Intro webinar launches 2024 New Commissioner School

MAC Executive Director Stephan Currie welcomed nearly 100 newly elected and re-elected commissioners from both peninsulas on Thursday to the introductory webinar of the 2024 New Commissioner School, which MAC co-hosts with MSU Extension.

“We are the voice of counties in Lansing and beyond,” Currie noted in his remarks to attendees, emphasizing the resources MAC offers to members from advocacy to continuing education.

This training program, now in its sixth decade, blends on-demand digital learning pods with in-person sessions at convenient locations around the state.

Registration continues for the in-person sites in early December:

  • Dec. 2 – Bavarian Inn and Conference Center, One Covered Bridge Lane, Frankenmuth (registration closes Nov. 25)
  • Dec. 3 – BayPointe Inn, 11456 Marsh Rd., Shelbyville (registration closes Nov. 25)
  • Dec. 9 – Kirtland College, 4800 W. 4 Mile Rd., Grayling (registration closes Dec. 3)
  • Dec. 10 – Bay College Escanaba, 2001 N. Lincoln Rd., Escanaba (registration closes Dec. 3)

Participation in NCS also jumpstarts your credit totals in MAC’s County Commissioner Academy, our continuing education program. Those who complete NCS will earn a full 5 credit hours to CCA.

For more information on MAC’s educational programs, contact Communications Director Derek Melot at melot@micounties.org.

 

Septic code push resumes at Capitol

Stakeholders continue to vilify point-of-sale programs for the evaluation of septic tanks as new drafts of bills are circulated. The 10th iteration of the statewide septic code legislation can be found in the S-1 of Senate Bill 299; although significantly different from what was first introduced, it still contains the provision that all point-of-sale ordinances must be repealed.   

The Legislature and environmental community are eager to adopt a statewide septic code before the end of the year because Michigan is the only state without one and nearly all of Michigan waterways have tested positive for trace amounts of human fecal contamination. MAC is supportive of some elements of the legislation, including the implementation of best practices for the septic tank industry and any efforts by the state to create a database of tanks. 

In conversations between stakeholders, two schools of thought have emerged on addressing septic systems in Michigan:   

  • evaluations upon point-of-sale 
  • periodic evaluations 

MAC has been consistent about our support for the point-of-sale option. For many years, our policy platforms have included language supporting a county’s right to adopt a point-of-sale ordinance. Counties with these programs have exceptionally low failure rates as they’ve been able to capture more and more systems in need of repair over time. 

The Michigan Realtors Association has led the charge in opposing a point-of-sale program approach and prefers that evaluations of all septic systems in the state occur on a periodic basis. This would put the bulk of the responsibility of monitoring and enforcement on local health departments.

The opposition to the point-of-sale approach stems from the fear that real estate transactions will be delayed or fall through should there be a problem. Proponents of this approach believe that when homes are sold, the buyer should have assurance that the system is functional and safe. Additionally, point-of-sale is an ideal time financially to address these issues while large sums of money are being exchanged.

MAC is pleased to see the new bills allow the sunset for point-of-sale ordinances to go out 10 years (from the previous 1), and the time between evaluations has gone up to 10 years (from the previous 5). Newer drafts also include provisions for a longer phase-in period for the program.  

Still, this legislation is not ready. Any statewide septic code will mean major changes for homeowners, local governments, health departments and the state. Financial assurances for local governments to comply have not been secured, nor has the grant program for low-income households to fund any necessary repairs or replacements. MAC does not believe this legislation should be rushed through this year because it strips counties of the ability to regulate through point-of-sale ordinances and it places a financial burden on health departments and homeowners without a proper funding source.

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

 

County-opposed staffing bill avoids House vote

A bill to require minimum staffing levels as a mandatory subject of collective bargaining between a public employer and the representative of its employees was successfully removed from the House floor agenda this week due to MAC’s efforts.

House Bill 4688, by Rep. Jim Haadsma (D-Calhoun), would amend the Public Employment Relations Act (PERA) and specifies that “other terms and conditions of employment” would include minimum staffing levels within the bargaining unit and consider minimum staffing levels a condition of employment with respect to a bargaining representative’s collective bargaining responsibilities. The version voted onto the House floor included an amendment that would limit its application to only Public Act 312 employees, which was recently expanded to include corrections officers.

