February 7, 2007, Introduced by Reps. Brown, Simpson, Byrnes, Valentine, McDowell, Dean, Espinoza, Donigan, Young, Angerer, Spade, Clack, Polidori, Hammel, Ebli, Byrum, Gillard, Gonzales and Meadows and referred to the Committee on Great Lakes and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11502, 11503, 11504, 11505, and 11506 (MCL
324.11502, 324.11503, 324.11504, 324.11505, and 324.11506), section
11502 as amended by 2004 PA 35, sections 11503 and 11506 as amended
by 1998 PA 466, and section 11504 as amended by 1996 PA 359, and by
adding sections 11532c, 11532d, 11532e, 11532f, 11532g, and 11532h;
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11502. (1) "Applicant" includes any person.
(2) "Ashes" means the residue from the burning of wood, coal,
coke, refuse, wastewater sludge, or other combustible materials.
(3) "Benchmark recycling program" means a recycling program as
described in section 11532f.
(4) (3)
"Beverage container" means an airtight metal, glass,
paper, or plastic container, or a container composed of a
combination of these materials, which, at the time of sale,
contains 1 gallon or less of any of the following:
(a) A soft drink, soda water, carbonated natural or mineral
water, or other nonalcoholic carbonated drink.
(b) A beer, ale, or other malt drink of whatever alcoholic
content.
(c) A mixed wine drink or a mixed spirit drink.
(5) (4)
"Bond" means a financial instrument executed on a form
approved by the department, including a surety bond from a surety
company authorized to transact business in this state, a
certificate of deposit, a cash bond, an irrevocable letter of
credit, insurance, a trust fund, an escrow account, or a
combination of any of these instruments in favor of the department.
The owner or operator of a disposal area who is required to
establish
a bond under other state or another
state statute or a
federal statute may petition the department to allow such a bond to
meet the requirements of this part. The department shall approve a
bond
established under other state or another state statute or a
federal statute if the bond provides equivalent funds and access by
the department as other financial instruments allowed by this
subsection.
(6) (5)
"Certificate of deposit" means a negotiable
certificate of deposit held by a bank or other financial
institution regulated and examined by a state or federal agency,
the value of which is fully insured by an agency of the United
States government. A certificate of deposit used to fulfill the
requirements of this part shall be in the sole name of the
department with a maturity date of not less than 1 year and shall
be renewed not less than 60 days before the maturity date. An
applicant who uses a certificate of deposit as a bond shall receive
any accrued interest on that certificate of deposit upon release of
the bond by the department.
(7) (6)
"Certified health department" means a city, county, or
district department of health that is specifically delegated
authority by the department to perform designated activities as
prescribed by this part.
(8) (7)
"Coal or wood ash" means either or both of the
following:
(a) The residue remaining after the ignition of coal or wood,
or both, and may include noncombustible materials, otherwise
referred to as bottom ash.
(b) The airborne residues from burning coal or wood, or both,
that are finely divided particles entrained in flue gases arising
from a combustion chamber, otherwise referred to as fly ash.
(9) (8)
"Collection center" means a tract of land, building,
unit, or appurtenance or combination thereof that is used to
collect junk motor vehicles and farm implements under section
11530.
(10) (9)
"Consistency review" means evaluation of the
administrative and technical components of an application for a
permit
, or license, or for of operating
conditions in the course
of inspection, for the purpose of determining consistency with the
requirements of this part, rules promulgated under this part, and
approved plans and specifications.
(11) (10)
"Corrective action" means the investigation,
assessment, cleanup, removal, containment, isolation, treatment, or
monitoring of constituents, as defined in a facility's approved
hydrogeological monitoring plan, released into the environment from
a disposal area, or the taking of other actions related to the
release as may be necessary to prevent, minimize, or mitigate
injury to the public health, safety, or welfare, the environment,
or
natural resources that is consistent with subtitle D of the
solid
waste disposal act, title II of Public Law 89-272, 42 U.S.C.
6941
and 6942 to 42 USC 6941 to 6949a or and regulations
promulgated
pursuant to that act thereunder.
