HOUSE BILL No. 4820

 

May 19, 2005, Introduced by Rep. Farhat and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.

 

     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)  

 

subsections (2) and (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  that does 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 or fee 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) A county or agency shall not impose a surcharge or fee

 

allowed under subsection (1) without the approval of the voters

 

within the county at a regularly scheduled election.

 

     (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) The surcharge approved under subsection (1) 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 within the county.

 

     (5)  (3)  As used in this section:  , agency

 

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

 

resources.

 

     (b) "Household" means any residence within the county.

 

Household does not include vacant property.