Bill Text: MI SB0507 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Environmental protection; recycling; registration and reporting requirements; establish for recyclers of material from residential and commercial waste. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding pt. 175.
Spectrum: Strong Partisan Bill (Republican 10-1)
Status: (Passed) 2016-04-12 - Assigned Pa 0055'16 With Immediate Effect [SB0507 Detail]
Download: Michigan-2015-SB0507-Engrossed.html
SB-0507, As Passed House, March 16, 2016
SENATE BILL No. 507
September 24, 2015, Introduced by Senators GREEN, SCHMIDT, O'BRIEN, BRANDENBURG, WARREN, EMMONS, PAVLOV, KOWALL, SCHUITMAKER, MACGREGOR and ZORN and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding part 175.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 175 RECYCLING REPORTING
Sec. 17501. As used in this part:
(a) "Commercial waste" means all types of solid waste
generated by stores, offices, restaurants, warehouses, and other
nonmanufacturing activities, but does not include household waste
from single residences, hazardous waste, or industrial waste.
Commercial waste includes solid waste from any of the following:
(i) Multiple residences.
(ii) Hotels and motels.
(iii) Bunkhouses.
(iv) Ranger stations.
(v) Campgrounds.
(vi) Picnic grounds.
(vii) Day-use recreation areas.
(b) "Department" means the department of environmental
quality.
(c) "Household waste" means any solid waste that is derived
from single residences, but does not include any of the following:
(i) Commercial waste.
(ii) Industrial waste.
(iii) Construction and demolition waste.
(d) "Recyclable materials" means that term as it is defined in
section 11505.
(e) "Recycling" means an action or process, such as
separation, sorting, baling, or shipping, applied to reportable
recyclable materials for the purposes of reuse or conversion into
raw materials or new products.
(f) "Recycling establishment" means an establishment engaged
in recycling of, or brokering of, reportable recyclable materials.
Recycling establishment does not include any of the following:
(i) An establishment that recycles fewer than 100 tons per
year.
(ii) A retail establishment that bales cardboard packaging for
off-site shipment.
(iii) A retail establishment that collects returnable beverage
containers under 1976 IL 1, MCL 445.571 to 445.576, for transfer to
a recycling establishment.
(iv) An end user of reportable recyclable materials such as a
paper mill, steel mill, foundry, or die caster that converts the
reportable recyclable materials into new products or raw materials
for conversion into new products.
(v) A drop-off recycling location that sends all reportable
recyclable materials to a recycling establishment registered under
section 17502.
(vi) An establishment that ships reportable recyclable
material to recycling establishments registered under section 17502
but that does not engage in any other recycling.
(g) "Reportable recyclable materials", subject to subdivision
(h), means any of the following categories of recyclable materials
that are separated from household waste or commercial waste, or
from a combination of household waste and commercial waste, and
that are delivered to a recycling establishment for recycling:
(i) Glass.
(ii) Paper and paper products.
(iii) Plastic and plastic products.
(iv) Ferrous metal, including white goods.
(v) Nonferrous metal.
(vi) Textiles.
(vii) Single stream recyclable materials that include any
combination of the materials listed in subparagraphs (i) to (vi).
(h) "Reportable recyclable materials" does not include any of
the following:
(i) Materials or products that contain iron, steel, or
nonferrous metals and that are directed to or received by a person
subject to the scrap metal regulatory act, 2008 PA 429, MCL 445.421
to 445.443, or by a reuser of these metals.
(ii) Materials generated from the shredding or dismantling of
motor vehicles or parts of motor vehicles.
(iii) A beneficial use by-product, as defined in section
11502.
(iv) A covered electronic device reported under part 173.
Sec. 17502. A recycling establishment shall annually register
with the department on a form provided by the department and
containing the recycling establishment's name, location, postal
mailing address, electronic mail address, and telephone number and
the name of the recycling establishment's contact person. The
recycling establishment shall register each year by July 1.
However, a recycling establishment established after the effective
date of this section and after June 1 but not after December 1
shall first register not later than 30 days after it is
established.
Sec. 17503. (1) A recycling establishment in this state shall
report to the department the amount of each category of reportable
recyclable material received by and the amount shipped from the
recycling establishment. For each state fiscal year, the recycling
establishment shall, at its option, submit either an annual report
or 4 quarterly reports. All of the following apply:
(a) If the recycling establishment opts to submit an annual
report covering the October 1 to September 30 state fiscal year,
the report shall be submitted by the following November 15.
(b) If the recycling establishment opts to submit quarterly
reports, the reports shall be submitted by the following dates:
(i) For the October 1 to December 31 quarter, by the following
February 15.
(ii) For the January 1 to March 31 quarter, by the following
May 15.
(iii) For the April 1 to June 30 quarter, by the following
August 15.
(iv) For the July 1 to September 30 quarter, by the following
November 15.
(c) A report shall specify quantities of reportable recyclable
materials in tons. Quantities may be determined using a volume-to-
weight conversion formula provided by the department.
(d) A report may provide only aggregate quantities for
multiple recycling establishments if the report identifies each
recycling establishment covered by the report.
(e) A report shall be submitted in the manner provided by the
department.
(f) A report shall comply with any reporting guidelines
established by the department to ensure that reportable recyclable
materials are not counted more than once.
(g) A report is not required to cover recycling establishment
activities occurring before October 1, 2016.
(2) A person that is not a recycling establishment may
voluntarily submit reports under this section.
Sec. 17504. (1) Except as provided in subsection (2),
information contained in a report from a recycling establishment
under this part is confidential, shall not be disclosed by the
department, and is exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) The department may aggregate data contained within reports
submitted from recycling establishments under this part for the
purpose of determining statewide quantities of reportable
recyclable materials that were recycled. Subsection (1) does not
apply to this aggregated data but does apply to information
identifying a recycling establishment.
Sec. 17505. (1) The department shall annually post on its
website all of the following:
(a) The aggregated amount of reportable recyclable materials
by category listed in section 17501(g) that were recycled during
the preceding state fiscal year.
(b) The total aggregated amount of reportable recyclable
materials that were recycled during the preceding state fiscal
year.
(2) By January 31, 2018 and each year thereafter, the
department, after consultation with interested parties, shall
submit to the legislature a report on this part, including
information posted under subsection (1) and any recommendations for
amendments to this part.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
