Legislative Update 9-22-23

September 22, 2023Blog, Events, Legislative, MAC news, MACSC, Marketing, NACo

Expansion of binding arbitration clears Senate committee

Legislation to extend binding arbitration to county correctional officers has advanced this week, despite opposition from MAC and others.

House Bill 4438, by Rep. Kelly Breen (D-Oakland), was approved by the Senate Labor Committee unanimously on Thursday. A substitute was adopted during the committee process to include all Michigan Commission on Law Enforcement Standards (MCOLES) certified law enforcement officers in binding arbitration, adding officers from universities and community colleges.

MAC has long opposed any expansion of binding arbitration to other bargaining units due to the cost of the process, the long-term liabilities associated with third-party decisions and the unequal treatment such a system provides to those bargaining units. The Michigan Public Employment Relations Act already provides for bargaining rights without tying the hands of the county in binding arbitration.

MAC submitted a letter to committee members expressing these concerns. However, the current Legislature has time and again demonstrated strong support for unions and collective bargaining units. HB 4438 has been referred to the Senate floor for a final vote before likely advancing to the governor’s desk for signature.

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

MAC brokers improvements on indigent defense bills

Following key revisions brokered by MAC, legislation to expand the Michigan Indigent Defense Commission’s (MIDC) work to youths has the support of counties, a MAC staffer told a special legislative hearing this week.

House Bill 4630, by Rep. Sarah Lightner (R-Jackson), and Senate Bill 424, by Sen. Sue Shink (D-Washtenaw), would have MIDC include youth indigent defense services.

In her testimony (19-minute mark of video), MAC’s Samantha Gibson detailed how MAC’s concerns about a compounding clause for the local share for MIDC services and disbursement rules were addressed. The compounding clause is gone, and the bills now would create the following disbursement model: 40 percent of the total annual grant amount upfront, and the remaining 60 percent of the grant will be disbursed in three equal increments.

MAC now supports this legislation, which is expected to be voted on in committee next week.

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

Lansing’s a legislative blur; Podcast 83 is here to bring issues into focus

Legislative work in Lansing is accelerating and MAC’s Podcast 83 team is your guide to everything going on at the State Capitol.

In their newest episode, host Stephan Currie and MAC staffers Deena Bosworth, Madeline Fata and Samantha Gibson detail the news, including:

A huge advance on revenue sharing reform, with a House committee giving unanimous and bipartisan support to MAC’s plan for a dedicated Revenue Sharing Trust Fund;
The debate over the scope of, and reimbursement for, property tax exemptions for veterans, which are now costing local governments around $100 million a year; and
MAC’s work to bring a reasonable approach to how Michigan regulates the siting of solar and wind energy projects.

View the full video of the episode, recorded on Sept. 18, 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.

Counties asked to send shutdown impact data

With a federal government shutdown looming, MAC and the National Association of Counties need your help in collecting information on the impact of a shutdown on local public service delivery.

NACo will share this information with members of Congress and their staff as negotiations continue on Capitol Hill.

Please share any data/anecdotes or individual letters that outline the impacts during previous government shutdowns with MAC by emailing them directly to despins@micounties.org.

We appreciate your assistance on this matter.

Days dwindling to register for 2023 Annual Conference

County leaders still have a few days left to complete their online registration for the 2023 Michigan Counties Annual Conference in Kalamazoo County Oct. 1-3.

Click here for Attendee Registration

In honor of MAC’s anniversary year, the annual President’s Banquet will be capped by music in the ballroom of the Radisson Hotel in downtown Kalamazoo.

Additional highlights for this year’s event are:

A two-part, two-day dive into the details of Public Act 51, the state’s road funding formula via workshops held on Sunday afternoon and Monday morning

Plenary sessions on affordable housing and bridging generational differences in the workplace,

MAC’s Annual Business Meeting, during which members will review and approve MAC’s policy platforms for the coming year

Exhibitor Bingo and special raffles that will offer cash prizes to lucky attendees

The schedule of the conference is carefully crafted to respect members’ weekly schedule, with conference registration opening around noon Sunday and events concluding prior to hotel check-out on Tuesday morning.

Commissioners who attend the conference will earn 3 credit hours for MAC’s County Commissioner Academy.

Conference Registration Prices

Member* – Full Conference Rate: $490
Member* – Single Day Rate: $325
Non-Member – Full Conference Rate: $565
Non-Member – Single Day Rate: $385
Spouse/Guest Rate: $250

*The following are eligible for the member rate: county commissioners, county administrators, countywide elected officials, county staffers and staffers of MAC affiliates.

