Legislative Conference begins 3-day run on Monday

Nearly 300 county leaders, policy experts and others will converge on Lansing on Monday for the start of the 2023 Michigan Counties Legislative Conference, the first major conference of MAC’s 125th Anniversary year.

Attendees may check in for the conference starting at noon at the Radisson Hotel in downtown Lansing. Light snacks will be available in the registration area.

Policy breakouts get under way for MAC members at 2 p.m., with sessions on Michigan’s trails system, the trial court funding crisis and the impact of electric vehicles on road funding in our state.

Plenary sessions on Tuesday and Wednesday will feature:

  • Matthew Chase, CEO of the National Association of Counties
  • Chris Harkins, Michigan’s state budget director
  • A legislative leadership panel

Commissioners attending the conference also will participate in MAC caucus elections on Tuesday to fill five seats on the MAC Board of Directors.

A Legislative Reception on Tuesday evening will feature the presentation of MAC’s County Advocate Awards to Rep. Julie Rogers (D-Kalamazoo) and Sen. Jon Bumstead (R-Muskegon).

See conference agenda.
See full conference program.

For more information on the conference, visit MAC’s website.

 

MAC-backed public notices bill filed in House

Legislation creating the framework to allow public bodies to post their notices digitally to save time and money is back before the Legislature.

Under House Bill 4428, by Rep. Kevin Coleman (D-Wayne), local units would no longer be required to post their notices in a newspaper but only share them online. This would modernize public notices law, save counties time and money and create more avenues for our citizens to receive public notices.

HB 4428 is identical to a bill he sponsored last term that was not enacted. MAC supported this legislation the last time around, with MAC’s Deena Bosworth testifying before the House Oversight Committee on its behalf.

The Michigan Press Association has long opposed this concept because its members rely on the fees they charge locals for publishing such notices.

This bill is just the first of more than 100 bills that will be necessary to implement the change. HB 4428 will serve as the framework, while the trailer bills will amend each statute requiring the notice to be published in a newspaper.

HB 4428 has been referred to the House Committee on Local Government and Municipal Finance. MAC plans to support the bill.

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

 

Legislative panels cut governor’s request on indigent defense

There would be fewer dollars for the Michigan Indigent Defense Commission (MIDC) in fiscal 2024 than the governor has requested under spending plans approved by House and Senate subcommittees this week.

Gov. Gretchen Whitmer’s Executive Budget included a $72 million increase to MIDC grant funding as a response to the state’s approval of Standard 8, the Attorney Compensation Standard. However, the subcommittees rejected this approach.

House Bill 4280 includes a $57.2 million increase, totaling their MIDC budget to $206 million. Senate Bill 195 includes a $59 million increase, totaling the Senate version of the MIDC budget to $208.7 million. The governor’s recommended full funding for MIDC is $220 million.

The MIDC grant funding that is allocated to counties, so long as they comply with the state-approved Standards 1-8.

MAC is continuously working to ensure the state provides full funding to counties via MIDC grant dollars, as they are mandated to do. While it is still early in the budget process, and there is potential for the MIDC appropriation to increase, it is important to note that without full funding provided by the state, counties are not mandated to comply with Standard 8.

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

 

Financial strains on legal staffing are subject of special podcast episode

In a special episode, Podcast 83 delves into the growing financial strain on counties imposed by directives of the Michigan Indigent Defense Commission.

Host Stephan Currie and MAC staffers Deena Bosworth and Samantha Gibson discussed the state panel’s work and its impacts with two of its members:

  • Margaret McAvoy, former Isabella County administrator
  • Andrew DeLeeuw, interim deputy county administrator for Washtenaw County

The pair talked about their experience on the commission, which “was created by legislation in 2013 after an advisory commission recommended improvements to the state’s legal system. The MIDC works to ensure the state’s public defense system is fair, cost-effective and constitutional while simultaneously protecting public safety and accountability,” and the importance of its work.

Gibson reviewed the of MIDC’s new standard 8 on prosecuting attorney offices and staffing.

See the full video of the session, taped on April 12, 2023.

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

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

 

Additional templates posted to assist with opioid settlement planning

MAC has released additional supplemental documents to the Michigan Opioid Settlements Funds Toolkit: A Guide for Local Spending. The new templates include:

  • Request for Proposals and Associated Budget Template (PDF)(Word) (Excel)
    • Files created to assist counties with looking to solicit proposals for funding from community-based organizations, entities and groups.
  • Vendor/Contractor Agreement (PDF)(Word)
    • Modeled after Monroe County contract; created to accompany the funds that would be allocated to entities outside the County and govern the terms and conditions and requirements. This serves as financial management practice to ensure funds disbursed are utilized in alignment with the settlements and county constraints.
  • Pass Through Entity Agreement (PDF)(Word)
    • File created to aid with contracting with pass-through entities, whether utilizing the external organization to subcontract all or a percentage of the settlement funds.
  • Public-facing Planning Process Document (PDF)(Word)
    • Document created to share publicly for counties looking to inform community members of the planning process undertaken by the county. This document is also intended to inform the community of anticipated stakeholder engagement and request for proposals processes.

If you have specific templates that you would like created, or questions, contact Amy Dolinky at dolinky@micounties.org.

 

Environmental spending plans head in different directions

Subcommittees in the Michigan House and Senate this week took notably different avenues on plans for water infrastructure and other items advanced by Gov. Gretchen Whitmer in her fiscal 2024 budget.

