SB-0675, As Passed House, November 12, 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 675

 

 

June 25, 2009, Introduced by Senators BARCIA, CROPSEY and PAPPAGEORGE and referred to the Committee on Economic Development and Regulatory Reform.

 

 

 

     A bill to amend 1955 PA 233, entitled

 

"An act to provide for the incorporation of certain municipal

authorities to acquire, own, extend, improve, and operate sewage

disposal systems, water supply systems, and solid waste management

systems; to prescribe the rights, powers, and duties thereof; to

authorize contracts between such authorities and public

corporations; to provide for the issuance of bonds to acquire,

construct, extend, or improve the systems; and to prescribe

penalties and provide remedies,"

 

by amending section 1 (MCL 124.281), as amended by 1981 PA 154.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Authority", unless the context clearly implies a

 

different meaning, means an authority incorporated under section 2.

 

     (b) "Constituent municipality" or "constituent municipalities"

 

includes all of the municipalities that signed or became

 


signatories of articles of incorporation of any authority

 

incorporated under this act. However, if an authority is

 

incorporated by 2 or more counties, each municipality within the

 

respective territorial limits of the counties, whether the counties

 

are original incorporators or subsequently became a constituent

 

part of the authority under section 6, is a constituent

 

municipality.

 

     (c) "Indian tribe" means an Indian tribe, band, nation, or

 

other organized group or community of Indians that is recognized as

 

eligible for services by the United States secretary of the

 

interior because of their status as Indians.

 

     (d) "Municipality" means a county, township, city, or village.

 

     (e) (a) "Sewage disposal system" ," includes all interceptor

 

sewers, storm sewers, sanitary sewers, combined sanitary and storm

 

sewers, sewage treatment plants, and all other plants, works,

 

instrumentalities, and properties used or useful in connection with

 

the collection, treatment, or disposal of sewage or industrial

 

wastes.

 

     (b) "Water supply system," includes all plants, works,

 

instrumentalities, and properties used or useful in connection with

 

obtaining a water supply, the treatment of water, or the

 

distribution of water.

 

     (f) (c) "Solid waste management system" includes all plants,

 

works, instrumentalities, and properties used or useful in

 

connection with the collection, transportation, processing, or

 

disposal of discarded or waste materials of any sort, including

 

access roads and facilities for resource recovery. " Solid waste

 


management system " does not include the storage or disposal of

 

toxic materials.

 

     (d) "Municipality," includes each county, township, city, or

 

village.

 

     (e) "Constituent municipality" or "constituent municipalities"

 

includes all of the municipalities which signed or became

 

signatories of articles of incorporation of any authority

 

incorporated under this act, except if the authority is

 

incorporated by 2 or more counties, in which event each

 

municipality within the respective territorial limits of the

 

counties as are either original incorporators or subsequently

 

become a constituent part of the authorities under section 6, shall

 

be considered to be a constituent municipality for the purposes of

 

this act.

 

     (g) "Water supply system" includes all plants, works,

 

instrumentalities, and properties used or useful in connection with

 

obtaining a water supply, the treatment of water, or the

 

distribution of water.