Michigan House Bill HB4359

Michigan 2023-2024 Regular Session

• Introduced: 4/11/23
• Refer: 4/11/23
• Report Pass: 11/9/23

Caption

Environmental protection: pollution prevention; plastic bags and other containers; repeal act preempting local regulation of. Repeals 2016 PA 389 (MCL 445.591 - 445.593).

Impact

The repeal of PA 389 would significantly empower local governments by allowing them to implement their own regulations concerning the use of containers like plastic bags, which can have substantial impacts on local environments and economies. Communities that have been seeking to impose restrictions on single-use plastics will have the flexibility to pursue those initiatives, potentially leading to a reduction in plastic-related pollution and enhanced sustainability efforts. This ability to self-regulate could foster innovation in local governance and environmental protection initiatives.

Summary

House Bill 4359 aims to repeal the 2016 Public Act 389, which prohibited local governments in Michigan from regulating the use, disposition, and sale of certain containers, including plastic bags. This bill seeks to restore the authority of local jurisdictions to impose regulations tailored to their specific environmental and economic needs. By removing the previous limitations set forth by PA 389, local governments can enact ordinances that address local concerns related to pollution and waste management more effectively.

Contention

Notable points of contention surrounding the bill include debates over local versus state control. Supporters argue that local governments are better positioned to understand and respond to their communities' environmental challenges, while opponents may express concerns about the potential inconsistency in regulations across different regions, which could confuse businesses and consumers. The discussion emphasizes a broader ideological divide regarding the balance of power between state government and local entities, as well as the environmental responsibilities shared among them.