Archive for October, 2024

State’s final rules on energy siting raise host of questions

The Michigan Public Service Commission’s (MPSC) final rules for implementing the new law on renewable energy siting generally favor solar and wind developers over local governments and are particularly unsympathetic toward counties. MAC recently reported on the release of the formal application instructions and procedures following a lengthy stakeholder engagement process and multiple rounds of public comment. The final product is substantially different from both the law and initial MPSC recommendations.  

Defining ‘Affected Local Unit’

Public Act 233 defines an “affected local unit (ALU)” as “a unit of local government in which all or part of a proposed energy facility will be located.” Meaning, if a facility lies in a township, then a county is also an affected local unit. The law goes on to say that if a project is sited by the MPSC a developer “shall enter into a host community agreement with each affected local unit.” Additionally, a developer “shall make a one-time grant to each affected local unit for an amount determined by the commission but not more than $75,000 per affected local unit and not more than $150,000 in total,” to be deposited into an intervenor compensation fund.

The MPSC rules, however, define an ALU as “limited to include only those local units of government that exercise zoning jurisdiction.” This means that if a county is not responsible for zoning, they are ineligible for the $2,000 per megawatt community host agreement dollars and intervenor funds. In April, MAC submitted public comment to the MPSC arguing that all counties “will be impacted by the presence of a renewable energy facility: county resources will be utilized, infrastructure will be altered, acres will be occupied, constituents will voice their concerns, master plans will be re-examined, etc. It is critical that all levels of government are recognized when administering PA 233.” Ultimately, the MPSC prioritized the wants of developers in this section.

Compatible Renewable Energy Ordinance (CREO)

In the rules, the MPSC establishes that it will not resolve disputes over what is and what is not a CREO. If an ALU claims to have a CREO but includes any provisions not explicitly outlined in section 226(8) of the PA 233, a developer can file a complaint with an “administrative law judge pursuant to the Commission’s rules of practice and procedure.” The ALU will then be ineligible for the community host agreement dollars and intervenor funds, in addition to losing CREO status. The rules make no mention of a path toward regaining CREO status, which was previously included in staff recommendations.

Should an ALU adopt a “workable ordinance” rather than a CREO, and a developer decides they would prefer to go through the MPSC process, the ALU is then still eligible for community host agreement dollars and intervenor funds.

What’s next?

The vast discrepancies between the rules and statute will undoubtedly result in litigation. The new law takes effect on Nov. 29 and MAC anticipates several lawsuits, both before and after that date. In fact, Foster Swift and Cato Township have already initiated a class action lawsuit against the MPSC. If a municipality is interested in joining the suit, Foster Swift has encouraged them to contact their office prior to Nov. 8.

MAC will continue to provide updates as they become available.

For more information on this issue, contact Madeline Fata at fata@micounties.org.

 

Podcast 83: Contest for Michigan House is tight, pundits say

With the General Election rapidly approaching, Podcast 83 invited Adrian Hemond of Grassroots Midwest and John Selleck of Harbor Strategic to provide insight into the contests. Hemond and Selleck focused on some key state House races, the open U.S. Senate seat and a few U.S. House races, delving in to what potential outcomes could mean for Michigan.

Hemond gave an overview of what he believes are the five most crucial Michigan House races in November, commenting, “From my perspective, both sides have plenty of seats that are in play this time.”

With the two-seat Democratic majority in the House, Selleck noted, “It’s an uphill battle for Democrats, and frankly the place we could end up that we have now started talking about is 55-55 (in the Michigan House).”

To view the full episode, recorded on Oct. 21, click here.

Previous episodes can be seen on MAC’s YouTube Channel.

And you always can find details about Podcast 83 on the MAC website.

 

Flooding in Midland County in 2020.

FEMA seeks proposals to reduce threats of natural hazards

The Federal Emergency Management Agency (FEMA) is seeking project proposals for eligible hazard mitigation activities. Building Resilient Infrastructure in Communities (BRIC) and Flood Mitigation Assistance (FMA) are FEMA grant programs that provide funding for projects that aim to “reduce or eliminate future property damages and loss of life from natural hazards, such as flood, tornadoes, and storms.”

Local governments must provide a Notice of Intent (NOI) to the Michigan State Police, Emergency Management and Homeland Security Division (MSP/EMHSD) before Nov.24, 2024. The MSP/EMHSD will then review the NOIs and invite potential sub-applicants to formally apply for grant funding through FEMA.

For more information on this issue, contact Madeline Fata at fata@micounties.org.

