Senate Bill Impacting Municipal Construction Specifications Voted Out of Committee

This week SB 157 was voted out of Michigan Competitiveness Committee on 4-1 party-line vote.The bill states a public entity could not exclude any pipe and piping materials when soliciting bids for a public works project if the pipe and piping materials meets or exceeds the recognized standards for pipe and piping materials on similar projects as determined by the American Society for Testing and Materials (ASTM) or the American Water Works Association (AWWA).

The League believes this bill  would interfere with a municipalities engineer’s judgement and ability to specify pipe or pipe materials for water projects the reflect the needs of their system based on that systems specific needs. We are opposed to this legislation.

We do not believe the goal of this legislation is to provide fair and open competition as supporter have stated, but rather as a way increase the use of a product (PVC) on water and wastewater systems that they already can use, but in many cases and for many reasons choose not to. The bill incorrectly assumes that all pipe materials are the same and that the absence of a material (PVC) in a standard/specification requires state government intervention. Communities and engineers make different pipe material selections to reflect the unique needs and values of their community, considering operational and maintenance costs, and they should retain this ability.

The legislation threatens the important ability of engineers and communities to develop
standard specifications that reflect the needs and values of their community. These
communities are developing water and wastewater systems, not a series of individual projects. Standard specifications are used by federal, state and local governments for all type of infrastructure projects to ensure quality, safety and uniformity.

SB 157 could lead to a significant increase in bid protests and litigation over pipe selection on projects, thereby increasing costs, delaying projects, and subjecting engineers and communities to unnecessary litigation.

We encourage you to reach out to your Senator, express your opposition to this legislation and ask that it not be taken up for a vote on the Senate floor.

John LaMacchia is the Assistant Director of State and Federal Affairs for the League handling transportation, infrastructure, energy and environment issues. He can be reached at or 517-908-0303.

Revisions to the Lead and Copper Rule Proposed by the Governor

The Governor has proposed Lead and Copper Rule reforms saying “The federal rule is dumb and dangerous. We need a Michigan rule that is smart and safe.” The proposed changes will require both administrative rule changes and statutory changes by the legislature.

Proposed Administrative Rule Changes:

  1. Phase in a reduction in the Lead Action Level from 15 ppb to 10 ppb by 2020.
  2. Require most public water systems to perform a full system inventory identifying
    materials used, such as lead service lines.
  3. Require the establishment of Water System Advisory Councils for most
    community Public Water Systems to assure citizen membership, input, and
    access. The Councils will develop plans for community outreach and education,
    and collaborate with community groups to assure correct implementation of the
    LCR. The Councils will assure access to information regarding corrosion control,
    testing results, remediation processes, educational efforts and general water

Proposed Statutory Changes:

  1. Strengthen sampling methods and require annual testing at state licensed
    facilities involving children and vulnerable adults, including schools, daycare
    facilities, nursing homes, health facilities, and adult foster care facilities.
  2. Require public disclosure of testing results or filters on every drinking water
    faucet in state licensed facilities involving children and vulnerable adults. Facilities
    exceeding standards will be required to take remedial action.
  3. Prohibit partial lead service line replacements.
  4. Require landowners and property sellers to disclose to renters or new
    homeowners of any service lines or plumbing that are known to contain lead.

The league will be tracking this issue closely, reaching out to our members for input and offering our thoughts to the administration on these changes.

John LaMacchia is the Assistant Director of State and Federal Affairs for the League handling transportation, infrastructure, energy and environment issues. He can be reached at or 517-908-0303.

Legislative Committee Orientation Event at Capitol Teaches Ins and Outs of State Politics

League staff John LaMacchia and Chris Hackbarth at the Legislative Committee Kick-Off Orientation Thursday.

League staff John LaMacchia and Chris Hackbarth at the Legislative Committee Kick-Off Orientation Thursday.

(View more photos here)

About 60 local municipal officials from throughout the state were at the state Capitol Thursday in Lansing for the Michigan Municipal League’s Legislative Committee Kick-Off Orientation. The first-time event for the League was highly successful as members from the League’s various legislative policy committees heard from state lawmakers, League staff and communications experts.

