2005 House Bill 5176 / 2006 Public Act 57

Ban Canadian waste imports if Congress allows

Introduced in the House

Sept. 13, 2005

Introduced by Rep. Daniel Acciavatti (R-32)

To prohibit the disposal in Michigan landfills of solid waste from Canada if Congress passes a law authorizing states to ban such imports. Under current federal law and international treaties (NAFTA), states may not prohibit solid waste imported from other states or Canada.

Referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment

Sept. 15, 2005

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Sept. 21, 2005

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Kathleen Law (D-23)

To impose a $7.50 per ton tipping fee for all solid waste deposited in Michigan landfills if Congress does not pass the legislation this bill is predicated on, with the money being used to promote and pay for recycling programs.

The amendment failed 46 to 57 (details)

Amendment offered by Rep. Herb Kehrl (D-56)

To tie-bar the bill to House Bill 4760, meaning this bill cannot become law unless that one does also. HB 4760 would extend until 2010 a moratorium on permits for new landfills. Under current law the moratorium will expire after 2005.

The amendment failed 50 to 57 (details)

Passed in the House 105 to 3 (details)

Received in the Senate

Sept. 22, 2005

Referred to the Committee on Natural Resources and Environmental Affairs

Nov. 3, 2005

Reported without amendment

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

Nov. 30, 2005

Substitute offered

To replace the previous version of the bill with one that would not abrogate current contracts between landfills and out-of-state entities, but these could not be renewed.

The substitute passed by voice vote

Dec. 1, 2005

Amendment offered by Sen. Liz Brater (D-18)

To tie-bar the bill to Senate Bill 256, meaning this bill cannot become law unless that one does also. SB 256 would impose a $6 per ton solid waste disposal surcharge on solid waste placed in Michigan landfills.

The amendment failed 10 to 25 (details)

Amendment offered by Sen. Liz Brater (D-18)

To tie-bar the bill to House Bill 4760, meaning this bill cannot become law unless that one does also. HB 4760 would extend until 2010 a moratorium on permits for new landfills.

The amendment failed 12 to 23 (details)

Passed in the Senate 34 to 1 (details)

To prohibit the disposal in Michigan landfills of solid waste from Canada if Congress passes a law authorizing states to ban such imports. Under current federal law and international treaties (NAFTA), states may not prohibit solid waste imported from other states or Canada. Current contracts between landfills and out-of-state entities would not be abrogated, but could not be renewed.

Received in the House

Dec. 1, 2005

Received in the Senate

March 1, 2006

Motion to reconsider by Sen. Beverly Hammerstrom (R-17)

The vote by which the bill was passed.

The motion passed by voice vote

Amendment offered by Sen. Ken Sikkema (R-28)

To abrogate current contracts between landfills and out-of-state entities should Congress give states the authority to ban Canadian garbage.

The amendment passed by voice vote

Passed in the Senate 37 to 0 (details)

To adopt a version of the bill that would abrogate current contracts between landfills and out-of-state entities should Congress give states the authority to ban Canadian garbage. Note: Under Article 1, section 10 of the Michigan Constitution, "No . . . law impairing the obligation of contract shall be enacted".

Received in the House

March 1, 2006

Passed in the House 70 to 4 (details)

To concur with the Senate-passed version of the bill, which would abrogate current contracts between landfills and out-of-state entities should Congress give states the authority to ban Canadian garbage. Note: Under Article 1, section 10 of the Michigan Constitution, "No . . . law impairing the obligation of contract shall be enacted".

Signed by Gov. Jennifer Granholm

March 9, 2006