By Vincent Stanton, Jr.
The United States generates more plastic waste than any other country in the world: 42 million tons, or 286 pounds per person, in 2016. That includes plastic waste the US exports to other countries with weak recycling systems (see links at end of article for details). Plastic waste lasts a long time and has many noxious effects (See “Think Twice About Single-Use Plastics,” Belmont Citizens Forum Newsletter, November 2021). The Massachusetts legislature, a recycling leader in 1981 when it passed the “bottle bill” over Governor Ed King’s veto, has become a laggard. (See “Time To Pass An Updated Bottle Bill”.) Maine, Oregon, and California are among the states with far more comprehensive recycling measures and limits on single-use plastics.
Municipalities step up
While state-level leadership has stalled, Massachusetts’ cities and towns, including Belmont, have moved forward with new initiatives to reduce plastic waste. The most widely implemented municipal measure is to ban single-use plastic bags. According to the Massachusetts chapter of the Sierra Club, as of October, 2021, 146 out of 351 Massachusetts cities and towns, representing over 60% of the state’s population, regulate or outright ban single-use plastic shopping bags. Belmont is one of them, having passed a ban in May 2018. The only state with more municipal plastics bans (of all kinds) than Massachusetts is California.
The Sierra Club has collected data on Massachusetts municipal bans on four other types of plastic, summarized in the table below (there is overlap among categories because some bans focus on the type of plastic, others on the use). The table oversimplifies the variety of these municipal bans; each city or town has crafted its own law (though often modeled on another ban). Thus there is truly a patchwork of legislation across the state.
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In the communities that have enacted bans, the business community has generally been opposed, but not always. There are no data on whether the bans have affected business viability, but the mayor of Attleboro, Paul Heroux, who has made Attleboro a leader in limiting use of disposable plastics, told the Attleboro Sun Chronicle, “Critics have said that this will hurt businesses. I counter by saying several businesses have already started the move, businesses in other communities that have enacted similar measures have not seen their businesses suffer, and we want environmentally responsible businesses in Attleboro who care about sustainability.”
Perhaps more consequentially, several states now have bans on disposable plastics. For example, Maine recently banned expanded polystyrene food containers. Large national chains like Starbucks and Dunkin have been moving away from plastics for years. Starbucks banned plastic straws last year and is working to eliminate the layer of plastic that lines the interior of its paper cups. Dunkin eliminated styrofoam cups in 2020, replacing them with double-walled paper containers and recyclable tops.
Photo: ByRev/ Pixabay
What (else) can Belmont do?
Belmont’s disposable plastic bag ban was a great start. Limits on other categories in the table would be a logical next step. My first choice, based on experience picking up trash in Belmont, would be single-use plastic bottles, with styrofoam containers a close second.
Such legislation would have an immediate effect in Belmont, reducing litter. It might also incrementally push the legislature—in the form of another (organic) straw on the camel’s back—closer to finally addressing the issue statewide.
Getting a state law passed
How can it be so challenging to pass a state law when Massachusetts municipalities are, on a per capita basis, leading the nation in enacting such bans, when over 60% of the state’s population lives in communities that have already passed some kind of ban, when other states have already blazed the trail, and when the big food and drink retailers have been moving away from disposable plastics? The influence of local businesses is certainly a factor, and plastics industry groups demonstrated their power in 2014 when the last Bottle Bill referendum failed. Those groups seem to have the ear of leadership, especially in the Massachusetts House.
Belmont residents can lobby their state legislators, though they hardly need convincing. State Representative David Rogers has introduced at least three relevant bills in the current session of the legislature: H.996 (An Act to improve plastic bottles and their recycling), H.997 (An Act to incentivize the reduction of residential waste disposal), and H.998 (An Act restricting distribution of single-use plastic straws). All have been referred to the Environment, Natural Resources and Agriculture Committee, one of two house committees with jurisdiction over recycling initiatives. The other committee, the Telecommunications, Utilities and Energy Committee held a public hearing on September 13, 2021, which may have provided a clue to how state-wide legislation can be advanced.
