January 25, 2007, Introduced by Senators BRATER, GLEASON, SCOTT, SCHAUER, WHITMER, JACOBS, PRUSI and BASHAM 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 11532a, 11532b,
11532c, and 11532d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11532a. (1) Beginning January 1, 2008, a recycling and
waste diversion surcharge of $7.50 is assessed on each ton of
municipal and commercially generated solid waste that is disposed
of in a landfill or a municipal solid waste incinerator.
(2) The owner or operator of a landfill or municipal solid
waste incinerator shall pay the recycling and waste diversion
surcharges under this section to the department within 30 days
after the end of each quarter of the state fiscal year. The
department shall forward all recycling and waste diversion
surcharges it receives to the state treasurer for deposit into the
Michigan green communities fund created in section 11532b.
(3) The owner or operator of a landfill or municipal solid
waste incinerator who is required to pay the recycling and waste
diversion surcharge under subsection (2) shall pass through and
collect the surcharge from the generators of the municipal and
commercially generated solid waste or from the persons who arranged
for its delivery to the solid waste hauler or transfer facility,
notwithstanding the provisions of any contract or agreement to the
contrary or the absence of any contract or agreement.
(4) As used in this section, "municipal and commercially
generated solid waste" means solid waste generated by residents and
by businesses but does not include a load consisting of only 1 of
the following:
(a) Construction and demolition waste or debris.
(b) Industrial waste.
(c) Sludge.
(d) Ash, unless the ash was generated by a municipal solid
waste incinerator that did not pay a recycling and waste diversion
surcharge on the solid waste from which the ash was produced.
(e) Manufacturing process waste.
(f) Cement kiln dust.
(g) Remediation waste.
(h) Foundry sand.
Sec. 11532b. (1) The Michigan green communities fund is
created within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the Michigan green communities fund.
The state treasurer shall direct the investment of the Michigan
green communities fund. The state treasurer shall credit to the
Michigan green communities fund interest and earnings from Michigan
green communities fund investments.
(3) Money in the Michigan green communities fund at the close
of the fiscal year shall remain in the Michigan green communities
fund and shall not lapse to the general fund.
(4) Money in the Michigan green communities fund shall be
distributed as follows:
(a) Not more than 5% of the money shall be used by the
department for the administration of, and the conduct of
inspections under, this part.
(b) Not less than 5% of the money shall be distributed to
counties for use in the preparation of updates and amendments to
county solid waste management plans.
(c) Not less than 40% of the money shall be distributed on a
per capita basis to cities, villages, and townships for recycling
and other environmental protection or natural resource conservation
programs.
(d) Not less than 40% of the money shall be distributed to
cities, villages, and townships on a per capita basis for any other
purpose determined by the respective city, village, or township to
promote the public health, safety, or welfare of its citizens.
(e) Not less than 10% of the money shall be distributed on a
per capita basis to cities, villages, and townships that conduct
recycling programs that qualify under section 11532c, for use in
expanding or enhancing those programs.
(5) The department shall promulgate rules to implement this
section and sections 11532c and 11532d pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
Sec. 11532c. (1) To qualify a city, village, or township for
distributions under section 11532b(4)(e), recycling programs
conducted by that city, village, or township shall meet the
following criteria:
(a) The programs, as a group, cost-effectively increase all of
the following:
(i) The amount and types of residential and commercial waste
recycled and otherwise diverted from disposal in the city, village,
or township.
(ii) The number of individuals participating in recycling
efforts in the city, village, or township.
(b) The programs, to the extent possible, do all of the
following:
(i) Take advantage of investments in recycling and waste
diversion programs previously made by the city, village, or
township.
(ii) Provide new or expanded recycling and waste diversion
opportunities to residential and commercial customers.
(c) The programs do 1 or more of the following:
(i) Foster overall coordination of recycling and waste
diversion programs.
(ii) Gain efficiencies by serving residential and commercial
customers in multiple jurisdictions, especially to the extent that
the service would otherwise be unavailable to 1 or more of the
jurisdictions.
(iii) Foster curbside pickup where it can be effectively and
efficiently conducted.
(iv) Provide individuals the maximum opportunity to recycle by
collecting a wide range of materials.
(v) Promote cooperation between public and private entities
engaged in recycling.
(2) A city, village, or township shall not allocate money
received for recycling programs under section 11532b(4)(e) to
programs in which the money will be used to replace a person's base
level of recycling and waste diversion effort. As used in this
subsection, "base level of recycling and waste diversion effort"
means the total amount of expenditures by a person for recycling
and other waste diversion activities during the calendar year 2006.
Sec. 11532d. (1) The department shall enter into a written
agreement with each county, city, village, or township that
receives a distribution under section 11532b. The written agreement
shall specify that money that is distributed shall only be used for
purposes for which it is distributed. The department may include
other relevant terms and conditions in the written agreement.
(2) A city, village, or township that receives a distribution
for recycling programs under section 11532b shall annually provide
to the department a waste diversion report in a manner and
containing information required by the department. The waste
diversion report shall be submitted not later than April 1 of each
year, covering the period of the previous state fiscal year. The
waste diversion report shall include, at a minimum, a financial
accounting of the expenditure of the money distributed to the city,
village, or township, a narrative description of programs conducted
with the money, and a numerical report on the amount of waste,
classified by material, diverted during the year. In reporting
recycling progress, the city, village, or township shall use a
standard methodology for measuring recycling as specified by the
department. The department shall specify a methodology that is
consistent with the methodology used by the United States
environmental protection agency. A city, village, or township that
fails to submit a complete waste diversion report to the department
as provided in this subsection is not eligible for a distribution
under section 11532b in subsequent years.