Extension for court fee authority advances in House and Senate
Legislation to secure key trial court funding has passed out of the House, and recently introduced Senate bills on the subject received a hearing in the Senate Judiciary Committee this week.
House Bill 5392 and Senate Bill 815, by Rep. Sarah Lightner (R-Jackson) and Sen. Sue Shink (D-Washtenaw) respectively, extend a quickly approaching May 1, 2024, expiration (“sunset”) of the authority of trial courts to levy fees that constitute a key part of their operational funding.
However, HB 5392 and SB 815 are “tie-barred” to a separate measure through actions of the House Judiciary Committee. The companion bills, HB 5534 and SB 814, by Rep. Kelly Breen (D-Oakland) and Sen. Stephanie Chang (D-Wayne) respectively, outline a plan for the State Court Administrative Office to conduct data collection on certain trial court costs and revenue sources and provide a report to the Legislature with proposals to implement the Trial Court Funding Commission’s recommendations from 2019. A “tie-bar” means both bills must advance together.
Now that the House bills have advanced to the Senate, MAC anticipates the Senate passing the legislation next week. With the bills headed to the Governor as early as next week, MAC expects the sunset to be extended prior to its expiration on May 1. Courts stand to lose nearly $50 million in operational funding annually if HB 5392 does not pass. This loss of revenue, if not covered by the state, will fall on the counties to cover.
Now, the Senate needs to give immediate effect to both bills, otherwise the legislation will not take effect until well after May 1.
MAC supports both HBs 5392 and 5534 and SBs 814 and 815, with our priority to move HB 5392 and extend the sunset prior to May 1.
MAC is asking members to take immediate action to urge quick legislative passage. Please visit MAC’s advocacy center to share your support and the need for immediate effect in the Senate for HBs 5392 and 5534 with your elected officials. The legislative window is closing, as there are limited days for the Legislature to advance the bills to the governor prior to May 1.
For more information on this issue, contact Samantha Gibson at gibson@micounties.org.
MAC working on changes to short-term rental legislation
A 10-bill package designed to restrict ― but not eliminate ― local governments’ power to regulate short term-rentals, while allowing for a 6 percent excise tax was the subject of the House Local Government Committee meeting this week. House Bills 5437-5446 did not receive a vote in committee this week, and further hearings are anticipated.
The primary bill in the package is HB 5438, by Rep. Joey Andrews (D-Berrien), which would require short-term rentals to be registered with the state; carry $1 million in liability insurance; have carbon monoxide detectors, smoke detectors and fire extinguishers; and have an emergency contact for renters within 30 miles of the rental. The bill would not allow a local government to ban short-term rentals but would allow communities to restrict their number.
MAC has not taken a formal position on the bills since counties are not defined as a local government under the legislation; do not have the authority to regulate the rentals; nor do they collect any portion of the proposed excise tax. The bill sponsor is open to amendments to recognize that many counties do the planning and zoning for municipalities and enforce building codes.
For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.
Special elections renew 56-54 Democratic majority in House
Democrats again will hold a 56-54 edge in the Michigan House of Representatives after two special elections held Tuesday.
The House has been at a 54-54 standstill since Reps. Kevin Coleman (D-Westland) and Lori Stone (D-Warren) left office to serve as mayor in their respective hometowns.
Replacing Coleman will be Peter Herzberg, a Westland City Council member. Mai Xiong, a Macomb County commissioner, will be filling Stone’s seat in the 13th district.
It remains unclear when the new representatives will be sworn in. The Board of State Canvassers must certify the election first, and they are scheduled to meet on April 26. It is possible Xiong and Herzberg will be seated the following week, though it could be even later.
State law requires the Legislature to finish its budget work by July 1 each year, though there are no penalties to lawmakers for missing that deadline.
However, during election years, the Legislature traditionally breaks in late May or early June to return home to their districts for campaign work. That means there could only be about 12 or 15 session days between the new representatives being seated and the summer recess. While most of this time will be occupied with budget work, it is possible Democrats will take advantage of their renewed majority and advance some of their legislative priorities.
