HOUSE BILL No. 4955 June 24, 1997, Introduced by Reps. LaForge, Birkholz, Jelinek, Schroer, Brater, Richner, Cassis and Perricone and referred to the Committee on Local Government. A bill to amend 1967 (Ex Sess) PA 7, entitled "Urban cooperation act of 1967," by amending the title and section 508a (MCL 124.508a), the title as amended by 1989 PA 138 and section 508a as amended by 1996 PA 45. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to provide for interlocal public agency agreements; 3 to provide standards for those agreements and for the filing and 4 status of those agreements; to permit the allocation of certain 5 taxes or money received from tax increment financing plans as 6 revenues; to permit tax sharing; to provide forthe imposition7ofcertainsurchargesRATES AND CHARGES; and to provide for 8 additional approval for those agreements. 03386'97 TLG 2 1 Sec. 8a. (1) Subject tothe requirement of subsection (2)2 SUBSECTIONS (3) AND (7), a county, by resolution of the county 3 board of commissioners of the county, or the agency responsible 4 for preparing the solid waste management plan forcountiesA 5 COUNTY with a population of 690,000 or more as certified by the 6 1980 census thatdoDOES not operate underAct No. 139 of the7Public Acts of 1973, being sections 45.551 to 45.573 of the8Michigan Compiled Laws, or Act No. 293 of the Public Acts of91966, being sections 45.501 to 45.521 of the Michigan Compiled10Laws1973 PA 139, MCL 45.551 TO 45.573, OR 1966 PA 293, 11 MCL 45.501 TO 45.521, as provided in part 115(solid waste12management)of the natural resources and environmental protec- 13 tion act,Act No. 451 of the Public Acts of 1994, being sections14324.11501 to 324.11549 of the Michigan Compiled Laws1994 15 PA 451, MCL 324.11501 TO 324.11549, may imposea surcharge on16householdsRATES OR CHARGES within the countyof not more than17$2.00 per month or $25.00 per year per household forON THE 18 USERS OR BENEFICIARIES OF waste reduction programsandFOR 19 PROPERTY USED PRIMARILY FOR RESIDENTIAL PURPOSES AND OF PROGRAMS 20 for the collection of consumer source separated materials for 21 recycling or composting FROM PROPERTY USED PRIMARILY FOR RESIDEN- 22 TIAL PURPOSES including, but not limited to, recyclable materi- 23 als, as defined in part 115 ofAct No. 451 of the Public Acts of241994THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 25 1994 PA 451, MCL 324.11501 TO 324.11549, household hazardous 26 wastes, tires, batteries, and yard clippings. THE RATE OR CHARGE 03386'97 3 1 SHALL NOT EXCEED $25.00 ANNUALLY FOR EACH DWELLING UNIT INTENDED 2 TO BE OCCUPIED BY A SINGLE HOUSEHOLD. 3 (2) THE MAXIMUM RATE OR CHARGE AUTHORIZED BY THIS SECTION 4 SHALL BE ADJUSTED EACH JANUARY 1, BEGINNING JANUARY 1, 1997, PUR- 5 SUANT TO THE ANNUAL AVERAGE PERCENTAGE INCREASE OR DECREASE IN 6 THE CONSUMER PRICE INDEX. THE ADJUSTMENT FOR EACH YEAR SHALL BE 7 MADE BY COMPARING THE CONSUMER PRICE INDEX FOR THE 12-MONTH 8 PERIOD ENDING THE PRECEDING OCTOBER 31 WITH THE CORRESPONDING 9 CONSUMER PRICE INDEX OF 1 YEAR EARLIER. THE PERCENTAGE INCREASE 10 OR DECREASE SHALL THEN BE MULTIPLIED BY THE CURRENT MAXIMUM RATE 11 OR CHARGE AUTHORIZED BY THIS SECTION. THE PRODUCT SHALL BE 12 ROUNDED UP TO THE NEAREST MULTIPLE OF 50 CENTS AND SHALL BE THE 13 NEW MAXIMUM RATE OR CHARGE AUTHORIZED BY THIS SECTION. THE 14 ADJUSTED MAXIMUM RATE OR CHARGE AUTHORIZED BY THIS SECTION SHALL 15 BE DETERMINED AND ANNOUNCED BY THE DIRECTOR OF THE DEPARTMENT OF 16 ENVIRONMENTAL QUALITY ON OR BEFORE DECEMBER 15 OF EACH YEAR AND 17 SHALL BE PROVIDED UPON REQUEST. 