HOUSE BILL No. 4511


     March 18, 1997, Introduced by Reps. Brater, Freeman, Wallace, Brewer, Martinez, Schauer, Hale, Varga, Hanley, Kaza, Willard, Cherry, Price, Gubow, Ciaramitaro and Parks and referred to the Committee on Consumer Protection.


        A bill to amend 1984 PA 431, entitled

   "The management and budget act,"

   (MCL 18.1101 to 18.1594) by adding section 261c.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 261C.  (1) BEGINNING JANUARY 1, 1998, IN ADDITION TO

 2    THE REQUIREMENTS OF SECTIONS 261 AND 261A, AT LEAST THE FOLLOWING

 3    PERCENTAGES BY WEIGHT OR VOLUME OF ALL PAPER PRODUCTS PURCHASED

 4    OR CONTRACTED FOR BY THE DEPARTMENT SHALL BE MADE FROM

 5    CHLORINE-FREE PAPER, TO THE EXTENT PRACTICABLE AND TO THE EXTENT

 6    THE COST OF WHICH DOES NOT EXCEED 115% OF PAPER PRODUCTS NOT CON-

 7    TAINING CHLORINE-FREE PAPER:  FOR 1998, 10% AND FOR EACH YEAR

 8    AFTER 1998 INCREASING BY 5% MORE THAN THE IMMEDIATELY PRECEDING

 9    YEAR UNTIL THE PERCENTAGE IS 50%.

10         (2) IF THE DEPARTMENT IS UNABLE TO COMPLY WITH THE

11    REQUIREMENTS OF SUBSECTION (1), THE DEPARTMENT WITH THE


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 1    ASSISTANCE OF A STATE AGENCY THAT UTILIZES THE PAPER PRODUCT

 2    SHALL PURCHASE OR CONTRACT FOR A SUBSTITUTE PAPER PRODUCT THAT

 3    FULFILLS THE REQUIREMENTS OF SUBSECTION (1) IF A SUBSTITUTE PAPER

 4    PRODUCT IS AVAILABLE.

 5         (3) IF A STATE AGENCY INFORMS THE DEPARTMENT THAT IT IS

 6    UNABLE TO UTILIZE A CHLORINE-FREE PAPER PRODUCT OR THAT A SUBSTI-

 7    TUTE PAPER PRODUCT DESCRIBED IN SUBSECTION (2) IS NOT AVAILABLE,

 8    THE AGENCY SHALL REQUEST AND JUSTIFY AN EXEMPTION FROM

 9    SUBSECTION (1) IN WRITING.  THE DEPARTMENT SHALL GRANT AN EXEMP-

10    TION FROM THE REQUIREMENTS OF SUBSECTION (1) IF THE DEPARTMENT

11    FINDS THAT THE STATE AGENCY HAS MADE ALL REASONABLE EFFORTS TO

12    COMPLY WITH SUBSECTION (1) AND, IF APPLICABLE, ATTEMPTED TO UTI-

13    LIZE A SUBSTITUTE PAPER PRODUCT UNDER SUBSECTION (2).

14         (4) THE DEPARTMENT SHALL ANNUALLY REPORT TO THE GOVERNOR AND

15    THE LEGISLATURE ON THE QUANTITIES AND TYPES OF CHLORINE-FREE

16    PAPER PRODUCTS PURCHASED BY THE DEPARTMENT.  THE DEPARTMENT SHALL

17    ALSO ANNUALLY REPORT TO THE LEGISLATURE AND THE AFFECTED STATE

18    AGENCY IF THE DEPARTMENT IS UNABLE TO COMPLY WITH SUBSECTION (1),

19    THE REASON FOR THE INABILITY TO COMPLY, AND THE EFFORTS MADE BY

20    THE DEPARTMENT TO COMPLY.

21         (5) AS USED IN THIS SECTION:

22         (A) "CHLORINE-FREE" MEANS 1 OR MORE OF THE FOLLOWING:

23         (i) VIRGIN OR RECYCLED PAPER THAT HAS BEEN BLEACHED WITHOUT

24    THE USE OF ANY CHLORINATED CHEMICALS, INCLUDING, BUT NOT LIMITED

25    TO, ELEMENTAL CHLORINE, CHLORINE DIOXIDE, AND SODIUM

26    HYPOCHLORIDE.





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 1         (ii) VIRGIN OR RECYCLED PAPER THAT HAS NOT BEEN LIGHTENED BY

 2    ANY CHEMICAL MEANS.

 3         (B) "PAPER PRODUCTS" MEANS 1 OR MORE OF THE FOLLOWING:

 4         (i) PAPER PURCHASED FOR USE IN COPYING MACHINES.

 5         (ii) PAPER DESIGNED FOR PRINTING, OTHER THAN NEWSPRINT, SUCH

 6    AS OFFSET AND PUBLICATION PAPER.

 7         (iii) COMPUTER PAPER.

 8         (iv) PAPER TOWELS.

 9         (v) PAPER USED IN NOTEPADS, LOOSE-LEAF FILLERS, TABLETS,

10    MESSAGE PADS, AND OTHER PAPER COMMONLY USED IN OFFICES.

11         (C) "PRACTICABLE" MEANS CAPABLE OF BEING USED CONSISTENT

12    WITH REASONABLE SPECIFICATIONS AND AVAILABLE WITHIN A REASONABLE

13    PERIOD OF TIME.

14         (6) RECYCLED PAPER THAT IS CHLORINE-FREE AS DESCRIBED IN

15    SUBSECTION (5)(A)(i) OR (ii) SHALL BE CONSIDERED CHLORINE-FREE

16    REGARDLESS OF WHETHER OR NOT ANY CHLORINATED CHEMICALS WERE USED

17    IN BLEACHING THE PAPER PRODUCTS FROM WHICH THE RECYCLED PAPER WAS

18    PRODUCED.





















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