Bill Text: MI HB4331 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Trade: containers; beverages and beverage containers subject to bottle deposit and distribution of revenue; expand and revise. Amends secs. 1, 2, 2a, 3c, 3e & 3f of 1976 IL 1 (MCL 445.571 et seq.) & adds sec. 3g.
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Introduced - Dead) 2021-02-25 - Bill Electronically Reproduced 02/24/2021 [HB4331 Detail]
Download: Michigan-2021-HB4331-Introduced.html
HOUSE BILL NO. 4331
February 24, 2021, Introduced by Reps. Morse,
Rogers, Rabhi, Coleman, Brabec, Cavanagh, Aiyash, Steckloff, O'Neal, Weiss,
Bolden, Sowerby, Camilleri, Hope, Hood, Koleszar, Cynthia Johnson, Hammoud,
Pohutsky and Yancey and referred to the Committee on Regulatory Reform.
A bill to amend 1976 IL 1, entitled
"A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,"
by amending sections 1, 2, 2a, 3c, 3e, and 3f (MCL 445.571, 445.572, 445.572a, 445.573c, 445.573e, and 445.573f), section 1 as amended by 1989 PA 93, section 2 as amended by 1998 PA 473, section 2a as added by 2008 PA 389, section 3c as amended and sections 3e and 3f as added by 1996 PA 384, and by adding section 3g.
the people of the state of michigan enact:
(a) "Beverage" means a soft drink, soda or other carbonated or noncarbonated water; , carbonated natural or mineral water, or other nonalcoholic carbonated drink; beer, ale, wine, spirits, or other malt drink of whatever alcoholic content; or a mixed wine drink or a mixed spirit drink; or a nonalcoholic carbonated or noncarbonated drink in liquid form and intended for internal human consumption, except for plant-based milks or dairy-derived products.
(b) "Beverage container" means an any of the following:
(i) An airtight metal, glass, paper, or plastic container, or a container composed of a combination of these materials, which that, at the time of sale, contains 1 gallon or less of a carbonated or alcoholic beverage or more than 0.1 liters but less than 3 liters of a noncarbonated and nonalcoholic beverage.
(ii) An airtight metal, glass, or plastic container that, at the time of sale, contains 1 gallon or less of a nonalcoholic beverage other than a container composed in whole or in part of aluminum and plastic or aluminum and paper in combination if the aluminum content represents 10% or less of the unfilled container weight and the unfilled container weight is 5% or less of the filled container weight.
(c) "Empty returnable container" means a beverage container which that contains nothing except the residue of its original contents.
(d) "Returnable container" means a beverage container upon which a deposit of at least 10 cents has been paid, or is required to be paid upon the removal of the beverage container from the sale or consumption area, and for which a refund of at least 10 cents in cash is payable by every dealer or distributor in this state of that beverage in beverage containers, as further provided in section 2.
(e) "Nonreturnable container" means a beverage container upon which no deposit or a deposit of less than 10 cents has been paid, or is required to be paid, upon the removal of the beverage container from the sale or consumption area, or for which no cash refund or a refund of less than 10 cents is payable by a dealer or distributor in this state of that beverage in beverage containers, as further provided in section 2.
(f) "Person" means an individual, partnership, corporation, limited liability company, association, or other legal entity.
(g) "Dealer" means a person who sells or offers for sale to consumers within this state a beverage in a beverage container, including an operator of a vending machine containing a beverage in a beverage container.
(h) "Operator of a vending machine" means equally its owner, the person who refills it, and the owner or lessee of the property upon which it is located.
(i) "Distributor" means a person, including a manufacturer, who sells beverages in beverage containers to a dealer within this state. , and includes a manufacturer who engages in such sales.
(j) "Manufacturer" means a person who bottles, cans, or otherwise places beverages in beverage containers for sale to distributors, dealers, or consumers.
(k) "Within this state" means within the exterior limits of the state of Michigan, and includes the territory within these limits owned by or ceded to the United States of America.
