September 29, 2005, Introduced by Senators BISHOP, BIRKHOLZ, PATTERSON, HARDIMAN, GILBERT, KUIPERS, GOSCHKA, JELINEK and TOY 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 sections 11526d, 11526e,
11526f, 11526g, and 11526h.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11526d. (1) The director may issue an order limiting or
prohibiting the disposal in this state, or in 1 or more regional
solid waste management planning areas, of municipal solid waste
generated in another country if the director, after consultation
with appropriate officials, determines that the limitation or
prohibition is necessary to minimize or eliminate a threat to this
state's ability to manage solid waste generated in this state.
(2) At least 60 days before the director issues an order under
subsection (1), the department shall do all of the following:
(a) Conduct an appropriately noticed public hearing on the
proposed order.
(b) Post the proposed order and its effective date on the
department's website with information on how a member of the public
can comment on the proposed order.
(c) Provide a copy of the proposed order to the members of the
standing committees of the senate and house of representatives with
primary responsibility for legislation pertaining to the
environment.
(3) The department shall post a final order under subsection
(1) on its website beginning not later than the final order's
effective date.
(4) A person may seek judicial review of an order issued under
this section as provided in section 631 of the revised judicature
act of 1961, 1961 PA 236, MCL 600.631.
(5) Subsection (1) does not apply unless the United States
congress enacts legislation authorizing the states to prohibit or
regulate the disposal of municipal solid waste generated in another
country.
(6) The director shall rescind an order issued under this
section when the director determines that the threat upon which the
order was based no longer exists.
Sec. 11526e. The department shall prepare a report making
recommendations on a program under which landfills in this state
would be authorized to accept for disposal a specified amount of
municipal solid waste generated in another country in return for
disposal areas in that country accepting a specified amount of
hazardous waste generated in this state. The report shall assume
that the United States congress enacts into law authorization for
such a program. The report shall include proposed state
legislation to establish such a program. The department shall
submit the report to the standing committees of the senate and
house of representatives with primary responsibility for
legislation pertaining to the environment by January 1, 2007.
Sec. 11526f. (1) The director, in consultation with the state
transportation department and local government agencies and
officials, shall annually review transportation routes commonly
used as points of access to this state by persons transporting
municipal solid waste generated in another country. The director
shall determine the appropriateness of each point of access
considering noise, odor, traffic safety, and other issues arising
in the municipality where the point of access is located and
associated with the transportation of such solid waste.
(2) The director may issue an order prohibiting the use of a
point of access to this state by persons transporting municipal
solid waste generated in another country if the director, after
review and consultation as provided in subsection (1), determines
that the prohibition is necessary to address a substantial noise,
odor, traffic safety, or other problem arising in the municipality
where the point of access is located and associated with the
transportation of such solid waste.
(3) Section 11526d(2), (3), and (4) apply to an order under
this section.
(4) Subsection (1) does not apply unless the United States
congress enacts legislation authorizing the states to prohibit or
regulate the transportation of municipal solid waste generated
outside of the United States.
(5) The director shall rescind an order issued under this
section when the director determines that the basis for the order
no longer exists.
Sec. 11526g. (1) Within 30 days after the end of each quarter
of the state fiscal year, beginning with the 2005-2006 state fiscal
year, the owner or operator of a landfill shall pay a surcharge of
50 cents for each cubic yard or portion of a cubic yard of
municipal solid waste generated in another country that was
disposed of in the landfill during the previous quarter of the
state fiscal year.
(2) The owner or operator of a landfill or municipal solid
waste incinerator who is required to pay the charge under
subsection (1) shall pass through and collect the surcharge from
any person who generated the municipal solid waste or who arranged
for its delivery to the solid waste hauler notwithstanding the
provisions of any contract or agreement to the contrary or the
absence of any contract or agreement.
(3) Surcharges collected under this section shall be forwarded
to the state treasurer for deposit in the municipal infrastructure
fund established in section 11526h.
(4) Subsection (1) does not apply unless the United States
congress enacts legislation authorizing the states to impose such
surcharges on the disposal of municipal solid waste generated
outside of the United States.
Sec. 11526h. (1) The municipal infrastructure fund is created
within the state treasury. Surcharges collected under section
11526g shall be deposited in the fund. The state treasurer may
receive money from any other source for deposit into the fund. The
state treasurer shall direct the investment of the fund. The state
treasurer shall credit to the fund interest and earnings from fund
investments.
(2) Money in the municipal infrastructure fund at the close of
the fiscal year shall remain in the fund and shall not lapse to the
general fund.
(3) Money shall be expended from the municipal infrastructure
fund, upon appropriation, only to finance the cost of
infrastructure needs attributable to the use of transportation
routes as points of access to this state by persons transporting
municipal solid waste generated in another country, in
municipalities where those points of access are located.
(4) By March 1 annually, the department shall prepare a report
that details the infrastructure projects funded during the previous
fiscal year with revenue from the municipal infrastructure fund and
submit the report to all of the following:
(a) The governor.
(b) The legislature.
(c) The chairs of the standing committees of the senate and
house of representatives with primary responsibility for
legislation pertaining to the environment, transportation, or local
government.
(d) The chairs of the subcommittees of the senate and house of
representatives appropriations committees with primary
responsibility for appropriations to the department and the state
transportation department.