Legislative Update 10-11-24

Written by Derek Melot on October 11, 2024. Posted in Blog, Events, Legislative, MAC news, MACSC, Marketing, NACo

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

Legal expert: Counties need to start review of employee policies now

All Michigan counties are now on the clock, as a recent Michigan Supreme Court ruling requires them to review and revise their sick time policies, a legal expert told Podcast 83 in a new episode.

Melissa Hagen of the law firm of Cohl, Stoker and Toskey detailed how the Michigan Supreme Court got involved with a 2018 ballot measure and what it now means for county governments as employers in a conversation with host Stephan Currie.

“All the counties are going to have to look at their sick time policies and revise those by Feb. 21, 2025, for their non-union employees,” Hagen said. “And then they’re going to have to do the same thing whenever their current collective bargaining agreements for union employees (expire).

“What this means for counties is that they should have somebody ― HR, their attorneys, whatever ― review their current policies. Because while many of them provide more sick days than the act requires, the act has some other points to it that employers may typically not include in their current policies,” Hagen continued. “One of those is that the act requires that sick time accrual (can’t be frontloaded). Many employers say on day one you’ve got, you know, five sick days. You can’t do that anymore. You have to accrue one day for every 30 hours worked.

“The other thing counties really want to look at is the expanded use of sick time, which is now mandated by the (Earned Sick Time Act). … Now I can use my sick time to go to a meeting at my child’s school, if that meeting is related to my child’s health. I can use my sick time to take my mother to her doctor’s appointment. So those are issues that the county needs to look at.”

To learn more about these new mandates, view the full episode, recorded on Oct. 3, by clicking here ― or review the text prepared by Cohl, Stoker on the MAC website.

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

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

911 Committee to host cyber threat event

Following up on material presented at the 2024 Annual Conference, the Michigan State 911 Committee is co-hosting a “Cyber Threat Assessment and Planning Workshop” for county leaders in October.

The event will be Oct. 29-30 at the Horizons Event Center, 6200 State St., Saginaw.

“This workshop assists PSAP leadership and emergency managers in learning how to develop a Cyber Incident Response Process and a Cyber Incident Response Plan. To help the participants understand the nature of these incidents, day one the instructors will provide education on cyber incidents and conduct several live demonstrations of different cyber-attacks including phishing/credential harvesting, ransomware, and business email compromise.

“The second day of the workshop begins with an overview of a typical Cyber Incident Response Plan. This is followed by a discussion regarding the connection CSIRP and Continuity of Operations Planning. The remainder of the day is used to help participants use the template to build a response plan for a ransomware attack.”

Those county officials recommended to attend include: PSAP Governing Body Representatives; PSAP Coordinators, Directors, Leaders; and PSAP IT Support. (Due to limited availability, there’s a 4-person limit per agency/county at this time.)

Click here to begin your registration and search for code 1122393.

Lodging options are available at $107 per night. For more links and details, view the event flier.

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.”