Hotels

The Radisson Plaza Hotel at Kalamazoo Center is now SOLD OUT. For other hotel options in the area, visit the website of the Kalamazoo Convention and Visitors Bureau.

New data sources offered for opioid settlement planning

County-level data is available to assist with opioid settlement planning from new sources. These tools and existing data sources, found under “Local Level Data” in MAC’s Opioid Settlement Resource Library provide a strong basis for understanding local needs and the scope of the drug overdose crisis and associated areas.

NORC at the University of Chicago and the U.S. Department of Agriculture Rural Development have created a community assessment tool detailing county-level data highlighting socioeconomic factors in relative to the opioid crisis. The National Opioid Misuse Community Assessment Tool is interactive and provides data visualizations and tables for local use.
NORC and East Tennessee State University, funded by the HRSA Federal Office of Rural Health Policy have released the Recovy Ecosystem Index Mapping Tool. This tool looks at fourteen (14) indicators associated with a recovery ecosystem, such as the continuum of substance use disorder support and infrastructure, to assist with understanding the current landscape and needs.
Duke-Margolis Center for Health Policy and Third Horizon Strategies, funded by Elevance Health Foundation, developed another data tool to assist in planning efforts. The Opioid Abatement Needs and Investment Tool looks at five social determinants of health domains (healthcare, environment, economic, education, and social) and identifies a counties need in that area, while pointing to examples of strategies and programs to address those areas of need.

To understand more about what data local governments have access to through their local public health departments, register for our upcoming webinar, Overdose in Our Backyard: Resources and Collaboration for Opioid Settlement Spending.

For more information, contact Amy Dolinky at dolinky@micounties.org.

Operation Green Light will honor nation’s veterans

MAC Board President Stan Ponstein was among those participating in the 2022 edition of 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 this Veterans Day (Saturday, Nov. 11, 2023), 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. 6-12. 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.

For a variety of materials to publicize and support your Green Light efforts, visit NACo’s resource hub.

Staff picks

How cereal transformed American culture (Mental Floss)
Pay people to move to your state or region? Maybe it’s not such a bad idea. (Governing)
Comparison of utility-scale net electricity generation types – Michigan and U.S. (Senate Fiscal Agency)
Public buyers have several options to keep problem materials out of the waste stream (American City and County)

Legislative Update 9-15-23

September 15, 2023Marketing, Blog, Events, Legislative, MAC news, NACo

Revenue Sharing Trust Fund bills clear committee with unanimous support

By a unanimous vote this week, the House Committee on Local Government and Municipal Finance voted out legislation to create a Revenue Sharing Trust Fund, a key MAC priority in 2023.

House Bill 4274, by Rep. Amos O’Neal (D-Saginaw), and HB 4275, by Rep. Mark Tisdel (R-Oakland), would:

Create a separate “Revenue Sharing Trust Fund” to receive and hold dollars solely for the purpose of fulfilling the state’s promise to local governments on revenue sharing; and
Require that 8 percent of the revenue generated by 4 percentage points of the state’s sales tax rate be sent to that fund.

The result would be $601.1 million in statutory revenue sharing for all local governments across Michigan based on the May Consensus Revenue Estimate for sales tax.

Counties would receive 46.14 percent of this total in the first year, or $277 million, which would be an increase of nearly $31 million from the current revenue sharing amounts.

“We are thrilled by the unanimous support for the bills today,” MAC’s Deena Bosworth said in a statement to a Capitol news outlet. “The support of the bills’ sponsors and the committee shows a strong commitment by this Legislature to go back to what revenue sharing was always intended to be: the sharing of the state’s revenue with local governments. These bills, if enacted, will provide predictability and certainty for counties so they can better allocate funding to the services they provide.”

MAC has long sought to create stability and fairness in the revenue sharing system by removing the statutory portion of it from the annual appropriations process.

A vote by the full House is expected by the end of September. The bills would then move to the Senate. Similar bills were introduced in the Senate this session as well, so a favorable outcome in the Senate is anticipated.

For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

Public Safety Trust Fund bills advance to House floor

Legislation to create a Public Safety Trust Fund, setting aside dollars for cities and townships that may contract with counties for law enforcement services, gained narrow approval in a House committee this week.

House Bill 4605, by Rep. Nate Shannon (D-Macomb) and HB 4606, by Rep. Alabas Farhat (D-Wayne), would carve out 1.5 percent of the first 4 percentage points of the state sales tax and dedicate those dollars for the Public Safety and Violence Prevention Fund.

This carve-out is estimated to yield $110 million for city and township police departments that have violent crimes to contend with. The allocation to each municipality will be based on a three-year average of violent crimes and be disbursed on a proportional basis based on that municipality’s average share of reported crimes statewide.

