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Bill

S 590

Repeals certain provisions regarding adoption of new or revised city charter proposed by charter commission which limit submission of questions to city's electors

2025 Regular Session Introduced by Jabari Brisport and 5 co-sponsors

Massachusetts bans single-use carryout bags, sets a 10-cent minimum price for reusable/recycled-paper bags during transition, and lets MassDEP regulate enforcement.

SUBSTITUTED BY A3665A
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Bill Summary · S 590

Summary — S.590 (Senate Docket No. 2377) — "An Act relative to plastic bag reduction"

Note: the public metadata for this filing contains some inconsistent entries (an initial title referring to city charter procedure and a sponsors list from another jurisdiction). This summary is based on the bill text contained in the docket (Senate No. 590 / “An Act relative to plastic bag reduction”) and the Massachusetts legislative actions showing the bill was later substituted by A3665A.

Purpose

To reduce single‑use carryout bag waste in Massachusetts by (1) phasing out single‑use carryout bags at retail establishments, (2) requiring minimum pricing for alternative disposable/ reusable bags during transition, and (3) establishing definitions, exemptions, and an enforcement/regulatory framework under the Department of Environmental Protection (MassDEP).

Key definitions

  • Carryout bag: any bag provided to customers to carry purchased/serviced items. Specific exclusions include pharmacy prescription bags, bags to protect unwrapped food, clothing on hangers, frozen items, and small-item protection.
  • Single‑use carryout bag: any carryout bag (plastic, paper, or other material) that is not a “reusable grocery bag” or a “recycled paper bag.”
  • Recycled paper bag: 100% recyclable, contains minimum 40% postconsumer recycled material (8‑lb or smaller bags: 20%), and must display recycling/content information on the outside.
  • Reusable grocery bag: non‑plastic film bag with stitched handles, machine‑washable textile or woven/non‑woven material ≥ 45 grams/m², designed for multiple uses.
  • Postconsumer recycled material: material that has completed its intended use and would otherwise be waste.

Main provisions and timeline

  • Transition period:
    • From enactment to 180 days: retailers may make available single‑use carryout bags, recycled paper bags, or reusable bags (no minimum price specified).
    • 180 days to 18 months after enactment: if retailers make available any of these bags, each must be sold for at least $0.10.
    • 18 months after enactment onward: retailers shall not sell or distribute carryout bags that are not either a reusable grocery bag or a recycled paper bag. Recycled paper bags and reusable grocery bags must be priced at least $0.10 each when provided.
  • Retailer retention: All funds collected from bag charges remain with the retail establishment.
  • Customer right: Customers may bring personal bags of any material.

Scope / who is affected

  • Applies broadly to “retail establishments”: grocery stores, department stores, pharmacies, convenience stores, restaurants (take‑out), coffee shops, farmers markets, food trucks/mobile vendors, web/catalog/delivery operations, nonprofit retail activities, and K‑12/institutional cafeterias.
  • Exemptions: pharmacies’ prescription bags, bags required by federal/state law, and nonprofit distribution of prepared foods/groceries/clothing at no or substantially reduced cost.
  • Small business exemption: MassDEP must provide an exemption process for qualifying small retailers. Self‑audit eligibility criteria include: owner has ≤3 locations, each store <4,000 sq ft, ≤15 employees per location, and either not a food establishment OR provided <15,000 carryout/checkout bags to consumers in the previous calendar year.

Enforcement and rulemaking

  • MassDEP shall promulgate regulations for enforcement and establish the small business exemption process described above.

Procedural status (selected)

  • Introduced: 1/17/2025 (Senate Docket No. 2377 / Senate No. 590).
  • Referred to Environment and Natural Resources; hearings and committee actions listed in the docket.
  • Substituted by A3665A (6/12/2025) — the House bill A3665A is the active vehicle as of that date.

Potential impacts

  • Reduces single‑use bag waste and associated litter; encourages reusable bag usage.
  • Retailers must change bag supply practices; potential small cost recovery through minimum bag charges which remain with retailers.
  • Small retailers may qualify for exemption if they meet the stated criteria.
  • Consumers will face a minimum per‑bag price during the transition and after; they retain the option to bring reusable personal bags.

If you want, I can:
- Compare S.590’s text to the substituted A3665A to identify differences, or
- Draft a short one‑page stakeholder summary (for retailers, consumers, or municipalities).

Compiled from official sources — confirm details with the bill’s official record.

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