New Local Options and Road Efficiency Measures Proposed in This Issue
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A LEGISLATIVE UPDATE FOR TOWNSHIP OFFICIALS SEPTEMBER 2019 New local options and road efficiency measures proposed ith the Legislature and the administration still struggling to come together on a plan for road funding, eyes have begun to turn to local options for moving WMichigan’s much-needed road repair and construction work forward. This month, the House and Senate released a 21-bill package to create local road options and efficiencies. As one of the lead legislators stated, the bills will not solve the for local roads. HB 4965, sponsored by Rep. Rodney Wakeman road funding crisis. However, they will impact the ability for local (R-Saginaw Chtr. Twp.), and HB 4966, sponsored by Rep. Andrea communities to collect and spend funds needed to improve Michigan’s Schroeder (R-Independence Chtr. Twp.), would allow local road local roads. agencies flexibility on the percentages as long as they follow their Two bills in the House 11-bill package would give local communities approved asset management plan. HB 4965, supported by MTA, the ability to raise additional local taxes and fees to address the would provide the flexibility to counties allowing more funding for road dilemma. House Bill 4963, sponsored by Rep. Jack O’Malley local roads, while HB 4966 focuses on cities and villages. (R-Almira Twp.), would give a county or counties the capability to Continued on page 2 have a local fuel tax to support road funding. This tax would need to be supported by a vote of the residents. A similar measure, HB 4964, sponsored by Rep. Tim Sneller (D-Burton), would allow a local vehicle in this issue registration fee to support road funding, which would also require approval of the voters. Under these MTA-supported bills, the revenues 3 EGLE set to release proposed rules around PFAS would be distributed to local road agencies in the county based on population and local mileage. 4 MTA is seeking your input on the 2020 Two additional bills in the House proposal provide greater Legislative Policy Platform flexibility on mandated spending percentages. Currently, county road agencies and municipal road agencies must follow the PA 51 standard of spending 75 percent on primary roads and 25 percent SB 522, sponsored by Sen. Dale Zorn (R-Ida Twp.), would establish a “local road agency advocate” to be appointed by TAMC to advocate for local road agencies in the permitting process with other state departments and agencies. The advocate would assist local road agencies with plan developments to comply with federal permit requirements. The other measures in the Senate package include: • SB 515—Sponsored by Sen. Tom Barrett, (R-Benton Twp.), would require MDOT to develop a road construction inflation index to annually measure changes in costs in the highway construction industry. • SB 516—Also sponsored by Sen. Barrett, would extend a local asset management report from three years to six years. • SB 517—Sponsored by Sen. John Bizon (R-Battle Creek), would require MDOT to conduct a feasibility study on tolling roadways and bridges in Michigan. • SB 520—Sponsored by Sen. Rick Outman (R-Belvidere Twp.), Another proposed change would require the Transportation Asset would amend state and local warranty programs by increasing Management Council (TAMC) to evaluate roads throughout the the dollar amount for projects that need to be warrantied. state for modifications or “right-sizing.” HB 4971, sponsored by • SB 521—Sponsored by Sen. Roger Victory (R-Georgetown Rep. Julie Alexander (R-Hanover Twp.), is intended to require work Chtr. Twp.), would require local units of government, when between the state and local road agencies to ensure infrastructure is adding new roads or planned developments, to include how the not overbuilt. This would require TAMC to approve whether lanes maintenance for the new infrastructure will be paid. can be increased or decreased in a community. • SB 523—Sponsored by Sen. Ed McBroom (R-Waucedah Twp.), The remaining bills in the House package include: would require individuals applying for a farm or logging • HB 4967—Sponsored by Rep. Mike Mueller (R-Fenton registration to supply an employer identification number (EIN) Chtr. Twp.), would eliminate Michigan Department of to qualify for the plate. Transportation (MDOT) prequalification limitations for • SB 524—Sponsored by Sen. Kim LaSata (R-Bainbridge Twp.), subcontractors hired for landscaping, sodding, seeding or would require MDOT to post signs to keep the public informed stonework on projects that are under $10 million. on road construction projects. • HB 4968—Sponsored by Rep. Greg Markkanen (R-Hancock), MTA will update its members as these bills are considered by would revise the distribution of funding for snow removal committees and the Legislature. purposes and bases it on the previous 14 calendar years. • HB 4969—Sponsored by Rep. Tenisha Yancy (D-Detroit), would