The House Appropriations Environment, Great Lakes and Energy Subcommittee got creative, recommending $100 million more than the governor did by replacing hundreds of millions in state General Fund dollars with federal funding.

Most notably, the governor proposed $225.8 million in General Fund for replacing lead service lines and providing technical assistance to communities, but the House reduced that amount to $110 million, supplemented by $100 million in federal Coronavirus State Fiscal Recovery Fund dollars.

Also from the Coronavirus State Fiscal Recovery Fund, the House EGLE subcommittee recommended new line items for drinking water asset management, drinking water filtration devices in schools and child-care centers and infrastructure improvement projects for drinking water, storm water and wastewater.

By contrast, the Senate Appropriations Environment, Great Lakes and Energy Subcommittee reduced the governor’s original proposal from $1.3 billion to $1.08 billion. The main reductions came from her recommendations for regional renewable energy facilities, groundwater data collection and contaminated site clean-up.

The subcommittee chairs will meet shortly to concur on one version. The budget must be finalized before the end of June, though legislators can finish earlier.

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

 

Senate Democrats introduce renewable power bills

Michigan utilities would have to produce 100 percent of their electricity from renewable sources under legislation introduced in Lansing this week.

To achieve this, the seven-bill package, Senate Bills 271-277, would also eliminate coal-fired electricity-generating plants by 2030. Sens. Sam Singh (D-Ingham) and Sue Shink (D-Washtenaw) are leading the efforts to eradicate all greenhouse gas emissions from power generation as part of the Clean Energy Future Plan.

The bills also make the Michigan Public Service Commission will be responsible for evaluating the utility’s integrated resources plan. Their plans must demonstrate progress toward phasing out greenhouse gases, eliminating adverse effects on human health and reducing harm to the health, safety, and welfare of communities subject to environmental injustice.

Other provisions in the package include:

  • reducing carbon intensity of transportation fuels by 25 percent by 2035;
  • creating a Michigan Construction Decarbonization Strategic Plan to reduce emissions from heating homes and businesses by 17 percent by 2030; and
  • allowing farmers in the state’s PA 116 program to preserve farmland to rent their properties for solar operations and stay in the preservation program.

While this may appear a massive undertaking, Consumers Energy already has announced a plan to eliminate coal in its operations by 2025.

The bills have been referred to the Senate Committee on Energy and Environment. MAC has not taken a position on the legislation.

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

 

Bill would restore local control over plastic bag regulations

Local control over the retail use of plastic bags would be restored under a bill introduced in March.

Senate Bill 228, by Sen. Sue Shink (D-Washtenaw), would allow local governments to determine whether to allow plastic bags in their communities. The legislation stems from concerns over the impact plastic bags can have on our environment, as they tend to end up as litter or non-recycled waste. SB 228 will grant locals the authority to weigh the environmental impacts and regulate their use as they see fit.

Banning plastic bags outright is not the only option permitted in this bill; locals could impose a fee or tax for using them.

SB 228 would reverse the state restrictions on local action adopted in Public Act PA 389 of 2016 signed by Gov. Rick Snyder.

Several states currently allow municipalities to regulate bag use, and major cities such as Chicago, Boston and Los Angeles have plastic bag bans on the books. Eight states have statewide bans: California, Connecticut, Delaware, Hawaii, Maine, New York, Oregon and Vermont.

The bill was sent to the Senate Committee on Energy and Environment. MAC has not yet taken a position on this legislation.

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

 

State offers grants for town halls on mental health, substance use issues

Throughout the COVID-19 pandemic, concerns about substance use and mental health conditions have grown.

The Michigan Department of Health and Human Services’ (MDHHS) Substance Use, Gambling and Epidemiology Section (SUGE) is seeking applications from organizations to conduct Community Town Hall meetings that:

  • Address the impact of this public health crisis on populations, especially disparate or underserved populations.
  • Help raise awareness about coping with COVID-19 by sharing informational materials based on the latest research.
  • Determine community concerns and disseminate relevant resources to address priority areas: underage drinking, marijuana, prescription drugs/opioids, tobacco and mental health.

Apply now to conduct a Community Town Hall Event!                                                        

The Community Town Hall must occur on or before Aug. 31, 2023.

  • Applications will be accepted through May 31, 2023, on a first-come, first-served basis.
  • Limited to 75 organizations.
  • $1,500 per Community Town Hall. You will be reimbursed for actual costs up to $1,500 through a contract with our training logistics contractor: Community Mental Health Association of Michigan (CMHAM).
  • MDHHS has the ability to deny an organization’s application.

Funding can be used for expenses such as:

  • Speakers
  • Panel discussions
  • Venues
  • Evaluation efforts
  • Technology (if applicable)

Funding cannot be used for:

  • Promotional items, including but not limited to clothing, commemorative items such as pens, mugs/cups, folders/folios, lanyards, and conference bags.
  • Direct payments to individuals to participate in prevention services. Note: Prevention provider may provide up to $30 non-cash incentive to participate in data collection follow-up.
  • Meals are generally unallowable.

Community Needs Assessment resources for your reference:

If there are any questions or if you are experiencing technical issues with the application, please contact Lisa Coleman at ColemanL7@michigan.gov and Jamie Meister at MeisterJ1@michigan.gov.

 

Capital assets are focus of April 24 Treasury webinar

The Michigan Department of Treasury and Michigan State University Extension (MSU Extension) are hosting the next Fiscally Ready Communities training opportunity on April 24. This FREE training is a 90-minute webinar that’s designed to assist appointed and elected officials.