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

MAC opposes this legislation alongside the Michigan Municipal League and Michigan Townships Association. A letter of opposition was shared with all House members this week.

MAC strongly encourages members to contact their legislators and inform them of the detrimental effects of this bill.

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

 

Senate committee approves wrongful conviction legislation

Michigan’s Wrongful Imprisonment Compensation Act (WICA) offers a wrongfully incarcerated person $50,000 for each year they were in prison. Upon dismissal of charges, or a retrial finding the individual not guilty, the wrongfully incarcerated person can file a WICA claim.

Senate Bill 997, by Sen. Stephanie Chang (D-Wayne), requires a prosecutor to respond within 60 days to participate in a suit regarding a WICA claim. While MAC supports the goal of ensuring wrongfully incarcerated individuals are made whole by the government, requiring already severely understaffed prosecutor’s offices to respond to claims within 60 days exacerbates overwhelming workloads. SB 997 would also increase court costs, and as the largest funding source for trial courts, counties cannot be subject to increased costs. MAC is working to require state funding to alleviate this financial burden.

Senate Bill 1014, by Sen. Jeff Irwin (D-Washtenaw), requires the storage of DNA evidence for the duration of an individual’s sentence, so that it can be retrieved in the event of a WICA claim or overturn of conviction. While such DNA is crucial in substantiating a wrongfully incarcerated person’s innocence, requiring local courts to store and retain the DNA for decades poses increased storage and labor costs.

MAC is working with bill sponsors to alleviate the unfunded mandates posed by SBs 997 and 1014. The bills await a vote on the Senate floor.

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

 

House committee approves state participation in federal emergency transport reimbursement program

A bill to require Michigan to participate in a federal medical transport program advanced to the House floor this week.

House Bill 5695, by Rep. Mike McFall (D-Oakland), requires the Michigan Department of Health and Human Services (MDHHS) to participate in the federal GEMT reimbursement program. MAC supports HB 5695.

The U.S. Centers for Medicare and Medicaid Services (CMS) oversees the Ground Emergency Medical Transportation (GEMT) program. GEMT provides funding and support to eligible health care providers through state agencies, aiming to ensure that individuals without reliable transportation can access emergency medical care. This program improves access to emergency services for Medicaid beneficiaries, bridging the gap between patients and health care facilities and facilitating timely care during emergencies.

While Michigan doesn’t currently participate in the program, our state has the eighth-highest number of Medicaid enrollees in the nation. Local emergency services and ambulance providers are not fully reimbursed by Medicaid to cover the costs of medical transportation for this significant segment of our communities. The GEMT initiative in Michigan seeks to address health disparities, promote health equity, and reimburse local agencies and emergency services providers for serving vulnerable populations.

A $500,000 appropriation was secured in the FY25 state budget to assist MDHHS in starting up GEMT in Michigan.

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

 

State guidance on Materials Management Planning remains murky

The Department of Environment, Great Lakes and Energy (EGLE) has provided additional direction for counties moving forward in the Materials Management Planning process. Last week, MAC delivered an update on the status of the planning process and addressed concerns voiced by counties. MAC has since met with EGLE and other stakeholders to discuss these matters further.

EGLE indicated they have no intention of providing additional guidance on Work Programs and that following the language in subsection R 299.4704-4705 of the rules for Part 115 (see page 108) is the best way for a county to craft a Work Program. The idea is that the programs be higher level and less prescriptive. Some counties have already submitted Work Programs, so MAC asked EGLE to take one they find sufficient, strip it down and offer it as a template. The department has not agreed to do so.

For counties struggling to meet deadlines, EGLE again assured MAC that extensions will be granted. MAC was advised that any county seeking an extension should just contact the Materials Management Planning team at EGLE-MMP@Michigan.gov.

