HOUSE BILL NO. 5006
September 24, 2019, Introduced by Reps. Rabhi,
Hood, Pohutsky, LaGrand, Pagan, Haadsma, Brixie, Wittenberg, Kuppa,
Lasinski, Sabo, Sowerby, Cynthia Johnson, Love, Warren, Stone, Anthony,
Gay-Dagnogo and Peterson and referred to the Committee on Natural Resources
and Outdoor Recreation.
September 24, 2019, Introduced by Reps. Rabhi, Hood, Pohutsky, LaGrand, Pagan, Haadsma, Brixie, Wittenberg, Kuppa, Lasinski, Sabo, Sowerby, Cynthia Johnson, Love, Warren, Stone, Anthony, Gay-Dagnogo and Peterson and referred to the Committee on Natural Resources and Outdoor Recreation.
"Natural resources and environmental protection act,"
by amending the heading of part 163 and sections 16301 and 16303 (MCL 324.16301 and 324.16303) and by adding sections 16304, 16305, 16306, 16307, and 16308.
the people of the state of michigan enact:
PART 163. PLASTIC DEGRADABLE CONTAINERS PLASTICS
(a) "Containers" means glass, metal, or plastic bottles, cans, jars, or other receptacles that contain any substance.
(b) "Degradable" means capable of being broken down by biodegradation, photodegradation, or chemical degradation into component parts within 360 days under exposure to the elements.
(d) "Director" means the director of the department, or his or her designee.
(e) "Distribute" means to sell, offer for sale, or, for compensation, transfer possession of an item, whether as a separate transaction or as part of the sale, offer for sale, or, for compensation, transfer of possession of another item. "Distribution" has an equivalent meaning.
(f) "Egg carton" means a carton for raw eggs sold to consumers from a refrigerator case or similar retail appliance.
(g) "Food service ware" means a container, bowl, plate, tray, cup, lid, or other similar item that is designed for 1-time use for prepared food, including take-out food or leftovers from a partially consumed meal prepared by a food vendor. Food service ware does not include an item composed entirely of aluminum or include a cooler or ice chest.
(h) "Food vendor" means a person that sells prepared food at retail at a restaurant, mobile facility, grocery store, shop, delicatessen, or other establishment in this state.
(i) "Meat and fish tray" means a tray for raw meat, fish, or poultry sold to a consumer from a refrigerator case or similar retail appliance.
(j) "Packing material" means material used to hold, cushion, or protect an item packed in a container for shipping, transport, or storage.
(k) "Polystyrene foam" means blown polystyrene and expanded and extruded foam that is a thermoplastic petrochemical material utilizing a styrene monomer and processed by a technique such as fusion of polymer spheres, injection molding, foam molding, and extrusion-blown molding.
(l) "Polystyrene food service ware" means food service ware made, in whole or in part, from polystyrene foam.
(m) "Prepared food" means food or a beverage that is packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared for an individual consumer and is intended to be consumed without further processing.
(n) "State contractor or lessee" means a person that has a contract with this state for public works or improvements to be performed, for a franchise, concession, or lease of property, for grant money, or for goods, services, or supplies to be purchased at the expense of this state or to be paid out of money deposited in the state treasury or out of trust money under the control of or collected by this state.
(o) "State facility" means any building, structure, or vehicle owned or operated by this state.
(p) "State facility food provider" means a person that provides, but does not sell, prepared food in a state facility.
(2) A state facility food provider shall not provide prepared food to a state facility in polystyrene food service ware.
(3) A state department shall not purchase, acquire, or use polystyrene food service ware for prepared food.
(4) A state contractor or lessee shall not use polystyrene food service ware for prepared food in a state facility while acting under a state contract or lease.
(5) Subsections (1) to (4) do not apply if the prepared food is packaged outside this state and is sold or otherwise provided to the consumer in the same food service ware in which it originally was packaged.
Sec. 16306. (1) A person shall not distribute within this state any of the following if made, in whole or in part, from polystyrene foam that is not completely encapsulated or encased within a more durable material:
(a) Packing material, including a shipping box or packing peanuts.
(b) A cooler, ice chest, or similar container.
(c) A pool or beach toy.
(d) A dock float, mooring buoy, or anchor or navigation marker.
(2) A person shall not distribute within this state a meat and fish tray or egg carton made, in whole or in part, from polystyrene foam, either as a separate item or as part of the sale to a consumer of raw eggs, meat, fish, or poultry, from a butcher case, refrigerator case, or similar retail appliance.
(3) For purposes of this section, distribution of packing material includes using packing material to hold, cushion, or protect an item to be packed in a container for shipping, transport, or storage if the packing takes place within this state.
(4) For purposes of this section, distribution of packing material does not include any of the following:
(a) Receiving a shipment within this state that includes polystyrene foam used as packing material.
(b) Reusing packing material for shipping, transport, or storage within the same distribution system, if the packing material is not sent to a consumer or end user.
(c) Donating used packing material to another person, if the donor receives nothing of value for the donated packing material.
(d) Using packing material donated under subdivision (c) for shipping, transport, or storage, if the person using the packing material receives nothing of value for the donated packing material.
(5) Subsection (1) does not apply to packing material or a cooler, ice chest, or similar container used for temperature-controlled shipping for medical, veterinary, or research purposes, which may include, but is not limited to, the shipping of breast milk, medicine, an organ, tissue, an embryo, or gametes.
(2) The director may waive the requirements of section 16304, 16305(1), or 16306(1) or (2) under either of the following circumstances:
(a) The applicant for the waiver demonstrates to the director's satisfaction that a reasonably feasible alternative is not available for a specific noncompliant product.
(b) The applicant for the waiver demonstrates to the director's satisfaction both of the following:
(i) That the applicant has a gross income of less than $500,000.00 on the applicant's annual federal income tax filing for the most recent tax year.
(ii) That a suitable and reasonably affordable alternative is not available for a specific noncompliant product.
(3) The director may waive the requirements of section 16305(2), (3), or (4) upon the request of a state officer, employee, or department if the applicant for the waiver demonstrates, to the director's satisfaction, either of the following:
(a) Strict application of the specific requirement would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances.
(b) The waiver is otherwise justified.
(4) In addition to individual waivers provided for under subsections (2) and (3), the director may waive the requirements of section 16306(1) or (2) with respect to a particular category of uses of packing materials or of meat and fish trays or egg cartons made, in whole or in part, from polystyrene foam if the director determines that a suitable and reasonably affordable alternative to use of the noncompliant product is not feasible.
(5) To apply for a waiver under subsection (2) or (3), a person shall submit to the department a written application on a form approved by the director. The director may require the applicant to submit additional information or documentation to make a determination regarding the waiver requested. The director shall review applications on a case-by-case basis.
(6) The director may grant a waiver under subsection (2), (3), or (4) in whole or in part, with or without conditions, for not more than 3 years. A waiver under subsection (2) may be renewed. To maintain a continuous waiver status, an applicant for renewal of a waiver under subsection (2) must apply for a new waiver not later than 60 days before the expiration of the current waiver. The director shall review each renewal application and base his or her determination on the most current information available.
(a) For a first violation, not more than $250.00.
(b) For a second violation, not more than $1,000.00.
(2) A violation described in subsection (1) may be prosecuted by the prosecuting attorney of the county where the violation occurred or by the attorney general. A civil fine under subsection (1) shall be deposited in the recycling initiative fund created in section 16309.
(3) A person who violates section 16304, 16305(1), (2), or (4), or 16306 a third or subsequent time is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $2,500.00, or both.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5007 (request no. 03254'19) of the 100th Legislature is enacted into law.