prohibit MDOT and local road agencies from contractually restricting road-building times and would require all road projects be put out for bid no later than the last quarter of the fiscal year prior to the start of the project. The measure would provide an exemption in emergency instances. • HB 4970—Sponsored by Rep. Joseph Bellino (R-Monroe), would create the Michigan Alternative Project Delivery Act to provide a regulatory structure for new delivery methods for design, development, financing, maintenance or operation of a highway, street, road, right-of-way or bridge under the MTA’s Political Action Committee (MTA-PAC) works to elect jurisdiction of that county road commission, city or village. legislators who support local government and who will fight • HB 4972—Sponsored by Rep. Eric Leutheuser (R-Hillsdale), for townships in Lansing. would change the fee structure from an ad valorem system to a fee ($40), with additional registration tiers based on the weight Your dollars assist candidates who will work to of the vehicle. protect and preserve local democracy. • HB 4973—Sponsored by Rep. Annette Glenn (R-Larkin Chtr. Twp.), would allow for the transfer and/or collaborative sharing of local bridge design, construction and/or operations Make a difference. with MDOT. On the Senate side, a 10-bill package of bills was introduced to create efficiencies. Two of the bills, Senate Bill 518 and SB 519, Get involved. sponsored by Sens. Jim Runestad (R-White Lake Chtr. Twp.) and Send your contribution to: Michael MacDonald (R-Macomb Twp.), respectively, relate to funds MTA-PAC, PO Box 80078 being moved to local agencies, like county road agencies. The bills, supported by MTA, would direct federal funds to MDOT to allow Lansing, MI 48908-0078 non-federal funds to be moved to the local agencies. (Make checks payable to MTA-PAC) 2 SEPTEMBER 2019 | township voice www.michigantownships.org distribution system. If the system draws water from more than one location (and if they are combined), then those entry points are tested as well. If water samples are conducted more than once a year, an annual average is calculated. If an initial sampling reports higher PFAS levels (in other words, over the MCL), quarterly sampling would need to commence and the water supply will be out of compliance immediately. It would remain out of compliance until there is successful result for one full year of quarterly sampling. If, after the quarterly samples, the MCL is still above the required amount, then the water supply is reported as in violation. If an existing water supplier took part in the 2018-2019 State of Michigan PFAS Survey (this sampling began in April 2018 and was originally planned to be a long-term project with the goal of testing the drinking water of 75 percent of Michigan residents) and had results over 50 percent of MCL (listed below), they will need to collect samples from each point beginning the first quarter after the EGLE set to release proposed rules new rules have gone into effect. If a location had no detection or is less than 50 percent of the MCL, a sample will need to be completed around PFAS within six months of the effective date of the rule. ownships with public water supplies may be impacted by For existing water suppliers that have not been tested by the State upcoming rules regarding PFAS (per- and polyfluoroalkyl) of Michigan, they will be required to begin testing the first quarter Tsubstances. The state Department of Environment, Great Lakes following implementation of the rules. This is also true if a community and Energy (EGLE) is in the process of preparing and releasing has a new water supplier. The new water supplier must also show new draft rules around PFAS. The focus of EGLE’s rules is to set compliance with MCLs before the water is shared with the public. a standard for cleaning up PFAS in drinking water. Once adopted, If the sampling results indicate the containment is below the these rules would establish a maximum contaminant level—referred MCL limits, EGLE may allow the water to be sampled annually. to as MCL under the Safe Water Drinking Act—with which water However, until this is determined, a groundwater supplier must take suppliers would have to comply. Townships need to prepare for at least two quarterly samples, while a surface water supplier must the water sampling with possible added costs and corrective actions take at least four quarterly samples. that may be needed to avoid health concerns in their area and to be Sample testing could also change based on the need of an area; for compliant with EGLE’s new rules. example, one community is currently performing monthly sampling. While it is not known precisely what negative effects man-made MPART may increase the amount of sampling needed or may PFAS can have on human health, the state of Michigan (as previously even require conformational sampling to verify positive or negative discussed in the MTA’s July issue of Township Voice) is moving results.