HOUSE BILL NO. 5411

October 19, 2021, Introduced by Reps. Liberati, Steenland, Coleman, Garza, Brabec, Sneller, Thanedar, Hood, Aiyash, Cambensy, Peterson, Rabhi, Shannon, Hope, Breen and Cherry and referred to the Committee on Commerce and Tourism.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding section 14308.

the people of the state of michigan enact:

Sec. 14308. (1) Beginning January 1, 2023, for a lodging establishment with more than 50 rooms, and January 1, 2024, for a lodging establishment with 50 rooms or fewer, a lodging establishment shall not provide a small plastic bottle that contains a personal care product under any of the following conditions:

(a) To an individual staying in a sleeping room accommodation.

(b) In any space within a sleeping room accommodation.

(c) Within a bathroom shared by the public or guests.

(2) Upon request, a lodging establishment may provide a personal care product in a small plastic bottle to an individual at no cost, at a place other than a sleeping room accommodation, a space within the sleeping room accommodation, or within bathrooms shared by the public or guests.

(3) A lodging establishment that violates subsection (1) is responsible for a civil infraction and shall be ordered to pay a civil fine of not more than $500.00 for a first violation and a civil fine of not more than $2,000.00 for a second or subsequent violation. A violation of subsection (1) may be prosecuted by the prosecutor of the county in which the violation occurred, or by the attorney general.

(4) As used in this section:

(a) "Hosted rental" means a house, apartment, or other livable space where the individual providing sleeping room accommodations is a permanent resident who lives on the premises.

(b) "Lodging establishment" means an establishment that contains 1 or more sleeping room accommodations that are rented or otherwise provided to the public including, but not limited to, a hotel, motel, resort, bed and breakfast, or vacation rental. Lodging establishment does not include worker housing or a hospital, nursing home, residential retirement community, prison, jail, homeless shelter, boarding school, long-term rental accommodation, or hosted rental.

(c) "Personal care product" means shampoo, hair conditioner, or bath soap.

(d) "Plastic" means any synthetic material made from organic polymers, such as polyethylene, polyvinyl chloride (PVC), or nylon, that can be molded into shape while soft and then set into a rigid or slightly elastic form. Plastic includes all material identified with resin codes 1 to 7 as provided in the ASTM International Resin Identification Coding System.

(e) "Small plastic bottle" means a plastic bottle or container with less than a 6-ounce capacity.