The League makes policy decisions based on the input from its five League policy committees that are broken into topics – energy, environment and technology (chaired by Brighton City Manager Nate Geinzer); land use and economic development (chaired by Lake Isabella Village Manager Tim Wolff); municipal finance (chaired by Howell City Manager Shea Charles); municipal services (chaired by Novi City Manager Pete Auger); and transportation infrastructure (chaired by Farmington Hills Public Services Director Gary Mekjian).

The event was hosted by State Rep. Dan Lauwers in the Speakers Library in the Capitol across the street from the League’s Lansing office. Lauwers welcomed the group to the Capitol and was followed by League CEO and Executive Director Dan Gilmartin who thanked the members for their services on the policy committees and explained how important their work is to the League’s success as an organization.

State legislators speak at the Legislative Committee Kick-Off Orientation Thursday.

State legislators Rep. Christine Greig, Rep. James Lower and Sen. Ken Horn speak at the Legislative Committee Kick-Off Orientation Thursday. Kyle Melinn (left), co-owner of MIRS News Service, was moderator of the panel discussion.

Other event speakers were League staff members Chris Hackbarth, director of state and federal affairs; John LaMacchia, assistant director of state and federal affairs; Jennifer Rigterink, legislative associated; Emily Kieliszewski, member engagement specialist; and Shanna Draheim, policy director. There was also a panel discussion moderated by Kyle Melinn, news editor and co-owner of Michigan Information and Research Service (MIRS) and featuring State Rep. Christine Greig, House Democratic Floor Leader; State Rep. James Lower; and State Sen. Ken Horn.

Local officials listen to a presentation at the Legislative Committee Kick-Off Orientation Thursday.

Local officials listen to a presentation at the Legislative Committee Kick-Off Orientation Thursday.

Policy committee members from throughout the state attended representing the following communities: Village of Beverly Hills, City of Novi, City of Flushing, City of Gibraltar, City of Wyoming, Village of Copemish, City of Dexter, City of Center Line, City of Howell, City of Southgate, City of Grosse Pointe, Village of Chesaning, City of Livonia, City of Taylor,
City of Brighton, City of Charlotte, City of Westland, City of Woodhaven, City of Springfield, City of Dearborn Heights, City of Ann Arbor, Village of Mendon, City of Grand Blanc, City of Menominee, City of Midland, City of Berkley, City of St. Clair Shores, Village of St. Charles, City of Ovid, City of Monroe, City of Ann Arbor, City of Hazel Park, City of Douglas, City of Farmington Hills, City of Mt. Pleasant, City of Hamtramck, City of Alma, City of Hastings, City of Farmington Hills, City of Grandville, City of Dexter, City of Adrian, City of Rochester Hills, City of Orchard Lake, City of Cadillac, City of Rochester
City of Plymouth, City of Wayne, Village of Cassopolis, City of Dexter, City of Milan, City of Midland, Village of Sparta, City of Alpena, City of Saline, City of Gladstone, City of East Lansing, City of Clio, Village of Lake Isabella, Village of Blissfield, and Village of Quincy.

Dusty Fancher and Dave Waymire speak at the Legislative Committee Kick-Off Orientation Thursday.

Dusty Fancher and Dave Waymire speak at the Legislative Committee Kick-Off Orientation Thursday.

After lunch, the group heard about communications, public relations and the insider’s guide to lobbying from Dave Waymire, partner at Martin Waymire; and Dusty Fancher, partner with Midwest Strategy Group.

To learn about the latest legislative issues involving Michgian’s communities, subscribe to the League’s Inside 208 blog here: (view subscribe box on right side of page). Learn more about the League’s policy committees here: View additional photos from the event here.

Matt Bach is director of media relations for the League. He can be reached at and 734-669-6317.

League CEO Dan Gilmartin to Speak at Congressional Briefing on Flint Water Crisis

Dan Gilmartin is interviewed during the NLC Congressional City Conference in Washington D.C. this week.

Dan Gilmartin is interviewed during the NLC Congressional City Conference in Washington D.C. this week.

WASHINGTON, D.C. – Michigan Municipal League CEO and Executive Director Dan Gilmartin will participate in a Congressional Capitol Briefing Wednesday in Washington D.C. and talk about national infrastructure issues and the Flint water crisis.

