Michigan Senate Bill SB0228

Michigan 2023-2024 Regular Session

• Introduced: 3/22/23
• Refer: 3/22/23

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

If enacted, SB 0228 would directly impact existing legal frameworks concerning local government authority over environmental regulations related to containers. It would restore the ability of municipalities to impose restrictions or fees on plastic bags and other containers, effectively supporting local sustainability initiatives and the management of environmental pollution. The shift represents a significant change for local governments, empowering them to take more proactive steps towards environmental conservation and waste reduction.

Summary

Senate Bill 0228 aims to repeal 2016 PA 389, which currently prohibits local governments in Michigan from enacting ordinances that regulate the use, sale, or imposition of fees on certain containers, including plastic bags. The legislation is grounded in the belief that local ordinances are essential for addressing specific community needs, particularly in environmental issues, and allows municipalities to have greater control over pollution prevention efforts and waste management strategies. This repeal would enable local governments to create regulations that they deem necessary for their communities' environmental health and safety.

Contention

The bill has sparked debate among stakeholders, highlighting the tension between state-level preemption and local control. Proponents of the repeal argue that localities are better positioned to make decisions that reflect the values and needs of their communities, especially regarding environmental issues. Conversely, opponents may argue that inconsistencies in local regulations could lead to confusion and complicate compliance for businesses that operate in multiple areas, raising concerns about economic impacts and regulatory burdens.