Robert Mellion, executive director of the Massachusetts Package Stores Association testified, surprisingly, that his group now supports expansion of the bottle bill—specifically H.3284, concerning nip bottles. The Eagle-Tribune reported on his testimony:
“Bob Mellion, executive director of the Massachusetts Package Stores Association, told lawmakers that his organization isn’t standing in the way of the latest push to expand the bottle bill, but it wants handling fees charged by retailers to increase to cover the cost of recycling bottles, cans and other containers.
“‘We support a bottle bill expansion, with some key issues being addressed,’ Mellion said during Monday’s livestreamed hearing. ‘These user fees haven’t been increased since the advent of the bottle bill.’”
While Mellion cited the need for a higher deposit to cover retailer’s costs (stores receive a handling fee of $0.0225 per unit, paid by distributors), it seems fair to speculate that the recent move by five towns to limit or ban nip bottles might have also been a factor. Mellion disclosed that nip bottle sales account for over one third of total sales in some liquor stores.
The Package Store Association has a voice, but the supermarket lobby is more powerful and has deeper pockets. They too may be changing their tune on plastics. A 2021 article in Waste Today magazine, a trade journal, quoted a representative of the Massachusetts supermarket industry group concerning plastic bags:
“‘There’re so many different local restrictions now, and that makes it difficult for the industry, especially multi-store or multi-state operators,’ Brian Houghton, senior vice president for governmental affairs and communications for the Massachusetts Food Association, which represents supermarkets and other food retailers, says. ‘It’s really getting to a tipping point.’”
Based on the comments of Messrs. Mellion and Houghton, the recipe for an expanded state plastics ban involves continuing pressure from municipalities enacting local bans and an increased deposit or fee system, with more of the money going to retailers via processing fees.
Lexington Representative Michelle Ciccolo is cautiously optimistic that an expanded bottle bill and plastic bag limits can pass the legislature this year. She notes that while municipalities have indeed led the way, one challenge for the legislature is finding middle ground for state laws that would preempt the patchwork local laws; the communities that have enacted more restrictive measures want to keep them, while those with more business-friendly laws are similarly disinclined to change.
Ciccolo cofounded the legislature’s Zero Waste Caucus two years ago and introduced a bill (H.869) that would comprehensively limit or ban all of the plastics categories in the table and more, in contrast to the narrower bills that dominate the legislative docket.
Vincent Stanton, Jr. is a director of the Belmont Citizens Forum.
Appendix
A partial list of relevant bills introduced in the House in the current two-year session, obtained from the legislature’s website, includes:
Bill #,Sponsor, Title, Committee of Jurisdiction
H-3289 Marjorie Decker An Act to expand the bottle bill. Telecommunications, Utilities and Energy
H.3284 Josh S. Cutler An Act relative to containers, litter, ecology and nips (CLEAN Act) Telecommunications, Utilities and Energy
H.3332 Jack P. Lewis An Act promoting the proper disposal of miniatures Telecommunications, Utilities and Energy
H.3345 Joseph D. McKenna An Act promoting the proper disposal of miniatures Telecommunications, Utilities and Energy
H.3277 Michelle L. Ciccolo An Act to encourage plastic bottle recycling Telecommunications, Utilities and Energy
H.869 Michelle L. Ciccolo An Act to reduce single-use plastics from the environment Environment, Natural Resources and Agric
H.870 Michelle L. Ciccolo An Act to support restaurants and reduce single-use plastics… Environment, Natural Resources and Agric
H.902 Lori A. Ehrlich An Act relative to plastic bag reduction Environment, Natural Resources and Agric
H.989 Smitty Pignatelli An Act to restrict … single-use plastic straws in Massachusetts Environment, Natural Resources and Agric
H.992 Smitty Pignatelli An Act reducing plastic bag pollution Environment, Natural Resources and Agric
H.907 Dylan Fernandes An Act … to reduce single-use plastics Environment, Natural Resources and Agric
H.996 David M. Rogers An Act to improve plastic bottles and their recycling Environment, Natural Resources and Agric
