A LEGISLATIVE UPDATE FOR TOWNSHIP OFFICIALS JULY/AUGUST 2020

Township officials: Urge legislators to oppose sand and gravel bills

TA is asking township officials to continue conversations with their state representative and senator on sand and gravel mining legislation, Senate Bill 431 Mand the recently introduced House Bill 5979. Your conversations with state legislators, sharing the impact the • change the process for a zoning decision challenged in court by elimination of local zoning and oversight authority the bills will have on eliminating the consideration of any prior judicial proceedings or your community—regardless of where the operation would be located review of the zoning ordinance/decision or its impact to nearby residents, businesses, schools or others—are A substitute for SB 431 has been proposed, but it does not provide extremely beneficial. any substantive change for local governments, it does not remove or The bills are an attack on a local government’s ability to plan and alleviate our concerns—nor did the discussions on the substitute involve zone for sand and gravel operations, virtually eliminating a township’s any organization representing local government. authority for sand and gravel mining operations—creating a one-size- MTA encourages members to continue to talk with their fits-all process. legislators urging opposition to SB 431 and HB 5979. While discussions are ongoing, the bills currently: MTA greatly appreciates the outreach of township officials who • remove your township’s authority to approve, deny or request have contacted their state legislators urging opposition to the bills and changes to an application or special land use permit—regardless to those who provided the Association copies of their ordinances. If of zoned location (residential, industrial, agricultural, commercial) your township has sand and gravel mining ordinances and you have • eliminate your local oversight over mining operations not previously forwarded to MTA, please email them to legislation@ • remove the ability to regulate truck loading hours, blasting hours, michigantownships.org. noise levels (decibel level proposed exceeds EPA standards) and dust based on proximity of mining operation to residences/ in this issue

businesses 2 Multiple bills propose changes to • eliminate any local approval of truck/haul routes • prohibit reasonable requirements for setbacks and stockpiling— election administration allowing stockpiles of 70 feet and the operation of crushing 3 Share your input on MTA’s legislative policy platform equipment 300 feet from a residence • eliminate the ability for a township to conduct an annual review Major changes proposed to solid waste management to address any problems • reduce financial assurance reclamation to a level that is insufficient 4 Bills would assist local governments with to cover costs to close mining operations and restore property— stormwater and sewer backup issues maximum of $3,000—regardless of the size of mining operation Bill would allow special assessments for internet service Required AVCBs—Absent voter counting boards (AVCB) would be required under HB 5123, sponsored by Rep. Bollin, for communities with two or more precincts, with an exception for those communities with two precincts and less than 6,000 registered voters. The legislation is intended to move the tabulation of AV ballots from the precincts to AVCBs to avoid the appearance that the tabulator is being “stuffed” by election workers. MTA worked with the bill sponsor to increase the threshold and to allow an exception for those local units with two precincts but less than 6,000 registered voters. HB 5123 is pending before the House Ways and Means Committee. AVCB election inspectors—Election inspectors could work in shifts for AVCB tabulating ballots under Senate Bill 756, sponsored by Sen. Ruth Johnson (R-Holly Twp.). The measure is intended to assist clerks and election workers in processing large volumes of AV ballots. SB 756 specifies that once tallying has begun, no election Multiple bills propose changes to worker could leave an AVCB until after the polls close, and one election inspector from each political party must always be present election administration during the process. The House Elections and Ethics Committee removed language that would have limited the option to only everal bills impacting elections administration—from polling those local units with 10,000 or more active registered voters. The locations and precinct sizes to absent voter county boards and bill would now permit all communities to utilize this process and Spermanent absent voter (AV) lists—are being considered by the schedule election inspectors appointed to an AVCB to work in shifts Legislature. on Election Day. The bill is also pending before the House Ways and Polling locations—In an effort to assist clerks, polling place Means Committee. locations would be expanded under House Bill 5031, sponsored AV pre-processing—SB 757, also introduced by Sen. Johnson, by Rep. (R-Brighton Chtr. Twp.). Currently, polling would allow clerks in local units over 25,000 in population to begin places are generally held in public buildings and in some cases, pre-processing activities of AV ballots from 10 a.m. to 8 p.m. on buildings owned by tax-exempt organizations if public buildings the Monday prior to an election. This would provide authorization are not available or convenient. However, many local clerks have to open AV ballot return envelopes and place returned ballots into a had difficulty finding appropriate polling places as school districts secrecy envelope (if the voter failed to do so). It would not authorize have curtailed the use of school buildings for voting in recent years. removal of the ballot from the secrecy envelope for counting before Under HB 5031, if a location currently allowed were not reasonably Election Day or allow the removal of ballot stubs. Procedures available, any privately owned clubhouse or conference center located for absent voter ballot secrecy envelope containers would also be within an apartment or condo complex, hotel or motel conference established under the bill. center, or recreation clubhouse—such as a golf club or park complex The in-person deadline