Bill Text: MA H2686 | 2009-2010 | 186th General Court | Introduced
Bill Title: Establish an excise tax on plastic carryout bags in certain retail stores
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-12-13 - [H2686 Detail]
Download: Massachusetts-2009-H2686-Introduced.html
HOUSE DOCKET, NO. 1158 FILED ON: 1/13/2009
HOUSE . . . . . . . . . . . . . . No. 2686
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The Commonwealth of Massachusetts
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PRESENTED BY:
Jennifer Benson
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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 passage of the accompanying bill:
An Act relative to an excise on plastic carryout bags in supermarkets.
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PETITION OF:
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Name: |
District/Address: |
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Jennifer Benson |
37th Middlesex |
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Denise Provost |
27th Middlesex |
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Barbara A. L'Italien |
18th Essex |
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William N. Brownsberger |
24th Middlesex |
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Robert P. Spellane |
13th Worcester |
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Robert M. Koczera |
11th Bristol |
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Pam Richardson |
6th Middlesex |
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Patricia D. Jehlen |
Second Middlesex |
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Tom Sannicandro |
7th Middlesex |
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Carl M. Sciortino, Jr. |
34th Middlesex |
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Alice K. Wolf |
25th Middlesex |
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Katherine Clark |
32nd Middlesex |
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Sean Garballey |
23rd Middlesex |
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Jennifer M. Callahan |
18th Worcester |
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Cheryl A. Coakley-Rivera |
10th Hampden |
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Denise Provost |
27th Middlesex |
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Cory Atkins |
14th Middlesex |
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Lori Ehrlich |
8th Essex |
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Matthew C. Patrick |
3rd Barnstable |
The Commonwealth of Massachusetts
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In the Year Two Thousand and Nine
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An Act relative to an excise on plastic carryout bags in supermarkets.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
For the purposes of this chapter, the following words shall have the following meanings:-
"ASTM Standard", the American Society for Testing and Materials (ASTM)'s International standard D6400 for compostable plastic, as that standard may be amended from time to time.
"Commissione r", the commissioner of revenue.
"Compostable plastic carryout bag", a plastic carryout bag which conforms to the current ASTM-Standard Specifications for compostability and is certified and labeled as meeting the ASTM-Standard by a recognized verification entity such as the Biodegradable Product Institute.
"Plastic carryout bag", a plastic carryout bag provided by a supermarket to a customer at the point of sale for the purpose of carrying purchased items from the supermarket. Plastic carryout bag shall n ot include plastic bags in which loose produce is placed by the customer to deliver such items to the point of sale area of a supermarket.
"Reusable bag", a bag with handles that is specifically designed and manufactured for multiple reuse and is either made of cloth or other machine washable fabric and/or made of durable plastic that is at least 2.25 mils thick.
"Supermarket", a grocery store that grossed in excess of $1,000,000 during the previous tax year.
Section 2. Every supermarket shall pay to the commissioner an excise equal to 5 cents per plastic carryout bag provided to customers during the tax year.
Section 3. No customer shall pay an excise on: (1) the customer's own plastic or compostable plastic carryout bag that the customer brought i nto the supermarket and uses to carry purchased items from the supermarket; (2) paper bags; (3) any bag if the customer requests that plastic carryout bags not be used; (4) any compostable plastic carryout bag provided to the customer by a supermarket; or (5) any reusable bag the customer uses to carry purchased items out of the supermarket.
Section 4. All sums received from each supermarket pursuant to the excise imposed by this chapter shall be credited to the General Fund.
Section 5. The commissioner s hall promulgate regulations to carry out this chapter.
SECTION 2 . This act shall take effect on January 1, 2010.
