HB-5176, As Passed House, September 21, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 5176

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding section 11526e.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 11526e. (1) Subject to subsection (3), a person shall not

deliver for disposal, in a landfill or incinerator in this state,

municipal solid waste, including, but not limited to, municipal

solid waste incinerator ash, that was generated outside of the

United States.

     (2) Subject to subsection (3), the owner or operator of a

landfill or incinerator in this state shall not accept for disposal

municipal solid waste, including, but not limited to, municipal

solid waste incinerator ash, that was generated outside of the

United States.

     (3) Subsections (1) and (2) apply notwithstanding any other

provision of this part. However, subsections (1) and (2) do not

apply unless congress enacts legislation under clause 3 of section

8 of article I of the constitution of the United States authorizing

such prohibitions. Subsections (1) and (2) do not apply until 90

days after the effective date of such federal legislation or 90

days after the effective date of the amendatory act that added this

section, whichever is later.