For more discussion on the legislative calendar, check out the latest episode of Podcast 83.
Learn your options about social media posting in April 22 webinar
Hosted by the Local Government Legal Center (LGLC), legal experts will lead a discussion of the Lindke v. Freed decision in which the Supreme Court set forth the test for when local government officials are considered “state actors” for the purposes of the First Amendment when they post on social media.
Click here to register. The webinar begins at 2 p.m. Eastern.
The LGLC is a coalition of national local government organizations formed in 2023 by the National Association of Counties (NACo), National League of Cities (NLC), International Municipal Lawyers Association (IMLA) and Government Finance Officers Association (GFOA) to provide education to local governments regarding the Supreme Court and its impact on local governments and local officials and to advocate for local government positions at the Supreme Court in appropriate cases.
Capital improvements are subject of April 22 ‘Fiscally Ready’ session
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 planning.
Click here to register for the event, which runs from 3 p.m. to 4:30 p.m. Eastern.
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.”
Legislative Update 4-12-24
MAC news, Blog, Events, Legislative, MACSC, Marketing, NACo
Fee authority for courts likely to expire without legislative intervention
House Bill 5392, by Rep. Sarah Lightner (R-Jackson), extends a quickly approaching May 1, 2024, expiration (“sunset”) of the authority of trial courts to levy fees that constitute a key part of their operational funding.
However, HB 5392 is “tie-barred” to a separate measure through actions of the House Judiciary Committee. The companion bill, HB 5534, by Rep. Kelly Breen (D-Oakland), outlines a plan for the State Court Administrative Office to conduct data collection on certain trial court costs and revenue sources and provide a report to the Legislature with proposals to implement the Trial Court Funding Commission’s recommendations from 2019. A “tie-bar” means both bills must advance together.
MAC sees broad support for the sunset extension, but the prospects for the companion bill are much less clear. If, for political reasons, the legislation is delayed and not signed before May 1, a funding gap will result.
As we approach May 1, and the bills have yet to receive a vote, it is increasing likely fee authority for courts will expire. Courts stand to lose nearly $50 million in operational funding annually if HB 5392 does not pass. This loss of revenue, if not covered by the state, will fall on the counties to cover.
With the likelihood for the fee authority to expire, the State Court Administrative Office sent a memo to courts last week, encouraging them to work with counties to establish a back-up funding plan.
While we are expecting the authority to expire on May 1, MAC anticipates the bills will still be signed in May. MAC is advocating for state funding to be appropriated to counties in the event a funding gap is created, to the tune of $1 million per week.
MAC supports both HB 5392 and 5534, with our priority to move HB 5392 and extend the funding authority prior to May 1.
MAC is asking members to take immediate action to urge quick legislative passage. Please visit MAC’s advocacy center to share your support for HBs 5392 and 5534 with your elected officials. The legislative window is closing, as there are limited days for the Legislature to advance the bills to the governor prior to May 1.
For more information on this issue, contact Samantha Gibson at gibson@micounties.org.
Executive Director Stephan Currie with official County Government Month resolution.
Legislative resolution recognizes ‘County Government Month’
April has been designated National County Government Month in Michigan after the Senate approved a resolution this week.
Resolution 105, by Sens. Jeff Irwin (D-Washtenaw) and Sylvia Santana (D-Wayne), was requested by MAC as part of National County Government Month festivities led by the National Association of Counties. Irwin is a former Washtenaw County commissioner and a member of MAC’s County Caucus.
This recognition is an opportunity to highlight the hard work of county officials and the multitude of services county governments provide. Since 1991, the National Association of Counties has pushed for all states to celebrate counties throughout the month of April.
Impact on counties of federal PFAS rule as yet unclear
The federal government has issued new drinking water standards pertaining to Per- and Polyfluoroalkyl Substances (PFAS). The U.S. Environmental Protection Agency (EPA) announced this week the “first-ever national, legally enforceable drinking water standard.”
