SB-0079, As Passed Senate, March 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.