Bill Text: MI HB4218 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Environmental protection: funding; maximum surcharge on households for waste reduction programs and collection of materials for recycling or composting; adjust by Consumer Price Index. Amends sec. 8a of 1967 (Ex Sess) PA 7 (MCL 124.508a).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-02-21 - Bill Electronically Reproduced 02/21/2019 [HB4218 Detail]

Download: Michigan-2019-HB4218-Introduced.html

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HOUSE BILL No. 4218

 

 

February 21, 2019, Introduced by Rep. Miller and referred to the Committee on Local Government and Municipal Finance.

 

     A bill to amend 1967 (Ex Sess) PA 7, entitled

 

"Urban cooperation act of 1967,"

 

by amending section 8a (MCL 124.508a), as amended by 2005 PA 69.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8a. (1) Subject to subsection subsections (3) and (10), a

 

county, by resolution of the county board of commissioners of the

 

county, or the agency responsible for preparing the solid waste

 

management plan for counties with a population of 690,000 or more

 

as certified by the 1980 census that do not operate under 1973 PA

 

139, MCL 45.551 to 45.573, or 1966 PA 293, MCL 45.501 to 45.521, as

 

provided in part 115 of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.11501 to 324.11550, 324.11554,

 

may impose a surcharge on households within the county of not more

 

than $2.00 per month or $25.00 per year per household for waste

 

reduction programs and for the collection of consumer source

separated materials for recycling or composting including, but not

 

limited to, recyclable materials, as defined in part 115 section

 

11505 of the natural resources and environmental protection act,

 

1994 PA 451, MCL 324.11501 to 324.11550, 324.11505, household

 

hazardous wastes, tires, batteries, and yard clippings.

 

     (2) Subject to subsection subsections (4), (8), and (10) and

 

if approved by the voters of a participating unit of government, a

 

county may charge an amount greater than allowed under subsection

 

(1) but not more than $4.00 per month or $50.00 per year per

 

household, for the purposes described under subsection (1). The

 

county may include commercial businesses as entities to be subject

 

to the surcharge approved by the voters.

 

     (3) A county or agency shall defer the imposition and

 

collection of a surcharge imposed under subsection (1) in a local

 

unit of government within that county until the county or agency

 

has entered into an interlocal agreement under this act relating to

 

the collection and disposition of the surcharge with the local unit

 

of government. A city in a county in which the agency described in

 

subsection (1) prepared the update to the county's solid waste

 

management plan as provided in part 115 of the natural resources

 

and environmental protection act, 1994 PA 451, MCL 324.11501 to

 

324.11550, 324.11554, shall not enter into an interlocal agreement

 

if the city has levied a tax of 3 mills on real property within the

 

city for the disposal or management of solid waste in that city.

 

Petitions for a referendum election on the question of entering an

 

interlocal agreement may be filed with the clerk of the local unit

 

of government no later than 6 months following adoption of a

resolution of the county or agency to impose or increase the

 

surcharge. or 6 months following any increase in the surcharge.

 

Upon petition of 10% of the qualified electors of a local unit of

 

government voting in the last general election before the adoption

 

of the interlocal agreement by the governing body, the local unit

 

of government shall hold a referendum on whether to reject the

 

entrance into or terminate an interlocal agreement.

 

     (4) An election allowed under subsection (2) shall not be held

 

unless the county board of commissioners passes a resolution

 

authorizing the election. The resolution shall include all of the

 

following:

 

     (a) The approval to hold the election.

 

     (b) The name of the individual designated to negotiate the

 

interlocal agreement between the municipalities and townships

 

within the county.

 

     (c) A date by which each municipality and township within the

 

county shall elect to participate in the interlocal agreement and

 

authorize an election under this section.

 

     (d) The date for the election.

 

     (e) The amount of the proposed surcharge.

 

     (f) Whether commercial businesses will be subject to the

 

proposed surcharge.

 

     (5) The initial authorization under subsection (4) shall be

 

for 5 years. Any subsequent authorizations shall be for a period of

 

not less than 10 years.

 

     (6) With the approval of the county, a municipality or

 

township that is not part of an interlocal agreement established

under this section may become subject to the agreement by otherwise

 

complying with the requirements of this section.

 

     (7) With the approval of the county and after providing notice

 

to the municipality or township in which the business is located, a

 

business not subject to this section may agree to be part of an

 

interlocal agreement established under this section and shall be

 

subject to the terms and conditions of the agreement.

 

     (8) The surcharge approved under subsection (2) shall not

 

apply to vacant land, public-utility-owned land, rights-of-way, and

 

easements that do not generate solid waste.

 

     (9) A surcharge approved under subsection (2) is a mandatory

 

charge and may be collected by any reasonable billing method

 

approved by the county, including, but not limited to, as part of

 

billings for property taxes, water and sewage usage, or other

 

services provided by the county to households and commercial

 

businesses within the county.

 

     (10) The maximum monthly and yearly amounts specified in

 

subsections (1) and (2) shall be adjusted effective each January 1,

 

beginning in 2020, by an amount determined by the state treasurer

 

to reflect the cumulative percentage change in the Detroit Consumer

 

Price Index from January 1, 2019 to the most recent date for which

 

the Detroit Consumer Price Index is available.

 

     (11) (10) As used in this section:

 

     (a) "Agency" does not include the department of environmental

 

quality.

 

     (b) "Commercial businesses" means businesses engaged in the

 

sale, lease, or exchange of goods, services, real property, or any

other thing of value. Commercial businesses do not include

 

wholesale businesses engaged in the manufacturing of goods or

 

materials or the processing of goods or materials.

 

     (c) "Detroit Consumer Price Index" means the most

 

comprehensive index of consumer prices available for the Detroit

 

area from the United States Department of Labor, Bureau of Labor

 

Statistics.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.