There are 66,000 public drinking water systems in the U.S. and the EPA estimates that between 6 percent and 10 percent of those systems will need to take action to meet the new standards. The federal government has made available $1 billion in funding to test and treat both private and public water supplies for PFAS.
Michigan has been a national leader in PFAS testing and treatment since at least 2017 with the creation of the Michigan PFAS Action Response Team (MPART). While MPART has already sampled every public drinking water system in the state, it is not yet publicly known how many, if any, will be impacted by the new standards.
For more information on MAC’s environmental policy work, contact Madeline Fata at fata@micounties.org.
Trial court legislation still stuck in Lansing calendar, Podcast 83 reports
“So, at this time, unfortunately, we’re still held up on trial court funding legislation in the House,” Gibson said. “What’s becoming increasingly likely, and what I think will end up happening, is once the two vacant house seats are filled after those special elections, April 16, maybe. So, let’s say April 23 or 24, maybe the House will vote the bills out, then the Senate is going to have a hearing on some Senate versions of those bills on the 18th. So, whenever the House bills get over there, they can just get sent right to the Senate floor. … We probably will be looking at a week or so after May 1 for implementation of the new sunset.”
In that case, MAC will be pressing the state to reimburse counties for the approximately $1 million per week that will be lost in operating revenue, as it did the last time the fee authority expired in the fall of 2022.
Also reviewed in this week’s episode are:
The potential effects of legislation just signed by Gov. Gretchen Whitmer on hotel/motel tax authority for Kent and seven other counties.
The timing for the passage of the state’s FY25 budget this spring with the statewide election calendar looming.
View the full episode, recorded on April 8, 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.
April 16 webinar set on harm reduction and opioid treatment meds
Many people have negative reactions when they hear “methadone” or “needle exchange,” but these are two of several science-backed ways to improve health and prevent deaths among people who use drugs. This presentation provides a broad overview of two kinds of interventions that science shows can help people who use drugs: medications for opioid use disorder (MOUD), sch as methadone, and harm reduction, which includes services like needle and syringe programs. We will explain how these interventions work, show evidence of their effectiveness, and address common misconceptions about them.
Register to attend here.
The series is hosted by the Michigan Department of Health and Human Services, in partnership with Michigan State University, University of Michigan and Wayne State University as part of their Technical Assistance Collaborative.
For more information on opioid settlements are technical assistance, contact Amy Dolinky at dolinky@micounties.org.
New tool provides ‘one-stop shop’ for your grant searches
The MI Funding Hub is a new effort led by the Michigan Municipal League and state Department of Labor and Economic Opportunity to develop one-stop shop for grants. The hub provides open access to a searchable database of federal and state funding sources as well as philanthropic foundations that can be queried based on type of applicant and funding category as funding becomes available.
The hub provides a monthly newsletter announcing new grants, webinars and grant readiness training.
Local officials also have free access to hands-on technical assistance from a team of experts across many fields through the MI Funding Hub helpdesk. After receiving your helpdesk request form, the team will schedule a meeting to discuss funding needs, answer funding questions, direct applicants to appropriate funding sources and coach you on developing application strategies.
Services provided through the MI Funding Hub do not include writing grant applications, but MAC’s CoProPlus subsidiary does have a pre-negotiated grant writing contract available.
Get started by watching a recorded introductory webinar.
Use cyber courses to bolster your county’s defenses
In early April, Grand Traverse County was hit with a “spear phishing” attack through its email system. The county’s IT team was able to ward off the assault, but this is yet another reminder that digital security is a fundamental duty for any county government in the 21st century.
The NACo Cyberattack Simulation is a reality-based simulation that prepares county risk leaders for cyberattacks by assessing counties’ current state of readiness and identifying gaps. This simulation will help attendees evaluate their incident response procedures and tools and guide them in developing a detailed cyberattack response strategy.
Upcoming sessions will focus on:
The NACo Cyberattack Simulation is designed for cybersecurity managers, their teams and those responsible for risk defense, protection, and recovery, including HR, policy management, finance, public safety and emergency services. It requires 30-60 minutes per day for one week. Activities can be completed on the participants’ schedule and accessed online anywhere.
