Senate Eliminates Local Control over Transportation Network Companies and Taxi Carriers

File illustration picture showing the logo of car-sharing service app Uber on a smartphone next to the picture of an official German taxi signIn a move to place Transportation Network Companies (TNCs), such as Uber and Lyft, limousines and taxi carriers, all under one regulatory framework, the Senate passed HB 4637 by a vote of 31-4. In doing so, the Legislature stripped all local control municipalities currently have over taxi carriers. Regulation of these entities will now be handled by the Department of Licensing and Regulatory affair.

Under this new regulatory framework each entity is required to register with the department, complete a vehicle safety inspection if the vehicle is 5 years old or older, post proper signage on the vehicle, ensure each driver has passed a criminal background check and obtained proper insurance.

Municipalities will only be allowed to enforce certain provisions of this act by issuing civil infractions if the vehicles fail to display the proper signage, the driver doesn’t have proper insurance, if a TNC attempts to solicit a passage through a method other than their digital platform, or if a driver fails to provided a ride to an individual due to discrimination.

The League testified in opposition to the elimination of local control citing several concerns about public safety and the ability for the department to adequately enforce the new provisions within this bill. Amendments to protect a communities ability to stipulate hours of operation, and the location and operation of taxi stands were defeated. Senator Hertel was able to secure an amendment on behalf of the League to ensure taxi authorities created before this act will be able to remain in operation for a period of 4 years.

This bill has been returned to the House where it is anticipated they will concur in the Senate changes and send the bill to the Governor for his signature. We also anticipate that the Governor will sign this legislation.

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 jlamacchia@mml.org or 517-908-0303.

LaMacchia: Infrastructure Issues in Flint Symptom of Larger Problem

The League's John LaMacchia (center, right) and fellow panelists.

The League’s John LaMacchia (center, right) and fellow panelists.

What’s happening in Flint, Detroit and other cities is a symptom of a larger problem. A problem where cities in Michigan are only allowed to fall with the economy but not to prosper as the economy grows. And it’s only going to get worse if we don’t change the way the nation invests in communities.

This was a key message by the Michigan Municipal League’s John LaMacchia when speaking Thursday in Washington D.C. as part of Infrastructure Week 2016. The Infrastructure Week celebration organized by the National League of Cities and its partners is to raise awareness about the nation’s infrastructure needs. Cities construct and maintain the majority of our nation’s infrastructure and depend on a solid infrastructure network to provide safe and healthy communities, and grow their local economies.

The League's John LaMacchia is in Washington D.C. this week for the National League of Cities Infrastructure Week celebration. As part of his work, LaMacchia (center left) met with U.S. Rep. Dan Kildee (right).

The League’s John LaMacchia is in Washington D.C. this week for the National League of Cities Infrastructure Week celebration. As part of his work, LaMacchia (center left) met with U.S. Rep. Dan Kildee (right).

LaMacchia, assistant director of state affairs for the League, spoke as part of a panel discussion on “Securing Our Water Future: 21st Century Solutions for 21st Century Cities”. Other panelists were Council Member Matt Zone, City of Cleveland, Ohio, and National League of Cities 1st Vice President; Council Member Ron Nirenberg, City of San Antonio, Texas, and Chair, National League of Cities Energy and Environment Committee; Commissioner Heather Repenning, President Pro Tempore, Los Angeles Board of Public Works; Tyrone Jue, Senior Advisor on Environment to Mayor Ed Lee, City of San Francisco, California; Jonathan Trutt, Executive Director, West Coast Infrastructure Exchange; and Clarence E. Anthony, CEO and Executive Director, National League of Cities.

LaMacchia discussed the Flint water crisis and explained how the Flint issue is part of a much larger infrastructure problem in communities statewide.

Some of his key points included:

  • Flint Mayor Karen Weaver and Gov. Rick Snyder agree Flint’s lead-tainted service lines need to be removed. But it will take at least $55 million to replace all the lead-tainted lines. Money for water infrastructure has been put into appropriations bills in the Michigan Legislature and U.S. Congress, but the bills are still making their way through those legislative bodies.
  • The service lines are just part of the problem. The rest of Flint’s water system, from aging water mains to other infrastructure, needs to be totally replaced. The city’s water system loses a large percentage of the water to leaks, one reason Flint has some of the highest water rates in the country. Again, the City of Flint will need help from the state and federal governments to modernize its water infrastructure, a process that is expected to cost of hundreds of millions of dollars.
  • When we look at Michigan as a whole we have neglected to properly invest, maintain and right size our infrastructure.
    The league's John LaMacchia speaks on a panel during Infrastructure Week in Washington D.C. May 19, 2016.

    The League’s John LaMacchia speaks on a panel during Infrastructure Week in Washington D.C. May 19, 2016.