Capital Asset Management and Planning

Recurring annual expenses are simple to budget, but repair and replacement of big-ticket items can be much more difficult. A Capital Improvement Program (CIP) will help your local government organize those major projects and forecast the expenses to make long-term planning simpler. This session will cover the basics of a CIP, best practices, and give participants a chance to share techniques that have worked for their community, as well as policies, procedures, and accounting for capital asset management and plan.

The webinar runs on Monday, April 24 from 10 a.m. to 11:30 a.m. (EST).

Register now.

For more information about Fiscally Ready Communities, please check out the Treasury Fiscally Ready Communities webpage. This webpage includes Treasury’s 32-page Fiscally Ready Communities Best Practices document, which we encourage all local officials to review.

If you have any questions, email TreasLocalGov@michigan.gov with the subject line “Fiscally Ready.”

 

State budget director added as conference keynoter

Harkins

Chris Harkins, director of the Michigan State Budget Office, will deliver a keynote address on Tuesday, April 25 at the 2023 Michigan Counties Legislative Conference.

Harkins is expected to give an overview of the Michigan budget situation for fiscal year 2024, respond to a variety of topics posed by MAC staff and take questions from the conference audience.

To learn more about Harkins and all of the conference speakers, click here.

Registration continues for the three-day conference, but members are urged to act quickly, as online registration winds down on April 19. (On-site registration from April 24-26 will be available.)

Other sessions and events not to miss at this year’s conference include:

  • A discussion with the Legislative Leadership led by MAC’s director of governmental affairs, Deena Bosworth
  • “A National Perspective on the County Landscape and Priorities” by Matt Chase, executive director of the National Association of Counties
  • A MAC Legislative Update from MAC’s Governmental Affairs staff
  • A State of MAC report from MAC Executive Director Stephan Currie
  • Remarks from MAC President Stan Ponstein of Kent County
  • A Legislative Reception on the evening of Tuesday, April 25, during which MAC will present its County Advocate Awards for legislative service in 2022.

HOTEL UPDATE: The main conference hotel is now SOLD OUT. If you still need a room, we recommend contacting the Marriott Courtyard in downtown Lansing (approximately 2 blocks from the Lansing Center) at 517-367-6677.

Click here to register.
See conference agenda.

For additional details on hotel rooms, registration pricing, parking and more, visit the conference page on MAC’s website.

 

MAC-led coalition helps delay changes on mineral brine rules

New, stricter rules on acquiring and using mineral brine on roadways were delayed by the state after a group of legislators and stakeholders, including MAC, convinced the Department of Environment, Great Lakes and Energy (EGLE) to further study the matter.

In February, EGLE announced it would enforce new rules on brine on April 1. Mineral brine is a product used by road agencies to suppress dust on dirt roads and control ice. However, EGLE did not consult industry experts or provide evidence to support these added restrictions.

The County Road Association (CRA) held an emergency meeting in March with their members, MAC and the Michigan Township Association (MTA) to discuss the impact of these changes and the lack of transparency by EGLE. Dozens of county road commissioners expressed how vital mineral brine is for dust control, and how limiting its use could have devastating effects on rural communities and the health of residents in those areas.

The group also discussed mineral brine’s ability to mitigate ice during winter months. As many of you know, the freeze/thaw cycle leads to cracks in our roads. Limiting the use of mineral brine for ice control would cause our roads to deteriorate even further.

With this input, CRA, MTA and MAC urged EGLE to hold off. Additionally, last week, a group of 29 state representatives published a letter urging EGLE to work with industry experts before making any changes to brine rules. While EGLE has expressed a willingness to meet with the stakeholder group in the coming weeks, it still intends to make changes of some kind to the rules. MAC will continue to engage on this issue and will inform you of any updates down the road (pun intended).

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

 

NACo issues update about ARPA rules and reporting

“Earlier this week, Treasury released updated FAQs that outline how the termination of the COVID-19 National Emergency affects the ARPA State and Local Fiscal Recovery Funds eligible uses,” the National Association of Counties (NACo) advised MAC and other county associations.

“Generally, counties will be able to continue investing ARPA funds as they currently are, there is one key difference as it relates to premium pay for essential workers. Key highlights of the FAQ include:

  • Premium pay for essential workers: Treasury’s Final Rule states that counties can use ARPA dollars to provide premium pay to eligible workers performing essential worker during the COVID-19 public health emergency, which is only eligible when there is an active Public Health Emergency (PHE). Therefore, counties MAY NOT USE ARPA funds to provide premium pay to essential workers for work conducted AFTER the end of the National Emergency (ended on April 10, 2023). Counties may continue to use ARPA funds to provide premium pay to essential workers for work conducted BEFORE the termination of the National Emergency.
    • Outside of premium pay, counties can continue to use ARPA funds to support workers through the public health and negative economic impacts eligible use category.

“The other eligible use categories are not affected by the termination of the National Emergency. Key highlights of the FAQ for the other categories include:

  • Public health and negative economic impacts: Counties may continue to use funds to respond to public health and negative economic impacts from the COVID-19 pandemic. This is not affected by the termination of the National Emergency. Counties may continue to invest funds as they have been since they certified.
  • Revenue loss: The end of the National Emergency does not impact how counties calculate revenue loss according to the formula articulated in the final rule.  The end of the National Emergency also does not have an impact on how recipients claim up to $10 million in revenue loss under the standard allowance.
  • Water, sewer and broadband infrastructure: The end of the National Emergency does not have an impact on how counties may use ARPA funds under the water, sewer, and broadband infrastructure eligible use category.