The retail price of the one week Cyberattack Simulation is $795 per enrollee; however, the simulations are fully sponsored for all counties, bringing your price down to ZERO.
To learn more or enroll, email moderator@pdaleadership.com.
Electronic options now offered on payments from state
The LCSA issues thousands of checks each year to local governments and a number of these remain uncashed. Issuing physical checks means there’s a greater chance of those funds being lost.
While we do work with the local units to try to locate checks and/or reissue them, if necessary, this process can take months.
As a result, we are commencing an electronic payment outreach program with the goal of ensuring local governments receive payments required under state statute(s). Our partners at Plante Moran are launching an outreach effort to contact local units of government directly to set up electronic payment.
LCSA offers two options for electronic deposit: through an ACH or through a Michigan Class participant-to-participant transfer.
If you would like to begin the simple process of converting to electronic payment, email us at electronicpayment@lcsami.gov. For questions, please contact Samantha Harkins, ceo@michiganmsa.org.
Opioid settlement metrics tool released
OSPRI was developed by a working group from Vital Strategies and Johns Hopkins Bloomberg School of Public Health with additional contributions from the Pew Charitable Trusts, Shatterproof, the CDC Foundation, and the National Association of Counties.
For additional information or technical assistance with monitoring investments, contact Amy Dolinky at dolinky@micounties.org.
Legislative Update 4-5-24
Blog, Events, Legislative, MAC news, Marketing, NACo
Time grows short to register for 2024 Legislative Conference
The 2024 Michigan Counties Legislative Conference starts April 29, but MAC’s special room rate at the DoubleTree Hotel expires today. Attendees may be able to still obtain lodging there, but they will be paying the full retail rate.
The next nearest hotel is the Courtyard Marriott (see map). Their room rates are $159 for the night of April 29 and $189 for the night of April 30. Click here for more information or to book a room there.
Digital conference registration continues until April 19 for the event. Leading in times of crisis and change will be the theme of its keynote address.
Retired Adm. Peter Cressy, director of Executive Leadership Programs at the Washington Leadership Institute, will speak on:
Cressy
“Washington, Lincoln, Roosevelt, Churchill: A Strategic Approach to Leading in Times of Crisis and Change: Washington and these other great leaders manifested eight common characteristics in leading during times of crisis and change, ranging from visibility and communication to planning and collaboration. This popular session will explore examples of these traits during the times of crisis each of these outstanding leaders faced, which remain relevant today.”
Additional plenary sessions will feature:
Breakout sessions on current challenges for county leaders, including broadband funding updates, lessons learned from the opioid settlements, impact of renewable energy siting legislation, options for infrastructure funding to address the expansion of electric vehicles and much more!
For any conference-related question, send an email to connell@micounties.org.
New law expands hotel/motel tax authority for 8 counties
House Bill 5048, by Rep. John Fitzgerald (D-Kent), uses population thresholds that qualify these counties to increase what they can charge on hotel and motel rooms. The counties are Calhoun, Genesee, Ingham, Kalamazoo, Kent, Muskegon, Saginaw and Washtenaw.
MAC had backed a bid for this option for all 83 counties to give them another economic development tool. Leaders in Kent County, in particular, pushed hard for change as they are seeking revenue for a new sports complex and an aquarium.
MAC’s broader efforts were opposed by the Restaurant and Lodging Association and convention and visitors bureaus, leading to this more restricted law.
These projects hold immense promise for Kent County, not only in terms of providing recreational and cultural amenities but also in driving economic growth through increased tourism and job creation. The sports complex promises to be a hub for sports enthusiasts, attracting both local fans and visitors from afar. Similarly, the aquarium offers an immersive experience for residents and tourists alike, showcasing the region’s aquatic biodiversity and educational opportunities.
Under the law, an increase will require a vote of the people to increase the excise tax from 5 percent to 8 percent for eligible counties. A separate provision for an additional 2 percent excise tax by local governments is limited to Kent County.
