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:
8a. (1) Subject to
(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
act, 1994 PA 451, MCL 324.11501 to
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
to, recyclable materials, as defined in
part 115 section
11505 of the natural resources and environmental protection act,
PA 451, MCL
324.11501 to 324.11550, 324.11505, household
hazardous wastes, tires, batteries, and yard clippings.
(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
environmental protection act, 1994 PA 451, MCL 324.11501 to
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
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
(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
(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.
As used in this section:
(a) "Agency" does not include the department of environmental
(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
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.