Lastly, the funding element remains uncertain. EGLE said securing the money for the grant is their top priority for the short term. As you know, counties are eligible for grant dollars once their Work Programs have been approved; however, the fund is currently empty.

MAC has requested an additional meeting with a smaller group of stakeholders to focus solely on planning and helping communities meet their needs as soon as possible. We will keep readers informed of any updates as they become available.

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

 

Podcast 83 reviews new House leadership in Lansing for 2025

Who will lead the Michigan House of Representatives was the focus of the newest episode of Podcast 83 this week.

With Republicans taking control with an apparent 58-52 majority in the House in 2025, Rep. Matt Hall (R-Kalamazoo) was chosen as the new speaker by the GOP Caucus last week. On the Democratic side, current Speaker Joe Tate (D-Wayne) is stepping out of leadership and Rep. Ranjeev Puri (D-Wayne) will be minority leader in 2025, MAC’s Deena Bosworth explained to Podcast 83 host Stephan Currie.

“What this means is the Republicans in the House and the Democrats in the Senate (which will start 2025 with a 19-18 edge in the 38-member chamber) are going to have to agree on some things if they plan on getting anything done,” Bosworth said.

Selection of new committee chairs in the House will occur in coming weeks, Bosworth added, likely finalizing in early January.

For the rest of the 2024 calendar, Madeline Fata said, “We were thinking nine or 12 (legislative) days. But the Senate has already knocked that down to eight or 11 days for themselves.”

Bosworth, however, said a “robust” lame-duck session is still in the offing, based on the number of major bills still in play and Gov. Gretchen Whitmer’s ongoing pursuit of major economic development policy changes.

To conclude the episode, Currie reported that Michigan will have at least 135 new county commissioners in 2025, a turnover rate consistent with the historical pattern.

Those newbies, plus their colleagues, Currie noted, are urged to participate in MAC’s New Commissioner School, co-hosted with MSU Extension. County leaders should register soon by using this link.

To view the full episode, recorded on Nov. 12, click here.

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

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

 

Election means divided government in Lansing in 2025

The Michigan House of Representatives has experienced a power shift following this week’s election, with Republicans winning enough seats to take control in the upcoming legislative session. Moving from a narrow Democratic majority of 56-54 to a Republican majority of 58-52.

The shift in control brings changes to the leadership structure in the House. Matt Hall (R-Kalamazoo), the current minority leader, will assume the role of speaker of the House, while Rep. Brian Posthumus (R-Kent) will serve as floor leader. On the Democratic side, outgoing House Speaker Joe Tate has opted not to pursue the minority leadership position; instead, Rep. Ranjeev Puri (D-Wayne) has been elected to lead the Democratic caucus, with Rep. John Fitzgerald (D-Kent) as minority floor leader.

As the current Democratic-led government maintains control of both legislative chambers and the governor’s office for the remainder of the year, the stage is set for a robust lame-duck session. With a Republican-controlled House on the horizon, Democrats are expected to prioritize action on such issues as labor laws and environmental policy that may face greater challenges under the new Republican leadership in 2025.

On the Senate side in Lansing, the election of state Sen. Kristen McDonald-Rivet (D-Bay) to a congressional seat will create a vacancy and narrow the Democratic majority to one (19-18) until a special election can be held to fill her Senate seat. This could potentially complicate efforts to pass certain legislative goals that rely on complete party alignment.

This transition promises a dynamic new legislative term as Michigan’s leaders prepare to navigate the challenges of divided government.

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

 

MAC review finds 22 percent turnover in commissioner ranks

There will be at least 135 new faces on county boards of commissioners in Michigan, thanks to the decisions of voters in the Nov. 5 election.

A MAC review of unofficial results from the General Election shows 460 Republicans, 143 Democrats and 12 individuals without partisan affiliation were elected or re-elected. Four seats remain to be filled – one each in Alpena, Iron, Luce and Oscoda.

“The turnover rate of about 22 percent is consistent with prior election cycles,” said MAC Executive Director Stephan Currie. “We are excited to begin work with our new members, and we hope to see them at our upcoming New Commissioner School sessions.” (See item below about registration.)