(l) "Commission" means the Michigan liquor control commission created in section 209 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1209.
(m) "Sale or consumption area" means the premises within on the property of the dealer or of the dealer's lessor where the sale is made, within which where beverages in returnable containers may be consumed without payment of a deposit, and , upon removing a beverage container from which, the customer is required by where a consumer may not remove a beverage container without the dealer requiring him or her to pay the a deposit.
(n) "Nonrefillable container" means a returnable container which that is not intended to be refilled for sale by a manufacturer.
(o) "Mixed wine drink" means a drink or similar product marketed as a wine cooler and containing less than 7% alcohol by volume, consisting of wine and plain, sparkling, or carbonated water and containing any 1 or more of the following:
(i) Nonalcoholic beverages.
(ii) Flavoring.
(iii) Coloring materials.
(iv) Fruit juices.
(v) Fruit adjuncts.
(vi) Sugar.
(vii) Carbon dioxide.
(viii) Preservatives.
(p) "Mixed spirit drink" means a drink containing 10% or less alcohol by volume consisting of distilled spirits mixed with nonalcoholic beverages or flavoring or coloring materials and which that may also contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, or preservatives; or any spirits based a spirit-based beverage, regardless of the percent of alcohol by volume, that is manufactured for sale in a metal beverage container.
(q) "Plant-based
milk" means a liquid intended for internal human consumption of which the
primary protein source is soy, rice, almond, cashew, hazelnut, coconut, or
oats, derivatives thereof, or any other product intended as a substitute for
dairy milk in which the protein is derived primarily from plants.
Sec. 2. (1) A dealer within this state shall not sell, offer
for sale, or give to a consumer a nonreturnable container or a beverage in a
nonreturnable container.
(2) A Except as provided in
subsection (14) for a dealer with a store footprint of less than 4,000 square
feet, a dealer who regularly sells beverages for consumption off the
dealer's premises shall provide on the premises, or within 100 yards of the
premises on which the dealer sells or offers for sale a beverage in a
returnable container, a convenient means whereby the containers of any kind,
size, and brand material sold
or offered for sale by the dealer may be returned by, and the deposit refunded
in cash to, a person whether or not the person is the original customer of that
dealer, and whether or not the container was sold by that dealer.
(3) Regional centers for
the redemption of returnable containers may be established, in addition to but
not as substitutes for, the means established for refunds of deposits
prescribed in subsection subsections
(2) and (14).
(4) Except as provided
in subsections (5) and (7), a dealer shall accept from a person an empty
returnable container of any kind, size, and brand material sold or offered for sale by that dealer and pay
to that person its full refund value in cash.
(5) A dealer who does
not require a deposit on a returnable container when the contents are consumed
in the dealer's sale or consumption area is not required to pay a refund for
accepting that empty container.
(6) Except as provided
in subsection (7), a distributor shall accept from a dealer an empty returnable
container of any kind, size, and brand material sold or offered for sale by that distributor
and pay to the dealer its full refund value in cash.
(7) Each beverage
container sold or offered for sale by a dealer within this state shall must clearly
indicate by embossing or by a stamp, a label, or other method securely affixed
to the beverage container, the refund value of the container and the name of
this state. A dealer or distributor may, but is not required to, refuse to
accept from a person an empty returnable container which
that does not state on the container the
refund value of the container and the name of this state. This subsection does
not apply to a refillable container having a refund value of not less than 10
cents, having a brand name permanently marked on it, and having a securely
affixed method of indicating that it is a returnable container.
(8) A dealer within this
state shall not sell, offer for sale, or give to consumers a metal beverage
container, any part of which becomes detached when opened.
(9) A person, dealer,
distributor, or manufacturer shall not return an empty container to a dealer
for a refund of the deposit if a dealer has already refunded the deposit on
that returnable container. This subsection does not prohibit a dealer from
refunding the deposit on an empty returnable container each time the returnable
container is sanitized by the manufacturer and reused as a beverage container.
