Guest Post: Democrats in the Michigan State Senate Could Call the Shots

By Cyndi Roper, Michigan State Director It’s an understatement to say that the Democrats have very little power in Lansing these days.  But there are rare exceptions like the one involving HB 5660, which would amend the state’s highly successful container deposit law which was adopted through citizen initiative in 1976.  Proponents need three-quarters of each chamber to approve their amendment.  Last week, the House voted 91 to 19* to jeopardize nearly four decades of progress in tackling the state’s beverage container litter and recycling challenges. So we’re actually on a mission of hope at the Capitol (imagine that!) because the Senate Democrats can flex a bit of muscle and preserve this citizen-initiated law.  The controversy surrounds foil pouch packages like those used for “Daily’s Frozen Cocktails”.  It was recently determined that these non-recyclable, single-use packages are covered by the State’s container deposit law so a foil pouch industry-backed bill was introduced to create the first-ever loophole in the deposit law. During testimony, we pointed out that this was the tip of the spear for piercing a hole in the deposit law.  Why? By creating the exemption, Michigan lawmakers would be creating a financial incentive favoring these throw away packages over their recyclable counterparts. We’re not alone in highlighting the threat to recycling programs posed by this bill.  The National Association of PET Resource Containers weighed in with state lawmakers earlier this week making it clear that their investment in building a strong PET recycling industry is jeopardized by incentivizing non-recyclable beverage packages. While claiming these packages are limited in their use to frozen beverages, the foil-pouch toting, multi-client lobbyists are swarming Lansing with a gusto and passion that reveals their true intentions.  If they really believed these pouches will only be used for frozen beverages, then why did they work to defeat an amendment offered in committee by Senator Warren that would have created an exemption for frozen beverages? I heard two lobbyists talking this morning convincing each other – and presumably lawmakers – that these foil pouches will never be used for soft drinks because they would explode while en route to the market.  I wonder if the folks at Alibaba know this. Or maybe the Encyclopedia Britannica got it wrong when they wrote the following: Soft drinks are packaged in glass or plastic bottles, tin-free steel, aluminum, or plastic cans, treated cardboard cartons, foil pouches (emphasis mine), or in large stainless steel containers. And what about beer pouches? While Clean Water Action and other groups would prefer to leave the container deposit law completely intact, we support two amendments offered by Senator Warren: 1) the frozen beverage container amendment described above; and 2) an amendment to place a fee on beverage containers exempted from the deposit law (which will help keep recyclable containers on equal footing with throw away beverage containers). By the way, the industry’s lobbyists stated during committee testimony that they are currently selling 2.1 million foil pouch containers annually in Michigan. If these packages were placed end to end they would stretch 230 miles, which is the same distance from Lansing to Mackinaw City or from the Earth to the International Space Station.  And that’s with the current market for foil pouch packages.  Just imagine the landfill waste if the packaging expands to other beverages? We’re still hopeful the Senate Democrats will stand up for the intent of the 1976 citizen initiative.  Let’s assume the House vote was conducted in ignorance.  Regardless, let’s hope the Senate Democrats grasp what’s at stake and they stand with us right now…when their votes really matter. *Thanks to the following Representatives for standing with us last week: Barnett, Bauer, Bledsoe, Brown, Darany, Durhal, Foster, Greimel, Hovey-Wright, Howe, Irwin, Lindberg, Lipton, Meadows, Olumba, Rutledge, Slavens, Switalski, Tlaib and Townsend.