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. 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. (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. (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. (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. (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. An example of required new sampling would be if there is an forward to avoid the potential risk. These chemicals have been used in unexplainable or confusing reading. firefighting foam, manufacturing, and for the past century could have The current draft of the new rules lists seven PFAS compounds been found in many common products. There is also a growing worry that the public needs to be informed of if they exceed the MCLs. The around PFAS in cropland. seven PFAS (and their newly established MCLs) are: Developed by the Science Advisory Workgroup of the Michigan • Hexafluoropropxylene oxide dimer acide (HFPO-DA)— PFAS Action Response Team (MPART), the health-based value MCL is 370 PPT (parts per trillion) for PFAS in drinking water was released in June 2019. MPART is a • Perfluorobutane sulfonic acid (PFBS)—MCL is 420 ppt permanent advisory body of EGLE. • Perfluorohexane sulfonic acid (PFHxS)—MCL is 51 PPT EGLE will submit the draft rules to Gov. Whitmer on or before • Perfluorohexanoic acid (PFHxA)—MCL is 400,000 PPT Oct. 1. A public hearing and public comment period will be scheduled • Perfluorononanoic acid (PFNA)—MCL is 6 PPT at some point after Oct. 31. It is expected the rules will become final • Perfluorooctane sulfonic acid (PFOS)—MCL is 16 PPT in April 2020. The department anticipates 2,700 water suppliers • Perfluorooctanoic acid (PFOA)—MCL is 8 PPT in the state would be affected by the rules. Sampling and reporting Townships should be aware of other PFAS activities occurring requirements, calculations for compliance, and the reporting process around the state. Recently, MPART announced a fund of $1.4 million for not achieving compliance would all be within the rules. for the disposal of PFAS-contaminated firefighting foam. Based on Under the draft rules, quarterly samples could begin as early as a 2018 MPART survey initiative, 326 fire departments have been June 2020 (the first quarter after rules are tentatively scheduled to identified with this contaminated foam (Class B AFFF) in their be finalized). The sampling of the water supply must be done by a inventories—nearly half of the 762 departments that responded. lab that is certified to conduct PFAS testing. The lab work must also The foam will be safely destroyed at a hazardous waste facility in be in accordance with EPA method 537.1 or other department- Belleville. Additionally, the EGLE budget for FY 2019-2020 approved methods. EGLE’s draft rules contain provisions for the allocates $40 million for PFAS and other emerging contaminants. removal of a lab certification, including failing to report compliance MTA is monitoring the PFAS rules from MPART and data, to correct deficiencies, etc. will update members when final proposed rules are released, as The draft rules state that, “If 1 sampling point is in violation of well as details for the public hearing and comment period. It is an MCL, then the supply is in violation of the MCL.” Samples recommended that townships prepare for the testing and visit are required to be taken at every entry point into the water supply MPART’s website, www.michigan.gov/pfasresponse/, for updates. 3 SEPTEMBER 2019 | township voice www.michigantownships.org

Save the date Be here. Be heard. Be engaged.

MTA is seeking your input on the 2020 Legislative Policy Platform MTA is committed to speaking on behalf of its members. This is evident each year in the development of our policy platform for the coming year. Your voice is heard, and we take direction from our members. Each year, the policy platform is updated to reflect revisions and additions recommended by our members, as well as emerging issues and goals. It is your suggestions that guide MTA’s government relations work with MTA’s 2020 the Legislature and administration. New proposed policies will be reviewed by MTA committees Capital Conference for word selection and legality, as well as to ensure they conform with the Association’s overall goals and objectives. February 26 | Lansing The proposed policies will then be presented for membership approval at the 2020 MTA Annual Meeting in April, in Join MTA and fellow township officials for this conjunction with the Association’s Annual Educational Conference & Expo. Read our 2019 Policy Platform online. important event where you will learn about If you would like to submit a policy proposal or change for legislative issues impacting townships, and MTA in the coming year, the submission must be received by have the opportunity to meet with state Monday, Dec. 2. Contact the MTA’s Government decision-makers and legislators. Look for Relations Department at (517) 321-6467 or email registration details in upcoming issues of [email protected] with questions, comments Township Focus and MTA e-newsletters, or suggestions. and on www.michigantownships.org.

Michigan Townships Association PO Box 80078 Lansing, MI 48908-0078 (517) 321-6467 Fax (517) 321-8908 Township Insights, MTA’s weekly e-newsletter, [email protected] offers timely information and updates about legislative happenings, as well as news, programs and resources MTA’s Government Relations Department that can help you better serve your community. Look for the latest on what’s happening in Lansing, grant Judy Allen, Director of Government Relations opportunities—and more! Tom Frazier, Legislative Liaison Michelle Hart, Government Relations Coordinator Not receiving Township Insights in your email? Contact [email protected]. Scott Southard, Staff Writer

4 SEPTEMBER 2019 | township voice www.michigantownships.org