(10) A dealer with a store footprint of 4,000 or more square feet may
accept, but is not required to accept, from a person, empty returnable
containers for a refund in excess of $25.00 on any given day. A dealer with a store footprint of less than 4,000 square feet
may accept, but is not required to accept, from a person, empty returnable
containers for a refund in excess of $10.00 on any given day.
(11) A manufacturer
licensed by the commission shall not require a distributor licensed by the
commission to pay a deposit to the manufacturer on a nonrefillable container.
However, a manufacturer licensed by the commission and a distributor licensed
by the commission may enter into an agreement providing that either or both may
originate a deposit or any portion of a deposit on a nonrefillable container if
the agreement is entered into freely and without coercion.
(12) A manufacturer
shall refund the deposit paid on any container returned by a distributor for
which a deposit has been paid by a distributor to the manufacturer.
(13) Subsections (4),
(6), and (7), (15), and
(16) apply only to a returnable container that was originally sold in
this state as a filled returnable container.
(14) A dealer with a store footprint of less than 4,000
square feet who regularly sells beverages for consumption off the dealer's
premises shall provide on the premises, or within 100 yards of the premises on
which the dealer sells or offers for sale a beverage in a returnable container,
a convenient means whereby the containers of any kind, size, and brand sold or
offered for sale by the dealer may be returned by, and the deposit refunded in
cash to, a person whether or not the person is the original customer of that dealer,
and whether or not the container was sold by that dealer.
(15) Except as provided in subsections (5) and (7), a dealer with
a store footprint of less than 4,000 square feet shall accept from a person an
empty returnable container of any kind, size, and brand sold or offered for
sale by that dealer and pay to that person its full refund value in cash.
(16) Except as provided in subsection (7), a distributor
shall accept from a dealer with a store footprint of less than 4,000 square
feet an empty returnable container of any kind, size, and brand sold or offered
for sale by that distributor and pay to the dealer its full refund value in
cash.
Sec. 2a. (1) Except as provided in subsection (2), beginning 90 days after the effective date of the amendatory act that
added this section, March 1, 2010, a
manufacturer of nonalcoholic beverages shall not sell, offer for sale, or give
a nonalcoholic beverage to a consumer, dealer, or distributor in this state in
a 12-ounce metal beverage container that is not a designated metal container if
either of the following is met:
(a) Sales of that brand
of beverage in 12-ounce metal beverage containers in this state in the
preceding calendar year were at least 500,000 cases, as determined by the
department of treasury.
(b) Sales of that brand
of beverage in 12-ounce metal beverage containers in this state in the
preceding calendar year were fewer than 500,000 cases, and 12-ounce metal
beverage containers of that brand of beverage were overredeemed by more than
600,000 containers in the preceding calendar year, as determined by the
department of treasury.
(2) Beginning 90 days after the effective date of the amendatory act that
added this section, March 1, 2010, a
manufacturer of nonalcoholic beverages shall not sell, offer for sale, or give
a nonalcoholic beverage to a consumer, dealer, or distributor in the Upper
Peninsula in a 12-ounce metal beverage container that is not a designated metal
container if either of the following is met:
(a) Sales of that brand
of beverage in 12-ounce metal beverage containers in the Upper Peninsula were
at least 500,000 cases, as determined by the department of treasury.
(b) Sales of that brand
of beverage in 12-ounce metal beverage containers in the Upper Peninsula in the
preceding calendar year were fewer than 500,000 cases, and 12-ounce metal
beverage containers of that brand of beverage were overredeemed in the Upper
Peninsula by more than 600,000 containers in the preceding calendar year, as
determined by the department of treasury.
(3) Except as provided
in subsection (4), beginning 450 days after the
effective date of the amendatory act that added this section, February 24, 2011, a manufacturer of nonalcoholic
beverages shall not sell, offer for sale, or give a nonalcoholic beverage to a
consumer, dealer, or distributor in this state in a 12-ounce glass beverage
container that is not a designated glass container if either of the following
is met:
(a) Sales of that brand
of beverage in 12-ounce glass beverage containers in this state in the
preceding calendar year were at least 500,000 cases, as determined by the
department of treasury.
