June 30, 2005, Introduced by Senators BROWN, BIRKHOLZ, ALLEN, VAN WOERKOM, GILBERT, PATTERSON, CROPSEY, KUIPERS, BISHOP, HARDIMAN and GEORGE 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 173.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 173. RECYCLING ADVISORY COUNCIL
Sec. 17301. As used in this part:
(a) "Bottle deposit fund" means the bottle deposit fund
created in section 3c of the Initiated Law of 1976, MCL 445.573c.
(b) "Council" means the recycling advisory council created in
section 17302.
(c) "Dealer" means that term as defined in section 1 of the
Initiated Law of 1976, MCL 445.571.
(d) "Department" means the department of environmental
quality.
(e) "Director" means the director of the department or his or
her designee.
(f) "Distributor" means that term as defined in section 1 of
the Initiated Law of 1976, MCL 445.571.
(g) "Michigan economic development corporation" means that
term as defined in section 2 of the local development financing
act, 1986 PA 281, MCL 125.2152.
Sec. 17302. (1) The recycling advisory council is created
within the department.
(2) The council shall consist of the following members:
(a) The director.
(b) The following members appointed by the director:
(i) A representative of a dealers' organization.
(ii) A representative of a statewide business organization.
(iii) A representative of a recycling business.
(iv) A representative of a statewide bottlers' organization.
(v) A representative of a statewide conservation organization.
(vi) A representative of a distributors' organization.
(vii) A representative of a manufacturer that uses raw material
consisting primarily of recycled material.
(viii) A representative of an organization of townships.
(ix) A representative of an organization of cities and
villages.
(x) A representative of the waste management industry.
(xi) A representative of a statewide environmental
organization.
(xii) A representative of an organization of counties.
(xiii) An officer or employee of a local unit of government
responsible for recycling in that local unit.
(xiv) A representative of the public at large.
(xv) A representative of a college or university that operates
a comprehensive, institution-wide recycling program.
(xvi) An administrator of a municipally owned landfill.
(3) The members first appointed to the council shall be
appointed within 30 days after the effective date of this section.
(4) Members of the council shall serve for terms of 2 years or
until a successor is appointed, whichever is later.
(5) If a vacancy occurs on the council, the vacancy shall be
filled for the unexpired term in the same manner as the original
appointment.
(6) A member of the council may be removed by the director for
incompetency, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
Sec. 17303. (1) The first meeting of the council shall be
called by the director. At the first meeting, the council shall
elect from among its members a chairperson and other officers as it
considers necessary or appropriate. After the first meeting, the
council shall meet at least quarterly, or more frequently at the
call of the chairperson or if requested by 3 or more members.
(2) A majority of the members of the council constitute a
quorum for the transaction of business at a meeting of the council.
A majority of the members appointed and serving are required for
official action of the council.
(3) The business that the council may perform shall be
conducted at a public meeting of the council held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(4) A writing prepared, owned, used, in the possession of, or
retained by the council in the performance of an official function
is subject to the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(5) Members of the council shall serve without compensation.
(6) The department may provide staff to the council through
the office of the statewide recycling coordinator created in
section 17402.
(7) The departments and agencies of state government shall
cooperate with the council by providing information requested by
the council for the purposes of discharging its responsibilities
under this part.
(8) A report or recommendations required under this act from
the council shall be provided to the senate majority leader, the
speaker of the house of representatives, and the standing
committees of both houses of the legislature with primary
jurisdiction over natural resources and environmental matters.
Sec. 17304. (1) The council shall study and, by 1 year after
the effective date of the amendatory act that added this section,
make recommendations to the legislature on all of the following:
(a) The effectiveness of this state's current recycling
program and what opportunities exist to improve recycling in this
state.
(b) The current amount of public and private funding for
recycling by local government and nonprofit organizations and the
relationship of the current funding levels to the efficiency and
effectiveness of the recycling program.
(c) The amount of public and private funding required to
improve the efficiency and effectiveness of recycling in rural
areas.
(d) The amount of public and private funding required to
improve the efficiency and effectiveness of recycling in urban
areas.