for voters to receive a new ballot if they clubhouse—could be designated as a polling place. The bill would spoil their absentee ballot would also change. The current deadline prohibit the use of a privately owned building if the owner is a of 4 p.m. the day before an election would move to 10 a.m. the day sponsor of a political committee or independent committee. The bill before the election to correspond with the early pre-processing of AV is currently before the House Ways and Means Committee. ballots. Provisions would require notification to the secretary of state Permanent AV list and increased precinct size—HB 5032, also (SOS) 40 days before the election, require the SOS to post a notice introduced by Rep. Bollin, would require township and city clerks to received from a city or township clerk on the Department of State’s maintain a permanent AV application list, allowing voters to request website, and require a clerk to post a notice on the local government’s their name be placed on the list. Currently, the use of a permanent website. The bill is currently before the full Senate. AV application list is optional, and if a local unit does not maintain a list, a voter must request an application for an AV ballot before each election. Under the legislation, voters could request they be placed on a permanent list in person, by fax, email or mail, and the information would be entered into the Qualified Voter File (QVF). Local clerks would be required to automatically mail voters on the AV list an Township Insights, MTA’s weekly e-newsletter, application before each election. If a voter moved, the request would offers timely information and updates about legislative automatically transfer to the new municipality. happenings, as well as news, programs and resources Additionally, HB 5032 would increase the number of electors allowed per precinct from the current maximum of 2,999 to that can help you better serve your community. Look 5,000 beginning in 2022. The bill would also allow precincts to be for the latest on what’s happening in Lansing, grant consolidated for any election except a November general election¬— opportunities—and more! if the change would not exceed 5,000 and would not change the polling place for the precinct. The bill is currently before the House Not receiving Township Insights in your email? Contact Ways and Means Committee. [email protected].

2 JULY/AUGUST 2020 | township voice www.michigantownships.org

The state’s reliance on heavily disposing of waste into landfills 2020-21 MTA Board-approved legislation policy platform for decades ranks with one of the worst state recycling Share your The following legislative policy platform was approved by the MTA Board of Directors to guide the Association’s legislative efforts for 2020-21. In the absence of an MTA Annual Meeting, an MTA-member briefing providing an opportunity for questions and answers, and a review of the platform will be held virtually. rates in the country—at only 15%, lagging behind all other Great Vision Statement input on The Michigan Townships Association envisions a • Oppose expansion of property tax exemptions and support the state assuming administration and funding Lakes states. To combat this problem, former Gov. Rick Snyder 21st Century Michigan where: of disabled veteran’s property tax exemption • Townships have statutory authority and state financial support sufficient to provide high quality services and • Clarify property tax exemption eligibility for nonprofit infrastructure consistent with community needs and charitable institutions proposed a recycling initiative in 2014, with an initial goal of doubling expectations, and to enable full compliance with ever- • Raise the current charter township 10-mill tax MTA’s 2021 expanding state-imposed mandates without cutting limitation to allow charter townships, with voter local spending priorities approval, to address legacy costs, meet demands • Elections are accurate, fair and a high percentage of for expanding services, and offset millage rollback Michigan’s recycling rate and eventually to triple the recycling rate. registered voters participate requirements • Townships are valued and respected for solving local • Recodify Michigan township statutes to include and regional challenges through visionary, ethical clarification that assessors are accountable to the The current legislation incorporates ways to view waste as a resource. legislative leadership and collaboration township board when the supervisor is not certified to • Natural resources are developed from townships in perform assessing functions a manner consistent with township regulations that • Increase the specific tax on mobile homes located in protect public safety and property values licensed parks and levy on park owner rather than This would be done through materials management planning such as • There is clarity of roles and responsibilities among individual occupied dwelling owners township officials essential for efficient and effective • Exempt minimal personal property tax obligations policy platform services to the public resulting from minor property improvements on mobile recycling, but also by composting organic waste into material that can • Townships retain authority to protect and regulate the home lots such as small decks, stairs and porches public rights-of-way and other land uses in the interest of the public Elections MTA is committed • State laws recognize that township officials are elected be added to soil, as well as anaerobic digesters to break down food by and accountable to their residents for the township’s The Michigan Townships Association supports fair, governance, financial position, programs and services transparent and efficient elections administered by township consistent with community values officials that encourage high voter participation and to speaking on Assessment and Taxation procedures appropriate to varying community resources and waste into energy. population densities. The Michigan Townships Association supports property tax As lawmakers and regulators enact changes to current fairness, equity, and efficient assessment and collection by election laws, the Michigan Townships Association supports HB 5817 addresses the