144- 20 oz plastic bottles per bag, 72 – 1 liter plastic bottles per bag; 48- 2 liter plastic bottles per bag; and 30-3-liter plastic bottles per bag that distributor accepts from dealer or redemption centers.

Section 8. Section 323(b) of Chapter 94 of the General Laws, as appearing in the Official Edition, is hereby amended by adding the paragraph to section 323(b): A dealer may refuse to redeem containers it sells if it has agreed to let a conveniently located licensed redemption center act as its agent for redeeming empty beverage containers.  The dealer must also post a sign notifying the public that it no longer accepts them.  Distributors have the obligation to pick up containers from the dealer they deliver to or from the licensed redemption center acting as the agent for the dealer that the distributor delivers to.

SECTION 9.  Notwithstanding any other provision of this chapter to the contrary, 2 or more initiators of deposit may enter into a commingling agreement through which some or all of the beverage containers for which the initiators have initiated deposits may be commingled by dealers and operators of redemption centers as provided in this section. 
            An initiator of deposit that enters into a commingling agreement pursuant to this section shall permit any other initiator of deposit to become a party to that agreement on the same terms and conditions as the original agreement. 
1. Commingling requirement. If initiators of deposit enter into a commingling agreement pursuant to this section, commingling of beverage containers must be by all containers of like product group, material and size. An initiator of deposit required to pick up beverage containers subject to a commingling agreement also shall pick up all other beverage containers subject to the same agreement. The initiator of deposit may not require beverage containers that are subject to a commingling agreement to be sorted separately by a dealer or redemption center.

 2. Commingling of like materials. For purposes of this section, containers are considered to be of like materials if made up of one of the following: 
A. Plastic; B. Aluminum; C. Metal other than aluminum; and  D. Glass. 
     3. Commingling of like products. For purposes of this section, like products are those that are made up of one of the following:  A. Beer, ale or other beverage  produced by fermenting malt,  B. Carbonated Soda; D. Flavored and unflavored water;  

4. Registration of commingling agreements. Not later than 48 hours following the execution or amendment of a commingling agreement, including an amendment that adds an additional party to an existing agreement, the parties shall file a copy of the commingling agreement or amendment with the department.

SECTION 11. This act shall take effect on July first, two thousand and seven.