PROHIBIT LOCAL ORDINANCES ON

FOOD AND BEVERAGE CONTAINERS

Senate Bill 853 as passed by the Senate

Sponsor:  Sen. Jim Stamas

Senate Committee:  Commerce

House Committee:  Commerce and Trade                            (Enacted as Public Act 389 of 2016)

Complete to 9-9-16

SUMMARY:

The bill would create a new act to prohibit local ordinances that do any of the following:

o   Regulate the use, disposition, or sale of auxiliary containers.

o   Prohibit or restrict auxiliary containers.

o   Impose a fee, charge, or tax on auxiliary containers

The term "auxiliary container" refers to bags, cups, bottles, or other packaging, whether reusable or single use that are both:

o   Designed for transporting, consuming, or protecting merchandise, food, or beverages from or at a food service or retail facility; and

o   Made of cloth, paper, plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material or similar material or substrates, including coated, laminated, or multilayer substrates.

The term "local unit of government" refers to a county, township, city, or village.

Allowable Programs

The bill says, however, that it should not be construed to prohibit or restrict curbside recycling programs, commercial recycling programs, or designated residential or commercial recycling locations.

FISCAL IMPACT:

By prohibiting a local unit of government from enacting ordinances related to auxiliary containers, whether they involve restrictions on use or the imposition of a fee or tax, the bill could increase costs (through refuse and recycling collection) and/or reduce potential revenues (through taxes and fees) for a local unit of government that would have enacted an ordinance but for the provisions of the bill.  Currently, no local units of government have ordinances relating to auxiliary containers but discussions of ordinances have occurred in a few counties.

                                                                                         Legislative Analyst:   Chris Couch

                                                                                                 Fiscal Analyst:   Ben Gielczyk

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.