“On a related note, please make sure your members are aware of the upcoming Project and Expenditure (P&E) Report April 30, 2023 deadlineall counties are required to submit a report. NACo is hosting a webinar on Wednesday, April 19 at 4 p.m. ET to review steps for how to submit a P&E Report and highlight new reporting requirements. To register for the webinar, click here.”

 

Litigation, legislative inaction put trial court funding in jeopardy

In a special episode of Podcast 83 released this week, MAC details the long-simmering crisis in trial court funding that soon may come to a boil in Lansing.

Samantha Gibson, MAC’s legislative point person on court issues, reviews the crisis with Podcast 83 host Stephan Currie and Deena Bosworth, MAC’s director of governmental affairs.

In this episode:

  • Gibson provides an overview on the court funding dilemma: how we got here, next steps and current litigation
  • Plans are detailed for implementing the 2019 Trial Court Funding Commission’s recommendations via legislative action in Lansing
  • Learn more about Plan B: Emergency funding of $46 million to keep courts operating if the Michigan Supreme Court rules in People v. Johnson before the Legislature acts on funding recommendations

See the full video session, originally recorded on April 10, 2023.

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

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

 

State wants public input on infrastructure goals

Got an opinion on Michigan’s roads? The Michigan Infrastructure Council (MIC) is seeking input from Michigan residents on the status of our state’s infrastructure.

MIC is currently developing a 30-year Integrated Infrastructure Strategy to “build a comprehensive, integrated asset management approach to help the state, regions, local governments, and asset owners make informed strategic decisions and wise investments in infrastructure which will serve as a foundation for the future.”

In order to do so, MIC is conducting a survey about Michigan’s roads, broadband infrastructure, stormwater systems, utilities, etc. They are asking the public to weigh in so they can develop their priorities moving forward.

Please consider taking the survey and sharing it with members of your community.

For more information on MAC’s infrastructure policies, contact Madeline Fata at fata@micounties.org.

 

 

 

 
 
 
 
 
MAC discusses legislative strategy with other county groups

MAC President Stan Ponstein, Executive Director Stephan Currie and the association’s advocacy team met with representatives of countywide elected officials on April 10 to discuss looming issues and legislative strategies for 2023. These “County Summits” are a regular part of MAC’s schedule to coordinate legislative information and strategy.

 

House committee holds hearing on criminal justice reform bill

Legislation backed by MAC to advance reforms to criminal justice law received a hearing this week before the House Criminal Justice Committee.

House Bill 4173, by Rep. Abraham Aiyash (D-Wayne), would create the Criminal Justice Policy Commission in the Legislative Council. The commission would be tasked with analyzing corrections-related data and developing modifications to sentencing guidelines.

The commission would have 16 members, one of whom would be appointed by MAC to represent counties. The governor would appoint the following members before June 1, 2023: one circuit court judge, one district court judge, one individual representing prosecuting attorneys, one individual representing criminal defense attorneys, one individual representing the Michigan Sheriffs’ Association; one individual representing the Michigan Department of Corrections; one previously incarcerated individual; two criminologists; one individual representing community corrections agencies; and the MAC nominee. All members appointed by the governor will be provided via recommendation from their respective associations.

Commission members would serve for four years, aside from the initial members, who would serve terms of staggered years. The commission is also required to conduct business in accordance with the state’s Open Meetings Act.

MAC supports HB 4173 and partnership with the state and law enforcement agencies to advance criminal justice reform.

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

 

2 bill packages could boost or stabilize county revenue

Two bill packages were introduced in Lansing in late March that could serve to stabilize revenues for counties and create more predictability in revenues. 

The first package, Senate Bills 229 and 230, by Sen. Veronica Klinefelt (D-Macomb) creates a “Revenue Sharing Trust Fund,” which is a big priority for MAC this year.

With this trust fund, the legislation would require a percentage of the state sales tax be deposited into the fund and prescribe an equitable distribution from of half to counties and half to cities, villages and townships (CVTs).

If enacted, counties could see an increase of at least 43 percent on their current revenue sharing in the first year alone. Additional increases would be based on the growth of the state’s sales tax.

The bills, developed by MAC in consultation with Sen. Klinefelt and others, have been referred to the Senate Committee on Finance, Insurance and Consumer Protection.

The second package creates an optional structure for the taxes levied on solar facilities in Michigan.

House Bills 4317 and 4318, by Reps. Curt VanderWall (R-Mason) and Cynthia Neeley (D-Genesee) respectively, would allow for the creation of solar energy districts by local municipalities after a mandatory public hearing. Subsequently, solar energy developers could apply for an exemption from local property taxes and instead pay a flat rate of $7,000 per megawatt of nameplate capacity for the proposed solar energy facility, instead of ad valorem property taxes. The payment would be locked in for 20 years and distributed based on the proportions of normal taxes that would have been paid to each taxing unit. 

An additional financial incentive would be offered for developers that choose to site their facilities on brownfield properties, in opportunity zones, as a secondary use on already improved real property (i.e., roof tops) or on state-owned property. In such cases, the reimbursement rate would be $2,000 per megawatt of nameplate capacity. 