Gilmartin will be part of a panel that will inform members of Congress about the most pressing infrastructure issues facing cities today. They also will delve into whether federal policies are keeping pace with local efforts to reevaluate and reconfigure infrastructure for the next generation. More than 200 members of Congress and congressional staff are expected to attend the event taking place 10 a.m. Wednesday, March 9, 2016, at the Capitol Visitors Center Auditorium. The briefing is part of the National League of Cities annual Congressional City Conference happening this week.

Through his work with communities, Gilmartin is recognized as a national leader in the fields of urban revitalization, placemaking, local government reform, and transportation policy.  Model D Media has referred to him as “an urban thinker with an eye for the small, oft-unnoticed changes that can make ‘places’ out of streets and buildings.”  Dan serves as a member of the Michigan Future, Inc. Leadership Council and on the Placemaking Leadership Council.

Joining Gilmartin on the panel will be other local experts who will discuss the water crisis in Flint and what it means for federal-state-local relations nation-wide; contrasting state and local perspectives on accountability in the transit funding process; competing public and private interests in the broadband market; and differing federal and local points of view on infrastructure finance.

Other speakers include Mayor Mark Stodola, of Little Rock, Arkansas; Councilmember Greg Evans, of Eugene Oregon; and Councilmember Andy Huckaba, of Lenexa, Kansas.

NLC is the nation’s largest and most representative membership and advocacy organization for city officials, comprised of more than 19,000 cities, towns, and villages representing more than 218 million Americans.

Matt Bach is director of media relations for the Michigan Municipal League. He can be reached at

DEQ to Host Workshops on Lake and Wetland Protection Tools for Local Governments

Michigan has 11,000 inland lakes and over 1,850 units of government who share a role in keeping those lakes clean for future generations. Four workshops will be held in Michigan during the summer of 2015 to help local officials and concerned citizens understand the benefits of inland lakes to communities, the regulations that govern them, and the opportunities for enhancing protection at the local level.

Workshop Dates and Locations:
• July 21: Franklin Twp. Hall, 3922 Monroe Rd. (M-50), Tipton (Lenawee County)
• August 3: Kensington Metropark Farm Center, 2128 W. Buno Rd., Milford (Oakland County)
• August 6: North Central Michigan College Library Conference Center, 1515 Howard St., Petoskey (Emmet County)
• August 10: Van Buren Conference Center, 490 S. Paw Paw St., Lawrence (Van Buren County)

Each workshop will be held from 9 a.m. until 4 p.m. and lunch will be provided. The fee is $20 per person and registration is required 10 days prior to each workshop. Topics will include: the importance of inland lakes and wetlands, what you can do at the local level, natural features setbacks, existing legal framework, and how to get started in your community.

For more information or to register, visit or contact Erin Fuller at 269-657-4030 x112 or

John LaMacchia is a Legislative Associate for the League handling transportation, infrastructure, and energy issues. He can be reached at or 517-908-0303.

DEQ’s Road Right-of-Way Alternate Institutional Control Process Survey

Michigan’s environmental cleanup laws allow for the use of institutional controls when environmental contamination is proposed to be left in-place at a property. Often times, this contamination has migrated onto property controlled or operated by local units of government, tribal government or other authority, such as, road right-of-ways. Institutional controls are generally administrative and legal tools that are created for the purpose of providing information regarding the risks associated with contamination and the activities that are to be restricted or prohibited to protect the public health, safety, and welfare and the environment.

In 2014, the Remediation and Redevelopment Division (RRD) of the Michigan Department of Environmental Quality (DEQ) introduced its Road Right-Of-Way Alternate Institutional Control as an instrument that may be used when contamination is proposed to be left in-place within a road right-of-way.

The DEQ-RRD has invited our members to complete a simple survey to provide them with an understanding of your knowledge, use, concerns or desire to learn more regarding the use of this instrument to control exposure and the risks associated with contamination within a road right-of-way. For a link to the survey please click here.

For questions regarding the survey, please contact Mr. Kevin Schrems at 517-284-5149 or, or Mr. Dan Yordanich at 517-284-5174 or

John LaMacchia is a Legislative Associate for the League handling transportation, infrastructure, and energy issues. He can be reached at or 517-908-0303.