Sec. 11503. (1) "Department" means the department of
environmental quality.
(2) "Director" means the director of the department.
(3) "Discharge" includes, but is not limited to, any spilling,
leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, or disposing of a substance
into
the environment which that
is or may become injurious to the
public health, safety, or welfare, or to the environment.
(4) "Disposal area" means 1 or more of the following at a
location as defined by the boundary identified in its construction
permit or engineering plans approved by the department:
(a) A solid waste transfer facility.
(b)
Incinerator An incinerator.
(c)
Sanitary A sanitary landfill.
(d)
Processing A processing plant.
(e)
Other Another solid waste handling or disposal facility
utilized in the disposal of solid waste.
(5) "Enforceable mechanism" means a legal method whereby the
state, a county, a municipality, or a person is authorized to take
action to guarantee compliance with an approved county solid waste
management plan. Enforceable mechanisms include contracts,
intergovernmental agreements, laws, ordinances, rules, and
regulations.
(6) "Escrow account" means an account managed by a bank or
other financial institution whose account operations are regulated
and
examined by a federal or state agency and which that complies
with section 11523b.
(7) "Financial assurance" means the mechanisms used to
demonstrate that the funds necessary to meet the cost of closure,
postclosure maintenance and monitoring, and corrective action will
be available whenever they are needed.
(8) "Financial test" means a corporate or local government
financial test or guarantee approved for type II landfills under
subtitle
D of the solid waste disposal act, title II of Public Law
89-272,
42 U.S.C. 6941 and 6942 to 6949a 40
CFR part 258. An owner
or operator may use a single financial test for more than 1
facility. Information submitted to the department to document
compliance with the test shall include a list showing the name and
address of each facility and the amount of funds assured by the
test for each facility. For purposes of the financial test, the
owner or operator shall aggregate the sum of the closure,
postclosure, and corrective action costs it seeks to assure with
any other environmental obligations assured by a financial test
under state or federal law.
(9) "Food processing residuals" means any of the following:
(a) Residuals of fruits, vegetables, aquatic plants, or field
crops.
(b) Otherwise unusable parts of fruits, vegetables, aquatic
plants, or field crops from the processing thereof.
(c) Otherwise unusable food products which do not meet size,
quality, or other product specifications and which were intended
for human or animal consumption.
(10) "Garbage" means rejected food wastes including waste
accumulation of animal, fruit, or vegetable matter used or intended
for food or that attends the preparation, use, cooking, dealing in,
or storing of meat, fish, fowl, fruit, or vegetable matter.
(11)
"Scrap wood" means wood or wood product that is 1 or more
of
the following:
(a)
Plywood, pressed board, oriented strand board, or any
other
wood or wood product mixed with glue or filler.
(b)
Wood or wood product treated with creosote or
pentachlorophenol.
(c)
Any other wood or wood product designated as scrap wood in
rules
promulgated by the department.
(12)
"Treated wood" means wood or wood product that has been
treated
with 1 or more of the following:
(a)
Chromated copper arsenate (CCA).
(b)
Ammoniacal copper quat (ACQ).
(c)
Ammoniacal copper zinc arsenate (ACZA).
(d)
Any other chemical designated in rules promulgated by the
department.
(13)
"Wood" means trees, branches, bark, lumber, pallets, wood
chips,
sawdust, or other wood or wood product but does not include
scrap
wood, treated wood, painted wood or painted wood product, or
any
wood or wood product that has been contaminated during
manufacture
or use.
Sec. 11504. (1) "HDPE" means that term as defined in section
16101.
(2) (1) "Health officer" means a
full-time administrative
officer of a certified city, county, or district department of
health.
(3) (2)
"Inert material" means a substance that will not
decompose, dissolve, or in any other way form a contaminated
leachate upon contact with water, or other liquids determined by
the department as likely to be found at the disposal area,
percolating through the substance.
(4) (3)
"Insurance" means insurance that conforms to the
requirements
of 40 C.F.R. CFR 258.74(d) provided by an insurer who
has a certificate of authority from the Michigan commissioner of
insurance to sell this line of coverage. An applicant for an
operating license shall submit evidence of the required coverage by
submitting both of the following to the department:
(a) A certificate of insurance that uses wording approved by
the department.