H.997 David M. Rogers An Act to incentivize the reduction of residential waste disposal Environment, Natural Resources and Agric
H.998 David M. Rogers An Act restricting distribution of single-use plastic straws Environment, Natural Resources and Agric
… and in the Massachusetts Senate (many of these are companions to bills introduced in the house):
Bill #, Sponsor, Title, Committee of Jurisdiction
S.2149 Cynthia S. Creem An Act to expand the Bottle Bill Telecommunications, Utilities and Energy
S.2159 Sal N. DiDomenico An Act relative to the proper disposal of miniatures Telecommunications, Utilities and Energy
S.2215 Patrick M. O’Connor An Act to create a deposit for glass wine and liquor bottles Telecommunications, Utilities and Energy
S.579 Jason Lewis An Act to reduce single-use plastics from the environment Environment, Natural Resources and Agriculture
S.525 James B. Eldridge An Act relative to plastic bag reduction Environment, Natural Resources and Agriculture
S.494 Michael J. Barrett An Act to combat disposable plastic straw waste Environment, Natural Resources and Agriculture
As is evident from the titles, most of these bills aim to fix one part of the plastic waste problem. Some cover plastic bags, some plastic bottles or straws, some “nip” bottles, or “miniatures” (small liquor bottles), and so forth. In fact, some are industry-friendly half-solutions meant to forestall more restrictive measures. Many of these bills have been introduced in multiple sessions of the legislature (e.g. S.525 was first introduced in 2009).
A notable exception is H.869, introduced by Representative Michelle Ciccolo of Lexington, which is an omnibus ban on single use plastics covering all the categories mentioned above and more. Her bill, introduced in the Massachusetts Senate by Jason Lewis (S.579), has 10 sections:
Title Effect
SECTION 1. Prevent Plastic Grocery Bags from Entering the Environment
SECTION 2. Reduce Polystyrene in the Environment bans use of foam or solid polystyrene by restaurants
SECTION 3. Reduce Plastic Straws in the Environment bans use of plastic straws or stir sticks by restaurants
SECTION 4. To Prevent the Release of Helium Balloons into the Environment bans gas filled balloons
SECTION 5. To Prevent the Release of Nips into the Environment bans sale of nips (miniature alcohol containers of not more than 100 milliliters)
SECTION 6. To Prevent the Release of Wipes Containing Plastic into the Environment bans sale of wipes; only allowed in medical setting
SECTION 7. To Prevent the Release of Hotel Toiletry Bottles into the Environment
SECTION 8. To Prevent the Release of Plastic Water Bottles Into the Environment bans sale of water bottles <1 liter (except carbonated)
SECTION 9. To Prevent the Release of Black Plastic into the Environment bans sale of black plastics
SECTION 10. To Support Our Restaurants requires restaurants to charge a minimum of $1 for disposable plasticware
This bill would outright ban a very significant fraction of the trash found on Belmont’s streets and parks. In contrast, H.907, with a similar title and scope, is a much more industry-friendly bill.
All of the bills relating to limiting disposable plastics fall under the jurisdiction of either the Telecommunications, Utilities and Energy Committee or the Environment, Natural Resources and Agriculture Committee. Both committees have held hearings on the above bills, and other related bills, in the last few months. Expert witnesses and members of the public were invited to testify.
Specifically, the Environment, Natural Resources and Agriculture Committee held a public hearing on June 22, 2021 (link to a video recording; the House and Senate committees met in joint session).
The Telecommunications, Utilities and Energy Committee held a public hearing on September 13, 2021 (link to a video recording; again, the House and Senate committees met in joint session). Robert Mellion, executive director of the Massachusetts Package Stores Association, testifies about his group’s support for expansion of the bottle bill (specifically H.3284, concerning nip bottles) in this video, from -3:07:00 until -3:02:15.
US generation of plastic waste
Law, K.L. et al. (2020) The United States’ contribution of plastic waste to land and ocean. Science Advances vol. 6 (44): 1-7.
https://www.science.org/doi/10.1126/sciadv.abd0288
MetroWest Daily News report on Framingham’s consideration of a polystyrene ban
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