The commissioners entering their new term for 2025 will be the first in Michigan to serve four years, a result of MAC’s successful campaign in 2021 to extend terms from the two-year limitation that had been in place since 1968.

 

Counties score well with voters on millage requests

Voters across Michigan approved nearly 90 percent of the county millage requests placed before them on the Nov. 5 ballot.

Forty-one of the 46 requests were favored to either renew or expand efforts in areas ranging from public safety and senior services to constructing a new community pool in Bay County.

Click here to see county-by-county results.

“The Nov. 5 election continues a pattern evident since the end of the Great Recession a decade ago in which counties all over the state have sought voter approval to maintain and improve the quality-of-life services counties provide, and the voters have approved,” said Eric Lupher, president of the Citizens Research Council of Michigan. “More than 90 percent of counties will be levying higher property tax rates in 2025 than they were in 2010,” he added. (See more of CRC’s analysis of this trend on page 14 of the February 2022 edition of Michigan Counties magazine.)

MAC appreciates the assistance of the Gongwer News Service in compiling this data.

 

MAC working with state to address materials management issues

In recent weeks, MAC has received member concerns about the Materials Management Planning process. At the same time, the Department of Environment, Great Lakes and Energy (EGLE) has set up meetings with stakeholders to discuss potential cleanup language for the statute.

It seems that both the department and participating counties have simultaneously encountered bumps in the road during these initial steps in the process. MAC has had many discussions behind the scenes with both EGLE and other stakeholders, so we felt it was necessary to share some updates.

The deadline to file a Notice of Intent with EGLE was July 6, 2024. Counties then have 180 days, or until Jan. 2, 2025, to do all of the following:

  • Appoint a Designated Planning Agency (DPA)
  • Appoint a Materials Management Planning Committee (MMPC)
  • DPA drafts a Work Program
  • MMPC approves Work Program
  • Work Program is submitted to EGLE
  • EGLE approves the Work Program

A county is eligible for grant funding once all of the above tasks have been completed. However, EGLE has yet to share with counties the guidelines for creating a Work Program. MAC has been told extensions may be granted, but that is not explicitly written in the law.

Additionally, MAC has been made aware that some counties are struggling to fill the 11 spots required for the MMPC. There is currently no mechanism for reducing the size of an MMPC or formally requesting an extension to fill those seats.

MAC is pursuing solutions to these problems, among other things, both in large workgroup settings and in private conversations with the department. The next stakeholder meeting is Nov. 8.

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

 

Michigan counties join Operation Green Light efforts

Counties across Michigan are showing their support for America’s veterans via Operation Green Light, a campaign by the National Association of Counties. MAC is aware of participation in: Chippewa (photo at left), St. Joseph (center photo), Genesee (photo at right), Oakland, Wexford, Midland, Lenawee and Kent. (Click here for a video on Kent’s activities.)

Operation Green Light shows support for veterans by lighting buildings green from Nov. 4-11, 2024, to let veterans know that they are seen, appreciated and supported.

 

MAC offices to close for Veterans Day

MAC’s Lansing offices will be closed on Monday, Nov. 11 to observe Veterans Day in honor of those who served, including the nearly 500,000 veterans who now call Michigan home.

Veterans Day, formerly known as Armistice Day, was originally set as a U.S. legal holiday to honor the end of World War I, which officially took place on Nov. 11, 1918. In 1938, through an act of Congress, Nov. 11 was made a legal holiday. In 1954, at the urging of the veterans service organizations, the 83rd U.S. Congress amended the Act of 1938 by striking out the word “Armistice” and inserting the word “Veterans.” On June 1, 1954, November 11th became a day to honor American veterans of all wars.

MAC offices will resume normal hours on Tuesday, Nov. 12 at 8 a.m.

 

Podcast 83: Fielding your questions on commissioner pay, chair terms

In a wide-ranging episode recorded the day before the historic 2024 General Election, MAC’s Podcast 83 team addressed questions related to commissioner pay and board elections and reviewed a new MAC advocacy initiative for 2025.