 

Treasury seeks feedback on pension grant reporting

The Michigan Department of Treasury is assisting the Municipal Stability Board (the Board) to solicit feedback on the proposed Corrective Action Plan Monitoring Form for Protecting MI Pension Grant recipients.

Per Public Act 166 of 2022, Section 979a, local governments receiving grants must be monitored by the Board for five years.

At the Sept. 18, 2024, meeting, the Board approved the draft monitoring form for public comment. This form, which outlines oversight for pension fund management, can be viewed with other Board documents at https://www.michigan.gov/MSB.

The Draft Form may be reviewed here:

Protecting MI Pension Grant Corrective Action Plan Monitoring: Application for Certification of Compliance

Any individual or organization that would like to submit comments should provide those comments in writing by Nov. 1, 2024.

Comments may be submitted by email to: LocalRetirementReporting@michigan.gov with the subject line titled, “Pension Grant Corrective Action Plan Monitoring Form Public Comment: 2024.”

 

Podcast 83: Statewide Septic Code Legislation

With legislative activity in Lansing still on a slow simmer, Health Officer with the Health Department of Northwest Michigan, Dan Thorell, talked with host Deena Bosworth and MAC’s Madeline Fata on the proposed statewide septic code legislation. In this new episode, Dan gives background on the legislation and discusses what House Bills 4479 and 4480, as well as Senate Bills 299 and 300, could mean for Michigan residents if passed during lame duck.

This legislation was introduced in the spring of 2023 and workgroups began in the fall of 2023, with many groups having concerns on the legislation. “The biggest issue we were confronting was really the evaluation component of inspecting existing systems, after they have already been installed, after they have been used for some time”, Dan said. “We’re using the number 1.4 million, and that number has been used for 15 years, but we have obviously installed more septic systems in that time.”

Dan provides some more background information on the evaluation component, as well as, some other concerns that were brought up in during workgroups and talks about the changes that have been made in the legislation to alleviate those concerns.

UM institute releases ordinance template for renewable energy siting

A template ordinance for renewable energy facilities has been released by the University of Michigan. The Graham Sustainability Institute team, led by Dr. Sarah Mills, has created a sample Compatible Renewable Energy Ordinance (CREO) as well as guidance on “Workable” Renewable Energy Ordinances.

Mills has presented information on this topic in recent months via the MAC Legislative Conference, Podcast 83 and the June edition of Michigan Counties.

As many of you know, the new law for siting large-scale wind and solar projects takes effect in November. Each local unit of government with zoning authority must choose one of three paths forward:

  1. No ordinance: Do not adopt an ordinance and allow the Michigan Public Service Commission (MPSC) to site for all large-scale renewable energy projects.
  2. CREO: Adopt an ordinance that matches the standards outlined in the law exactly.
  3. Workable ordinance: Adopt an ordinance that deviates from state standards but is reasonable enough that a developer would want to work directly with the local unit of government rather than going through the MPSC.

MAC recommends that each local unit of government consults with legal counsel before determining its path; what is right for one community may not be so for another. Thankfully, U of M has provided resources on each option.

The MPSC has yet to share its final rules on implementing the new law so these documents may evolve with time but considering the approaching effective date, reviewing these materials now can help guide the planning process moving forward.

For questions on MAC’s advocacy on this issue, contact Madeline Fata at fata@micounties.org.

Staff picks

MPSC releases final application instructions for large-scale renewable energy facilities

The Michigan Public Service Commission (MPSC) released its formal application instructions and procedures for the siting for large-scale renewable energy facilities this week. The following excerpt from the news release summarizes the final order:

“PA 233 takes effect Nov. 29, 2024. In today’s order, the Commission clarified that under the new law, the siting process must originate at the local level in most instances. The Commission can only consider applications in instances in which the relevant unit(s) of government have denied an application, failed to either approve or deny an application within 120 days or added additional provisions more restrictive than those contained in state law while an application is pending. The only exceptions to a project starting at the local level are where a local government has in place a moratorium on project development or where the local government requests that the developer use the statewide application process at the Commission instead of the local siting process. Finally, the Commission acknowledged that the local siting process remains available to project developers while noting that it was providing no guidance on siting processes that fall outside the Commission’s jurisdiction.”

The MAC team is conducting a thorough review of the “Application Filing Instructions and Procedures” document shared by the MPSC on Thursday. Stay tuned for a more detailed analysis and information regarding the implications of the final order.

For more information, contact Madeline Fata at fata@micounties.org.