While the bills do not directly allocate funding to a county or county sheriff, they do allow for pass-through funds if a county contracts with a municipality to provide policing services. According to preliminary survey results, many counties do not have contracts in place for these services, so MAC is seeking 5 percent of the money scheduled to be allocated to municipalities within the county to be re-allocated to the county sheriff’s office for our support and jail services.

MAC will work with the bill sponsors and advocates to address our concerns, while still supporting the overall effort of creating additional resources to address violent crime.

For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

MAC-backed PPT reimbursement plans get committee approval

A statutory mechanism to reimburse local governments for funds diverted by an expansion of the Personal Property Tax (PPT) exemption is moving to the House floor after the House Committee on Tax Policy voted out House Bills 4553-54, by Rep. John Fitzgerald (D-Kent) and Rep. Denise Mentzer (D-Macomb) respectively.

Expansion of the small business PPT exemption expansion from $80,000 in true cash value to $180,000 in true cash value is expected to cost local governments up to $75 million per year.

The legislation provides a methodology and reimbursement mechanism to reimburse locals, plus make changes to the Michigan Trust Fund Act to create the Local Government Reimbursement Fund in the state Treasury. The state treasurer would then be required to deposit money and assets received under the amendments to the Use Tax Act proposed by HB 4554 or from any other source. The investment of the fund would be directed by the state treasurer, and interest and earnings from those investments would be credited to the fund. Changes to the Use Tax Act would be made to require $75 million in use tax revenue to be deposited into the Local Government Reimbursement Fund each fiscal year, beginning with FY24.

MAC supports these bills and expects them to be enacted prior to the end of 2023.

For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

Joint committee hears testimony on Child Care Fund changes

A special joint session of House and Senate committees was held this week to take on House Bills 4624-4629, which change the Child Care Fund (CCF) reimbursement rates and outline mandated risk, mental health and detention screening tools.

MAC supports the reform legislation.

House Bill 4624, by Rep. Christine Morse (D-Kalamazoo), would codify the increase to 75 percent reimbursement for community-based services via the Child Care Fund, along with requiring the use of evidence-based practices, risk and assessment screening tools and more.

The FY24 state budget includes $31.5 million to implement a recommendation from the Task Force on Juvenile Justice Reform to statutorily increase the state CCF reimbursement rate to 75 percent from 50 percent for community-based juvenile justice services.

Currently, the reimbursement rate for residential placements and community-based services is at 50 percent. Beginning in FY24, community-based services will be reimbursed at 75 percent, while residential services will remain at a 50 percent reimbursement rate.

As one of the recommendations from the Task Force on Juvenile Justice Reform, the intent of a 75 percent reimbursement rate for community-based services is to incentivize jurisdictions to utilize community-based services in lieu of incarceration.

The requirements outlined in HB 4624 will NOT be mandated until the bill is signed by the governor — implementation is likely in FY25. The changes to the Child Care Fund requiring the use of research-based practices and risk and needs assessments can increase system consistency, improve equity, and in other states, has led to reduced use of incarceration and cost saving.

To recap: The 75 percent reimbursement rate applies ONLY to community-based services. Residential placement expenses will continue to be reimbursed at 50 percent.

Additional testimony on these bills will take place next week.

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

Detroit-backed ‘land value’ tax plan begins legislative journey

Legislation to allow local governments to create a “land value tax,” a concept backed by Detroit Mayor Mike Duggan, was filed and reviewed by a House committee this week.

House Bills 4966 and 4969–70, by Rep. Stephanie Young (D-Detroit), HB 4967, by Rep. Karen Whitsett (D-Eaton), and HB 4968, by Rep. Alabas Farhat (D-Wayne), would create the Land Tax Equity Act and make complementary changes to the General Property Tax Act, the Neighborhood Enterprise Zone Act, the Income Tax Act and the Tax Reverted Clean Title Act.

The bills were introduced the same day they were heard in the House Committee on Tax Policy.

The concept was pitched by Detroit Mayor Duggan at the Mackinac Policy Conference back in May. The bills would allow cities and local units of government to authorize a land value tax (LVT). The LVT would allow cities and local units of government to put on the ballot a measure to allow for an equivalent land tax rate to be levied on all parcels of land not specifically exempted by the bill. The intent is to reduce the property tax burden on occupied residential properties and increase the tax liability for undeveloped and blighted properties that are bringing down the area and value of the properties around them.

It is anticipated that action will be taken on the bills before the end of the year. MAC has not yet taken a position on the bills and will be working with our internal policy committee and the Legislature in coming months.