EPA Proposed Regulation on Dental Amalgam Separation Could Cause Burden on Local Treatment Systems

The Environmental Protection Agency is having an open comment period until December 22nd, to allow individuals and organizations to respond to proposed new regulation of discharge of dental amalgam into publicly owned treatment works (POTWs) as part of the Clean Water Act. The regulation would classify dentists as an “industrial user” under part 23, which would require additional pretreatment measures that could be burdensome to locals due to the increased oversight requirements in this category. Michigan already has an amalgam separation law on the books, but this new provision would place dentists into a category (industrial user) that the DEQ does not have authorization over in order to modify the federal requirement to better align with the existing state law. If you would like to read about this issue further and/or submit comments, click here.

Summer Minnick is the Director of Policy Initiatives and Federal Affairs. She can be reached at 517-908-0301 or

EPA Extends Deadline to Submit Comments on Greenhouse Gas Emissions for Power Plants

The Environmental Protection Agency has extended the deadline to submit comments on the proposed plan to regulate greenhouse gas emissions for existing power plants to December 1st, from October 16th.

Click here to access additional information on the proposal and to submit comments.

Summer Minnick is the Director of Policy Initiatives and Federal Affairs. She can be reached at 517-908-0301 or

Webinar This Thursday on EPA’s proposed rule to regulate greenhouse gas emissions under Clean Air Act

This Thursday, September 18th from 1-2 pm the State and Local Legal Center will be hosting a webinar on the legal issues raised by EPA’s proposed rule to reduce greenhouse gas emissions from existing power plants. This webinar will be particularly helpful to those who are in the process of drafting comments, which are due on Oct. 16. There is no pre-registration for the webinar; simply click here at the appropriate time and sign in as a guest.

EPA has invited comment on a number of issues that may have legal implications for states. Given the compliance obligations this rule will create for states, the National Governors Association has worked with the SLLC to develop a presentation that will provide states with an opportunity to explore topics that will most directly affect them. Some of these topics will be addressed in the webinar and include:

o   State-level considerations for regional compliance and a legal roadmap for how states could join together to develop a regional consortium to reduce greenhouse gas emissions.

o   Whether states can legally adopt multiple approaches to reducing carbon emissions, including approaches that are rate based, mass based, market based, or some combination of those three.

o   The authority for states to implement approaches outside of reductions at individual power plants (regardless of the legal interpretation at the federal level), or whether states need internal authority to reduce greenhouse gas emissions through other measures like regional agreements or the implementation of energy efficiency measures through 111(d).

o   The ability of states to adjust the specific percentage by which they must reduce their carbon emissions by 2030.

Roger Martella,, a former General Counsel for the EPA and current partner with the law firm of Sidley Austin, will lead the discussion and answer questions.

Summer Minnick is the Director of Policy Initiatives and Federal Affairs. She can be reached at 517-908-0301 or

Senate Takes Testimony on Provisions of Certain Utility Service Contracts

Senate Local Government Committee took testimony yesterday on SB 687 sponsored by Senator Darwin Booher (R-Evart). This bill would regulate the provision of utility services (water, sanitary sewers, wastewater treatment, or electricity) provided by certain municipalities to other municipalities. It would prohibit a municipality providing utility service to another municipality from terminating the service, or refusing to renew the existing contract for the service, for any reason other than a lack of physical ability to continue providing that service.

This bill was introduced because of a situation in Senator Booher’s district involving the City of Cadillac and 4 surrounding townships. Cadillac City Manager Marcus Peccia did a terrific job testifying on behalf of the League. He expressed not only the concerns of Cadillac and their specific situation, but also the statewide implications this legislation could have.

The main concerns about this legislation include that it effectively voids any end date or termination clause in a contract our communities may have with a surrounding municipality because this bill would not allow that contract to be terminated and offers guaranteed renewal. Voiding a contracts expiration date does not promote good faith negotiations between parties. Rather, it provides an incentive for the non-providing community not to accept terms of a new contract that may include a higher rate for service because service must continue. Finally, this bill would have a significant impact on future collaboration efforts between communities because of the lack of certainty that would happen at the end of an expiring contract.

The League is opposed to this legislation and is very concerned about the impact of this legislation statewide.

John LaMacchia is a Legislative Associate for the League handling transportation and infrastructure issues. He can be reached at or 517-908-0303.