(b) A certified true and complete copy of the insurance
policy.
(5) (4)
"Landfill" means a disposal area that is a sanitary
landfill.
(6) (5)
"Letter of credit" means an irrevocable letter of
credit
that complies with 40 C.F.R. CFR
258.74(c).
(7) "Local unit of government" means a municipality or county.
(8) "Market development fund" means the recycling market
development fund created in section 11532c.
(9) (6)
"Medical waste" means that term as it is defined in
part
138 section 13805 of the public health code, Act No. 378 of
the
Public Acts of 1978, being sections 333.13801 to 333.13831 of
the
Michigan Compiled Laws 1978
PA 368, MCL 333.13805.
(10) (7)
"Municipal solid waste incinerator" means an
incinerator, that
is owned or operated by any person, and that
meets all of the following requirements:
(a) The incinerator receives solid waste from off site and
burns only household waste from single and multiple dwellings,
hotels, motels, and other residential sources, or this household
waste together with solid waste from commercial, institutional,
municipal, county, or industrial sources that, if disposed of,
would
is not be required to be placed in a disposal
facility
licensed under part 111.
(b) The incinerator has established contractual requirements
or other notification or inspection procedures sufficient to assure
that the incinerator receives and burns only waste referred to in
subdivision (a).
(c) The incinerator meets the requirements of this part and
the rules promulgated under this part.
(d) The incinerator is not an industrial furnace as defined in
40
C.F.R. CFR 260.10.
(e) The incinerator is not an incinerator that receives and
burns only medical waste or only waste produced at 1 or more
hospitals.
(11) (8)
"Municipal solid waste incinerator ash" means the
substances remaining after combustion in a municipal solid waste
incinerator.
(12) "Municipality" means a city, village, or township.
(13) (9)
"Perpetual care fund" means a perpetual care fund
provided for in section 11525.
(10)
"Trust fund" means a trust fund held by a trustee which
has
the authority to act as a trustee and whose trust operations
are
regulated and examined by a federal or state agency. A trust
fund
shall comply with section 11523b.
(14) "PETE" means that term as defined in section 16101.
Sec. 11505. (1) "Recyclable materials" means source separated
materials, site separated materials, high grade paper, glass,
metal, plastic, aluminum, newspaper, corrugated paper, yard
clippings, and other materials that may be recycled or composted.
(2) "Recycling fund" means the recycling and waste diversion
fund created in section 11532b.
(3) (2)
"Regional solid waste management planning agency"
means the regional solid waste planning agency designated by the
governor
pursuant to section 4006 of subtitle D of the solid waste
disposal
act, title II of Public Law 89-272, 42 U.S.C. 42 USC
6946.
(4) (3)
"Resource recovery facility" means machinery,
equipment, structures, or any parts or accessories of machinery,
equipment, or structures, installed or acquired for the primary
purpose of recovering materials or energy from the waste stream.
(5) (4)
"Response activity" means an activity that is
necessary to protect the public health, safety, welfare, or the
environment, and includes, but is not limited to, evaluation,
cleanup, removal, containment, isolation, treatment, monitoring,
maintenance, replacement of water supplies, and temporary
relocation of people.
(6) (5)
"Rubbish" means nonputrescible solid waste, excluding
ashes, consisting of both combustible and noncombustible waste,
including paper, cardboard, metal containers, yard clippings, wood,
glass, bedding, crockery, demolished building materials, or litter
of any kind that may be a detriment to the public health and
safety.
(7) (6)
"Salvaging" means the lawful and controlled removal of
reusable materials from solid waste.
(8) "Scrap wood" means wood or wood product that is 1 or more
of the following:
(a) Plywood, pressed board, oriented strand board, or any
other wood or wood product mixed with glue or filler.
(b) Wood or wood product treated with creosote or
pentachlorophenol.
(c) Any other wood or wood product designated as scrap wood in
rules promulgated by the department.