In the wake of MAC’s success in getting four-year commissioner terms adopted for this cycle, MAC has been fielding questions on two themes:

  • What will change about how commissioner pay is set?
  • What will be different about how boards elect chairs and vice chairs?

On pay, Deena Bosworth reported, “We consulted legal counsel and had them do some work on it. And the response was, compensation for county commissioners has to be determined prior to the start of the new term. So now that they have four-year terms, they have to adopt their compensation prior to the end of this year, so prior to Dec. 31 2024, so that they know what their compensation is for this next term.

“They can’t change their compensation or, you know, vote on new compensation in January after they take office, so whoever is on the board now needs to determine what that compensation level is going to be going forward for the next term.”

On chairs and vice chairs, Bosworth explained, “The legislation that was adopted creating four-year terms for county commissioners … was done as a certain section of law. The other (relevant) sections of law have not been amended. So, what that means is, just as your process is now, you have to vote for a chair for a two-year term, unless your board has a resolution where you adopt a chair for a one-year cycle, and then one year cycle for your vice chair. So that, again, has not changed. … So even if you’re there for four years, that chairmanship is still only a two-year term, or one-year depending on your particular board rules.”

In the second half of the episode, Samantha Gibson reviewed MAC’s “CountiesUnited” campaign to launch in 2025 and which was teased at the 2024 Annual Conference in September.

“What we’re looking to provide for you all is not only an opportunity to shape and advance public policy in Lansing that is to the benefit of county government, but also give you some cool personal benefits that you can enjoy,” Gibson said. “You’ll get political updates from MAC’s Governmental Affairs team. … You know, pollsters, political pundits, really cool, interesting stuff that you know, maybe it’s a little inside baseball, but if you’re nerdy and you’re policy wonks like we are, you might get interested in the politics behind all things.

Gibson noted other benefits, keyed to new membership tiers for donating to MAC’s political affairs, will include special merchandise and invites to MAC events for key legislators (the “County Caucus”).

And listen all the way to the end of the episode to get answers on two burning questions:

  1. Who is the longest-serving county commissioner in Michigan?
  2. What color were Steve Currie’s socks on Monday, Nov. 4?

Click here to view the episode, recorded on Nov. 4.

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

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

 

Registration is open for 2025 NACo Legislative Conference in D.C.

The NACo Legislative Conference brings together nearly 2,000 elected and appointed county officials to focus on federal policy issues that impact counties and our residents.

Attendees have the opportunity to engage in second-to-none policy sessions, interact with officials of the new Administration and meet with members of Congress. This is a one-of-a-kind advocacy opportunity to strengthen our intergovernmental partnerships for years to come.

Access our registration portal here to register for the conference, which runs March 1-4, 2025.

For questions or assistance with registration contact us via email or phone at 202-942-4292 or nacomeetings@naco.org and indicate “Leg Conference 2025” in the subject line.

Until Jan. 10, 2025, registration is as low as $530.

Hotels for the event are:

Washington Hilton
1919 Connecticut Ave. NW, Washington, DC 20009  
Room Rate: $275 single/double occupancy
The Churchill
1914 Connecticut Ave. NW, Washington, DC 20009 
Room Rate: $270 single/double occupancy

 

NACo releases opioid settlement ‘quick guide’ on monitoring spending

The National Association of Counties, in partnership with Johns Hopkins Bloomberg School of Public Health, released The Principles Quick Guide to Monitoring Opioid Settlement Spending. This quick guide is one of many released to assist local governments in implementing The Principle for Use of Funds From the Opioid Litigation, national guidance around the use of funds.

The guide points to how counties can maximize the impact of opioid settlement funds through a structured five-step process. First, they should establish a strategic plan based on recent needs assessments, outlining specific objectives that ensure new resources enhance existing efforts. Next, counties should match priorities with funding opportunities, aligning available sources with key interventions and care components in various settings, such as schools, jails and hospitals.

Once priorities are set, it is essential to select activities to fund, focusing on evidence-based and promising practices. The fourth step is to monitor the success of funded activities by establishing clear indicators and communicating data requirements to partners for accountability. Finally, counties should regularly evaluate community needs and program outputs, allowing for adjustments to strategies and budgets as necessary.

