Legislative Update 10-18-24

Podcast 83: Statewide Septic Code Legislation

With legislative activity in Lansing still on a slow simmer, Health Officer with the Health Department of Northwest Michigan, Dan Thorell, talked with host Deena Bosworth and MAC’s Madeline Fata on the proposed statewide septic code legislation. In this new episode, Dan gives background on the legislation and discusses what House Bills 4479 and 4480, as well as Senate Bills 299 and 300, could mean for Michigan residents if passed during lame duck.

This legislation was introduced in the spring of 2023 and workgroups began in the fall of 2023, with many groups having concerns on the legislation. “The biggest issue we were confronting was really the evaluation component of inspecting existing systems, after they have already been installed, after they have been used for some time”, Dan said. “We’re using the number 1.4 million, and that number has been used for 15 years, but we have obviously installed more septic systems in that time.”

Dan provides some more background information on the evaluation component, as well as, some other concerns that were brought up in during workgroups and talks about the changes that have been made in the legislation to alleviate those concerns.

UM institute releases ordinance template for renewable energy siting

A template ordinance for renewable energy facilities has been released by the University of Michigan. The Graham Sustainability Institute team, led by Dr. Sarah Mills, has created a sample Compatible Renewable Energy Ordinance (CREO) as well as guidance on “Workable” Renewable Energy Ordinances.

Mills has presented information on this topic in recent months via the MAC Legislative Conference, Podcast 83 and the June edition of Michigan Counties.

As many of you know, the new law for siting large-scale wind and solar projects takes effect in November. Each local unit of government with zoning authority must choose one of three paths forward:

  1. No ordinance: Do not adopt an ordinance and allow the Michigan Public Service Commission (MPSC) to site for all large-scale renewable energy projects.
  2. CREO: Adopt an ordinance that matches the standards outlined in the law exactly.
  3. Workable ordinance: Adopt an ordinance that deviates from state standards but is reasonable enough that a developer would want to work directly with the local unit of government rather than going through the MPSC.

MAC recommends that each local unit of government consults with legal counsel before determining its path; what is right for one community may not be so for another. Thankfully, U of M has provided resources on each option.

The MPSC has yet to share its final rules on implementing the new law so these documents may evolve with time but considering the approaching effective date, reviewing these materials now can help guide the planning process moving forward.

For questions on MAC’s advocacy on this issue, contact Madeline Fata at fata@micounties.org.

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