(9) (7)
"Site separated material" means glass, metal, wood,
paper products, plastics, rubber, textiles, garbage, yard
clippings, or any other material approved by the department that is
separated from solid waste for the purpose of conversion into raw
materials or new products. Site separated material does not include
the residue remaining after glass, metal, wood, paper products,
plastics, rubber, textiles, or any other material approved by the
department is separated from solid waste.
(10) (8)
"Slag" means the nonmetallic product resulting from
melting or smelting operations for iron or steel.
Sec. 11506. (1) "Solid waste" means garbage, rubbish, ashes,
incinerator ash, incinerator residue, street cleanings, municipal
and industrial sludges, solid commercial and solid industrial
waste, and animal waste other than organic waste generated in the
production of livestock and poultry. Solid waste does not include
the following:
(a) Human body waste.
(b)
Medical waste. as it is defined in part 138 of the public
health
code, 1978 PA 368, MCL 333.13801 to 333.13831, and regulated
under
that part and part 55.
(c) Organic waste generated in the production of livestock and
poultry.
(d) Liquid waste.
(e) Ferrous or nonferrous scrap directed to a scrap metal
processor or to a reuser of ferrous or nonferrous products.
(f) Slag or slag products directed to a slag processor or to a
reuser of slag or slag products.
(g)
Sludges and ashes managed as recycled
, or nondetrimental
materials appropriate for agricultural or silvicultural use
pursuant to a plan approved by the department. Food processing
residuals; wood ashes resulting solely from a source that burns
only wood that is untreated and inert; lime from kraft pulping
processes generated prior to bleaching; or aquatic plants may be
applied on, or composted and applied on, farmland or forestland for
an agricultural or silvicultural purpose, or used as animal feed,
as
appropriate. , and such an application or use does not require a
plan
described in this subdivision or a permit or license under
this
part. In addition, source separated
materials approved by the
department for land application for agricultural and silvicultural
purposes and compost produced from those materials may be applied
to
the land for agricultural and silvicultural purposes. and
such
an
application does not require a plan described in this
subdivision
or permit or license under this part. Land
application
authorized
under this subdivision for an
agricultural or
silvicultural
purpose, or use as animal feed , as
provided for in
this
subdivision, shall occur does not require a plan under this
subdivision or a permit or license under this part, but shall be
performed in a manner that prevents losses from runoff and
leaching. ,
and if applied to land, the land Land
application under
this subdivision shall be at an agronomic rate consistent with
generally accepted agricultural and management practices under the
Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474.
(h) Materials approved for emergency disposal by the
department.
(i) Source separated materials.
(j) Site separated material.
(k) Fly ash or any other ash produced from the combustion of
coal, when used in the following instances:
(i) With a maximum of 6% of unburned carbon as a component of
concrete, grout, mortar, or casting molds.
(ii) With a maximum of 12% unburned carbon passing M.D.O.T.
test method MTM 101 when used as a raw material in asphalt for road
construction.
(iii) As aggregate, road, or building material which in ultimate
use will be stabilized or bonded by cement, limes, or asphalt.
(iv) As a road base or construction fill that is covered with
asphalt, concrete, or other material approved by the department and
which
that is placed at least 4 feet above the seasonal
groundwater
table.
(v) As the sole material in a depository designed to reclaim,
develop, or otherwise enhance land, subject to the approval of the
department. In evaluating the site, the department shall consider
the physical and chemical properties of the ash including
leachability, and the engineering of the depository, including, but
not
limited to, the compaction, control of surface water and
groundwater that may threaten to infiltrate the site, and evidence
that the depository is designed to prevent water percolation
through the material.
(l) Other wastes regulated by statute.
(2) "Solid waste hauler" means a person who owns or operates a
solid waste transporting unit.
(3) "Solid waste processing plant" means a tract of land,
building, unit, or appurtenance of a building or unit or a
combination of land, buildings, and units that is used or intended
for use for the processing of solid waste or the separation of
material for salvage or disposal, or both, but does not include a
plant engaged primarily in the acquisition, processing, and
shipment of ferrous or nonferrous metal scrap, or a plant engaged
primarily in the acquisition, processing, and shipment of slag or
slag products.
