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

















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.




     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




     (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




     (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.