NERSA Submits Testimony on Massachusetts Plastics Ban
Earlier this summer, NAMA, NERSA, and MVA submitted a joint letter to the Massachusetts Joint Committee on Environment and Natural Resources that voiced concerns about H.882, An Act relative to the reduction of plastics. We cautioned against a ban on selling single-use plastic water bottles, which could severely limit consumer choice.
We also raised concerns about vague wording in the bill that could be interpreted as a ban on all non-biodegradable/non-compostable disposable food packaging. We requested the committee narrow the language to better reflect the goal of the bill, which is to ban non-biodegradable food service ware.
In 2023, no Northeast state restricted the sale of single-use plastic bottles, though Connecticut, Maine, Massachusetts, and Rhode Island all considered legislation to do so. Except for the year-round Massachusetts legislature, all Northeast states have adjourned or recessed their legislatures for the year.
Bottle Bill Reforms
States across the Northeast considered reforms to their bottle bills this year:
Maine increased its handling fee from 4.5 cents to 6 cents per container beginning September 1, 2023. Annual handling fee increases will be tied to inflation beginning in 2025. The new law also requires all initiators of deposit to enter into a commingling agreement by April 15, 2024, and requires all commingling groups to establish a nonprofit commingling cooperative to provide for the management of beverage containers under a single commingling program, also by April 15, 2024.
Connecticut prepared for the increase of its beverage deposit value from five cents to ten cents beginning January 1, 2024. The increase was adopted in 2022, but this year, the legislature clarified that containers labeled with a five cent deposit can still be sold after January 1, 2024 if they were part of inventory on December 31, 2023. Connecticut also mandated that starting January 1, distributors and dealers shall try to educate consumers about the increased redemption value.
Vermont Governor Phil Scott vetoed a bill that would have expanded Vermont’s bottle redemption program to include most uncarbonated beverage containers and would have increased the handling fee from four to five cents. The legislature is unlikely to override his veto, but we expect the issue to come up again in 2024. You can read Governor Scott’s veto message here.
New Laws Adopted This Session
Except for Massachusetts and its full-time legislature, all states in the Northeast have adjourned their annual legislative sessions. Below is a compilation of bills signed into law in the NERSA region this year that may be of interest to members of the convenience services industry, as well as the POSITION that NERSA took on them. The list is not necessarily comprehensive, and it excludes the bottle bill reforms discussed above.
Connecticut
- House Bill 6796 – Heightens requirements for sales of catalytic converters. SUPPORT
- Senate Bill 2 – Effective October 1, 2023, expands paid sick leave to include: WATCHING
- A “mental health wellness day,” to attend to emotional and psychological well-being in lieu of a regularly scheduled shift; and
- Where the child of a worker is the victim of family violence or sexual assault, for various medical, psychological, and victim services activities, including relocating or participation in legal proceedings relating to the violence.
Maine
- LD 1615 – Repeals the limit of twelve medications that can be sold in a single vending machine. SUPPORT
- LD 258 – Effective in 2026, mandates twelve weeks of paid family leave per year, available immediately upon employment, and available for the employee’s own conditions as well as the conditions of those with whom he has “a significant personal bond that is or is like a family relationship regardless of biological or legal relationship.” To fund the program, the state will impose a 1% payroll tax beginning January 1, 2025. WATCHING
- LD 1248 – Requires bottled water companies to monitor and report on PFAS contamination and prohibits them from selling water with levels exceeding state and federal standards. WATCHING
New Hampshire
- Senate Bill 188 – Heightens restrictions for sales of catalytic converters. SUPPORT
Rhode Island
- House Bill 5034 – Requires that only facilities located within Rhode Island be eligible for permits to operate as official inspection stations for vehicles. WATCHING
- Senate Bill 14 – Beginning January 1, 2025, bans polystyrene foam in disposable food service containers and bans plastic beverage stirrers in covered establishments. WATCHING
- Senate Resolution 671 – Creates a special joint legislative commission to study and provide recommendations to the legislature by June 30, 2024 on container deposit programs, extended producer responsibility, market-based recycling opportunities, and more. WATCHING
Vermont
- Senate Bill 48 – Regulates the sale of catalytic converters. SUPPORT
- House Bill 471 – Clarifies that Sales and Use Tax applies to alcoholic beverages sold in sealed containers for off premises consumption and maintains the 2023 workers’ compensation contribution rate through 2024, among other tax changes. WATCHING
View all legislation tracked in your state on NAMA’s website.