(4) "Solid waste transporting unit" means a container that may
be an integral part of a truck or other piece of equipment used for
the transportation of solid waste.
(5) "Solid waste transfer facility" means a tract of land, a
building and any appurtenances, or a container, or any combination
of land, buildings, or containers that is used or intended for use
in the rehandling or storage of solid waste incidental to the
transportation of the solid waste, but is not located at the site
of generation or the site of disposal of the solid waste.
(6) "Source separated material" means glass, metal, wood,
paper products, plastics, rubber, textiles, garbage, yard
clippings, or any other material approved by the department that is
separated at the source of generation for the purpose of conversion
into raw materials or new products including, but not limited to,
compost.
(7) "Treated wood" means wood or wood product that has been
treated with 1 or more of the following:
(a) Chromated copper arsenate (CCA).
(b) Ammoniacal copper quat (ACQ).
(c) Ammoniacal copper zinc arsenate (ACZA).
(d) Any other chemical designated in rules promulgated by the
department.
(8) "Trust fund" means a trust fund held by a trustee who has
the authority to act as a trustee and whose trust operations are
regulated and examined by a federal or state agency. A trust fund
shall comply with section 11523b.
(9) "Wood" means trees, branches, bark, lumber, pallets, wood
chips, sawdust, or other wood or wood product but does not include
scrap wood, treated wood, painted wood or painted wood product, or
any wood or wood product that has been contaminated during
manufacture or use.
(10) (7)
"Yard clippings" means leaves, grass clippings,
vegetable or other garden debris, shrubbery, or brush or tree
trimmings, less than 4 feet in length and 2 inches in diameter,
that can be converted to compost humus. Yard clippings do not
include stumps, agricultural wastes, animal waste, roots, sewage
sludge, or garbage.
Sec. 11532c. (1) The recycling market development fund is
created within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the market development fund. The state
treasurer shall direct the investment of the market development
fund. The state treasurer shall credit to the market development
fund interest and earnings from development fund investments.
(3) Money in the market development fund at the close of the
fiscal year shall remain in the market development fund, except as
provided in subsection (5), and shall not lapse to the general
fund.
(4) If the market development fund accumulates, at any time
before October 1, 2010, $1,000,000.00, the department shall expend
money from the market development fund, upon appropriation, for
grants or other incentives to private or public entities to expand
markets for recycled materials in this state.
(5) If the market development fund does not accumulate, at any
time before October 1, 2010, $1,000,000.00, then at the end of each
state fiscal year beginning with the state fiscal year that begins
October 1, 2010, the balance in the market development fund shall
be transferred to the recycling fund to be used to augment
distributions under section 11532d(1)(a)(ii).
Sec. 11532d. (1) Each state fiscal year, money appropriated
from the recycling fund shall be distributed as follows:
(a) The first $53,000,000.00, as augmented pursuant to section
11532c(5), if applicable, appropriated from the recycling fund
shall be distributed as follows:
(i) Subject to section 11532g, $15,000.00 to each county to be
used to offset the cost of meeting reporting requirements under
section 11532g.
(ii) The remaining money to municipalities on a per capita
basis, subject to and to be used for the purposes described in
section 11532e.
(b) The next $2,000,000.00 appropriated from the recycling
fund shall be distributed to the department for all of the
following purposes:
(i) To provide recycling technical assistance, including, but
not limited to, gathering and disseminating information useful in
the development of market demand for recycled materials.
(ii) For the administration of the recycling fund and sections
11532a to 11532h.
(iii) To fund full-time equated positions, in addition to those
funded by surcharges under section 11525a, to conduct inspections,
carry out the department's responsibilities with respect to county
solid waste management planning, and otherwise administer and
enforce this part.
(c) The next $1,500,000.00 appropriated from the recycling
fund shall be distributed to counties through and for the purposes
of the grant program provided for in section 11547.
