MA Senate Adopts Plastic Bag Ban & Expanded Bottle Bill 

Contact Your Representatives in the House to Voice your Opinions on
The Plastic Bag Ban & Fee, And an Expanded Bottle Bill

Last week, the MA Senate passed legislation to address single use plastics in the Commonwealth, advancing S.2833, An Act to reduce plastics.  Central to the bill is a ban on all plastic carryout bags, and the imposition of a minimum $0.10 charge for recyclable paper bags, with $0.05 due to be remitted to the state. 
 
The Senate followed up this week with the passage of a climate bill that includes an expansion of the state’s Bottle Bill, raising the deposit from $0.05 to $0.10 per container, and expanding the deposit from just beer and soda to apply to most beverage containers.

 
The plastics bill does the following:

• Bans plastic carryout bags
• Provides allowances for common exemptions like pharmacy/prescription medication, bag used to protect items from damage/contamination, unwrapped food, to protect articles of clothing on a hanger, frozen food items, raw meat, uncooked seafood or similar products, etc.
• Allows for use of recycled paper bag, or a reusable bag, defined as:
• “Reusable bag”, a bag that: (i) is made of machine-washable cloth, fabric, hemp or other woven or non-woven fibers; (ii) has handles that are stitched with thread and not heat-fused; and (iii) is designed and manufactured for multiple uses; provided, however, that a “reusable bag” shall not include a bag made of plastic film of any thickness
• Recycled paper bags allowed, customer must be charged not less that $0.10 per recycled paper bag
• $0.05 per paper bag must be remitted by the retailer to the MA DOR to fund environmental protection efforts
• Includes small business exemption threshold for those not wanting to charge a fee
• “Food service ware”
• Defined as disposable products used for serving or transporting foods or beverages for human consumption, including, but not limited to, plates, bowls, trays, cups, cartons, hinged or lidded containers, straws, stirrers, cup spill plugs, cup sleeves, condiments containers, utensils, etc.
• A retailer shall not provide a customer with disposable food service ware unless requested by the customer
• State preemption – Included:  A municipality shall not pass, adopt, promulgate or otherwise effectuate an ordinance, by-law or other rule or regulation inconsistent with this chapter.

The expansion of the Bottle Bill proposes to add the new $0.10 deposit onto most beverage containers, under these new definitions:
 
“Beverage”, any drinkable liquid intended for human oral consumption; provided, however, that “beverage” shall not include: (i) a drug regulated under the Federal Food, Drug, and Cosmetic Act of 1938, 21 U.S.C. 301 et seq; (ii) infant formula; (iii) a meal replacement liquid; or (iv) products for which the first ingredient is derived from animal milk.
 
“Beverage container”, an individual, separate, sealed glass, metal, plastic or multi-material bottle, can or jar designed to hold not more than 3.79 liters; provided, however, that “beverage container” shall not include any container: (i) of not more than 150 milliliters that contains no alcohol content; (ii) that is a carton or pouch; and (iii) that is aseptic.
 
Both bills now move to the MA House of Representatives.  All members are encouraged to contact their Representatives in the MA House to voice your concerns with these costly proposals!
  

Click here to locate your legislator based on your zip code and send an email.

Tipped Wage Passes Hurdles To November Ballot 

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SJC Confirms App-Based Driver Questions Are Eligible for November Ballot

 
All five versions of the industry-sponsored proposal to classify app-based drivers as independent contractors have been approved by the Massachusetts Supreme Judicial Court (SJC) to proceed to the ballot this November. Sponsors have committed to placing only one of these proposals before the voters this fall, but they have yet to identify which version they intend to pursue.  Last election cycle a similar measure was ruled unconstitutional by the SJC and prohibited from advancing to the ballot.  With the SJC’s approval of eligibility this cycle, sponsors must now await final certification from the Secretary of the Commonwealth that the required number of voter signatures, needed to qualify the proposal for the ballot, have been submitted.  Recognizing the important role app-based drivers play in supporting today’s retail industry, providing both economic benefits and services, the RAM Board has adopted a position of support of these proposals which are designed to ensure the long term sustainability of app-based driver model.  

A Message from the MA DOR to all Meals Tax Filers….

New MassTaxConnect Account Type:
Meals, Food & Beverage Tax

When?        
Beginning with the July 2024 period, the Meals, Food & Beverage (MFB) account type will replace the Meals Tax (MLS) account type for reporting and remitting sales tax on meals.

• A new certificate with the MFB account type will be mailed to each location to be posted at that location upon receipt.
• If you are required to make an advance payment by July 25, 2024, you will pay using the new MFB account type.
• Your July 2024 return, due August 30, 2024, will reflect the new MFB account type.

What other changes will there be?

• Because our records indicate that you have an MLS account in MassTaxConnect, we will automatically register you for a new MFB account type before the July 2024 period.
• Your MLS account will still be available for filing or amending returns and paying tax for periods before July 1, 2024.
• Businesses with multiple locations will have one MFB account and will file a single return that includes all locations starting with the July 2024 period.

What do I have to do now?
Nothing for now. We wanted you to know about the MassTaxConnect changes coming for the July 2024 period. We will continue to provide you with timely information.

What else should I know?

• How-to video tutorials will be available soon with instructions for filing returns and obtaining certificate registrations.
• An Excel template will be available for the July 2024 period for taxpayers with multiple locations under one account to file a return. This option will replace the current bulk file method.
• Please make a note to grant access to your new MFB account in MassTaxConnect as needed before any filing or payment due dates.

Reminder for CHIA Employer Survey
 

RAM is proud to partner with the Center for Health Information and Analysis (CHIA) to sponsor the 2024 Massachusetts Employer Survey! The Massachusetts Employer Survey (MES) is currently in the field, asking Massachusetts employers to share their experiences and challenges in offering health insurance to their employees. These efforts go a long way in informing employers and policymakers on priority issues and matters of concern regarding heath care coverage in the Commonwealth. The survey is by invitation only.  If you have been invited to take the survey, please learn more and complete the survey here. 

Unlock Your Business Potential at the Andover Country Club

Unlock your entrepreneurial spirit alongside accomplished female leaders from our vibrant community, who share insights and inspiration.

The journey begins with invigorating and candid conversations over coffee in the scenic setting of the Andover Country Club. Prepare for a packed program featuring illuminating speakers, interactive roundtable discussions, enjoyable lunch and invaluable networking opportunities
 

Sign Up Today!

 
Early registrants will be invited to an exclusive post-event webinar with program speakers to further explore questions and brainstorm topics relevant to your business!  A true business accelerator!  Do not miss this opportunity!