MAC will continue to advocate for the ability of all counties to raise revenue to fund economic growth and to provide for the public safety needs that come along with increased tourism and recreation in this state.
For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.
Legislation introduced to return local control on tobacco sales
SBs 647–654 would ban all sales of flavored tobacco products, require tobacco retailers to be licensed and create an excise tax on e-cigarettes and vapes with nicotine. The package would also repeal current statutory penalties on youth for possessing tobacco products.
MAC has taken a position of support for SB 647 due to its focus on returning control to counties for the regulation of tobacco sales.
For more information on this issue, contact Samantha Gibson at gibson@micounties.org.
CoPro+ program can be ally in procurement work
MAC’s CoProPlus subsidiary, now entering its second decade of service to public entities, stands ready to assist MAC members in expansive ways, explained CoPro+ staffers in a new episode of MAC’s Podcast 83.
“One thing that makes us unique is that we will go into an entity that needs our services and offer a full range of end-to-end procurement services,” said Penny Saites of CoPro+. “(We offer) everything from writing bid specs, to writing the bid document, to assisting through the procurement process and all the way to evaluation and contract execution.”
“Any public agency is eligible to participate in the program,” added Chuck Wolford. “And that could be a county, a city, a township, a public school, a college or a university. And you can use the contracts at absolutely no cost to you and save you the time for procuring it again, we’ve already done the work for you. It’s already been vetted. And you’re always going have something that’s done the right way through this program.”
While the figure changes regularly, CoPro+ has about 150 contracts in place. About 20 counties have made use of at least one such contract.
“We have contracts in commodities, IT professional services and maintenance and repair type contracts. So, if you’re a facility guy, you’re going want to look at some of those building services contracts that we have, like we have a really nice overhead door contract where those vendors also do HVAC and other building services,” Saites explained.
“We are looking at some of the professional services contracts; grant writing I know is one of them. We get a lot of questions from MAC (on that issue),” Saites added. “There’s also compensation studies available on there, if folks would like to engage with that group.”
View the full episode, recorded on Feb. 28, 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.
EGLE event will focus on environmental compliance challenges
Get up-to-date information on regulatory topics, environmental requirements, best practices, EGLE hot topics and more.
Network with regulators, clients, and potential customers from around the state.
Choose from more than 70 concurrent technical presentations delivered by program experts on topics related to air quality, hazardous waste and materials management, drinking water requirements, water quality regulations, remediation, and emergency planning.
Take advantage of opportunities for specialized one-on-one assistance from EGLE staff and get your questions answered.
A full conference registration is $200. The deadline to register is May 27. See more details at Michigan.gov/EGLEevents.
Legislative Update 3-29-24
Blog, Events, Legislative, MAC news, MACSC, Marketing, NACo
Lenawee commissioner explains beginnings of ballot campaign on energy sites
So explained Lenawee County Commissioner Kevon Martis about the ballot campaign he and other concerned citizens formed now to contest Public Act 233, the controversial state law adopted in 2023 on the siting of renewable energy facilities.
“Public Act 233 has really taken away any meaningful local control of wind, solar and battery storage regulation,” Martis explained to Podcast 83 host Stephan Currie in a new special episode. “We’ve taken the approach that people should have a vote on this, and we’re trying to place the repeal of that local zoning preemption on the ballot this November.”
Under the name “Citizens for Local Choice,” this group wants voters to have a chance to modify the law to protect local control.
“We introduced this as initiated legislation and that legislation targets only the local zoning preemption (in the law),” Martis explained. “We’re not touching any of the energy policy side of this.”
“My strong recommendation to (Michigan’s county commissioners) is if each of you go out and collect one or two pages of signatures ― and each page has 12 signatures ― that will make a meaningful difference in our efforts,” Martis said.
View the full episode, recorded on March 22, 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.
Use new portal to help state direct broadband investments
The maps were initially built using data from internet service providers, state, and federal entities. The challenge process is meant to fact-check that data and ensure funds are being allocated accurately. The challenge began on March 25 and will run through April 23.