The impetus behind the legislation is twofold. First, this methodology for compensating locals for lost taxes will provide financial predictability for the developers and the locals, hopefully avoiding the same problems we have had with the challenges to the evaluation of wind turbines. Second, the rate and process should serve as incentives for developers to build more renewable energy facilities.  

The bills have been referred to the House Tax Policy Committee. After years of participation on workgroups to ensure local options, a stable funding source, appropriate zoning considerations and adequate local reimbursements, MAC has taken a neutral position on HBs 4317-18.

For more information on these issues, contact Deena Bosworth at bosworth@micounties.org.

 

Legislative leadership panel will highlight conference’s third day

Leaders from the majority and minority parties in both chambers of the Michigan Legislature will join MAC for a discussion on their priorities and what has changed in Lansing since Democrats gained the majority in the House and Senate for the first time in 40 years. They also will be asked for their views on a variety of county priorities in 2023. The discussion will be moderated by Deena Bosworth, MAC’s director of governmental affairs.

The panel will include:

  • House Speaker Joe Tate, D-Wayne
  • House Minority Floor Leader Bryan Posthumus, R-Kent
  • Senate Majority Leader Winnie Brinks, D-Kent
  • Senate Minority Leader Aric Nesbitt, R-Cass

This special session will run from 8:45 a.m. to 9:45 a.m. on Wednesday, April 26.

Other sessions and events not to miss at this year’s conference include:

  • “A National Perspective on the County Landscape and Priorities” by Matt Chase, executive director of the National Association of Counties
  • A MAC Legislative Update from MAC’s Governmental Affairs staff
  • A State of MAC report from MAC Executive Director Stephan Currie
  • Remarks from MAC President Stan Ponstein of Kent County
  • An “Opioids Help Desk” where MAC’s Amy Dolinky will answers questions on opioid settlement fund planning
  • A Legislative Reception on the evening of Tuesday, April 25, during which MAC will present its County Advocate Awards for legislative service in 2022.

HOTEL UPDATE: The main conference hotel is now SOLD OUT. If you still need a room, we recommend contacting the Marriott Courtyard in downtown Lansing (approximately 2 blocks from the Lansing Center) at 517-367-6677.

Click here to register.
See conference agenda.

For additional details on registration pricing, parking and more, visit the conference page on MAC’s website.

 

Calling for transparency on opioid settlement investments

Last week, following the release of the Michigan Opioid Advisory Commission’s inaugural report calling for increased transparency of state spending, Kaiser Health News (KHN) reported on a need for transparency among state and local governments around opioid settlement funds.

The story was followed up by a Twitter feed outlining core issues and a Michigan Department of Health and Human Services (MDHHS) more detailed spend plan that has not been made publicly available before. The KHN reporter, Aneri Pattani, outlines how challenging it was to obtain this information. The spend plan that KHN was able to obtain differs from the spend plan released to the public by MDHHS on Feb. 10, even though both plans are share the same date.

National guidance from Johns Hopkins Bloomberg School of Public Health outlines five core principles for use of opioid settlement funds. Principle 5 specifies the need for community engagement and transparency in the planning and investment process. The KHN article also links to an interactive map, created by Christine Minhee, founder of OpioidSettlementTracker.com, showing the percentage of funds states have promised to publicly report on, outlining that the state of Michigan has no current plans to report on use of settlement funds.

County leaders should ensure community engagement in their settlement planning and consider ways in which transparency can be provided throughout all steps of the process. Consideration should be given to the different types of publicly available information that can be provided, from open meetings, public meeting minutes, listening sessions, town hall meetings all the way to annual reporting on expenditures and activities.

For assistance on anything related to opioid settlement planning, please contact Amy Dolinky at dolinky@micounties.org.

 

U.S. Treasury portal now open; P&E reports due by April 30

“All counties must submit an American Rescue Plan Act (ARPA) State and Local Coronavirus Fiscal Recovery Fund (Recovery Fund) Project and Expenditure (P&E) Report to the U.S. Department of the Treasury (Treasury) by April 30, 2023,” the National Association of Counties reminded in a post this week. “These required, periodic reports provide Treasury with financial and current performance information on projects using Recovery Funds. To help counties navigate the reporting process, the Treasury has released several resources that answer many of counties’ most common questions. 

“The Project and Expenditure Report User Guide takes counties step-by-step through the reporting portal and gives more details on what information Treasury wants for some programmatic questions. The guide includes screenshots of the Treasury Portal, showing counties what questions they can expect to answer for each project. This document is a supplement to Treasury’s compliance and reporting guidance.

“For the April P&E Reports, Treasury announced new information that counties are required to submit: These updates apply to all counties unless a county allocated its entire ARPA allocation towards the $10 million revenue loss standard allowance.

“Please note that there is new information that is required for these April P&E Reports. Counties are now required to include the following information (these requirements DO NOT apply to expenditures that are paid for using lost revenue – EC 6.1):

  1. Unique Entity ID Requirements for Subrecipients and Contractors: All subrecipients and contractors are required to have a Unique Entity ID (UEI) and have that number included as part of the reporting process. The UEI is the replacement for the previously used DUNS numbers, and they are issued by SAM.gov. While this requirement is not new, starting in April 2023’s P&E Report the report form will now return an error when no valid UEI is provided when creating new Subrecipient or Contractor entities. This was previously not explicitly required, but strongly urged by Treasury.
     