(b) Sales of that brand
of beverage in 12-ounce glass beverage containers in this state in the
preceding calendar year were fewer than 500,000 cases, and 12-ounce glass
beverage containers of that brand of beverage were overredeemed by more than
600,000 containers in the preceding calendar year, as determined by the
department of treasury.
(4) Beginning 450 days after the effective date of the amendatory act that
added this section, February 24, 2011, a
manufacturer of nonalcoholic beverages shall not sell, offer for sale, or give
a nonalcoholic beverage to a consumer, dealer, or distributor in the Upper
Peninsula in a 12-ounce glass beverage container that is not a designated glass
container if either of the following is met:
(a) Sales of that brand
of beverage in 12-ounce glass beverage containers in the Upper Peninsula were
at least 500,000 cases, as determined by the department of treasury.
(b) Sales of that brand
of beverage in 12-ounce glass beverage containers in the Upper Peninsula in the
preceding calendar year were fewer than 500,000 cases, and 12-ounce glass
beverage containers of that brand of beverage were overredeemed in the Upper
Peninsula by more than 600,000 containers in the preceding calendar year, as
determined by the department of treasury.
(5) Except as provided
in subsection (6), beginning 450 days after the
effective date of the amendatory act that added this section, February 24, 2011, a manufacturer of nonalcoholic
beverages shall not sell, offer for sale, or give a nonalcoholic beverage to a
consumer, dealer, or distributor in this state in a 20-ounce plastic beverage
container that is not a designated plastic container if either of the following
is met:
(a) Sales of that brand
of beverage in 20-ounce plastic beverage containers in this state in the
preceding calendar year were at least 500,000 cases, as determined by the
department of treasury.
(b) Sales of that brand
of beverage in 20-ounce plastic beverage containers in this state in the
preceding calendar year were fewer than 500,000 cases, and 20-ounce plastic
beverage containers of that brand of beverage were overredeemed by more than
600,000 containers in the preceding calendar year, as determined by the
department of treasury.
(6) Beginning 450 days after the effective date of the amendatory act that
added this section, February 24, 2011, a
manufacturer of nonalcoholic beverages shall not sell, offer for sale, or give
a nonalcoholic beverage to a consumer, dealer, or distributor in the Upper
Peninsula in a 20-ounce plastic beverage container that is not a designated
plastic container if either of the following is met:
(a) Sales of that brand
of beverage in 20-ounce plastic beverage containers in the Upper Peninsula were
at least 500,000 cases, as determined by the department of treasury.
(b) Sales of that brand
of beverage in 20-ounce plastic beverage containers in the Upper Peninsula in
the preceding calendar year were fewer than 500,000 cases, and 20-ounce plastic
beverage containers of that brand of beverage were overredeemed in the Upper
Peninsula by more than 600,000 containers in the preceding calendar year, as
determined by the department of treasury.
(7) Beginning 90 days after the effective date of the amendatory act that
added this section, March 1, 2010, a
manufacturer of alcoholic beverages shall not sell, offer for sale, or give an
alcoholic beverage to a consumer, dealer, or distributor in this state in a
12-ounce metal beverage container that is not a designated metal container if
either of the following is met:
(a) Sales of that brand
of beverage in this state in the preceding calendar year were at least 500,000
case equivalents, as determined by the department of treasury.
(b) Sales of that brand
of beverage in this state in the preceding calendar year were fewer than
500,000 case equivalents, and beverage containers of that brand of beverage
were overredeemed by more than 600,000 containers in the preceding calendar year,
as determined by the department of treasury.
