November 6, 2008, Introduced by Senators BASHAM and JACOBS and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding part 175; and to repeal acts
and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 175. PLASTIC BAG RECYCLING
Sec. 17501. As used in this part:
(a) "Consumer" means any person who makes a purchase at retail
for any purpose other than resale.
(b) "Department" means the department of environmental
quality.
(c) "Pilot program" means the program described in section
17505.
(d) "Plastic bag" means any plastic, latex, or polypropylene
bag.
(e) "Retailer" means a person engaged in the business of
making sales at retail that owns or controls more than 10,000
square feet of retail space in the most populous county in this
state.
(f) "Task force" means the plastic bag recycling task force
created in section 17503.
Sec. 17503. (1) The plastic bag recycling task force is
created.
(2) The task force shall consist of the following members,
appointed by the governor:
(a) One individual representing grocers.
(b) One individual representing department stores or home
improvement stores.
(c) One individual representing small retail businesses.
(d) One individual representing a statewide environmental
organization.
(e) One individual representing businesses engaged in the
recycling of plastics.
(f) One individual representing solid waste disposal
facilities.
(g) One individual representing the department.
(h) One individual representing the department of treasury.
(3) The members first appointed to the task force shall be
appointed within 60 days after the effective date of this section.
(4) Members of the task force shall serve for the life of the
task force.
(5) If a vacancy occurs on the task force, the vacancy shall
be filled in the same manner as the original appointment.
(6) The governor may remove a member of the task force for
incompetency, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
(7) The first meeting of the task force shall be called by the
member of the task force representing the department. At the first
meeting, the task force shall elect from among its members a
chairperson and other officers as it considers necessary or
appropriate. After the first meeting, the task force shall meet at
least bienially, or more frequently at the call of the chairperson
or if requested by 2 or more members.
(8) A majority of the members of the task force constitute a
quorum for the transaction of business at a meeting of the task
force. A majority of the members present and serving are required
for official action of the task force.
(9) The business that the task force may perform shall be
conducted at a public meeting of the task force held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(10) A writing prepared, owned, used, in the possession of, or
retained by the task force in the performance of an official
function is subject to the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(11) Members of the task force shall serve without
compensation. However, members of the task force may be reimbursed
for their actual and necessary expenses incurred in the performance
of their official duties as members of the task force.
Sec. 17505. (1) Within 90 days after the first meeting of the
task force, the task force shall issue procedures and guidelines
implementing a voluntary plastic bag recycling pilot program in the
most populous county in this state. The department shall administer
the pilot program under the procedures and guidelines adopted by
the task force.
(2) To participate in the voluntary pilot program, a retailer
that distributes plastic bags to consumers free of charge to store
or transport goods purchased by the consumers at retail shall do
all of the following:
(a) Implement a plastic bag collection program that
facilitates the return and recycling of plastic bags distributed to
consumers by that retailer.
(b) Provide a clearly marked receptacle for the collection of
plastic bags that is in a convenient location for that retailer's
consumers.
(c) Arrange for the pickup, transport, and recycling of
plastic bags deposited in the collection receptacles by consumers.
(3) In meeting the pilot program guidelines, retailers may
work individually or as part of a group.
Sec. 17507. On or before March 1, 2011, the task force, in
collaboration with the department, shall submit to the governor and
the standing committees of the senate and house of representatives
with primary responsibility for environmental protection matters a
report, discussing at least the following topics:
(a) Enrollment in the pilot program.
(b) Benefits and costs of the pilot program to the
environment, retailers, and residents of the most populous county
in this state.
(c) Any unforeseen transportation issues, liability, or costs
for participants in the pilot program.
Sec. 17509. This part is repealed effective June 1, 2011.