(d) Through the state fiscal year ending September 30, 2012,
the next $8,000,000.00 appropriated from the recycling fund shall
be distributed on a per capita basis to municipalities that, since
September 30, 2007, have directly provided curbside recycling
service, or have paid a contractor to provide such service free of
charge, at least every other week for households in that
municipality to which curbside recycling service is available.
(e) Through the state fiscal year ending September 30, 2012,
after the distributions under subdivisions (a) to (d), money
appropriated from the recycling fund shall be distributed to local
units of government that directly provide drop-off recycling
service, or pay a contractor to provide such service free of
charge. The amount distributed shall be $5,000.00 per drop-off
point maintained since September 30, 2007.
(f) After distributions under subdivisions (a) to (c) and, if
applicable, (d) and (e), any remaining money appropriated from the
recycling fund shall be distributed as follows:
(i) 85% to municipalities, on a per capita basis.
(ii) Subject to section 11532g, 15% to counties, on a per
capita basis.
(2) Money distributed under subsection (1)(d), (e), or (f)
shall be used to promote the health, safety, or welfare of the
citizens of the respective local unit of government.
(3) Funding provided to local units of government under this
section is intended to be in addition to, and not a substitute for,
revenue sharing or other statutory or constitutional funding
obligations of this state to local units of government.
Sec. 11532e. (1) To qualify for a distribution under section
11532d(1)(a)(ii) during a state fiscal year, a municipality shall
meet all of the following requirements, as applicable:
(a) By the end of the preceding state fiscal year, the
municipality had a benchmark recycling program. This subdivision
applies beginning October 1, 2009 or, for a municipality with a
population of 124,000 or more, beginning October 1, 2010.
(b) The municipality submits to the department on a form
provided by the department an agreement to use the distribution to
offset the costs of a recycling program, which may include planning
costs.
(c) If the municipality received a distribution under section
11532d(1)(a)(ii) in the preceding state fiscal year, the
municipality, by November 15 of the current state fiscal year,
submits to the county information necessary for the preparation of
the county recycling and waste diversion report under section
11532g.
(2) A municipality that receives money under section
11532d(1)(a)(ii) shall do 1 or more of the following with the money:
(a) Pool the money with or transfer it to other local units or
an authority established under 1947 PA 179, MCL 123.301 to 123.311,
or 1955 PA 233, MCL 124.281 to 124.294, for multijurisdictional
recycling programs consistent with the requirements of this
section.
(b) Use the money to conduct or to pay contractors to conduct
recycling programs consistent with the requirements of this
section.
(3) If a municipality does not qualify for a distribution or
portion of a distribution under section 11532d(1)(a)(ii), the money
that would otherwise have been distributed to the municipality
shall be distributed as follows:
(a) To the county, subject to section 11532g. To qualify for a
distribution under this subdivision, the county shall submit to the
department on a form provided by the department an agreement to use
the money anywhere in the county for the purposes for which it
would have been required to have been used by the municipality.
(b) If the county does not qualify for a distribution under
subdivision (a), to the market development fund.
Sec. 11532f. A benchmark recycling program is a recycling and
waste diversion program that meets all of the following
requirements, as applicable:
(a) For a municipality with a population greater than 10,000
or a population density greater than 300 per square mile, the
recycling program uses trucks and related equipment to collect
recyclable materials from the curbside or similar locations at
least every other week from each household in the municipality,
other than households in multifamily dwellings of 5 or more
dwelling units. The material collected in this manner shall include
at least 5 of the following items:
(i) Clear glass.
(ii) Colored glass.
(iii) Aluminum, steel, and bimetallic cans.
(iv) Mixed residential paper.
(v) Newsprint.
(vi) Corrugated cardboard.
(vii) Magazines.
(viii) Boxboard.
(ix) HDPE and PETE.
(b) For a municipality with a population of 10,000 or less and
a population density of 300 or less per square mile, 1 of the
following applies:
(i) The recycling program meets the requirements of subdivision
(a).
(ii) The recycling program does not meet and has not met the
requirements of subdivision (a) but includes an easily accessible
drop-off collection point available to citizens not less than 8
hours per week.
