HomeMy WebLinkAboutResolutions - 1990.03.08 - 16727MISCELLANEOUS RESOLUTION # 90054 March 8, 1990
BY: GENERAL GOVERNMENT COMMITTEE
RICHARD G. SKARRITT, CHAIRPERSON
IN RE: SENATE BILL 440 - SUPPORT AMENDMENT TO PROVIDE ECONOMIC
INCENTIVES FOR PUBLIC AND PRIVATELY -OWNED WASTE-TO-
ENERGY FACILITIES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, Senate Bill 440 and the House Substitute Bill provide
state incentives for the use of recycled material, the purchase of compost
from a qualified compost facility and for the sale of steam or electricity
from a privately-owned, qualified resource recovery facility; and
WHEREAS, the Oakland County Board of Commissioners, by
Miscellaneous Resolution #89275, adopted October 26, 1989, supported SB 440
with certain recommended amendments; and
WHEREAS, SB 440 as presently being considered by the state
legislature would provide considerable cash incentives for owners of private
resource recovery facilities, but fails to provide incentives for
municipally-owned resource recovery facilities; and
WHEREAS, landfill tipping fees are expected to be lower than
tipping fees received at resource recovery facilities for an additional interim
period, thus providing an economic disincentive for local governments that
wish to pursue waste reduction goals; and
WHEREAS, Oakland County staff in cooperation with Detroit
Edison, Consumers Power and the City of Detroit have developed language
to amend SB 440 which will equitably deal with incentives for both public
and privately-owned resource recovery facilities and will help offset the
economics of the landfill tipping fee differential.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners supports the Substitute Bill developed by Oakland County,
Detroit Edison, Consumers Power and the City of Detroit (copy attached)
which provides equitable incentives for both public and privately-owned
resource recovery facilities and encourages waste volume reduction by
offsetting part of the economic difference between landfill and resource
recovery 'facility tipping fees.
BE IT FURTHER RESOLVED that copies of this resolution be sent
to the Michigan Association of Counties, legislators from Oakland County and
the County's Legislative Agent.
Mr. Chairperson, on behalf of the General Government Committee,
1 move the adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Resolution 90054 March 8, 1990
Moved by Skarritt supported by Jensen the resolution be adopted.
Vote on resolution: (Mr. Wolf stated he would abstain from voting
because of a possible conflict of interest)
AYES: Huntoon, Jensen, Johnson, Law, Luxon, McConnell, McCulloch,
McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt,
Aaron, Bishop, Caddell, Calandro, Chester. (21)
NAYS: None. (0)
ABSTAIN: Wolf. (1)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing
resolution is a true and accurate copy of a resolution adopted by the Oakland County
Board of Commissioners on March 8, 1990
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 8th day March ,!.7_2'9_,1 990
1 February 15, 1990 Substitute Bill for
2 Senate Bill 440
3 A bill to amend Act No 228 of the Public Acts of 1975,
4 entitled "Single business tax act," as amended, being section
5 208.1 to 208.145 of the Michigan Compiled Laws, by adding section
6 37c.
