Legislative Update 10-11-24

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

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

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

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

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

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

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

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

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

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

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

Legislation seeks to increase penalties to individuals who defraud Michigan homeowners

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

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

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

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

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