    1. Treasury has stated that for the April 2023 P&E reporting form, if a pre-existing subrecipient or contractor record does not have a UEI, the system will simply flag it as a warning but not prevent them from submission of the entire P&E report.
    2. However, ANY NEW subrecipient or contractor records will be required to have their UEIs provided and they cannot create those entities without one.
    3. Treasury has stated they DO NOT KNOW how long they will be able to keep this flexibility available after April 2023 so counties should get their UEIs together ASAP.
  1. New Subaward/Direct Payments Entity Type: All Subawards/Direct Payments records will be required to have an “entity type” selected before a subaward can be created. This field will capture whether the entity receiving the award or payment is a Subrecipient, Contractor, or Beneficiary. If a county attempts to create a new subaward for a subrecipient without a populated entity type field will result in an error. 

For more information, please see Treasury’s Recipient Compliance and Reporting Guidance page.

 

Apply by May 30 for federal grants on EV charging infrastructure

Applications are due by May 30 for a new federal grant program dedicated to electric vehicle charging and alternative-fueling infrastructure. The U.S. Department of Transportation (USDOT) has allocated $2.5 billion for the Charging and Fueling Infrastructure (CFI) Discretionary Grant Program. Counties will be eligible as long as the planned infrastructure is publicly accessible along designated highways, interstates and major roadways.

In February, Gov. Gretchen Whitmer proposed an unprecedented investment in electric vehicles during her budget presentation. Her recommendations included $45 million for local governments to convert their fleets to EVs, $65 million for charging infrastructure both commercially and at-home, $48.8 million to temporarily suspend the sales tax on electric vehicles and $150 million for electric school buses.

As electric vehicles grow in popularity, communities will need to invest in charging infrastructure to accommodate drivers. This grant program is a great opportunity to utilize federal dollars for this essential equipment. Please review the USDOT notice of funding to learn more.

For more information on MAC’s infrastructure efforts, contact Madeline Fata at fata@micounties.org.

 

NACo extends deadline to apply for Achievement Awards

The deadline for the National Association of Counties (NACo) Achievement Awards applications  has been extended to Friday, April 14 at 11:59 p.m. EDT.

By participating, your county can earn local and national recognition for your county’s groundbreaking efforts and share ideas with your peers across the country. Achievement Award winners have been featured in local media and in County News. Additionally, NACo often spotlights award-winning programs in congressional testimony and hearings, White House and federal agency briefings, publications, and other county storytelling.

This year, counties will receive recognition in 18 categories covering a wide spectrum of county responsibilities. All winners receive an award certificate and customizable press releases. The 18 “best of category” winners will receive special recognition at the 2023 NACo Annual Conference.

Click here to apply.

 

Staff picks

Large field of candidates to vie for MAC Board seats

Fourteen county commissioners from across Michigan have filed to fill five vacant board seats on the MAC Board of Directors in elections to be held at the 2023 Legislative Conference, April 24-26.

“This is the largest field of candidates we’ve had in recent memory,” said Stephan Currie, MAC’s executive director, “so it’s important that we have the best possible participation in the elections on April 25.”

The 16-member MAC Board is the association’s governing body. It meets four times per year.

Candidates for these special elections are:

Region II
  • Neil Ahrens, Emmet
  • Lauren Flynn, Grand Traverse
  • Art Jeannot, Benzie
  • Bryan Kolk, Newaygo
  • Jarris Rubingh, Antrim
Region III
  • Ryan Laylin, Cass
  • Tom Matthew, Branch
  • Tami Rey, Kalamazoo
  • Rick Shaffer, St. Joseph
Region IV
  • Irene Cahill, Ingham
  • Dwight Washington, Clinton
Region V
  • Sarah Lucido, Macomb
  • Terry Marecki, Wayne
Region VI
  • Donald O’Farrell, Iosco
Election procedures
  • Only commissioners who register for the Legislative Conference (see item below) may participate in the regional caucuses that fill these seats.
  • Regional Board seats are filled by elections in which each COUNTY gets ONE vote.
  • The caucuses will begin at 3:15 p.m. on Tuesday, April 25 in the Lansing Center. (Exact room assignments will be released immediately prior to the conference.)
  • Each candidate provided a statement of candidacy with their filing. See below. (If you are not sure which Region your county is in, please consult this list.)
  • See statements from each candidate and more details about the election by clicking here.

 

Conference will provide substantial info on opioid settlements

With counties now deep into planning on how to deploy funds from national opioid settlements, the 2023 Legislative Conference will be a great aid to county leaders interested in learning more on the subject.

On Tuesday morning, April 25, a breakout will focus on “helping counties learn about best practices on treatment and prevention. It is critical for counties to use evidence-based practices and respond to the needs of their communities, which are facing even higher rates of opioid overdose deaths since the COVID-19 pandemic began.”

In addition, Amy Dolinky, MAC’s technical adviser on opioid settlement planning, will be stationed at an “Opioids Help Desk” in the registration area to respond to inquiries from conference-goers. Among topics Dolinky can address are:

  • Understanding the opioid settlement landscape and allowable uses of funding
  • Guidance for community engagement and engaging those with lived experience and persons that use drugs
  • Assistance with community needs assessments and strategic planning efforts
  • Support in development of spending plans
  • Preparation for current and future reporting  
  • Linkage to additional resources and support

Early-bird registration (member rate of $405) continues to April 3 for the conference, the first of MAC’s two signature events for our 125th Anniversary year.