The guidance document also outlines how to use Opioid Settlement Principles Resource and Indicators (OSPRI) tool to determine the best indicators for the programs or activities counties choose to fund.

For more information or for assistance utilizing The Principles for Use of Funds From the Opioid Litigation in your county, contact Amy Dolinky at dolinky@micounties.org.

 

Court reporter fee increase legislation gets hearing in Senate

A bill to increase court reporter and recorder fees received a hearing this week in the Senate Civil Rights, Judiciary and Public Safety Committee.

Amendments made to House Bill 5046 in 2023 to address concerns about “double dipping” with county-employed court reporters or recorders producing transcripts have shifted MAC from opposition to support of the legislation.

Sponsored by Rep. Nate Shannon (D-Macomb), the bill would increase the amount a court reporter or recorder would receive from $1.75 to $3.75 per page on an original transcript, and 90 cents per page for each copy.

The amendments include updates to what the county and court reporters or recorders shall provide in the capture and production of transcripts, and the prioritization of court-funded transcripts and transcripts produced on county time.

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

 

ICYMI: Pundits discuss prospects for Michigan House elections

In a recent Podcast 83 episode, Adrian Hemond of Grassroots Midwest and John Selleck of Harbor Strategic handicap what appears to be a historically close 2024 General Election in Michigan. Hemond and Selleck focused on some key state House races, the open U.S. Senate seat and a few U.S. House races, delving in to what potential outcomes could mean for Michigan.

Hemond gave an overview of what he believes are the five most crucial state House races in November, commenting, “From my perspective, both sides have got plenty of seats that are in play this time.”

With a two-seat Democratic House Majority, Selleck added, “It’s an uphill battle for Democrats, and frankly the place we could end up that we have now started talking about is 55-55 (in the Michigan House).”

Click here to view the episode, recorded on Oct. 21.

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

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

 

Treasury seeks feedback on accounting, auditing documents

The Michigan Department of Treasury guides local governments on accounting and auditing through Numbered Letters and Michigan Committee on Governmental Accounting and Auditing (MCGAA) Statements. To keep this information relevant, we are updating and removing documents from 1993 to the present, aiming to refresh 20% of these publications annually. This process will include formatting updates and verifying all web links, with some documents potentially needing significant revisions or removal. The Local Audit and Finance Division is currently inviting public comments on selected Numbered Letters, which can now be submitted in writing until Dec. 2, 2024.

You can find the selected Numbered Letters Exposure Drafts for Public Comment below:

Comments may be submitted by email to LAFD_Audits@michigan.gov with the subject line entitled, “Numbered Letters Exposure Draft.”

Alternatively, responses may also be submitted via U.S Postal Service to:

Michigan Department of Treasury
Local Audit and Finance Division
PO Box 30728
Lansing, MI 48909-8228

Deadline for written comments: Dec. 2, 2024

For questions, call Treasury at 517-335-7469.

 

State’s final rules on energy siting raise host of questions

The Michigan Public Service Commission’s (MPSC) final rules for implementing the new law on renewable energy siting generally favor solar and wind developers over local governments and are particularly unsympathetic toward counties. MAC recently reported on the release of the formal application instructions and procedures following a lengthy stakeholder engagement process and multiple rounds of public comment. The final product is substantially different from both the law and initial MPSC recommendations.  

Defining ‘Affected Local Unit’

Public Act 233 defines an “affected local unit (ALU)” as “a unit of local government in which all or part of a proposed energy facility will be located.” Meaning, if a facility lies in a township, then a county is also an affected local unit. The law goes on to say that if a project is sited by the MPSC a developer “shall enter into a host community agreement with each affected local unit.” Additionally, a developer “shall make a one-time grant to each affected local unit for an amount determined by the commission but not more than $75,000 per affected local unit and not more than $150,000 in total,” to be deposited into an intervenor compensation fund.

