November 8, 2007, Introduced by Senators BROWN, RICHARDVILLE, GILBERT, KAHN, BIRKHOLZ, GLEASON, PAPPAGEORGE, JANSEN, VAN WOERKOM and HARDIMAN and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding part 174.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 174. RECYCLING ADVISORY COUNCIL AND COORDINATOR
Sec. 17401. As used in this part:
(a) "Bottle deposit fund" means the bottle deposit fund
created in section 3c of 1976 IL 1, MCL 445.573c.
(b) "Council" means the recycling advisory council created in
section 17403.
(c) "Dealer" means that term as defined in section 1 of 1976
IL 1, MCL 445.571.
(d) "Department" means the department of environmental
quality.
(e) "Director" means the director of the department or his or
her designee.
(f) "Distributor" means that term as defined in section 1 of
1976 IL 1, MCL 445.571.
(g) "Electronic goods" means any of the following:
(i) An electronic device, as defined in section 17301.
(ii) A personal digital assistant device.
(iii) A computer peripheral device, including a mouse or other
similar pointing device, a printer, or a detachable keyboard.
(iv) Audio equipment.
(v) A videocassette recorder.
(vi) A digital video disc player.
(vii) A video camera.
(viii) A telephone.
(vix) A facsimile or copying machine.
(x) A cellular telephone.
(xi) A video game console.
(xii) An electronic wireless device not included in
subparagraphs (i) to (x).
Sec. 17402. As used in this part:
(a) "Local unit of government" means a city, village, or
township.
(b) "Michigan economic development corporation" means that
term as defined in section 2 of the local development financing
act, 1986 PA 281, MCL 125.2152.
(c) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(d) "Recycling" means the act of treating or processing an
item so that the item or the materials from which it is made may be
used again.
(e) "Recycling fund" means the recycling trust fund created in
section 17503.
(f) "State recycling coordinator" means the state recycling
coordinator appointed under section 17408.
Sec. 17403. (1) The recycling advisory council is created
within the department.
(2) The council shall consist of the following members:
(a) The director.
(b) The following members appointed by the senate majority
leader:
(i) A representative of a dealers' organization.
(ii) A representative of a state business organization.
(iii) A representative of a recycling business.
(iv) A representative of a state bottlers' organization.
(v) A representative of a state conservation organization.
(c) The following members appointed by the speaker of the
house of representatives:
(i) A representative of a distributors' organization.
(ii) A representative of a manufacturer that uses raw material
consisting primarily of recycled material.
(iii) A representative of an organization of townships.
(iv) A representative of an organization of cities and
villages.
(v) A representative of the waste management industry.
(d) The following members appointed by the governor:
(i) A representative of a state environmental organization.
(ii) A representative of an organization of counties.
(iii) An officer or employee of a local unit of government
responsible for recycling in that local unit of government.
(iv) A representative of the public at large.
(v) A representative of a college or university that operates
a comprehensive, institution-wide recycling program.
(vi) An administrator of a municipally owned landfill.
(3) The members first appointed to the council shall be
appointed within 30 days after the effective date of this section.
(4) Members of the council shall serve for terms of 2 years or
until a successor is appointed, whichever is later.
(5) If a vacancy occurs on the council, the vacancy shall be
filled for the unexpired term in the same manner as the original
appointment.
(6) A member of the council may be removed for incompetency,
dereliction of duty, malfeasance, misfeasance, or nonfeasance in
office, or any other good cause. The senate majority leader may
remove a member of the council described in subsection (2)(b), the
speaker of the house of representatives may remove a member
described in subsection (2)(c), and the governor may remove a
member described in subsection (2)(d).
Sec. 17404. (1) The first meeting of the council shall be
called by the director. At the first meeting, the council shall
elect from among its members a chairperson and other officers as it
considers necessary or appropriate. After the first meeting, the
council shall meet at least quarterly, or more frequently at the
call of the chairperson or if requested by 3 or more members.
(2) A majority of the members of the council constitute a
quorum for the transaction of business at a meeting of the council.
A majority of the members appointed and serving are required for
official action of the council.
(3) The business that the council may perform shall be
conducted at a public meeting of the council held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(4) A writing prepared, owned, used, in the possession of, or
retained by the council in the performance of an official function
is subject to the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(5) Members of the council shall serve without compensation.
(6) The department may provide staff to the council.
(7) The departments and agencies of state government shall
cooperate with the council by providing information requested by
the council for the purposes of discharging its responsibilities
under this part.
Sec. 17405. (1) Unless otherwise specified, if the council is
required to make a report or recommendations under this act, the
council shall provide the report or recommendations to the senate
majority leader, the speaker of the house of representatives, and
the standing committees of both houses of the legislature with
primary jurisdiction over natural resources and environmental
matters.
(2) By September 1, 2008, the council shall report and make
recommendations on all of the following:
(a) Prohibiting or authorizing the disposal of specific items
or materials in landfills or incinerators.
(b) Programs for recycling electronic goods.