Residents are unable to submit challenge results directly to the state, however, Merit has generated a portal for this purpose. Merit is a nonprofit regional research and education network which will gather residential data from the portal and submit it to the state on behalf of individuals. Community leaders should refer their constituents to the Merit platform to participate in the challenge.
For more information on MAC’s advocacy on broadband, contact Madeline Fata at fata@micounties.org.
MAC-backed bill to expand drug courts awaits House vote
House Bill 4525, by Rep. Graham Filler (R-Clinton), would amend state law to allow certain offenders to be admitted to a drug treatment court with the approval of the judge, prosecutor and any known victim.
HB 4525 is part of a three-bill package, including HBs 4523 and 4524, by Reps. Kara Hope (D-Ingham) and Joey Andrews (D-Berrien), respectively. The package would expand the use of mental health and drug treatment courts, which are currently limited to nonviolent offenders, to include certain violent offenders ― but again only with approval from a judge and prosecutor and consent of any victim.
The bills were voted out of the Senate; however, they were sent back to the House, as they are required to provide a concurrence vote due to amendments made in the Senate. Despite prior approval in the House, HBs 4523 and 4525 failed to move, and likely will not receive another vote until later this spring.
MAC supports this legislation.
For more information on this issue, contact Samantha Gibson at gibson@micounties.org.
NACo webinar to give update on ‘elective pay’ under federal IRA
An April 16 webinar from the National Association of Counties is designed to answer county questions about the “elective pay” portion of the Inflation Reduction Act (IRA).
On March 5, the U.S. Department of the Treasury (Treasury) issued final regulations for the elective pay mechanism established in the Inflation Reduction Act (IRA). Using elective pay, also known as direct pay, counties and other tax-exempt entities can monetize certain clean energy tax credits that they have previously been unable to access due to their lack of tax liability. Treasury also unveiled a new proposed rule to provide criteria regarding the eligibility of certain ownership structures to claim elective pay. During this webinar, counties will hear from Treasury and the U.S. Department of Energy (DOE) on these new regulations and other funding opportunities available under IRA.
To register for the webinar on April 16, which will run from 3 p.m. to 4 p.m. Eastern, click here.
County efforts earn Hometown Health Hero awards
This year marks the 20th anniversary of the award, which is presented to individuals and/or organizations that have made significant and measurable contributions to preserve and improve their community’s health. Awardees are selected solely from nominations received.
Washtenaw County’s Community Voices for Health Equity will receive one of 10 awards this year.
Honorable Mentions will be awarded to:
All the awards will be presented on April 10 at 11:30 a.m. in the Atrium of Heritage Hall in the State Capitol. The event is open to the public. The event is held during Michigan Public Health Week, whose theme this year is f “Protecting, Connecting and Thriving: We Are All Public Health.”
Legislative Update 3-15-24
Blog, Blog Dynamic, Events, Legislative, MAC news, Marketing, NACo
Trial court funding reform bills pass House committee
House Bill 5392, by Rep. Sarah Lightner (R-Jackson), extends a quickly approaching May 1, 2024, expiration (“sunset”) of the authority of trial courts to levy fees that constitute a key part of their operational funding.
However, HB 5392 is now “tie-barred” to a separate measure through actions of the House Judiciary Committee. The companion bill, HB 5534, by Rep. Kelly Breen (D-Oakland), outlines a plan for the State Court Administrative Office to conduct data collection on certain trial court costs and revenue sources and provide a report to the Legislature with proposals to implement the Trial Court Funding Commission’s recommendations from 2019. A “tie-bar” means both bills must advance together.
MAC sees broad support for the sunset extension, but the prospects for the companion bill are much less clear. If, for political reasons, the legislation is delayed and not signed before May 1, a funding gap will result.
Courts stand to lose nearly $50 million in operational funding annually if HB 5392 does not pass. This loss of revenue, if not covered by the state, will fall on the counties to cover.
MAC supports both HB 5392 and 5534, with our first priority to move HB 5392 and extend the sunset prior to May 1, as was testified to last Wednesday.