7 THE PEOPLE OF THE STATE or MICHIGAN ENACT:
8 Section 1. At No. 228 of the Public Acts of 1975, as
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13 CHARGE PER TOSi AS DETERMINED BY THE D, *ARTME':_ OF W:URAL
14 RESOURCES, WHICH A SOLID WASTE HAULER WOULD plaam_paggoaca
15 TYPE II LANDFILL WASTE AT A SANITARY LANDFILL_MICH IS CLASSTFIED
16 TIEE_II_La_DEFINED IN R299,4105 OF THE MICHIGAN ADMINISTRATIVE
17 ELcoDTHISSI_ELE3ALLRE ASNDDZ.,U_E_,
18 QUARTERLY BY THE DEPARTMENT OF NATURAILRESOVRCES.
19 .(B) "BASE QUALIFIED RSOURCE ECOVERY FACILITY
20 MEANS A CHARGE PER TON TO D_M12.Q.E.J2F LID_Wag:MJNI_A
amended, being sections 208.1 to 208.145 of the Michigan Compiled
Laws, is amended by adding section 370 to read as follows:
SEc.37c. (1) AS USED IN THIS SECTION
UU "BASE LANDFILL TIEEING ITEVIAinug_b_REGIgnz,L Aupaqt
20 PRODUCES COMPOST AND 15 CONSISTENT WITH THE SoLID,WASTZ
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23 LOCATE2_21.1tRIEEMIL2146aS.ORTS. OR ,PROCEgaEs RT.
MANAGMENT PLAN FOR THE COUNTY IN WHICH THE FAcILITy Is LocAIER
rOT3ALIEiED_MATE RIALBECOVERY MATE LITIg_m_MEAM A rACIUTY
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dUALIFTED RESOURCE REcoVERL,..1Z2.....I.E. RESOU
2 RECOVERY\FACI ES h CH S BOT TE. .ND ELEcTRIC ouTEm.
•\,
3 T
s
H FEE SHA'LL BE INTTIALLtsET T $O 00 PEE TONE IF
\i .\
(JA\
\, ,\
_IFIED REso1JRCE_JulWaLIKLJUMULTIM_U62_13M_ITs lariEr EFE2B1L4
5 BUT DOES NOT
PATTpuT ,, THIS FEE SHALL BE INITIALLY SET hTi_t7S1,0PER ToN. TUE
7 DE ENT • ATURA ,:ESOUR s SHA REV W THIS , E A -LLY
IN MARCH, TO A.D3UST OR
_-ga tOA LTstyviERacE INDEX Na
kujgg rilEs.DERI___uj EA_NENT_gz, LANE, FOR THIS PURPOSE
pluoR DECEMBER
SHALL BS USED AS A BASIS FOR ANY ADJUSTMENT,
=_TilLit.L_Di_tFiTEW.0_13, WHICH HAVE BEEN
2L.K.E.I_L_NQQALLF=..E.EaguRCE REgoVERy FAcILITIES sniLE_THE LAsT
REVIEW.
MEANS
uLTIIEZ§IPQSITIQN OF 01MTLRSUH_L g_.
26LEM.MASSCPIJalE ITEAND._gyLALL magi,
(Q) "OUALIFIED COMPOST F4cTLITyu mEANa_A_FAcILITXTEAT
To WHICH TO....SELI.LJMA
2
(i) THE FACILITY MEETS THE REOUIREMENTS FOR A RESOURCE
RECOVERY FACILITY ,UNDER SECTION 6Q OF ACT NO, 3 OF THE 'PUBLIC
ACTS oF 1939, BEING SECTION 460.60 OF THE MICHIGAN CoMPILED LAW..
(iii THE FACILITY COMPLIES AND IS CONSISTENT WITH THE soup
WASTE MANAGEMENT PLAN FOR THE COUNTY IN WHICH THE FACILITY IS
LOcATED.
(iii) THEFA.QIITY'S TOTAL ANNUAl.1 FUEL INPUT IS CONPOSDQF
iQLLSS THAN 80% QUALIFIED SOLID WASTE4 EXCLUDING LANDFILL GAS
1G) "zaLlraup uqs_ THAT TERM AS DEFINED IN
TION 60 0 4 NO. 3 OF 4, pUBLIC s oF 193 , DOE- 41T
INcLaDF MATERIAL REGuLATED_AUDELMiE_INTILETEDLAW1975__________OZ____4__MIIE2
sECTIONs 445,571 To 445.576 OF THE mTqugAN COMpILED LAWS.
(H) "RECYCLABLE MATERIAL!' MEANS GLASS, METAL, WOOD, RAPER,.
pLASTICS, RuBBERE_TUTTLEs,Igataa,_MNL=TIEULIZIREI.L.