This year’s event will be April 24-26 in Lansing, with sessions at both the Radisson Hotel and the Lansing Center. The event is co-hosted by the Michigan County Medical Care Facilities Council (MCMFC).

Click here to register.

Plenary sessions will feature:

  • A discussion with the Legislative “Quadrant” (the four senior officials in the House and Senate) led by MAC’s director of governmental affairs, Deena Bosworth
  • “A National Perspective on the County Landscape and Priorities” by Matt Chase, executive director of the National Association of Counties
  • A MAC Legislative Update from MAC’s Governmental Affairs staff
  • A State of MAC report from MAC Executive Director Stephan Currie
  • Remarks from MAC President Stan Ponstein of Kent County

A Legislative Reception on the evening of Tuesday, April 25, during which MAC will present its County Advocate Awards for legislative service in 2022.

See conference agenda.

For additional details on hotel rooms, registration pricing, parking and more, visit the conference page on MAC’s website.

 

Special episode delves into rising issue of lake levels across Michigan

In a special episode of Podcast 83, MAC’s Deena Bosworth discusses the rising issue of inland lake levels with a legal expert on county responsibilities for lakes.

Stacy Hissong, general counsel for the Michigan Association of County Drain Commissioners and member of the law firm of Fahey Schultz, reviews both the unique role of Michigan’s county drain commissioners and the challenges that counties face on the approximately 400 inland lakes for which they have operational responsibility.

In this episode, learn more about:

  • What officer determines the lake level on a lake that a county is responsible for
  • Techniques that are used to maintain a proper lake level
  • Challenges now confronting counties on lake control

See the full video session, originally recorded on Feb. 21, 2023, 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.

 

Pension grants are focus of April 6 Treasury webinar

The Michigan Department of Treasury will host the initial webinar to review the Protecting MI Pension: Michigan Local Pension Grant Program on April 6. This initial webinar will focus on the processes that local governments will use to complete and submit an application, along with the process for review and award distribution. Subsequent webinars will focus on technical aspects related to the Protecting MI Pension Grant program, as well as frequently asked questions.

Register for April 6, 2023, Webinar

Topics will include: Bureau of Local Government and School Services – Trusted Partner Model, Overview of Protecting MI Pension Grant Program, Eligibility Requirements, Grant Application Process, Program Award Distribution Process, Key Dates and Timeline, and Next Steps.

Additional information related to FAQs, program guidelines, and application materials will be available at www.Michigan.gov/MIPensionGrant no later than April 15, 2023. Please be sure to sign up for Treasury – Local Government email alerts to be notified of additional updates to this grant program and other local government notifications. 

Questions regarding the Protecting MI Pension Grant can be directed to Treasury at Treasury-MIPensionGrant@Michigan.gov.

 

Staff picks

MAC-backed revenue sharing bills introduced

Two different packages of bills that create a state Revenue Sharing Trust Fund and direct the expenditures of such a fund have been introduced in the Legislature.

Senate Bills 229230, by Sen. Veronica Klinefelt (D-Macomb), are backed by MAC and carve out a portion of the state’s sales tax for deposit into the fund (10% of all funds collected by 4 percentage points of the sales tax rate).

The bills also:

  • Stipulate the money in the fund does not lapse to the state’s General Fund
  • Allocate an even split of the funds between counties and CVTs (cities, villages and townships)

A dedicated fund helps protect revenue sharing dollars from being raided during the annual appropriations process. The 10 percent collection rate would boost current allocations to counties and reflect the true intention of revenue sharing by requiring a portion of the state’s revenue to be shared with local governments. In this system, if sales tax revenue goes up, revenue sharing would go up, if the sales tax revenue fell, so would the money in the fund. 

Legislation advanced by the Michigan Municipal League (House Bills 427475 and SBs 182183) takes a slightly different approach.

That package would create a base in a Revenue Sharing Trust Fund of the Fiscal Year 2024 recommended revenue sharing amounts and distribute funds on the current allocation method. The fund could accept additional monies but would not require additional deposits into the fund. While this approach would help insulate local governments from further raids on revenue sharing by the Legislature, it does not build in a system for growth. 

The current revenue sharing system is overly complicated and not well understood. For example, many don’t know that counties don’t share in more than $1 billion in constitutional revenue sharing that all CVTs receive per capita. For a quick primer on the revenue sharing program, check out this slide deck prepared by the House Fiscal Agency.  

Parity on the statutory side of revenue sharing, as reflected in Sen. Klinefelt’s bills mentioned above, is appropriate given the fact counties serve 100 percent of the state’s population and have significantly more mandated services to provide to our residents than other local governments.

MAC also is advocating for an increase in the amount in the fund to ensure no local government is faced with reductions in their allocation and to ensure the state supports the work done at the regional and local levels.

A survey recently conducted by MAC found members would use additional revenue sharing dollars to invest in communities in ways long supported by the Legislature, such as infrastructure; unfunded liabilities; customer service improvements; attraction and retention of employees; economic development; and cybersecurity.

Revenue sharing is the most flexible form of state aid to counties, which makes it the most effective method to fund generational investments in public services — with decisions made at the local level. Reform of revenue sharing is one of MAC’s top legislative priorities for 2023.

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

 

Juvenile Justice Reform Task Force testifies before Senate panel

Members of the Michigan Task Force on Juvenile Justice Reform testified before the Senate Committee on Civil Rights, Judiciary and Public Safety this week on the 32 recommendations they provided to the Legislature last July.