(8) Beginning 450 days after the effective date of the amendatory act that
added this section, February 24, 2011, a
manufacturer of alcoholic beverages shall not sell, offer for sale, or give an
alcoholic beverage to a consumer, dealer, or distributor in this state in a
12-ounce glass beverage container that is not a designated glass container if
either of the following is met:
(a) Sales of that brand
of beverage in this state in the preceding calendar year were at least 500,000
case equivalents, as determined by the department of treasury.
(b) Sales of that brand
of beverage in this state in the preceding calendar year were fewer than
500,000 case equivalents, and beverage containers of that brand of beverage
were overredeemed by more than 600,000 containers in the preceding calendar
year, as determined by the department of treasury.
(9) Beginning 450 days after the effective date of the amendatory act that
added this section, February 24, 2011, a
manufacturer of alcoholic beverages shall not sell, offer for sale, or give an
alcoholic beverage to a consumer, dealer, or distributor in this state in a
20-ounce plastic beverage container that is not a designated plastic container
if either of the following is met:
(a) Sales of that brand
of beverage in this state in the preceding calendar year were at least 500,000
case equivalents, as determined by the department of treasury.
(b) Sales of that brand
of beverage in this state in the preceding calendar year were fewer than
500,000 case equivalents, and beverage containers of that brand of beverage
were overredeemed by more than 600,000 containers in the preceding calendar
year, as determined by the department of treasury.
(10) A symbol, mark, or
other distinguishing characteristic that is placed on a designated metal
container, designated glass container, or designated plastic container by a
manufacturer to allow a reverse vending machine to determine if that container
is a returnable container must be unique to this state, or used only in this
state and 1 or more other states that have laws substantially similar to this
act.
(11) A distributor that purchases filled beverage containers
of nonalcoholic beverages in another state for subsequent sale to a dealer
within this state shall originate a deposit of 10 cents on those filled
containers at the time of sale to the dealer and maintain a record of those
deposits for purposes of its required annual filing under section 3a.
(12) A dealer or manufacturer that sells online and arranges
for or delivers beverage containers to addresses within this state shall
originate a deposit of 10 cents on those containers at the time of sale and
maintain a record of those deposits for purposes of its required annual filing
under section 3a.
(13) (11) A person
that violates this section is guilty of a misdemeanor punishable by
imprisonment for not more than 180 days or a fine of not more than $2,000.00,
or both. Section 4 does not apply to a violation described in this subsection.
(14) (12) As used in
this section:
(a) "Alcoholic
beverage" means beer, ale, any other malt drink of whatever alcoholic
content, a mixed wine drink, or a mixed spirit drink.
(b) "Brand"
means any word, name, group of letters, symbol, or trademark, or any combination
of them, adopted and used by a manufacturer to identify a specific flavor or
type of beverage and to distinguish that flavor or type of beverage from
another beverage produced or marketed by that manufacturer or another
manufacturer.
(c) "Designated glass
container" means a 12-ounce glass beverage container that contains a
symbol, mark, or other distinguishing characteristic that allows a reverse
vending machine to determine if the beverage container is or is not a
returnable container.
(d) "Designated metal
container" means a 12-ounce metal beverage container that contains a
symbol, mark, or other distinguishing characteristic that allows a reverse
vending machine to determine if the beverage container is or is not a
returnable container.
(e) "Designated
plastic container" means a 20-ounce plastic beverage container that
contains a symbol, mark, or other distinguishing characteristic that allows a
reverse vending machine to determine if the beverage container is or is not a
returnable container.
(f) "Glass beverage
container" means a beverage container composed primarily of glass.
(g) "Metal beverage
container" means a beverage container composed primarily of metal.
(h) "Nonalcoholic
beverage" means a soft drink, soda water, carbonated natural or mineral
water, or other nonalcoholic carbonated drink.
(i) "Plastic
beverage container" means a beverage container composed primarily of
plastic.
(j) "Reverse
vending machine" means a device designed to properly identify and process
empty beverage containers and provide a means for a deposit refund on
returnable containers.
Sec. 3c. (1) There is created in the department of treasury a
bottle deposit fund which that is a revolving fund administered by the department
of treasury. The money in the bottle deposit fund shall
does not revert lapse to the general fund.
