To: Dr. Beverly Brown, Community & Economic Development Committee Chairperson
From: Derek Bradshaw, Director
title
RE: County Approval Agency Appointment for Materials Management Plan
recommendation
BOARD ACTION REQUESTED:
GCMPC is requesting the Board of Commissioners to accept the responsibility of County Approval Agency (CAA) for Genesee County’s Materials Management Plan (MMP).
BACKGROUND:
Governor Whitmer signed an eight-bill package (HB 4454-4461, also known as Part 115 of the Natural Resources and Environmental Protections Act) into law on December 22, 2022. Effective March 29, 2023, this legislation updates Michigan’s solid waste management system with the primary intention of increasing the statewide recycling rate. As part of the new legislation, the Michigan Department of Environment, Great Lakes, and Energy (EGLE) is requiring each county in Michigan to develop a Materials Management Plan, previously called a Solid Waste Management Plan. The new MMPs will shift focus away from establishing landfill disposal capacity for garbage to waste diversion through recycling and composting programs. Funding will be provided by the State to counties to develop the new MMPs.
DISCUSSION:
The County Approval Agency is the entity responsible for preparing, approving, and implementing the Genesee County Materials Management Plan. Primary duties of the CAA include appointing the Designated Planning Agency (DPA) who will complete day-to-day activities for MMP development, appointing the Materials Management Planning Committee (MMPC) who will guide the plan development process, and approving the MMP prior to municipal and EGLE approval. Under state law, the Board of Commissioners is the first agency to receive a request from EGLE to assume responsibility of the CAA. If the Board of Commissioners accepts this responsibility, a notice of intent (NOI) will be filed with EGLE indicating this decision, allowing the development of the MMP to commence. Note that before a NOI can be filed, the CAA shall consult with adjacent counties on the potential for developing a multicounty MMP. If a multicounty MMP is decided upon, interlocal agreements shall be completed prior to filing the NOI. If a multicounty MMP is declined, then the NOI can be filed with the indication that a MMP will be developed for Genesee County only. If the Board of Commissioners declines the CAA responsibility entirely, then a request will be made to both the municipalities in Genesee County and the regional planning agency to accept responsibility. Whichever entity accepts responsibility first will become the CAA. If all these entities decline, then EGLE will prepare Genesee County’s MMP.
IMPACT ON HUMAN RESOURCES:
No impact on human resources.
IMPACT ON BUDGET:
Development of the Genesee County Materials Management Plan will be funded through a Materials Management Planning Grant provided by the State to each County. Grant funding will be received once the CAA appoints a DPA as well as a MMPC and the DPA develops a work program that is approved by the MMPC and EGLE.
IMPACT ON FACILITIES:
No impact on facilities.
IMPACT ON TECHNOLOGY:
No impact on technology.
CONFORMITY TO COUNTY PRIORITIES:
To meet Genesee County’s priority of healthy, livable, and safe communities, the development of the Genesee County Materials Management Plan will shift focus away from landfill disposal capacity for garbage to enhancing local recycling and composting programs. These waste diversion programs are essential for preserving the environment, conserving resources, reducing energy consumption, and promoting sustainable practices. Waste diversion is a key component of a comprehensive approach to materials management that aims to minimize the environmental and social impacts of waste generation.
resolution
TO THE HONORABLE CHAIRPERSON AND MEMBERS OF THE GENESEE COUNTY BOARD OF COMMISSIONERS, GENESEE COUNTY, MICHIGAN
LADIES AND GENTLEMEN:
BE IT RESOLVED, by this Board of County Commissioners of Genesee County, Michigan, that the request by the Planning Commission Director to authorize accepting the responsibility of being the County Approval Agency (“CAA”) for Genesee County’s Materials Management Plan (“MMP”), the CAA being the entity responsible for preparing, approving, and implementing the Genesee County MMP, the primary duties of which include appointing the Designated Planning Agency (DPA), who will complete day-to-day activities for MMP development, appointing the Materials Management Planning Committee (MMPC) who will guide the plan development process, and approving the MMP prior to municipal and Michigan Department of Environment, Great Lakes, and Energy (“EGLE”) approval; upon acceptance of this responsibility, a notice of intent will be filed with EGLE indicating this decision, allowing the development of the MMP to commence, is approved (a copy of the memorandum request being on file with the official records of the April 17, 2024 meeting of the Community and Economic Development Committee of the Board).