materials management planning process behalf of its public servants who are accountable to township officials to the following objectives: ensure public trust and locally accessible information and • Preserve authority of townships to convey information assistance. Valuation should be based on sound assessing on ballot proposals to their residents principles. Local governments should be reimbursed by the • Preserve the authority of townships to place millage and and would require all 83 counties to develop materials management state for property tax revenues lost due to statutory exemptions. bond proposals before voters at any election members. This State government should provide local governments with • Permit the option for non-partisan township offices to education and technical support to develop and defend their be approved by the township board and the electors assessment rolls. plans (MMP)—rather than solid waste plans—by dates yet to be As lawmakers and regulators enact changes to current Environment and Land Use is evident in the tax laws and local government requirements, the Michigan Townships Association supports the following objectives: The Michigan Townships Association supports state laws finalized. Under the bill, counties would have three years to develop • Valuation of big box stores should be determined using that enable townships to efficiently and effectively plan the same assessing methodology as other commercial for land uses and adopt zoning ordinances to protect the properties and prohibit the consideration of private public health, safety and general welfare. State and federal development of our regulations should not impede local government growth and plans, which would require approval by townships and cities within deed restrictions or covenants imposed to reduce the value of the property or exclude competitors of the development policies and objectives. Further, preemption of grantor from the market local land use authority should be limited to issues of great statewide impact and any resulting adverse local impacts the planning area. Thus, a majority of local units in a planning area policy platform. should be mitigated by the state or federal government. The legislative would have to agree that a recycling or composting facility should be located in a jurisdiction within the county. While the materials policy objectives guide MTA’s government management planning process would be similar to how plans were relations and are reviewed and updated annually to established in the past, they would now ensure that facilities, such reflect emerging issues and goals. MTA members as recycling and composting, were developed to process materials are encouraged to review MTA’s Board-approved 2020 within a particular county. For a facility to be sited, it would have to comply with local zoning, meet the requirements of a county’s MMP, Policy Platform and share any proposed revisions and or go through a plan amendment process. The state Department of suggested additions by Nov. 10. Member proposed Environment, Great Lakes and Energy would provide regulatory policy changes will be reviewed by MTA committees oversight. for word selection and legality, and to ensure they Funding under the 2018 Renew Michigan Initiative exists for conform with the Association’s overall goals and state oversight, and grants to counties for plan development and to local units for such things as recycling infrastructure and education. objectives. The proposed policies will be presented at With funding in place, state policy needs to be updated and enacted the 2021 MTA Annual Meeting in conjunction with to release the approved funding for its intended purposes. With our Annual Education Conference & Expo. Contact greater state oversight of all materials management facilities, including the MTA Government Relations Department at composting operations, locals should require fewer resources to manage these facilities. 517.321.6467 or [email protected] The legislation also includes state oversight of composting and with questions, comments or suggestions. recycling facilities. On numerous occasions, townships have had to litigate “bad actors”—especially with composting operations. Under the legislation, not only will state funding provide the necessary staff Major changes proposed to solid waste to approve and regulate composting facilities, but financial assurance will also be required for all permitted facilities. management Benchmark recycling standards would be established as well, specifying that by Jan. 1, 2025, at least 90% of single-family dwellings in urbanized areas (as identified by the federal census) have access fter more than five years of review and multiple stakeholder to curbside recycling, and at least 90% of single-family dwellings in engagement, a bipartisan package of six bills that would municipalities with more than 5,000 residents have access to curbside Aoverhaul Michigan’s solid waste laws is working its way recycling by Jan. 1, 2028. The recycling standard also establishes through the legislative process. criteria that rural areas provide drop-off locations for residents House Bills 5812, 5813, 5814, 5815, 5816 and 5817 were without curbside recycling by Jan. 1, 2031, and the eligibility of introduced by Reps. Gary Howell (R-North Branch), Bill Sowerby several grant programs, including a recycling access and voluntary (D-Clinton Chtr. Twp.), (D-Ann Arbor), Jack participation program. MTA worked to extend each of the deadlines O’Malley (R-Almira Twp.), Scott VanSingel (R-Grant Twp.), by three years from the original introduced version of the bill package. and (D-), respectively. The bills propose to rewrite After multiple weeks of testimony, the bills were reported in June the state’s solid waste law, known as Part 115, with specific focus by the House Natural Resources and Outdoor Recreation Committee. on materials management rather than solid waste disposal. MTA Workgroup discussions continue before the legislation is next has participated in the stakeholder’s workgroup during the entire considered by the House Ways and Means Committee. timeframe, addressing issues that could impact townships and working to alleviate concerns during the stakeholder process.