Of these recommendations, two tiers of priorities have been identified.

The first tier, consisting of six priorities, will be introduced in an approximately 15-bill package later this spring. This package would include expansions to the County Child Care Fund (CCF), including an increase in reimbursement rates to counties from 50 percent to 75 percent for community-based services; expanding eligibility for diversion; and requiring the use of risk and needs assessments.

(UPDATE: Please see clarification on CCF rate changes in the Aug. 25, 2023, Legislative Update.)

In addition to expanding the CCF, the Michigan Indigent Defense Commission would be expanded to implement youth defense standards in local county defense systems, the State Appellate Defender’s Office would be required to oversee a system of appellate defense for juveniles and court fines and fees for juveniles would be waived.

MAC supports this bill package and will continue working to implement the recommendations of the task force.

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

 

New rules on materials management loom for counties

On March 29, new state legal provisions kick in requiring counties to update their Materials Management Plans (MMP) and increase recycling rates in Michigan.

(NOTE: If you listened to this week’s Podcast 83, be advised that timetables shared there were incorrect; see correct information below.)

A 180-day window for counties to determine whether they planned to file a Notice of Intent (NOI) with the Department of Environment, Great Lakes, and Energy (EGLE) does not officially begin until the director of the EGLE initiates it.

After those 180 days, if a county declines to prepare a new MMP, EGLE will create one for them and the county will then be responsible for implementing the plan. If a county decides to file an NOI and prepare their own MMP, they will have 36 months to plan and receive approval from EGLE. Counties have the option to collaborate with neighboring counties to create regional plans.

Counties that file an NOI will be provided funding from the state to prepare their plans. Each county will be granted a base of $60,000, plus 50 cents per capita, up to $300,000. An additional $10,000 will be given to each county that enters a multi-county plan.

Until the EGLE director initiates the process, counties can consider their waste capacity limits, their willingness to draft their own MMP and whether they would like to partner with other counties.

In the meantime, EGLE will be hosting monthly webinars to walk counties through the process. We encourage each county to have at least one representative participate in these discussions. The meetings are typically held on the third Wednesday of each month; however, April’s meeting has been cancelled.

The next scheduled meeting will be from 1:30 p.m. to 3 p.m. on May 17. To be included in future meeting notices, please email egle-mmp@michigan.gov.

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

 

Wayne County addresses Senate panel on juvenile facility crisis

Wayne County officials were called to testify this week before a Senate Appropriations subcommittee in the wake of news reports of major problems at the county’s juvenile center.

Every county in Michigan is suffering from a bed and/or staffing shortage within the juvenile justice system. Incidents like those in Wayne can and should be avoided with the help of the state Department of Health and Human Services. Without proper funding of our juvenile justice system, staff go underpaid and overworked, then leave. Youths go without the services they need and deserve, and risks to public safety are posed.

Court-involved youth in Michigan are currently staying in short-term detention facilities, such as Wayne’s, for months or, in some cases, even years. The staffing shortage has led to countless empty beds in residential facilities that would otherwise be in use. Northern Michigan and the Upper Peninsula do not have access to a local facility and are forced to send youths to Southern Michigan or out of state. This issue has become a crisis, and the time is now for our state to provide funding to alleviate the burden on this system.

MAC has requested that the state fund staff recruitment, retention, and training to resolve the current staffing shortage crisis, as well as funding for the creation of an additional facility to serve northern counties who do not have access.

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

 

Podcast 83 looks at juvenile justice, solid waste, revenue sharing

Major changes are looming for three significant areas of county responsibility, MAC’s Podcast 83 team said this week.

Host Stephan Currie and the MAC Governmental Affairs Team of Deena Bosworth, Madeline Fata and Samantha Gibson took in-depth looks at the following issues in Lansing:

  • Juvenile justice reform legislation, with Gibson saying a large packet of bills would constitute “a whole juvenile system overhaul”
  • Revenue sharing reform, with Bosworth detailing her recent testimony to multiple legislative panels on MAC’s plan to create a protected fund for revenue sharing payments and create parity between counties and other local governments on such appropriations
  • Materials management, with Fata reporting that the clock is ticking for counties to make a big decision on whether, under state law passed last year, they will write new solid waste plans or let the state Department of Environment, Great Lakes and Energy do so (Correction: Some of the timing mentioned in this week’s podcast on this issue is incorrect; please refer to the written item in this Legislative Update for proper details.)

See the full video, recorded on March 20, 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.

 

Opioid Advisory Commission releases annual report

The Michigan Opioid Advisory Commission released its 2023 Annual Report: A Planning Guide for State Policy Makers on Thursday (March 23). The report provides a comprehensive overview of the background of the opioid epidemic in Michigan and the national landscape in which the opioid settlements are taking place. The report details the state of Michigan’s intended uses of current settlement funds and outlines approved uses of funds as provided in Exhibit E.

The report looks specifically at the Principles for the Use of Funds From the Opioid Litigation and provides a scorecard for Michigan’s adoption of these principles, identifying strategies and gaps. The final section of the report outlines the commission’s findings and recommendations, as well as the Opioid Advisory Commissions strategic plan and planning considerations.

As a reminder, local governments have been given an opportunity to participate in national Opioid Settlements with Teva, Allergan, CVS and Walmart. To participate in these settlements, counties must complete a participation form and return the form by April 18. We encourage all counties to participate in these additional settlements.

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

 

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