These bills now move to the House floor.
MAC is asking members to take immediate action to urge quick legislative passage. Please visit MAC’s advocacy center to share your support for HBs 5392 and 5534 with your elected officials. The legislative window is closing, as there are limited days for the Legislature to advance the bills to the governor prior to May 1.
For more information on this issue, contact Samantha Gibson at gibson@micounties.org.
MAC joins campaign to repeal state control of energy siting
“What we have heard from our own counties, and from colleagues across the state, is that this law enacted last year is a clear attack on local control, an attack Michigan’s 83 counties cannot allow to continue,” said Jim Storey, president of the MAC Board of Directors and chair of the Allegan County Board. MAC is aware of at least nine counties that already have passed resolutions in support of the ballot campaign.
MAC consistently opposed the act as it worked its way through the State Capitol last year, testifying on the consequences of usurping local control and suggesting changes that could facilitate the generation of clean energy without making the state Public Service Commission the final answer on local land use.
“It’s unfortunate we have reached this point, but this measure is so ill-conceived, so counter to the interests of communities and good governance, that MAC has to take this stand,” added Stephan Currie, executive director.
What’s next?
The coalition now has petitions in the field to collect the 550,000 signatures the group thinks is advisable to meet state requirements for ballot proposals. Only 356,958 valid signatures are needed under state law, but the coalition has set a higher goal to ensure the legal requirement is easily met.)
Time is short, though, as the deadline to collect signatures is approaching on May 29, the deadline to reach the November 2024 ballot.
For more information on MAC’s work in defense of local control, contact Director of Governmental Affairs Deena Bosworth at bosworth@micounties.org.
‘Polluter pay’ package would bring problems for counties
Senate Bills 605-611, led by Sen. Jeff Irwin (D-Washtenaw), add new regulations for businesses and local units of government to own and operate brownfield sites, making it difficult and undesirable to do so. Environmentalists are referring to the package as “polluter pay,” while industry representatives are calling it an attack on brownfield redevelopment.
The lead bill would require all owners of a contaminated property, whether they are responsible for the contamination or not, to conduct a baseline environmental assessment and submit a “due care plan” to the Department of Environment, Great Lakes, and Energy (EGLE) every five years. A due care plan must include specific actions, plus monitoring and reporting requirements.
Contaminated sites will need to be cleaned up to residential standards, the highest level possible. Even if the site is meant to be used as a parking lot, the owner will need to follow remediation guidelines as if the site were to be a neighborhood. Financial considerations are not factored into this requirement in any way.
There is a stipulation for financial assurance on any facility that houses a pollutant. Many counties or their road agencies own salt sheds and oil brine tanks for road maintenance activities. For each of these facilities, a county would need to take out a bond for 70 percent of the cost to remediate the release of all pollutants on site. The response cost would be estimated per pound, or by a third party approved by EGLE.
Other provisions include medical monitoring, allowing EGLE to circumvent the rules-making process and changes to the statute of limitations for discovering contaminants. Aside from brownfield sites and road agencies, county airports also could be affected by this legislation.
MAC anticipates a hearing before the Senate Committee on Energy and Environment sometime in April. MAC will share updates as they become available.
For more information on this issue, contact Madeline Fata at fata@micounties.org.
Podcast 83 discusses court funding, energy conundrums
On May 1, the state law that allows trial courts to impose fees on defendants, a key part of the overall court funding system, expires. For many months, MAC has been working to, at minimum, get that authority extended to 2026, but the extension may not come until after the authority expires, Samantha Gibson explained.
“Last Wednesday, I testified in the House Judiciary Committee in support of two bills. One … extends the quickly approaching May 1 sunset date … (T)he other bill that MAC supports … that’s a plan for a plan, if you will, that requires the State Court Administrator’s Office to do data collection on court costs, revenue, judicial caseload and a few other things to then give a report to legislators in May of 2026,” Gibson said.