(e) After thoroughly evaluating the sustainability,
efficiency, and effectiveness of all funding options that produce
an increase in recycling levels, all known sources of potential
funding for recycling.
(f) An initial method for distribution of money to be realized
from sources identified under subdivision (e).
(g) Criteria for local recycling programs to qualify for
funding of recycling and waste diversion from sources identified
under subdivision (e).
(2) After making its recommendations under subsection (1), the
council shall do all of the following on an ongoing basis:
(a) Recommend to the legislature changes to the state's
comprehensive recycling plan.
(b) In conjunction with the statewide recycling coordinator,
establish a method for regular review of local recycling programs
to gather information about processes, markets, and recycling
rates.
(c) In conjunction with the department, develop forms and
requirements for reporting expenditures for waste diversion,
including expenditure of money received from the department for
recycling and waste diversion, and waste diversion and recycling
accomplished by counties, solid waste management planning agencies,
and entities that receive money from the department for recycling
and waste diversion.
(d) Review data regarding waste diversion and recycling,
including data reported under subdivision (c), and use the data to
establish criteria for and make recommendations to the department
and the legislature on changes to the expenditure of money for
recycling and waste diversion from sources identified under
subsection (1).
(e) Establish reasonable quantifiable objectives for the
diversion of waste from landfills in this state.
(f) Make recommendations to the legislature on tax incentives
to be provided under the single business tax act, 1975 PA 228, MCL
208.1 to 208.145, to encourage the development of markets for
recycling materials that face obstacles or challenges to
development, including, but not limited to, electronic goods,
batteries, and colored glass.
(g) Recommend to the legislature all of the following for
enactment into law:
(i) Reasonable, quantifiable short-term and long-term recycling
recovery and waste diversion objectives.
(ii) Measures to develop or foster the development of markets
for recycled materials.
(h) Review with local recycling officials current local
recycling funding programs to determine if any changes should be
made in these programs.
(i) Based on the recycling coordinator's study and the
department's report under section 502 of 2003 PA 171, recommend a
strategy for a phased implementation of bans of additional
materials from landfills.
(j) In cooperation with the department's office of
environmental assistance and the Michigan economic development
corporation, encourage firms that specialize in production of
products from recycled materials to establish business operations
in this state.
(k) Examine manufacturing processes that incorporate equipment
or other technology to utilize recycled materials or to allow for
the recycling of waste products. Based on information gathered
under this subdivision, the council may develop a voluntary "best
recycling practices" standard for businesses in Michigan.
(l) Review all of this state's relevant solid waste management
laws and administrative rules related to recycling and recommend to
the legislature or state agencies changes to promote recycling and
waste diversion.
(m) Conduct a cost-benefit analysis of expanding the scope of
the Initiated Law of 1976, MCL 445.571 to 445.576, compared to
alternative ways to increase recycling.
(n) Report to the legislature the council's recommendations on
changes to the Initiated Law of 1976, MCL 445.571 to 445.576.
(o) Assess and report on health and safety concerns arising
from the storage and handling by dealers and distributors of
beverage containers returned under the Initiated Law of 1976, MCL
445.571 to 445.576.
(p) Review the apportionment of the bottle deposit fund and
recommend to the legislature revisions to more fully compensate
distributors and dealers for costs incurred under the Initiated Law
of 1976, MCL 445.571 to 445.576.
(q) Create a subcouncil to monitor implementation of the pilot
program for regional beverage container redemption centers and to
monitor the success of the Initiated Law of 1976, MCL 445.571 to
445.576. The subcouncil shall include dealers, distributors,
persons representing redemption centers, and representatives of
environmental organizations.
(r) Evaluate the sustainability, effectiveness, and efficiency
of pay-as-you-throw programs that have been implemented and
determine whether incentives should be established to encourage the
programs.
(3) As used in this section:
(a) "Effectiveness" means the measurable ability of a program
to maximize recycling participation by the citizens of this state.
(b) "Efficiency" means the ability of a recycling program to
be effective at the lowest possible cost to citizens of this state.
(c) "Sustainability" means the adjustability of a funding
mechanism to ensure the continued success of a program's
effectiveness and efficiency.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 677
of the 93rd Legislature is enacted into law.