For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

MAC testifies on reimbursement for veterans exemption

In yest another attempt to secure reimbursement for counties for their losses associated with the 100 percent exemption on property taxes for disabled veterans, MAC testified this week in support of House Bill 4894, by Rep. Nate Shannon (D-Macomb), HB 4895, by Rep. John Roth (R-Grand Traverse), and HB 4896, by Rep. John Fitzgerald (D-Kent).

In short, the bills would create a refundable income tax credit for the veterans payable to the local unit of government as the mechanism for reimbursement.

A vote was not taken on the bills this week due to some language changes necessary to bring the veterans organization fully on board. MAC anticipates movement on the bills in the next several weeks.

For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

County-opposed staffing bill gets House committee hearing

A bill to require minimum staffing levels as a mandatory subject of collective bargaining between a public employer and the representative of its employees received a House haring this week.

The House Labor Committee took testimony on House Bill 4688, by Rep. Jim Haadsma (D-Calhoun), which is opposed by MAC and the Michigan County Medical Care Facilities Council, an affiliate of MAC.

The bill would amend the Public Employment Relations Act (PERA) and specifies that “other terms and conditions of employment” would include minimum staffing levels within the bargaining unit and consider minimum staffing levels a condition of employment with respect to a bargaining representative’s collective bargaining responsibilities.

Making minimum staffing levels a mandatory topic of collective bargaining could increase staffing costs to counties. In addition to the potential for increased costs, many counties are facing staffing shortages. Implementing minimum staffing requirements when local governments are struggling to maintain fully staffed facilities will add to the difficulties counties already face when recruiting and retaining employees.

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

State budget provides dollars for Michigan Appellate Assigned Counsel System fees

The FY24 state budget includes changes to the Michigan Appellate Assigned Counsel System (MAACS) attorney fee policy for indigent felony appeals, effective Oct.1, 2023. Moving forward, the MAACS attorney fee vouchers will match Michigan Indigent Defense System hourly rates of $130 to $1142, with local costs offset by a 1:1 state reimbursement. The local obligation, under this cost share, will be $64 to $71 per hour, similar to existing MAACS fees of $50 to $75 per hour in nearly all circuit courts. Any future inflationary increases would also be offset by a 1:1 state reimbursement. For cases still pending on the October 1 effective date, attorney fee vouchers will include new rates.

State funding for private appellate representation for felony and juvenile appeals will allow for quality representation without relying entirely on local budgets. The 1:1 state match will keep local costs consistent for nearly all circuit courts, however, its success depends on participation from circuit courts and their funding units.

MAACS has requested that every circuit court contact maacsvouchers@sado.org with any questions or concerns regarding the new rates or voucher process. Brad Hall, MAACS administrator, can be reached at bhall@sado.org.

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

State offers learning sessions on new Materials Management Planning

Michigan’s Department of Environment, Great Lakes, and Energy (EGLE) has several opportunities to learn more about Materials Management Planning this fall. As you know, counties have been given the opportunity to draft new plans for managing solid waste and recyclables. Please consider participating in one of the following events to ensure your county is well prepared for the upcoming changes.

Oct. 5, 11 a.m.-12 p.m.
Understanding and Preparing for Changes to Part 115: Materials Management Planning

In March 2023, amendments to Part 115 of Michigan’s Solid Waste Law went into effect. These amendments have provided a broader approach to handling end-of-life materials including a new Materials Management Plan (Plan). This webinar will describe how the Plan will consider management of solid waste, recyclables, organics, and other related activities. Learn about new requirements, timelines, resources, and technical assistance opportunities that pertain to the Part 115 updates.

Nov. 14, 11 a.m.-12 p.m.
Tools and Resources to Help Communities Navigate Materials Management

With amendments to Part 115 of Michigan’s Solid Waste Law going into effect earlier this year, now is a great time to learn what tools and resources EGLE offers to communities to assist them with their materials management programs. In this webinar, recycling specialists from EGLE will explain how they are helping Michigan communities navigate the complexities of these program changes. They will also elaborate on available technical assistance and educational services, as well as highlight grant opportunities communities can apply to for help funding successful materials management programs.

The Michigan Recycling Coalition will be hosting in-person meetings at eight different locations to connect regional stakeholders and provide up-to-date recycling program information. These events will run through September and October:

MRC Regional Meetings – Michigan Recycling Coalition (michiganrecycles.org)

Last, but certainly not least, Christina Miller, Materials Management Planning Specialist from EGLE, will be presenting at the Michigan Counties Annual Conference on Oct. 2 Her session will cover new requirements, timelines, roles, and responsibilities, walk through scenarios, tools and resources, technical assistance opportunities and offer a better understanding of planning and its importance overall.