18 (3)(2)A county or agency shall defer the imposition and 19 collection of asurchargeRATE OR CHARGE imposed under subsec- 20 tion (1) in a local GOVERNMENTAL unitof governmentwithin that 21 county until the county or agency has entered into an interlocal 22 agreement under this act relating to the collection and disposi- 23 tion of thesurchargeRATE OR CHARGE with the local 24 GOVERNMENTAL unit.of government.However, a city in a county 25 in which the agency described in subsection (1) prepared the 26 update to the county's solid waste management plan as provided in 27 part 115 ofAct No. 451 of the Public Acts of 1994THE NATURAL 03386'97 4 1 RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, 2 MCL 324.11501 TO 324.11549, shall not enter into an interlocal 3 agreement under this subsection if the city has levied a tax of 3 4 mills on real property within the city for the disposal or man- 5 agement of solid waste in that city. 6 (4) IF A LOCAL GOVERNMENTAL UNIT IS RESPONSIBLE FOR COLLECT- 7 ING A RATE OR CHARGE UNDER AN INTERLOCAL AGREEMENT UNDER 8 SUBSECTION (3), THE GOVERNING BODY OF THAT LOCAL GOVERNMENTAL 9 UNIT MAY DO 1 OF THE FOLLOWING: 10 (A) ANNUALLY CERTIFY AMOUNTS DELINQUENT FOR 3 MONTHS OR MORE 11 TO THE PROPER TAX COLLECTING OFFICER TO BE ENTERED IN A SEPARATE 12 COLUMN ON THE NEXT TAX ROLL AGAINST THE REAL PROPERTY INCLUDING 13 THE DWELLING UNIT FOR WHICH THE RATE OR CHARGE WAS IMPOSED AND 14 PROVIDE THAT AMOUNTS ENTERED ON THE TAX ROLL BECOME A LIEN 15 AGAINST THAT REAL PROPERTY. 16 (B) CERTIFY THE RATE OR CHARGE TO THE PROPER TAX COLLECTING 17 OFFICER TO BE ENTERED DIRECTLY IN A SEPARATE COLUMN ON THE NEXT 18 TAX ROLL AGAINST THE REAL PROPERTY INCLUDING THE DWELLING UNIT 19 FOR WHICH THE RATE OR CHARGE WAS IMPOSED FOR INITIAL COLLECTION 20 IN THE SAME MANNER AS AD VALOREM PROPERTY TAXES UNDER THE GENERAL 21 PROPERTY TAX ACT, 1893 PA 206, MCL 211.1 TO 211.157, AND PROVIDE 22 THAT AMOUNTS ENTERED ON THE TAX ROLL BECOME A LIEN AGAINST THAT 23 REAL PROPERTY. 24 (5) IF A RATE OR CHARGE ENTERED IN A SEPARATE COLUMN ON THE 25 TAX ROLL PURSUANT TO SUBSECTION (4) IS NOT PAID BEFORE 26 FEBRUARY 15, THE RATE OR CHARGE SHALL BE RETURNED TO THE COUNTY 27 TREASURER AS DELINQUENT AND COLLECTED IN THE SAME MANNER AS 03386'97 5 1 PROVIDED FOR THE COLLECTION OF DELINQUENT TAXES UNDER THE GENERAL 2 PROPERTY TAX ACT, 1893 PA 206, MCL 211.1 TO 211.157. 3 (6) THE PAYMENT OF A RATE OR CHARGE PURSUANT TO AN INTERLO- 4 CAL AGREEMENT UNDER THIS SECTION MAY BE ENFORCED BY DISCONTINUING 5 WASTE REDUCTION SERVICE OR CONSUMER SOURCE SEPARATED MATERIALS 6 COLLECTION SERVICE TO THE PROPERTY INCLUDING THE DWELLING UNIT 7 FOR WHICH THE RATE OR CHARGE IS IMPOSED. SUBSECTIONS (4) AND (5) 8 AND THIS SUBSECTION DO NOT LIMIT THE AUTHORITY OF THE COUNTY, 9 AGENCY, OR LOCAL GOVERNMENTAL UNIT TO COLLECT A RATE OR CHARGE BY 10 ANY OTHER MEANS AUTHORIZED BY LAW FOR THE COLLECTION OF A DEBT. 11 (7) Petitions for a referendum election on the question of 12 entering an interlocal agreement WITH A COUNTY OR AGENCY under 13thissubsection (3) may be filed with thelocal unitsclerk 14noOF THE LOCAL GOVERNMENTAL UNIT NOT later than 6 months fol- 15 lowing adoption of a resolution of the county or agency to impose 16 thesurchargeRATE OR CHARGE or 6 months following any increase 17 in thesurchargeRATE OR CHARGE. Upon petition of 10% of the 18 qualified electors ofaTHE local GOVERNMENTAL unitof19governmentvoting in the last general electionprior toBEFORE 20 the adoption of the interlocal agreement by the governing body, 21 the local GOVERNMENTAL unitof governmentshall hold a referen- 22 dum on whether to reject the entrance into or terminateanTHE 23 interlocal agreement underthissubsection (3). IF THE REFER- 24 ENDUM IS HELD AFTER THE LOCAL GOVERNMENTAL UNIT HAS ENTERED INTO 25 AN INTERLOCAL AGREEMENT AND THE ELECTORS OF THE LOCAL GOVERNMEN- 26 TAL UNIT VOTE TO TERMINATE THE INTERLOCAL AGREEMENT, THE LOCAL 03386'97 6 1 GOVERNMENTAL UNIT SHALL CEASE TO BE A PARTY TO THE INTERLOCAL 2 AGREEMENT EFFECTIVE 1 MONTH AFTER THE DATE OF THE ELECTION. 3 (8)(3)As used in this section:, agency4 (A) "AGENCY" does not include the department ofnatural5resourcesENVIRONMENTAL QUALITY. 6 (B) "CONSUMER PRICE INDEX" MEANS THE ANNUAL AVERAGE PERCEN- 7 TAGE INCREASE IN THE DETROIT CONSUMER PRICE INDEX FOR ALL ITEMS 8 AS REPORTED BY THE UNITED STATES DEPARTMENT OF LABOR. 03386'97 Final page. TLG