Bill to bring Michigan race and ethnicity forms in line with feds raises concerns from counties

A bill to align Michigan’s gathering of race and ethnicity data with federal statute, intended to ensure federal funding is allocated equitably, poses unfunded mandates and liabilities to counties.

Senate Bill 958, sponsored by Sen. Darrin Camilleri (D-Wayne), would require all public bodies to update current forms within three years of enactment to reflect federal standards for collecting race and ethnicity data, and develop an action plan demonstrating the “process of complying with the legislation” and any potential risks associated with collecting race and ethnicity data within 18 months of enactment.

Counties can continue to use current forms for three years, then must transition to the updated forms under SB 958. Changing any and all forms that collect race or ethnicity data requires software and IT updates at the county level, and without proper funding, poses an unfunded mandate. The action plan outlined in SB 958 opens counties up to potential liabilities if the “potential risks” identified by a county are deemed inaccurate or insufficient. A county must also post their action plan onto their website within 18 months of the bill’s enactment. Ultimately, legislation geared toward the federal government is not suitable statute for local units of government.

MAC understands and supports the goal of the legislation to ensure adequate and equitable funding to communities throughout Michigan. Currently, MAC has no position on the legislation but has raised the aforementioned concerns to the legislature.

For more information on this issue, please contact Samantha Gibson at gibson@micounties.org.

Legislation seeks to increase penalties to individuals who defraud Michigan homeowners

Individuals who defraud Michigan homeowners could see increased penalties under a new proposal that advanced through a senate committee on Tuesday. House Bill 5598 and House Bill 5599, by Rep. Tullio Liberati (D-Wayne), would make it a felony to submit forged documents to registers of deeds in an effort to defraud the owner of real estate. Additionally, the bills would enable a register of deeds to submit evidence they believe to be fraudulent to the county prosecutor.

Wayne County Register of Deeds, Bernard Youngblood, testified in the Senate Committee on Local Government claiming his office has seen more than 13,000 inquiries of fraud in under 20 years. Youngblood explained that individuals will forge signatures on documents and file them with the Register of Deeds Office, effectively taking ownership of a property. The bills aim to disincentive this type of theft.

MAC is supportive of this legislation. The bills previously passed the House with overwhelming support. They were given unanimous support by members of the Senate Local Government Committee and have been referred to the Senate floor for consideration.

For more information on this issue, please contact Madeline Fata at fata@micounties.org

Registration is open for 2024 New Commissioner School sessions in November-December

The Michigan Association of Counties is again pleased to partner with Michigan State University Extension (MSUE) to present the New Commissioner School (NCS) courses in the weeks after the Nov. 5 General Election.

Registration and online course content for the school is now available! This program has been preparing new and veteran commissioners since 1968. Participants will explore governance complexities, understand their roles, learn about county finance and develop strategies for effective decision-making and collaboration.

The 2024 NCS includes self-paced online modules or live webinars in November, followed by in-person workshops in December. Participants should plan to complete either the self-paced content or the live webinars AND attend one of the in-person workshops in order to receive their certificate of completion from MSU Extension and County Commissioner Academy credits from MAC.

The December live locations are:

  • Dec. 2 – Bavarian Inn and Conference Center, One Covered Bridge Lane, Frankenmuth (to allow for onsite preparation registration closes Nov. 25)
  • Dec. 3 – BayPointe Inn, 11456 Marsh Rd., Shelbyville (to allow for onsite preparation registration closes Nov. 25)
  • Dec. 9 – Kirtland College, 4800 W. 4 Mile Rd., Grayling (to allow for onsite preparation registration closes Dec. 3)
  • Dec. 10 – Bay College Escanaba, 2001 N. Lincoln Rd., Escanaba (to allow for onsite preparation registration closes Dec. 3)

For more information or to register, visit events.anr.msu.edu/ncs/.

Please contact MSU Extension Specialist Eric Walcott at walcott3@msu.edu with any questions.

 

Bill to expand options for opioid antagonists moves to Senate floor

Legislation to expand the available options of opioid antagonists to local governments, non-profits, public safety departments and more was voted out of the Senate Committee on Health Policy this week.

Senate Bill 542 , by Sen. Kevin Hertel (D-Macomb), would allow a government entity that received an opioid antagonist from the Michigan Department of Health and Human Services (MDHHS) at no cost to choose the formulation, type of delivery service, method of administration or dosage of the opioid antagonist. The ability to decide on formulation or dosage only applies if the formulation or dosage chosen would not result in a loss of Federal funding.