Field set for Board elections at 2023 Annual Conference

Four seats on the MAC Board of Directors will be filled on Oct. 2 at the 2023 Annual Conference.

The commissioners who filed for seats in this cycle are:

Region I, Seat B – Joe Bonovetz, Gogebic County (seeking 3^rd term)
Region II, Seat B – Richard Schmidt, Manistee County (seeking 3^rd term)
Region III, Seat B – Jim Storey, Allegan County (seeking 3^rd term)
At-large, Seat B – Stan Ponstein, Kent County (seeking 3^rd term)

Although only one candidate filed for each of the four available seats, regional caucuses must be held, per MAC By-laws, to elect the candidate.

The 16-member Board of Directors governs MAC and sets policies for the association. Board terms are three years long and a commissioner may serve a total of three full terms (or 9 years).

Election procedures

Only commissioners who register for the Annual Conference may participate in the regional caucuses that fill these seats.
Regional Board seats are filled by elections in which each COUNTY gets ONE vote. At-large seats are filled with each attending commissioner casting one vote in each caucus; the winning at-large candidate must have majorities in at least four of the six caucuses.

(If you are not sure which Region your county is in, please consult this list.)

To see statements from the candidates, click here.

Staff picks

The link between housing affordability and transportation (Citizens Research Council)
Fiscal Brief: Comprehensive Transportation Fund and State Support for Local Public Transportation (House Fiscal Agency)
Palisades plant secures purchase agreement with Wolverine (The Herald-Palladium)
China authorities arrest 2 for smashing shortcut through Great Wall with excavator (Associated Press)

Legislative Update 9-8-23

September 8, 2023Blog, Events, Legislative, MAC news, NACo

Conference early-bird prices end at 5 p.m. today

County leaders wishing to attend the 2023 Annual Conference, Oct. 1-3 in Kalamazoo County, have until 5 p.m. today (Sept. 8) to utilize the early-bird price of $415 for members.

Starting tomorrow, a full conference registration will cost a member $490.

In other conference news, the performance team of “Yellow Brick Dueling Pianos” will be the entertainment after the annual President’s Banquet on Oct. 2. This group was chosen for its high-energy approach to audience participation.

Registration for the event, which will celebrate MAC’s 125^th Anniversary, is online only:

In honor of MAC’s anniversary year, the annual President’s Banquet will be capped by music and dancing in the ballroom of the Radisson Hotel in downtown Kalamazoo.

Additional highlights for this year’s event are:

A keynote from Jeff Butler, a workforce strategist specializing in bridging generational issues in the workplace
A two-part, two-day dive into the details of Public Act 51, the state’s road funding formula via workshops held on Sunday afternoon and Monday morning
A plenary session on Michigan’s affordable housing crisis
MAC’s Annual Business Meeting, during which members will review and approve MAC’s policy platforms for the coming year

Commissioners who attend the conference will earn 3 credit hours for MAC’s County Commissioner Academy.

Click here for a full Agenda

House committee considers bills to add judges in Kent and Macomb counties

Macomb County would get a new probate judge and Kent County a new district judge under legislation reviewed this week by the House Judiciary Committee.

The committee heard testimony on House Bills 4823 and 4920, by Rep. Doug Wozniak (R-Macomb) and Rep. John Fitzgerald (D-Kent) respectively.

HB 4823 would add a third judge to the Macomb Probate Court, while HB 4920 would add a judge to the 63^rd District Court in Kent County. However, the Kent addition would still need approval from the Kent County Board of Commissioners if the bill becomes law. After approval from the Kent Board, an election would have to be held in 2024 to fill the new slot.

Committee Chair Kelly Breen (D-Oakland) said the committee will likely vote on the bills at its next session.

MAC supports these bills, as does the State Court Administrator’s Office.

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

Frequently asked questions on opioid settlements documents released

Two new documents have been released to assist counties around the opioid settlements. MAC helped create the documents in collaboration with the Opioid Advisory Commission; the Michigan Departments of Attorney General, Civil Rights, Corrections and Treasury; and the Michigan Municipal League and Michigan Townships Association.

The Michigan Opioid Settlement Funds Part I: Key Agencies and Settlements document outlines which agencies are involved in the settlement work and provides and overview of all national settlements coming to Michigan.

The Michigan Opioid Settlement Funds Part II: Frequently Asked Questions document answers questions commonly asked by local governments, providers and the general public.

For more information on this issue, contact Amy Dolinky at dolinky@micounties.org.