The plan, as of March 11, was to “tie-bar” the bills, meaning either both advance or neither. This complicates passage of the fee authority, especially in light of the Legislature’s upcoming calendar and the continued 54-54 seat deadlock in the House, Gibson said.
In the end, MAC expects fee authority to be extended, but there could be a gap in “coverage,” which would mean missing funds from courts that would have to be made up by someone. “It’s MAC’s position that if the Legislature withholds the bills, and a funding gap occurs that the state is responsible for backfilling those funding and allocating that to local courts, which we saw back in October of 2022,” Gibson added.
In other news:
Madeline Fata reported on a “town hall” held by the state Public Service Commission about the new law giving it the final say on the siting of wind and solar facilities.
“There certainly were a lot of red flags raised (on interpreting the law),” Fata said, “but they’re not done. There’s another meeting on March 19 at 1:30 p.m. There’s a virtual link available. I think it’s great for members to participate on those. They’re also accepting public comment between now and March 25.”
Deena Bosworth reviewed her testimony before the House Local Government Committee on House Bill 5353, a measure to require legislators to consider the fiscal effects of their decisions in order to deter any new unfunded mandates on local governments.
“We’ve seen iterations of this bill in the past. Is there anything different in this bill that would kind of help it or hurt it or anything? As you know, we obviously haven’t seen much action in the past,” Bosworth noted.
View the full video of the episode, recorded on March 11, 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.
Local governments explain concerns on energy siting law to state panel
MPSC staff heard from local governments and planning professionals about their many concerns for implementing Public Act 233, which takes effect this November. Among concerns raised were the short timeline for local units to adopt compatible renewable energy ordinances; whether or not locals can include provisions for buffering or screening in their plans; and who enforces compliance after the permitting process is completed.
MAC vigorously opposed the legislation in 2023 that became PA 233.
While the MPSC did not specifically address these concerns, the session served as more of a learning opportunity for their team. MAC notes that the MPSC is an appointed body whose primary function is ratemaking; it has little experience in land use planning or zoning.
The next session is set for March 19 at 1:30 p.m. and is open to the public. We encourage members to tune in and learn more about the upcoming changes.
For more information on this issue, contact Madeline Fata at fata@micounties.org.
Bill to help curb sheriff staffing shortages advances to Senate
House Bill 5203, by Rep. Kelly Breen (D-Oakland), would allow county boards of commissioners to choose if retired county employees who work at a sheriff’s office can continue to receive retirement benefits during a period of re-employment.
By 94-12, HB 5203 was passed out of the House this week. It now moves to the Senate Local Government Committee.
Currently, if a person who has retired and receives retirement benefits becomes re-employed by the same county, their retirement benefit payment is suspended for the length of their re-employment. The bill would allow retirement benefits to continue during re-employment if a retiree becomes employed by a county sheriff’s office.
Allowing counties to re-employ sheriff’s office employees and maintain their retirement benefits will address the severe staffing shortages seen within county sheriff’s offices.
MAC supports this legislation.
For more information on this issue, contact Samantha Gibson at gibson@micounties.org.
Healthy Climate Conference will focus on ‘Accelerating Action’
With unprecedented climate investments from federal and state sources, recently passed legislation, and executive actions to help meet the goals in the MI Healthy Climate Plan (Plan), Michigan is positioned better than ever to achieve the main goal in the Plan of a healthy, prosperous, carbon-neutral Michigan for all residents by 2050.
To learn more, join the Michigan Department of Environment, Great Lakes, and Energy (EGLE) for the 2024 Michigan Healthy Climate Conference at the Lansing Center on May 16-17, 2024.
Building on these actions and the success of last year’s conference, the department is hosting this two-day conference to continue the mobilization of engaged stakeholders and review the actions being taken around the state to implement the goals in the Plan. This year’s conference is expected to draw more than 500 attendees from local, state, federal, and tribal governments, universities, nonprofits, community groups and businesses.
With the theme of this year’s conference being “Accelerating Action,” speakers will share about their success stories, challenges, funding opportunities, technical assistance, and other actions they are taking in the six priority areas of the Plan:
Click here to start your registration.