An opioid antagonist includes naloxone, or any “similar and equally safe” drug approved by the United States Food and Drug Administration for the treatment of drug overdose.

Currently, counties can utilize the MDHHS naloxone (an opioid antagonist) portal to access naloxone at no cost. SB 542 expands the type of opioid antagonist available to government entities through the MDHHS portal.

MAC supports SB 542 and efforts to expand resources to counties for reduction, treatment and prevention of the opioid epidemic.

For more information on this issue, contact Samantha Gibson at gibson@micounties.org.

 

Podcast 83: Commissioners can use issue briefs to help MAC staff in run-up to ‘lame duck’

With legislative activity in Lansing still on a slow simmer, at best, MAC’s advocacy staff continue to prepare for what is expected to be an extraordinary “lame duck” session after the General Election, MAC’s Podcast 83 team explains in a new episode.

“First, there are the concerns around minimum staffing,” said Deena Bosworth. “Legislation in the House right now would make minimum staffing a mandatory subject of bargaining at the local level, particularly for Public Act 312 employees, and you combine that with the expansion of binding arbitration to corrections officers earlier this year, that’s highly concerning for us, and we will continue to oppose that going into lame duck.

“On the tax and finance side of things, we’re looking at perhaps tackling the ‘Dark Stores’ legislation,” Bosworth added. “Reps. (Julie) Brixie and (Jenn) Hill have some bills in and I know it’s a very big priority for them.

“And clearly the no. 1 issue is our Revenue Sharing Trust Fund again, which is sitting in the Senate Finance Committee; we are hoping that they move it out of there. We do know we have an overwhelming number of legislators in support of it. It’s just (a matter of) will they move it and put it on the governor’s desk for her signature?”

Bosworth also noted that MAC has released a series of one-page “Issue Briefs” for members to use in their talks with state legislators.

“We give them a little bit of background on the topic and really what we want you to talk to your legislators about,” Bosworth said. “So please, everybody … look up those issue briefs. If you are seeing your legislators back in district before the election … please bring some of these items up and help us get over the finish line on some of them.”

MAC Issue Briefs

Host and Executive Director Stephan Currie reviewed the results of MAC’s Annual Conference, held Sept. 24-26, including:

  • The installation of Wayne County’s Melissa Daub as MAC’s 116th Board president
  • The election of John Malnar of Delta County as the newest MAC Board director

View the full episode, recorded on Sept. 30, by clicking here.

Previous episodes can be seen at MAC’s YouTube Channel.

And you always can find details about Podcast 83 on the MAC website.

 

Senate committee reviews wrongful conviction legislation

Michigan’s Wrongful Imprisonment Compensation Act (WICA) offers a wrongfully incarcerated person $50,000 for each year they were in prison. Upon dismissal of charges, or a retrial finding the individual not guilty, the wrongfully incarcerated person can file a WICA claim.

Senate Bill 997, by Sen. Stephanie Chang (D-Wayne), requires a prosecutor to respond within 60 days to participate in a suit regarding a WICA claim. While MAC supports the goal of ensuring wrongfully incarcerated individuals are made whole by the government, requiring already severely understaffed prosecutor’s offices to respond to claims within 60 days exacerbates overwhelming workloads. SB 997 would also increase court costs, and as the largest funding source for trial courts, counties cannot be subject to increased costs. MAC is working to require state funding to alleviate this financial burden.

Senate Bill 1014, by Sen. Jeff Irwin (D-Washtenaw), requires the storage of DNA evidence for the duration of an individual’s sentence, so that it can be retrieved in the event of a WICA claim or overturn of conviction. While such DNA is crucial in substantiating a wrongfully incarcerated person’s innocence, requiring local courts to store and retain the DNA for decades poses increased storage and labor costs.

MAC is working with bill sponsors to alleviate the unfunded mandates posed by SBs 997 and 1014. The bills await further testimony in the Senate Committee on Civil Rights, Judiciary and Public Safety.

For more information on this issue, contact Samantha Gibson at gibson@micounties.org.

 

Webinar to review medical transport effort in Michigan

The U.S. Centers for Medicare and Medicaid Services (CMS) oversees the Ground Emergency Medical Transportation (GEMT) program. GEMT provides funding and support to eligible healthcare providers through state agencies, aiming to ensure that individuals without reliable transportation can access emergency medical care. This program improves access to emergency services for Medicaid beneficiaries, bridging the gap between patients and healthcare facilities and facilitating timely care during emergencies.

