SB-0079, As Passed House, June 23, 2005
SUBSTITUTE FOR
SENATE BILL NO. 79
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 1996 PA 45.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
8a. (1) Subject to the requirement of subsection (2)
(3), 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 Act
No.
139 of the Public Acts of 1973, being sections 45.551 to 45.573
of
the Michigan Compiled Laws, or Act No. 293 of the Public Acts of
1966,
being sections 45.501 to 45.521 of the Michigan Compiled Laws
1973 PA 139, MCL 45.551 to 45.573, or 1966 PA 293, MCL 45.501 to
45.521, as provided in part 115 (solid waste
management) of the
natural
resources and environmental protection act, Act No. 451 of
the
Public Acts of 1994, being sections 324.11501 to 324.11549 of
the
Michigan Compiled Laws 1994 PA 451, MCL
324.11501 to
324.11550, 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 of
Act
No. 451 of the Public Acts of 1994 the natural resources and
environmental protection act, 1994 PA 451, MCL 324.11501 to
324.11550, household hazardous wastes, tires, batteries, and yard
clippings.
(2) Subject to subsection (4) 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) (2)
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. However, a 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 Act No. 451
of
the Public Acts of 1994 the natural resources and environmental
protection act, 1994 PA 451, MCL 324.11501 to 324.11550, shall not
enter
into an interlocal agreement under this subsection 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 under this subsection may be filed with the
local
units clerk of the local unit of government no later than 6
months following adoption of a resolution of the county or agency
to impose 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 prior
to
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. under this subsection.
(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)>> (3)
As used in this section: ,
agency
(a) "Agency" does not include the department of natural
resources 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.