The MPSC rules, however, define an ALU as “limited to include only those local units of government that exercise zoning jurisdiction.” This means that if a county is not responsible for zoning, they are ineligible for the $2,000 per megawatt community host agreement dollars and intervenor funds. In April, MAC submitted public comment to the MPSC arguing that all counties “will be impacted by the presence of a renewable energy facility: county resources will be utilized, infrastructure will be altered, acres will be occupied, constituents will voice their concerns, master plans will be re-examined, etc. It is critical that all levels of government are recognized when administering PA 233.” Ultimately, the MPSC prioritized the wants of developers in this section.

Compatible Renewable Energy Ordinance (CREO)

In the rules, the MPSC establishes that it will not resolve disputes over what is and what is not a CREO. If an ALU claims to have a CREO but includes any provisions not explicitly outlined in section 226(8) of the PA 233, a developer can file a complaint with an “administrative law judge pursuant to the Commission’s rules of practice and procedure.” The ALU will then be ineligible for the community host agreement dollars and intervenor funds, in addition to losing CREO status. The rules make no mention of a path toward regaining CREO status, which was previously included in staff recommendations.

Should an ALU adopt a “workable ordinance” rather than a CREO, and a developer decides they would prefer to go through the MPSC process, the ALU is then still eligible for community host agreement dollars and intervenor funds.

What’s next?

The vast discrepancies between the rules and statute will undoubtedly result in litigation. The new law takes effect on Nov. 29 and MAC anticipates several lawsuits, both before and after that date. In fact, Foster Swift and Cato Township have already initiated a class action lawsuit against the MPSC. If a municipality is interested in joining the suit, Foster Swift has encouraged them to contact their office prior to Nov. 8.

MAC will continue to provide updates as they become available.

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

 

Podcast 83: Contest for Michigan House is tight, pundits say

With the General Election rapidly approaching, Podcast 83 invited Adrian Hemond of Grassroots Midwest and John Selleck of Harbor Strategic to provide insight into the contests. Hemond and Selleck focused on some key state House races, the open U.S. Senate seat and a few U.S. House races, delving in to what potential outcomes could mean for Michigan.

Hemond gave an overview of what he believes are the five most crucial Michigan House races in November, commenting, “From my perspective, both sides have plenty of seats that are in play this time.”

With the two-seat Democratic majority in the House, Selleck noted, “It’s an uphill battle for Democrats, and frankly the place we could end up that we have now started talking about is 55-55 (in the Michigan House).”

To view the full episode, recorded on Oct. 21, click here.

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

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

 

Flooding in Midland County in 2020.

FEMA seeks proposals to reduce threats of natural hazards

The Federal Emergency Management Agency (FEMA) is seeking project proposals for eligible hazard mitigation activities. Building Resilient Infrastructure in Communities (BRIC) and Flood Mitigation Assistance (FMA) are FEMA grant programs that provide funding for projects that aim to “reduce or eliminate future property damages and loss of life from natural hazards, such as flood, tornadoes, and storms.”

Local governments must provide a Notice of Intent (NOI) to the Michigan State Police, Emergency Management and Homeland Security Division (MSP/EMHSD) before Nov.24, 2024. The MSP/EMHSD will then review the NOIs and invite potential sub-applicants to formally apply for grant funding through FEMA.

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

 

Treasury seeks feedback on pension grant reporting

The Michigan Department of Treasury is assisting the Municipal Stability Board (the Board) to solicit feedback on the proposed Corrective Action Plan Monitoring Form for Protecting MI Pension Grant recipients.

Per Public Act 166 of 2022, Section 979a, local governments receiving grants must be monitored by the Board for five years.

At the Sept. 18, 2024, meeting, the Board approved the draft monitoring form for public comment. This form, which outlines oversight for pension fund management, can be viewed with other Board documents at https://www.michigan.gov/MSB.

The Draft Form may be reviewed here:

Protecting MI Pension Grant Corrective Action Plan Monitoring: Application for Certification of Compliance

Any individual or organization that would like to submit comments should provide those comments in writing by Nov. 1, 2024.

Comments may be submitted by email to: LocalRetirementReporting@michigan.gov with the subject line titled, “Pension Grant Corrective Action Plan Monitoring Form Public Comment: 2024.”

 

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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