While Michigan doesn’t currently participate in the program, our state has the eighth-highest number of Medicaid enrollees in the nation. Local emergency services and ambulance providers are not fully reimbursed by Medicaid to cover the costs of medical transportation for this significant segment of our communities. The GEMT initiative in Michigan seeks to address health disparities, promote health equity, and reimburse local agencies and emergency services providers for serving vulnerable populations.

A $500,000 appropriation was secured in the FY25 state budget to assist MDHHS in starting up GEMT in Michigan. House Bill 5695, by Rep. Mike McFall (D-Oakland), requires MDHHS to participate in the federal GEMT reimbursement program and awaits movement in the House Insurance and Financial Services Committee.

The GEMT Webinar on Monday, Oct. 7 at 11 a.m. (Eastern) will review the status of HB 5695 and key next steps in moving this program forward. Topics for the one-hour session will include the anticipated schedule for legislation, provider cost reporting, committee testimony preparation and DHHS preparation committee.

Click here to register.

For more information on this issue, contact Samantha Gibson at gibson@micounties.org.

 

MAC on the Road: Tri-County Summit in Macomb County

MAC Executive Director Stephan Currie and Governmental Affairs Director Deena Bosworth joined MAC President Melissa Daub (center), First Vice President Antoinette Wallace (second from right) and Board Director Sarah Lucido (second from left) at 2024 Tri-County Summit on Friday in Macomb County.

The summit, a gathering of leaders from Macomb, Oakland and Wayne counties, continued the theme of “Moving Forward. Moving Together” and focused on environmental issues such as disaster planning and climate change, as well as sustainability and regional transportation.

 

 

 

Oct. 15 info event set for broadband funding

Local governments and Internet Service Providers (ISPs) can connect and explore partnerships at a matchmaking event on Oct. 15. The Michigan High-Speed Internet office (MIHI) will be hosting “Building Bridges for BEAD” at the Crystal Mountain Resort in Thompsonville.

This is an opportunity for locals and ISPs that are interested in applying for Broadband Equity Access and Deployment (BEAD) funding to learn more about potential collaborations. Public and private partnerships will be paramount to the successful deployment of broadband infrastructure across Michigan.

The forum will be “a fast-paced, guided activity” to initiate conversations and allow for networking. To register or learn more, click here.

 

NACo again encourages veteran recognition with Operation Green Light

America’s counties have a long and proud history of serving our nation’s veterans, a legacy that continues to this day as we work with our federal, state and local partners to ensure that the former service members have access to the resources they need to thrive.  

Once again on Veterans Day, the National Association of Counties (NACo) and the National Association of County Veterans Service Officers (NACVSO) invite the nation’s 3,069 counties, parishes, and boroughs to join Operation Green Light and show support for veterans by lighting our buildings green from Nov. 4-11, 2024. By shining a green light, county governments and our residents will let veterans know that they are seen, appreciated and supported.  

To show support, counties are encouraged to use this template to pass a resolution declaring your county’s participation in Operation Green Light. 

 

Staff picks

The Michigan Association of Counties is again pleased to partner with Michigan State University Extension (MSUE) to present the New Commissioner School (NCS) courses in the weeks after the Nov. 5 General Election.

Registration and online course content for the school is now available! This program has been preparing new and veteran commissioners since 1968. Participants will explore governance complexities, understand their roles, learn about county finance and develop strategies for effective decision-making and collaboration.

The 2024 NCS includes self-paced online modules or live webinars in November, followed by in-person workshops in December. Participants should plan to complete either the self-paced content or the live webinars AND attend one of the in-person workshops in order to receive their certificate of completion from MSU Extension and County Commissioner Academy credits from MAC.

The December live locations are:

  • Dec. 2 – Bavarian Inn and Conference Center, One Covered Bridge Lane, Frankenmuth (to allow for onsite preparation registration closes Nov. 25)
  • Dec. 3 – BayPointe Inn, 11456 Marsh Rd., Shelbyville (to allow for onsite preparation registration closes Nov. 25)
  • Dec. 9 – Kirtland College, 4800 W. 4 Mile Rd., Grayling (to allow for onsite preparation registration closes Dec. 3)
  • Dec. 10 – Bay College Escanaba, 2001 N. Lincoln Rd., Escanaba (to allow for onsite preparation registration closes Dec. 3)

For more information or to register, visit events.anr.msu.edu/ncs/.

Please contact MSU Extension Specialist Eric Walcott at walcott3@msu.edu with any questions.

 

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