Staff picks

Bridging the child-care funding cliff (Governing)
Other states are raking in hundreds of millions of dollars for rural energy projects. Michigan is not. (Michigan Radio)
Michigan has the Midwest’s most power outages (Axios Detroit)
Michigan denies almost all pothole repair claims, despite billions in damages (Bridge Michigan)

Legislative Update 9-1-23

September 1, 2023Blog, Events, Legislative, MAC news, MACSC, Marketing, NACo

Governor’s speech carries concerns for county governments

Gov. Gretchen Whitmer spoke in Lansing on Aug. 30, 2023, about her legislative priorities for the fall. (Photo: Bridge Magazine)

Gov. Gretchen Whitmer announced her fall legislative priorities that included a push for clean energy, streamlined permitting and increased election security in a speech on Wednesday. While the governor traditionally delivers a State of the State Address annually in January, her presentation this week felt very much like a second act to her 2023 address.

As MAC reported last week, in a bid to enact a 100 percent clean energy standard, the governor plans to empower the Michigan Public Service Commission (MPSC) to regulate solar and wind projects and pre-empt local control. As the industry begins to transition away from traditional carbon energy and toward renewable energy, it is vital that local governments play a central role in the planning process and buildout of infrastructure. MAC is opposed to statewide siting of wind and solar projects and will work with the legislature to ensure local voices are not lost in this process. (See the item below on how you can speak out against the governor’s plans against local control.)

While discussing election security, the governor advocated for improved safety measures for voters and poll workers. Without identifying specific legislation or next steps, she highlighted the expansion of voting rights as a top priority.

MAC is seeking clarity from the governor’s team on other items that could potentially impact counties:

She addressed paid family leave as something she hopes to expand for small businesses, and it remains unclear whether local units of government will be included in this proposal.

Additionally, she acknowledged weaknesses in our permitting processes and advocated for a more streamlined approach. MAC understands this to mean permitting at the state level, which would have little to no impact on locals.

MAC will watch these proposals closely to ensure counties are not impeded in anyway.

For more information on MAC’s advocacy work, contact Deena Bosworth at bosworth@micounties.org.

Learn all you ever wanted to know about road funding at conference

As the summer driving season winds down, no Michigan resident, or public leader, needs to be reminded of the state’s ongoing infrastructure challenges.

The 2023 Annual Conference will feature a special two-part, two-day workshop focused on the central state law governing Michigan roads: Public Act 51.

On Oct. 1, Ed Noyola of the County Road Association of Michigan, a MAC affiliate, will review how the Michigan Transportation Fund (MTF) serves as the distribution model for road funding in Michigan. Through an intricate formula crafted over many years, the MTF allocates funds to state, county, and municipal road agencies to maintain, repair and improve our roadways.

On Oct. 2, Noyola will continue his review by taking a closer look at the county’s expenditures of the Michigan Transportation Fund, touching on such topics as operations, contracting and adhering to federal and state standards. The Monday session will provide a more technical, hands-on perspective for managers and county commissioners to understand their role in Michigan’s local transportation network.

This is a “must” session for any county leader who wants to understand how Michigan funds and fixes its road network.

For times of these sessions, and more details, check out the conference agenda.

Registration continues for the 2023 Michigan Counties Annual Conference to celebrate MAC’s 125th Anniversary.

Remember, special early-bird pricing for this event expires on Sept. 8, so register now!

For questions about MAC events, contact Tammi Connell at connell@micounties.org.

County leaders urged to speak against attack on local control

A clean energy plan being promoted by Gov. Gretchen Whitmer could take local control over renewable energy buildout out of the hands of local governments. As part of her top legislative priorities for the fall, Whitmer plans to grant all siting authority for solar and wind developments to the state, stripping local control over such projects.

The plan would allow the Michigan Public Service Commission to work directly with electric utilities and independent developers to determine the location and size of solar and wind farms. It mirrors previous attempts by the Legislature to preempt local control over aggregate mining operations.

MAC opposes any plan that preempts local governments from having a say in local development projects. As industry leaders, federal entities, and state officials have vowed to transition away from traditional carbon energy and toward renewable energy, it is vital that local governments play a central role in the planning process and buildout of infrastructure.

Elected county leaders are urged to use the link below to send your own email of opposition to your legislators today!

Click here to send your email statement in support of local control.

ICYMI: Check out all of Podcast 83’s special summer episodes on key issues

With the Legislature generally out of Lansing since May, MAC’s Podcast 83 team used the summer to present a variety of special episodes on key topics before county government.

