Bill > H2875

This bill aims to increase recycling in the Commonwealth by modifying the definition of "beverage" under the bottle law, which refers to the system for redeeming containers for a deposit. It expands the definition of "beverage" to include soda water, similar carbonated soft drinks, non-alcoholic liquid beverages, mineral water, beer, and other malt beverages, while explicitly excluding dairy-based drinks, infant formula, FDA-approved medicines, wine, and alcoholic beverages other than beer and malt beverages. The bill also introduces new definitions for "diversion rate," which is the percentage of empty non-deposit containers (bottles, cans, jars, or cartons made of glass, metal, plastic, or a combination, not subject to a deposit) that are separated from the waste stream for reuse or recycling, and "redemption rate," which is the percentage of beverage containers returned for their deposits. The Executive Office of Environmental Affairs will be responsible for determining these rates. A new section is added to establish a process for determining these rates by January 1, 2019, with the Secretary of Environmental Affairs required to determine the rates for 2018 by the end of that year and for each subsequent year. Crucially, if, by December 31, 2023, the average diversion rate over any two-year period is found to be equal to or greater than the average redemption rate during the same period, a specific section of the bill will be repealed, meaning the expanded definition of "beverage" will not go into effect. The remainder of the act takes effect on December 31, 2017.