(c) The effectiveness of this state's current recycling
program and opportunities to improve recycling in this state.
(d) The current amount of public and private funding for
recycling by local units of government and nonprofit organizations
and the relationship of the current funding levels to the
efficiency and effectiveness of the recycling program.
(e) The amount of public and private funding required to
improve the efficiency and effectiveness of recycling in rural
areas to recommended levels.
(f) The amount of public and private funding required to
improve the efficiency and effectiveness of recycling in urban
areas to recommended levels.
(g) After thoroughly evaluating the sustainability,
efficiency, and effectiveness of all funding options that produce
an increase in recycling levels, all known sources of potential
funding for recycling other than the recycling fund.
(h) An initial method for distribution of money that may be
realized from sources identified under subdivision (g).
(i) Criteria for recycling and other waste diversion programs
to qualify for funding from sources identified under subdivision
(g) and for grants under section 17503(6)(b).
(3) After complying with subsection (1), the council shall do
all of the following on an ongoing basis:
(a) Recommend changes to the state's comprehensive recycling
plan.
(b) Establish a method for regular review of local recycling
programs to gather information about processes, markets, and
recycling rates.
(c) Advise the department concerning proposed forms and
requirements for reporting expenditures for recycling and other
waste diversion, including expenditure of money received from the
department for waste diversion, and for reporting waste diversion
and recycling accomplished by counties, by solid waste management
planning agencies, and by entities that receive money from the
department for waste diversion.
(d) Review data regarding recycling and other waste diversion
and use the data make recommendations to the department and, as
described in subsection (1), the legislature on the expenditure of
money for waste diversion from sources identified under subsection
(1)(g).
(e) Establish reasonable quantifiable objectives for the
diversion of waste from landfills in this state.
(f) Make recommendations on tax incentives to foster the
development of currently limited markets for recyclable materials
such as electronic goods, batteries, and colored glass.
(g) Recommend all of the following for enactment into law:
(i) Reasonable, quantifiable short-term and long-term
objectives for recycling and other waste diversion.
(ii) Measures to foster the development of markets for recycled
materials.
(iii) Changes to the recycling fund distribution formula in
section 17503, including any changes that would help ensure that
distributions of revenue under section 17503(6) are geographically
balanced considering the proportion of that revenue in the
recycling fund generated from sales transactions in the various
geographic areas of this state.
(h) Review with local recycling officials current local
recycling funding programs to determine if any changes should be
made in these programs.
(i) Based on the state recycling coordinator's study and the
department's report under section 502 of 2003 PA 171, recommend a
strategy for the implementation of bans of additional materials
from landfills.
(j) In cooperation with the department's office of
environmental assistance and the Michigan economic development
corporation, encourage firms that specialize in production of
products from recycled materials to establish business operations
in this state.
(k) Examine manufacturing processes that incorporate equipment
or other technology to utilize recycled materials or to allow for
the recycling of waste products. Based on information gathered
under this subdivision, the council may develop a voluntary "best
recycling practices" standard for businesses in Michigan.
(l) Review all of this state's relevant solid waste management
laws and administrative rules related to recycling and recommend to
the legislature or state agencies changes to promote recycling and
other waste diversion.
(m) Conduct a cost-benefit analysis of expanding the scope of
1976 IL 1, MCL 445.571 to 445.576, compared to alternative ways to
increase recycling.
(n) Assess and report on health and safety concerns arising
from the storage and handling by dealers and distributors of
beverage containers returned under 1976 IL 1, MCL 445.571 to
445.576.
(o) Review the apportionment of the bottle deposit fund and
recommend revisions to more fully compensate distributors and
dealers for costs incurred under 1976 IL 1, MCL 445.571 to 445.576.
(p) Make other recommendations on changes to 1976 IL 1, MCL
445.571 to 445.576.
(q) Create a committee to monitor implementation of the pilot
program for regional beverage container redemption centers and to
monitor the success of 1976 IL 1, MCL 445.571 to 445.576. The
committee shall include dealers, distributors, persons representing
redemption centers, and representatives of environmental
organizations.
(r) Evaluate the sustainability, effectiveness, and efficiency
of pay-as-you-throw programs that have been implemented and
determine whether incentives should be established to encourage the
programs.
(4) The council shall recommend to the department criteria to
use in distributing money under section 17503(6)(b) and shall
review grants made under section 17503(6)(b) for compliance with
the recommended criteria.
(5) As used in this section:
(a) "Effectiveness" means the measurable ability of a program
to maximize recycling participation by the citizens of this state.
(b) "Efficiency" means the ability of a recycling program to
be effective at the lowest possible cost to citizens of this state.
(c) "Sustainability" means the adjustability of a funding
mechanism to ensure the continued success of a program's
effectiveness and efficiency.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 94th Legislature are
enacted into law:
(a) Senate Bill No. 893.
(b) Senate Bill No. 895.
(c) Senate Bill No. 897.
(d) Senate Bill No. 890.