If you missed them when first released, fear not, you can view them 24/7 at MAC’s YouTube channel:

Septic Code legislation with guest Rep. Phil Skaggs (D-Kent County)
Materials management changes
Revenue Sharing Trust Fund efforts
Needed changes in Chapter 22 of the state’s Drain Code
Juvenile justice reform work

Expect to see regular Podcast 83 episodes resume in mid-September as the Legislature returns to Lansing for its fall meeting days.

And if you have a suggestion for a future episode topic or guest, let us know via email to melot@micounties.org.

Transportation asset conference set for Sept. 26

Registration is now open for the 2023 TAMC Asset Management Conference, to be held Sept. 26, 2023, in Grand Rapids.

The conference is sponsored by the state’s Transportation Asset Management Council. Kelly Jones of Ingham County is the MAC representative on that panel, which reports to the Michigan Infrastructure Council and the State Transportation Commission.

Among topics to be discussed at the conference are:

Tips & Recommendations on How to Build a Quality Chip Seal
Michigan Infrastructure Council Update
National State of Practice on Local Asset Management
2022 PASER Data Analysis and Update

Check out the full agenda. Note: The room block of $85 per night at the DoubleTree hotel expires on Sept. 5. You can book your room(s) online or by calling 616-957-0100; mention that you are booking your room as part of the Asset Management Conference (group code: XMG).

Registration fee is $65 per person and all sessions are in-person only. Deadline to register is Sept. 17.

MAC offices closed for Labor Day

Murray Local No. 2 float in Labor Day parade in Detroit in 1942. (Photo: Library of Congress)

MAC’s Lansing offices will be closed on Monday, Sept. 4 to observe the federal holiday on Labor Day.

Normal office hours will resume on Tuesday, Sept. 5 at 8 a.m.

“In 1894 President Grover Cleveland created Labor Day by signing federal legislation declaring the first Monday in September a national holiday,” notes the Walther Reuther Library in Detroit. “Yet the origins of Labor Day predate his action by many years. As the number of trade unions grew in America during the mid- to late-19th century, their members began to hold periodic parades, rallies, picnics and other events to demonstrate the talents and accomplishments of American workers.

“For more than 100 years, Michiganians have participated in Labor Day parades and other celebrations. One of the first Michigan labor parades took place on July 4, 1865, when more than 4,000 union members — on their way to a picnic —marched down Detroit’s Woodward Avenue, carrying banners, tools and other symbols of their trades. By the turn of the 20th century, similar demonstrations were held in urban centers across the state.”

Staff picks

Are claims that social media polarize us overblown? (Niskanen Center)
Areas represented by Democrats received 90% of pork projects in Michigan’s budget (MLive)
‘Juvenile Expungements’ focus of SADO webinar Sept. 21 (Detroit Legal News)
States at the forefront of fights over wetlands protections after justices slash federal rules (Associated Press)

Legislative Update 8-25-23

August 25, 2023Blog, Events, Legislative, MAC news, Marketing, NACo

Annual Conference: Platforms now on website for member review

MAC members review and vote on policy platforms at the 2019 Annual Conference.

On Oct. 3 at the 2023 Annual Conference, commissioners in attendance will assemble for the Annual Business Meeting to review and approve policy platforms that govern MAC’s advocacy work in Lansing and Washington, D.C.

Draft versions of those platforms, approved by the MAC Board of Directors earlier in August, are now available on the MAC website. Access to this part of the website is password-protected, but all county board offices have access credentials. Check with them for your county’s credentials if you do not already have them.

According to the by-laws, MAC members may offer amendments in two ways:

Submit an amendment to the MAC offices at least five (5) days prior to the opening day of the MAC Annual Conference (or Sept. 26 this year); or
Submit an amendment from the floor during the Annual Business Meeting on Oct. 3.

Please note that amendments submitted in advance require a majority vote on the floor for approval, while amendments submitted on the floor during the session require a 2/3 vote of members attending.

For any questions on the platforms, contact Deena Bosworth at bosworth@micounties.org.

To submit an amendment, email the finished text to despins@micounties.org.

Registration continues for the 2023 Michigan Counties Annual Conference to celebrate MAC’s 125th Anniversary.

For details on pricing, hotel and more sessions, please click here.

For questions about MAC events, contact Tammi Connell at connell@micounties.org.

Whitmer energy plan will reduce local control, MAC has learned

A renewable energy plan to be announced by Gov. Gretchen Whitmer next week could prove detrimental to local governments, MAC has learned.

Whitmer will be making an announcement on energy as part of an Aug. 30 event to share her top legislative priorities for the fall. MAC anticipates legislation will be introduced shortly after her address granting all authority for solar and wind development siting to the state, stripping local control over such questions.

