HB-4221, As Passed House, April 17, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4221

(As amended April 17, 2007)

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding sections 11532a and 11532b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 11532a. (1) Beginning June 1, 2007, a recycling and waste

diversion surcharge of $7.50 is assessed on each ton of solid waste

that is disposed of in a landfill [

]. However, a surcharge shall not be assessed on

municipal solid waste incinerator ash disposed of in a landfill[.

                               ]]]

     (2) The owner or operator of a landfill [

] shall pay the recycling and waste diversion

surcharges under this section to the department within 30 days

after the end of each quarter of the state fiscal year. The

House Bill No. 4221 (H-1) as amended April 17, 2007

department shall forward all recycling and waste diversion

surcharges it receives to the state treasurer for deposit into the

recycling fund.

     (3) The owner or operator of a landfill [

] who is required to pay the recycling and waste

diversion surcharge under subsection (2) may pass through and

collect the surcharge from the generators of the solid waste or

from the persons who arranged for its delivery to the solid waste

hauler or transfer facility, notwithstanding the provisions of any

contract or agreement to the contrary or the absence of any

contract or agreement.

Sec. 11532b. (1) The recycling and waste diversion fund is

created within the state treasury.

     (2) The state treasurer may receive money or other assets from

any source for deposit into the recycling fund. The state treasurer

shall direct the investment of the recycling fund. The state

treasurer shall credit to the recycling fund interest and earnings

from recycling fund investments.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 4222 of the 94th Legislature is enacted into

law.