(2) The amount paid to
the department of treasury by underredeemers shall must be deposited by the department of treasury in the
bottle deposit fund created in subsection (1) for annual disbursement by the
department of treasury in the following manner and order
of priority:
(a) Seventy-five percent to the cleanup and redevelopment
trust fund created in section 3e.
(b) Twenty-five percent to dealers to be apportioned to each
dealer on the basis of the number of empty returnable containers handled by a
dealer as determined by the department of treasury.
(a) An amount equal to $0.005 per empty returnable container
redeemed must be deposited in the bottle handling fund created in section 3g.
(b) From the balance remaining after the disbursement under
subdivision (a), to the department of attorney general for audit and fraud
investigations under this act as follows:
(i) If the redemption rate is 95% or higher,
$1,000,000.00.
(ii) If the redemption rate is 90% or higher
but less than 95%, $2,000,000.00.
(iii) If the redemption rate is 85% or higher
but less than 90%, $3,000,000.00.
(iv) If the redemption rate is 80% or higher
but less than 85%, $4,000,000.00.
(v) If the redemption rate is below 80%,
$5,000,000.00.
(c) From the balance remaining after the disbursements under
subdivisions (a) and (b), $25,000,000.00 to the renew Michigan fund created in
section 51g of the income tax act of 1967, 1967 PA 281, MCL 206.51g, for
environmental cleanup and redevelopment.
(d) The balance to the cleanup and redevelopment trust fund
created in section 3e.
(3) Not later than June
1 of each year, the department of treasury shall publish and make available to
the public information related to section 3b(1) and send a report of that
information to the legislature.
(4) The department of
treasury may promulgate rules to implement sections 3a to 3d pursuant to the
administrative procedures act of 1969, Act No. 306 of
the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan
Compiled Laws, 1969 PA 306, MCL 24.201 to 24.328, if
the department of treasury determines that rules are needed to properly
implement and administer sections 3a to 3d.
Sec. 3e. (1) The cleanup and redevelopment trust fund is created
within the state treasury.
(2) The state treasurer
may receive money or other assets from any source for deposit into the trust
fund. The state treasurer shall direct the investment of the trust fund. The
state treasurer shall credit to the trust fund interest and earnings from fund
investments.
(3) Money in the trust
fund at the close of the fiscal year shall remain remains in the trust fund and shall
does not lapse to the general fund.
(4) The state treasurer
shall annually disburse the following amounts from the trust fund:
(a) For each of the state fiscal years 1996-1997, 1997-1998, and
1998-1999, up to $15,000,000.00 each year of money in the trust fund to the
cleanup and redevelopment fund created in section 20108 of part 201
(environmental remediation) of the natural resources and environmental
protection act, Act No. 451 of the Public Acts of 1994, being section 324.20108
of the Michigan Compiled Laws.
(b) In addition to the disbursements under subdivision (a),
each state fiscal year, 80% 25% of the
revenues received by the trust fund from disbursements
under section 3c to the cleanup and redevelopment fund and 10% to the
community pollution prevention fund created in section 3f.
(b) 25% of the revenues received by the trust fund to the
renew Michigan fund created in section 51g of the income tax act of 1967, 1967
PA 281, MCL 206.51g, for recycling.
(c) 25% of the revenues received to be distributed per capita
to municipalities that have achieved 45% municipal recycling rate.
(d) 25% of the revenues received to be distributed per capita
to all municipalities to be used for purposes described under section 3f.
(5) All money in the
trust fund that is not disbursed pursuant to under subsection (4) shall
remain remains in the trust fund until the
trust fund reaches an accumulated principal of $200,000,000.00. After the trust
fund reaches an accumulated principal of $200,000,000.00, interest and earnings
of the trust fund only shall must be expended, upon appropriation, for the purposes
specified in section 20113(4) of part 201
(environmental remediation) of the natural resources and environmental
protection act, Act No. 451 of the Public Acts of
1994, being section 324.20113 of the Michigan Compiled Laws.1994 PA 451, MCL 324.20113.
