Bill Text: MI HB5962 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Environmental protection; recycling; use of noncompostable plastic bags; prohibit. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding pt. 164.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2016-11-09 - Bill Electronically Reproduced 10/19/2016 [HB5962 Detail]

Download: Michigan-2015-HB5962-Introduced.html

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HOUSE BILL No. 5962

 

 

October 19, 2016, Introduced by Reps. Sarah Roberts, Greig, Darany, Wittenberg and Liberati and referred to the Committee on Commerce and Trade.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by adding part 164.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                       PART 164. PLASTIC BAGS

 

     Sec. 16401. As used in this part:

 

     (a) "Customer" means any person purchasing goods from a store.

 

     (b) "Department" means the department of environmental

 

quality.

 

     (c) "Director" means the director of the department.

 

     (d) "Operator" means the person in control of, or having the

 

responsibility for, the operation of a store, which may include,

 

but is not limited to, the owner of the store.

 

     (e) "Plastic carryout bag" subject to subdivision (f), means

 

any bag that is made predominantly of plastic derived from

 

petroleum, natural gas, or a biologically based source, such as

 

corn, and is provided to a customer at the point of sale of other

 

goods.

 

     (f) Plastic carryout bag does not include any of the

 

following:

 

     (i) A reusable bag.

 

     (ii) A bag without handles used exclusively to carry produce,

 

meats, or other food items to the point of sale inside a store or

 

to prevent such food items from coming into direct contact with

 

other purchased items.

 

     (g) "Post-consumer recycled material" means material that

 

would otherwise be destined for solid waste disposal, having

 

completed its intended end use and product life cycle. Post-

 

consumer recycled material does not include material or by-product

 

generated from, and commonly reused within, an original

 

manufacturing and fabrication process.

 

     (h) "Recyclable paper bag" means a paper bag that meets all of

 

the following requirements:

 

     (i) Does not contain fiber from old growth forests.

 

     (ii) Is 100% capable of being sorted, cleansed, and

 

reconstituted for the purpose of using the altered form in the

 

manufacture of a new product.

 

     (iii) Contains a minimum of 40% post-consumer recycled

 

material.

 

     (iv) Is capable of composting, consistent with the timeline

and specifications of ASTM International D6400-12 "Standard

 

Specification for Labeling of Plastics Designed to be Aerobically

 

Composted in Municipal or Industrial Facilities".

 

     (v) Is accepted for recycling in curbside programs in the

 

county where the store is located.

 

     (i) "Reusable bag" means a bag that is specifically designed

 

and manufactured for multiple reuse and that meets all of the

 

following requirements:

 

     (i) Has handles.

 

     (ii) Is capable of carrying 22 pounds 125 times over a

 

distance of 175 feet.

 

     (iii) Has a volume of at least 15 liters.

 

     (iv) Is machine-washable or is made from a material that can

 

be cleaned or disinfected.

 

     (v) Does not contain lead, cadmium, or any other heavy metal

 

in toxic amounts.

 

     (j) "Store" means a retail establishment that sells perishable

 

or nonperishable goods, such as clothing, food, or personal items,

 

directly to the customer.

 

     Sec. 16403. A store shall not sell or give a plastic carryout

 

bag to any customer for the purpose of enabling the customer to

 

carry away goods from the point of sale.

 

     Sec. 16405. An operator that provides bags to customers for

 

the purpose of enabling the customers to carry away goods from the

 

point of sale shall provide only reusable bags or recyclable paper

 

bags, or any combination thereof, for those purposes.

 

     Sec. 16407. This part does not prohibit a customer from using

a bag of any type that the customer brings to the store for the

 

customer's own use to carry away goods from the point of sale.

 

     Sec. 16409. (1) A person who violates section 16403 may be

 

ordered to pay a civil fine of not less than $300.00 and not more

 

than $500.00. Each day that a violation continues constitutes a

 

separate violation.

 

     (2) A person who violates section 16405 may be ordered to pay

 

a civil fine of not less than $100.00 and not more than $300.00.

 

Each day that a violation continues constitutes a separate

 

violation.

 

     (3) A violation described in this section may be prosecuted by

 

the prosecutor of the county in which the violation occurred or by

 

the attorney general.

 

     Enacting section 1. This amendatory act takes effect 1 year

 

after the date it is enacted into law.