3 JULY/AUGUST 2020 | township voice www.michigantownships.org Under current statute, a governmental agency is immune unless the overflow or backup was a sewage disposal system event. To obtain compensation, a claimant must show that the sewage disposal system had a defect, that the governmental agency knew or should have known about the defect and did not take steps to correct it, and that the defect was a substantial proximate cause of the event and damage. The bill would add that a sewage system does not have a design or construction defect if it was designed and constructed according to applicable state standards or requirements in place when the part of the sewerage system was constructed or improved. Further, HB 4692 provides that the state Department of Environment, Great Lakes and Energy (EGLE) develop a manual Bills would assist local governments describing techniques for mitigating basement flooding, explaining the limitations of a sewage disposal system, and summarizing options with stormwater and sewer backup for dwelling owners and renters for insurance covering overflows or backups. EGLE would then need to notify and request governmental issues agencies that owned or operated sewage disposal systems to link to the manual from their website. ownships and other local units of government would be allowed The two bills are currently in the House Regulatory Reform to form stormwater utilities to fund and manage stormwater Committee and are supported by MTA. Tinfrastructure under House Bill 4691, sponsored by Rep. Michael Webber (R-Rochester Hills). Under a stormwater utility, local units could establish a fee to be paid by property owners to help Bill would allow special assessments for pay for the costs of operating a stormwater management system. The creation of a stormwater utility is permissive and would internet service require the local unit of government to adopt a stormwater management plan and then a stormwater utility ordinance consistent ownships could create special assessment districts for with the plan. Criteria for any fees established would be required to communications infrastructure under a bill pending in the be regulatory, proportional and voluntary. THouse. House Bill 5673, sponsored by Rep. The stormwater utility ordinance would identify the regulatory (D-Scio Twp.), would amend the Public Improvements Act of 1954 purpose it served and provide for a stormwater utility fee on property to allow townships to use special assessments to fund broadband and serviced—to be proportionate to the costs to the local unit. The communications projects in their areas that are still in need of high- ordinance must include methods used to determine the fee as well speed internet. The bill would add the construction, improvement and as remedies for any unpaid stormwater utility fees and the ability maintenance of communications infrastructure, including broadband for property owners to reduce or eliminate their fees. The local and high-speed internet, to the Public Improvement Act for which unit would also need to demonstrate within the ordinance that the townships may use special assessment districts. property utilized the stormwater system, which imposed a net cost to MTA supports HB 5673 as it would give townships the ability to the stormwater system to verify the fees are voluntary. provide a much-needed service to their residents where the service is A stormwater fund would be established within the ordinance for unavailable. Many township offices and their residents are unable to deposit of stormwater utility fees with disbursements limited to costs complete everyday tasks due to the lack of broadband. The bill offers associated with the stormwater management program. An appeals a potential solution by allowing special assessments to help fund procedure and the establishment of an appeals board would also be broadband infrastructure. The concept is contained within MTA’s contained within the ordinance. To appeal a fee, an applicant would Legislative Policy Platform and is frequently cited as a need by have to demonstrate within one year that the property did not use townships in areas where the lack of population density does not make the system to the extent determined by the local unit or there was a private broadband deployment profitable without government support. mathematical error in the calculation. The bill has been assigned to the House Local Government and A second bill, HB 4692, sponsored by Rep. (D-Taylor), Municipal Finance Committee for consideration. MTA will share specifies that a local unit of government would not be responsible updates on the legislation. for a sewage disposal system overflow or backup if an above-normal amount of rain fell within an hour or a one-day period. It specifies that Michigan Townships Association a “sewage disposal system event” does not exist if the rainfall in the area is at least 1.7 inches in any one-hour period, or 3.3 inches in any PO Box 80078 continuous 24-hour period. The bill builds upon changes made by Lansing, MI 48908-0078 PA 222 of 2001, which limited liability arising out of damages caused (517) 321-6467 Fax (517) 321-8908 by a sewage disposal system event for government agencies. [email protected] Currently, a sewage disposal system event occurs when a sewage disposal system overflows or backs up in real property—unless certain MTA’s Government Relations Department instances were a substantial proximate cause of the event. The instances include an obstruction in the service lead not caused by a governmental Judy Allen, Director of Government Relations agency, a connection to the sewage disposal system (e.g. sump pump or gutter) on the affected property, an act of terrorism, or an act of Tom Frazier, Legislative Liaison war. HB 4692 maintains these conditions and adds the rainfall levels, Michelle Hart, Government Relations Coordinator providing governmental agencies expanded immunity. 4 JULY/AUGUST 2020 | township voice www.michigantownships.org