BATTERIES: OR OTHER MATERIAL APPROVED BY THE DIRECTOR OF THE
DEPARTMQ7JATURL RESOURCES THAT I$E2ARATED PROM 80117,2
pilip THAT COMPLIEs AND Is CONSISTENT WITH Till_a9LID WASTE
MANAGEMENT PLAN FOR THE COUNT)! IN WHICH THE FACILTTY IS LOCATED.
(F)-00uALIFJED REsouRa_MMEEY FACILITY" MEANs AFACILITY
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21 WASTE GENERATED IN THIS ATE FOR T PURPOSE or coNVERSIoN INTO
22 NEy_pRQDE2r,:gisigsuma_RIALT.Is TEWPROQUcTs., BUT
23 DOES NOT INCLUDE MATERIAL REGULATED UNDER.THEINITIATED LAW OE
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197 __ sECTIONS 445.571 TO 445.576 QTE MICHTQNQQ74PILED
2 LAW.5._t. •
3 ..ilsoLip WASTE". MEANS THAT TERN.AS DEFINEO IN .SECTTON7OF
THE SOLIDHWASTE
2.221.3...3 CI 2 2-2.4-9-7-1a_OMPILED LAWS,
• _67 "sa .HAULER"a__ILHILIE SEAN5—TERILALAIZEIM21 .
