Bill Text: MI SB0853 | 2015-2016 | 98th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Environmental protection; pollution prevention; ordinances regulating plastic bags and other containers; preempt. Creates new act.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Passed) 2016-12-30 - Assigned Pa 0389'16 With Immediate Effect [SB0853 Detail]

Download: Michigan-2015-SB0853-Engrossed.html

---

SB-0853, As Passed House, December 1, 2016

SB-0853, As Passed Senate, May 10, 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 853

 

 

March 15, 2016, Introduced by Senators STAMAS, HORN, BRANDENBURG, SHIRKEY and SCHMIDT and referred to the Committee on Commerce.

 

 

 

     A bill to preempt local ordinances regulating the use,

 

disposition, or sale of, prohibiting or restricting, or imposing

 

any fee, charge, or tax on certain containers.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Auxiliary container" means a bag, cup, bottle, or other

 

packaging, whether reusable or single-use, that meets both of the

 

following requirements:

 

     (i) Is made of cloth, paper, plastic, cardboard, corrugated

 

material, aluminum, glass, postconsumer recycled material, or

 

similar material or substrates, including coated, laminated, or

 

multilayer substrates.

 

     (ii) Is designed for transporting, consuming, or protecting

 

merchandise, food, or beverages from or at a food service or retail

 

facility.

 

     (b) "Local unit of government" means a county, township, city,

 

or village.

 

     Sec. 2. Subject to section 3, a local unit of government shall

 

not adopt or enforce an ordinance that does any of the following:

 

     (a) Regulates the use, disposition, or sale of auxiliary

 

containers.

 

     (b) Prohibits or restricts auxiliary containers.

 

     (c) Imposes a fee, charge, or tax on auxiliary containers.

 

     Sec. 3. (1) Section 2 shall not be construed to prohibit or

 

restrict any of the following:

 

     (a) A curbside recycling program.

 

     (b) A designated residential or commercial recycling location.

 

     (c) A commercial recycling program.

 

     (2) Section 2 does not apply to any of the following:

 

     (a) An ordinance that prohibits littering, as described in

 

section 8902 of the natural resources and environmental protection

 

act, 1994 PA 451, MCL 324.8902.

 

     (b) The use of auxiliary containers on property owned by a

 

local unit of government.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.