(c) By ordinance, the municipality requires persons generating
yard clippings and other items prohibited from disposal in a
landfill under section 11514 to separate those items from other
solid waste for separate collection, composting, or other proper
management.
(d) The municipality conducts a comprehensive and sustained
public information and education program concerning recycling
program features and requirements. As part of this program, the
municipality shall, at least 30 days prior to the initiation of the
recycling program and at least annually thereafter, notify all
persons occupying residential, commercial, institutional, and
municipal premises in the municipality of the opportunities for
recycling in that municipality and the requirements for separation
and proper management of yard clippings and other items prohibited
from disposal in a landfill.
(e) The municipality adequately documents its recycling and
waste diversion program, including submission of the information
necessary for the county recycling and waste diversion reports to
meet the requirements of section 11532g.
Sec. 11532g. By December 31 of each year, each county shall
submit to the department a recycling and waste diversion report.
The report shall be submitted in the manner and shall contain the
information required by the department describing progress in
recycling and waste diversion during the previous state fiscal
year. In reporting progress, the county shall use a standard
methodology for measuring recycling rates consistent with the
methodology used by the United States environmental protection
agency as specified by the department. A county that fails to
submit a complete recycling and waste diversion report to the
department as provided in this section does not qualify for a
distribution under section 11532d(1)(a)(i) or (f)(ii) or section
11532e(3)(a) until the complete waste diversion report is
submitted.
Sec. 11532h. (1) The recycling advisory council is created
within the department.
(2) The council shall consist of the director or his or her
designee and all of the following members appointed by the
governor:
(a) A representative of an organization of townships.
(b) A representative of an organization of cities and
villages.
(c) A representative of an organization of counties.
(d) A representative of a conservation or environmental
organization.
(e) A representative of a business that utilizes recycled
glass.
(f) A representative of a business that utilizes recycled
plastics.
(g) A representative of a business that utilizes recycled
paper.
(h) A representative of a recycling processing facility.
(i) A representative of an organization representing beverage
bottlers, wholesalers, and retailers.
(j) A representative of a public landfill operator.
(k) A representative of a private landfill operator.
(l) An officer or employee of a local unit of government
responsible for recycling in that local unit.
(m) A representative of a private company that provides
curbside recycling or drop-off collection point service to the
public.
(n) A representative of the general public.
(3) The members first appointed to the council shall be
appointed by April 1, 2010.
(4) Members of the council shall serve for the life of the
council.
(5) If a vacancy occurs on the council, the governor shall
make an appointment for the unexpired term in the same manner as
the original appointment.
(6) The governor may remove a member of the council for
incompetency, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
(7) 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.
(8) A majority of the members of the council constitute a
quorum for the transaction of business at a meeting of the council.
The affirmative vote of a majority of the members of the council is
required for official action of the council.
(9) 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.
(10) 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.
(11) Members of the council shall serve without compensation.
The director or his or her designee on the council shall serve
without additional compensation. However, members of the council
may be reimbursed for their actual and necessary expenses incurred
in the performance of their official duties as members of the
council.
(12) By April 1, 2011, the council shall submit to the
governor and the legislature a report on its recommendations on
expanding and improving the efficiency of recycling in this state.
The report shall include recommendations on all of the following:
(a) Any changes in the distribution formula under section
11532d(1)(a), (d), and (e) to take effect after September 30, 2012.
(b) Whether and to what extent the recycling fund and the
market development fund should be used to expand markets for
recycled materials.
(c) Any changes in the standards for a benchmark recycling
program to take effect after September 30, 2012, including, but not
limited to, recommendations concerning the following potential
changes:
(i) Increasing the number of materials that must be collected.
(ii) Requiring the collection of household hazardous waste.
(iii) Requiring a collection program for commercial generators
of recyclable solid waste.
(iv) Requiring a curbside recycling program described in
section 11532f(a) to provide service to households in multifamily
dwellings of 5 or more dwelling units.
(13) This section is repealed effective January 1, 2012.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 4221 or Senate Bill No. (request no.
00541'07) of the 94th Legislature is enacted into law.