The plan, MAC has learned, would let the Michigan Public Service Commission work directly with electric utilities and independent developers to determine the location and size of solar and wind farms. It will likely mirror previous attempts by the Legislature to preempt local control over aggregate mining operations.

MAC opposes any plan that eliminates local control and places the regulating authority in the hands of the state. A more detailed analysis of Whitmer’s proposal, plus a digital advocacy campaign, will be developed once the legislation is introduced.

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

Clarifying the upcoming changes in Child Care Fund reimbursement rates

The FY24 state budget includes $31.5 million to implement a recommendation from the Task Force on Juvenile Justice Reform to statutorily increase the state Child Care Fund reimbursement rate from 50 percent to 75 percent for community-based juvenile justice services. This budget takes effect on Oct. 1, 2023.

Currently, the reimbursement rate for residential placements and community-based services is at 50 percent. Beginning in FY24, community-based services will be reimbursed at 75 percent. However, residential services will remain at the 50 percent reimbursement rate.

In addition to the changes to the Child Care Fund in the FY24 budget, legislation has been introduced to implement the recommendations from the Task Force on Juvenile Justice Reform. House Bill 4624, by Rep. Christine Morse (D-Kalamazoo), would codify the increase to 75 percent reimbursement for community-based services, along with requiring the use of evidence-based practices, risk and assessment screening tools and more.

The requirements outlined in HB 4624, however, will NOT be mandated until the bill is signed by the governor – implementation is likely in FY25. This package is currently awaiting additional testimony in the House Criminal Justice Committee, and MAC anticipates action on these bills this fall. The changes to the Child Care Fund requiring the use of research-based practices and risk and needs assessments can increase system consistency, improve equity and in other states have led to reduced use of incarceration and cost savings.

But again, as of Oct. 1, 2023, the 75 percent reimbursement rate will apply only to community-based services. Residential placement expenses will continue to be reimbursed at 50 percent.

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

Podcast 83 talks with backer of septic code legislation

Rep. Phil Skaggs, D-Kent and a former Kent County commissioner, is the guest in a special episode of Podcast 83 focused on regulation of septic systems.

Skaggs is the lead sponsor of House Bill 4479, which is part of a legislative package to institute a statewide septic code, a topic of great controversy in many counties.

Among points made by Skaggs during the discussion:

Septic issue has been “discussed in Lansing for decades”
Septic pollution is “serious problem” in many communities, with “15 percent to 25 percent” of septic systems are failing
Introduced bill to “help start a discussion”
Need regular inspections because so-called “point of sale” inspections “don’t work”

HBs 4479–80, by Skaggs (D-Kent) and Rep. Carrie Rheingans (D-Washtenaw) respectively, and Senate Bills 299–300, by Sen. Sam Singh (D-Ingham), would require homeowners with onsite wastewater treatment systems to have them inspected every five years.

As of 2020, about 30 percent of state households relied on septic systems, but many are aging and facing failure. The intent of the legislation is to protect waterways from contamination and combat illness caused by increased levels of E. coli and algae blooms. While Michigan remains the only state in the nation without a statewide septic code, the proposed policy changes may be overly burdensome.

A few county boards already have adopted resolutions in opposition to such legislation. MAC has not yet taken a position on the package, but it is participating in a workgroup analyzing the issue.

View the full video of the episode, recorded on July 25, 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.

Federal legislation shared on PFAS regulation; court knocks down state controls

Federal legislation to codify regulation of PFAS was shared recently with stakeholders, including the National Association of Counties (NACo).

PFAS, a toxic “forever” chemical linked to a variety of human ailments and used in fire suppression foam, among other substances, is the target of a bipartisan proposal by U.S. Sens. Tom Carper (D-Delaware) and Shelley Moore Capito (R-West Virginia). The intent is to codify the Environmental Protection Agency’s (EPA) rules for safe drinking water standards, incentivize industry leaders to develop innovative technologies to identify PFAS and destroy it and outline best practices for these chemicals. It also would amend the Safe Drinking Water Act State Response to Contaminants program to allow states to assist well owners and authorize a new emergency response program for vulnerable communities.

As owners, users and regulators of water resources, counties are directly impacted by federal regulation regarding PFAS. NACo is seeking inclusion of language to provide local governments with liability protection under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), otherwise known as Superfund. This protection would eliminate the financial burden counties would face when tasked with cleaning up PFAS. NACo supports a polluter pay model to deal with PFAS cleanup.

The need for legislation was reinforced this week in Michigan when the state Court of Appeals invalidated a Department of Environment, Great Lakes and Energy (EGLE) bid to set limits on PFAS levels in drinking water via administrative rules. In knocking down the effort, the stated EGLE did not consider the cost for the industry to comply with the new standards.

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