November 27, 2018, Introduced by Reps. Lilly, Bellino, Rendon, LaFave and Cole and referred to the Committee on Michigan Competitiveness.
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 2, 3c, 3e, and 3f (MCL 445.572, 445.573c,
445.573e, and 445.573f), section 2 as amended by 1998 PA 473 and
section 3c as amended and sections 3e and 3f as added by 1996 PA
384; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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. This subsection does not
apply after December 31, 2022.
(2)
A dealer who that 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.
(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 (2).
(4)
Except as provided in subsections (5) and (7), (8), a
dealer 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.
(5)
A dealer who that 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), (8), a distributor
shall accept from a dealer 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.
(7) Each beverage container sold or offered for sale by a
dealer within this state shall 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. This subsection does not apply after December 31, 2022.
(8) A dealer or distributor may, but is not required to,
refuse to accept from a person an empty returnable container which
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.
(9) (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.
(10) (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.
(11) (10)
A dealer 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.
(12) (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 returnable 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 returnable container if the
agreement is entered into freely and without coercion.
(13) (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.
(14) (13)
Subsections (4), (6), and (7) (8) apply
only to a
returnable container that was originally sold in this state as a
filled returnable container.
Sec. 3c. (1) There is created in the department of treasury a
bottle deposit fund which is a revolving fund administered by the
department
of treasury. The Except as
provided in subsection (4),
the money in the bottle deposit fund shall not revert to the
general fund.
(2)
The Except as provided in
subsection (4), the amount paid
to the department of treasury by underredeemers shall 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:
(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.
(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) Any money in the bottle deposit fund on December 31, 2025
shall lapse to the general fund and the state treasurer shall close
the bottle deposit fund.
(5) (4)
The department of treasury may
promulgate rules to
implement
sections 3a to 3d pursuant to subsection
(4) and sections
3e(6) and 3f(5) under 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.subsection (4) and sections 3e(6) and 3f(5).
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 treasur er
treasurer shall credit to the trust fund interest and earnings from
fund investments.
(3)
Money Except as provided
in subsection (6), money in the
trust fund at the close of the fiscal year shall remain in the
trust fund and shall not lapse to the general fund.
(4)
The Except as provided in
subsection (6), 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.1994 PA
451, MCL 324.20108.
(b) In addition to the disbursements under subdivision (a),
each state fiscal year, 80% 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.
(5)
All Except as provided in
subsection (6), all money in the
trust fund that is not disbursed pursuant to subsection (4) shall
remain 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 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) Any money in the trust fund on December 31, 2025 shall
lapse to the general fund and the state treasurer shall close the
trust fund.
(7) (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 Except as provided
in subsection (5), money in the
community pollution prevention fund at the close of the fiscal year
shall remain in the community pollution prevention fund and shall
not lapse to the general fund.
(4) The department of environmental quality 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 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 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 all of the following:
(a) Drinking water wellhead protection, including the
delineation of wellhead protection areas and implementation of
wellhead
protection plans pursuant to under
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.
(5) Any money in the community pollution prevention fund on
December 31, 2025 shall lapse to the general fund and the state
treasurer shall close the community pollution prevention fund.
(6) (5)
The department of environmental
quality 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.
Enacting section 1. 1976 IL 1, MCL 445.571 to 445.576, is
repealed effective January 1, 2026.