SECTION 7 OF THE SOLID WASTE MANAGEMENT ACT,_ ACT NO. ,641 OF THE
8 • 1 ACTS Or 1978 BEIN ! TION 299,407 * E MTCHIGA
9 coMPILED LAWS
10 (X) "SOLID WASTE MANAGEMENT PLAN" ETANS THE PLAN RIPUIRE.2
11 UNDER THE SOLID WASTE MANAGEMENT ACT, ACT NO. 641 OF THE PUBLIC
12 ACTS OF 1978, BEING SECTIOE5_292.4017_r2_27OFfIcHr
13 COMPILED LAWS, TO ASSURE THE COLLECTION, RECOVERY, rs0CEs$ING L OR
14 DISPOSAL OF THE SOLID WASTE GENERATED IN A GIVEN NNINEA.
15 (L) "SOLID WASTE TRANSPORTING UNIT" MEANS THAT TERM AS
16 DEFII_Lja_ar_T_M CION70F2rHESOLIDEMGEMENTACACTNO.
17 A41_22E_TEK_EIBII_Ag2_$_=„921,_m_INg_a_umnl_2224.407_p_T_TEB
18 MICHIGAN COMPILED LAWS.
19 •i.M) "TYPE II . LANDFILL WASTE" MEANS WASTE WHICH CAN B
20 DEPOSITED IN A TYPE II SANITARY LANDFILL IT
21 U_QL_IHR299.41 ,EMICHIGANADRAECODEANDINESBUT----
22 _l_g_LNE2TLIMVIF RJIBBJ 11_,FaXcLaDES HAZARDOUS
23 WASTE.
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MIS 4
1 (2I_ TAXPAYER uRcliAsE
2 PURPOSE OF1SrQ/M3L_ITING HE_RECYQTA3k,E EW_rjig:mcT
INTO MATERIAL USED TO PRODUCE NEW PRODUCTS MAY CLAIM A CREDIT
• 4 Acial'E =1_1. PCg_2$_E,ajaX_THIS ACT EQUALTO 15% OUNT
5 THE T;LxA2A Ryx..._yffEENDa LE M I&TEREL FROM
6 QUALIFIED MATERIAL RECOVERY CENTER, THE CREDIT ALLOWED BY THIS
7 on. jiusmuN =._iti_mire_mc YEAR IN WHICJTHE
8 TAXPAYER CONVERTS THE RECYCLABLE MATERIAL INTO A NEW PRODUCT QR A
9 MATERIAL USED TO PRODUCE A NEW PRODUCT A QUALIFIED MATERIAL
10 RECOVERY CNTER SHALl.,cos CLAIM .THE CREDIT ALL WEDUNDER THZ.
11 SUBSEMON.
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13 BY THIS ACT EQUAL PO, 15% OF THg AMOTJET_LITE TAXPAYER EXPENDS TO,
14 pURCHASE COMPOST FROM A QUALIFIED COMPOST, FACILITY,
15 (4) A TAXPAYER THAT PURCHASES. STEAM_FIR RESALE, FOR
16 HQ'l FOR COOLING.,ANUFACTaBING PRQM5g4=_Na___ J=Z
17 ELECTRIC GENERATION, MAY CLAIM A CREILUJ_JM.120j_ILLSTAILITUNDs OF
18 STEAMPURCHASED, AGAINST THE TAX IMPCSEDY THIS ACT OUAL.TO_rENE
19 AMOUNT BY WHICH PAYMENTS, PER 1,000 poullo_oF STElat_i_QL,Lar E
20 STEAM PttM_IAS E,D.2_,M191_11Quialitt_LaU0=E RE C Q:=C,Y_EK,Luaa_.
21 EXCEED THE BASE STEAM COS.1_,__.$5_,Ei...102M2=411.L..sY_SIIAM__A
22 CREDIT CLAIMED UNDER Tliia_mgQa_rI gjAr tazAzzolLim
23 ..L.I NDSrn
TAXPAYER MAY cLAIDI A CREDIT AGAINST THE TAX IMPOSED
-5 llonn
DEPARTMENT OF ATU°4 RESsURCE, IN
S REVIEW ...ASE , EM OST S 4,LL B iDJUS ED TO "EFL ITANY
ANNUALLY IN BY TH
WHICH HAS „TAKEN ?LACE IN TH IN D PRI UMER ONS
6 MID
I
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0 BASE STEAM_COST SHALL DD REVIEWED, FOR AwusTmENT I ,
hDJUST
FOR _EACH_ D SOL
OUP
132cau TING Fue_m_p_m_mar LANDFILL TIPPING FEE
IN THE EVENT THAT THE OWNER OF A OUALIFIED RESOURCE RECOVERY
FACILITY IS EXEMPT FRCYPI THE TALIMPQZEP BY THIS AU.21N1_019112
Taa_ukumajmoxamaamygRy FACILITYjiftALL ZE_ENTITLED TO AN
Ala/A1L_PAYMETE'CREDIT_INTARAGRAPH FIVE (5). ,
Tja...A11111)_AL BK,S,LAIMEE
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10 WASTE HAULER, MAY CLAIM A CRE
11 WASTE ACCEPTED, AGAINST THE. TAX IMPOSED BI-1nS J IN AN AMQiT
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19 ANNUAL IN THE FORM Aun_y_m_mg,
21 THE YEAR FOLOWIN THE
22 CLAIMED,
PRIOR 12-WINTIax_ISgLalia,=.02PE THE CONMER PCE INDEX FOR
12 MONTHS ENDING TIEPRIOR DEPEMBraj_A_a_MT-__S.,11aPr_l_i_YH.W.2_
1.'ARTv OF -40R SA;LL BH SFr) '. A BA _S FO" 'NY
(5) A TAXPAYER WHO OWNS A oumanzaLuagmo RECOVERX
FACILITY AND WHO CEIN ED,_$L Q&OIDWASEFRJA_S_U_ID_
L TO 50% OF THE EXCESS BETWEEN, THE BASE OUATAFIED RESOURCE
EtA 1,21_1
20 CONTENT PRESCRIBED By THE EL ,RTMEN_OF REV:,,NUE 4:-FORE .-474 1 OF wvz
t;
LIABT LITY OF THE TA
UNDER THIS ACT t_ THEpmETBALT_r_p_
fr.QTEATayupaym,_
4 4 °FINAL