(6) As used in this
section, "trust fund" means the cleanup and redevelopment trust fund
created in subsection (1).
Sec. 3f. (1) The community pollution prevention fund is
created within the state treasury.
(2) The state treasurer
may receive money or other assets from any source for deposit into the
community pollution prevention fund. The state treasurer shall direct the
investment of the community pollution prevention fund. The state treasurer
shall credit to the community pollution prevention fund interest and earnings
from fund investments.
(3) Money in the
community pollution prevention fund at the close of the fiscal year shall remain remains in
the community pollution prevention fund and shall does not lapse to the general fund.
(4) The department of environmental quality environment,
Great Lakes, and energy shall expend interest and earnings of the
community pollution prevention fund only, upon appropriation, for grants for
the purpose of preventing pollution, with an emphasis on the prevention of
groundwater contamination and resulting risks to the public health, ecological
risks, and public and private cleanup costs. The department of environmental quality environment,
Great Lakes, and energy shall enter into contractual agreements with grant
recipients, who shall include county governments, local health departments,
municipalities, and regional planning agencies. Activities to be performed by
grant recipients and program objectives and deliverables shall must be specified
in the contractual agreements. Grant recipients shall provide a financial match
of not less than 25% nor more than 50%. Not more than $100,000.00 may be
granted in any fiscal year to a single recipient. Eligible pollution prevention
activities include, but are not limited to, all of
the following:
(a) Drinking water
wellhead protection, including the delineation of wellhead protection areas and
implementation of wellhead protection plans pursuant to the safe drinking water
act, Act No. 399 of the Public Acts of 1976, being
sections 325.1001 to 325.1023 of the Michigan Compiled Laws.1976 PA 399, MCL 325.1001 to 325.1023.
(b) The review of
pollution incident prevention plans prepared by, and the inspection of,
facilities whose storage or handling of hazardous materials may pose a risk to
the groundwater.
(c) The identification
and plugging of abandoned wells other than oil and gas wells.
(d) Programs to educate
the general public and businesses that use or handle hazardous materials on
pollution prevention methods, technologies, and processes, with an emphasis on
the direct reduction of toxic material releases or disposal at the source.
(e) Programs and activities to monitor and respond to
migration of contaminants and vapor intrusion.
(f) Programs and activities regarding the reduction of
plastic waste and pollution in this state.
(5) The department of environmental quality environment,
Great Lakes, and energy shall annually prepare a report summarizing the
grants made under this section, contractual commitments made and achieved, and
a preliminary evaluation of the effectiveness of this section not later than
September 30, 1997, and September 30 of each year thereafter, and shall provide
a copy of this report to the chairs of the house and senate appropriations subcommittees
for the department of environmental quality.environment, Great Lakes, and energy.
Sec. 3g. (1) The bottle handling fund
is created within the state treasury.
(2)
The state treasurer may receive money or other assets from any source for
deposit into the bottle handling fund. The state treasurer shall direct the
investment of the bottle handling fund. The state treasurer shall credit to the
bottle handling fund interest and earnings from bottle handling fund
investments.
(3)
Money in the bottle handling fund at the close of the fiscal year remains in
the bottle handling fund and does not lapse to the general fund.
(4)
The department of treasury is the administrator of the bottle handling fund for
auditing purposes.
(5)
The department of treasury shall expend money from the bottle handling fund,
upon appropriation, only for 1 or more of the following purposes:
(a)
80% of the yearly total to dealers to be apportioned to each dealer on the
basis of the number of empty returnable containers redeemed by the dealer as
determined by the department of treasury.
(b) 20% of the yearly total to distributors to be apportioned to each distributor on the basis of the number of empty returnable containers redeemed by the distributor as determined by the department of treasury.
Enacting section 1. This amendatory act takes effect 2 years after the date it is enacted into law.