  • For nearly 30 years Michigan has been about 10 million people yet we have increased the amount of infrastructure in the state by roughly 50% and giving little thought to how we would maintain both the old and new infrastructure.
  • Time and time again we have built new water and sewer plants without capitalizing on the existing capacity of a nearby system.
  • This not only speaks to how we have been inefficient in managing infrastructure in Michigan but also how we have disinvested in our communities in general.
  • Why cities are important: Our goal at the Michigan Municipal League is to make Michigan communities places people want to be. Places that can attract a talented work force and businesses. Having placemaking strategies in all communities is important. But it’s hard to even think about creating great places when you’re fighting every day not to drown. How can you attract businesses and a work force if your roads are crumbling, bridges are in disrepair and you’re communities have slashed the number of police officers, firefighters, public works employees and more?
  • The numbers show that some states – particularly Michigan – do not understand the importance of cities as economic drivers. If they did they would be investing in cities. But unfortunately they are disinvesting in cities.
  • According to U.S. Census data all but one state showed growth in municipal general revenue between 2002 and 2012. View chart here.
  • Many want to blame this on a single state recession but the numbers tell a different story.
  • Why is this the case in Michigan – property values decrease in 2008 crash and the Michigan Constitution limits their ability to recover, PLUS revenue sharing to the tune of $7.5 billion over the last decade plus.

LaMacchia concluded explaining Michigan’s system for funding municipalities is fundamentally broken and unless it gets fixed we’re going to see more situations like what’s happening in Flint and Detroit occur in other communities.

Also earlier this week, NLC released a new report called, Paying for Local Infrastructure in a New Era of Federalism. Read a blog about the report by the League’s Summer Minnick.

Matt Bach is director of media relations for the Michigan Municipal League. He can be reached at mbach@mml.org and 734-669-6317.

League’s John LaMacchia in Washington D.C. Talking Infrastructure

The League's John LaMacchia.

The League’s John LaMacchia.

The Michigan Municipal League’s John LaMacchia will be in Washington D.C. Thursday to participate in Infrastructure Week 2016. The celebration organized by the National League of Cities and its partners is to raise awareness about the nation’s infrastructure needs. Cities construct and maintain the majority of our nation’s infrastructure and depend on a solid infrastructure network to provide safe and healthy communities, and grow their local economies.

LaMacchia, assistant director of state affairs for the League, will speak 2:30-4 p.m. Thursday, May 19, as part of a panel discussion on “Securing Our Water Future: 21st Century Solutions for 21st Century Cities”. The panel discussion will be live-streamed on the NLC’s Facebook page.

Other panelists are Council Member Matt Zone, City of Cleveland, Ohio, and National League of Cities 1st Vice President; Council Member Ron Nirenberg, City of San Antonio, Texas, and Chair, National League of Cities Energy and Environment Committee; Commissioner Heather Repenning, President Pro Tempore, Los Angeles Board of Public Works; Tyrone Jue, Senior Advisor on Environment to Mayor Ed Lee, City of San Francisco, California; Jonathan Trutt, Executive Director, West Coast Infrastructure Exchange; and Clarence E. Anthony, CEO and Executive Director, National League of Cities.

LaMacchia will discuss the Flint water crisis but he’ll explain how the Flint issue is part of a much larger infrastructure problem in communities statewide.

Also earlier this week, NLC released a new report called, Paying for Local Infrastructure in a New Era of Federalism. Declining funding, increasing mandates and misaligned priorities at the federal and states levels have put responsibility for infrastructure on local governments. But what ability do cities have to take up this call? The authority of cities to meaningfully address growing infrastructure challenges is bound by levers authorized to them by their states. The study finds that cities are limited in the number and scope of tools they are authorized to use, and that access to these tools is highly uneven in states across the country. Read a blog about the report by the League’s Summer Minnick.

View the report here: http://www.nlc.org/find-city-solutions/city-solutions-and-applied-research/infrastructure/local-infrastructure-funding-report

View the full infrastructure week schedule here: http://www.nlc.org/influence-federal-policy/infrastructure-week-2016

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

Roads Deal Passes Michigan Legislature, Governor Snyder Prepares to Sign

A school bus travels over bumpy roads. Vote yes for safe roads on May 5.

A school bus travels over bumpy roads.

Late last night the Michigan Legislature narrowly cobbled together the necessary votes to send a road funding package to the Governor Snyder’s desk for signature.

Over the past two-plus years the Michigan Municipal League has consistently called for a long-term sustainable solution that relies heavily on a significant amount of dedicated funding for transportation and doesn’t leave future state and local budgets hanging in the balance. This plan falls far short of that and there simply isn’t enough real revenue for roads in this package.

It’s an over-statement to say that a $1.2 billion plan with $600 million in new revenue and $600 million in General Fund dollars will fix Michigan’s crumbling infrastructure. This is especially true given that two-thirds of the new revenue will simply replace General Fund money already budgeted for roads in the current fiscal year and the plan doesn’t fully phase in for almost a decade.

The framework of the plan includes 7.3 cents gas tax increase and a 20 percent increase in registration fees. Those increases don’t go into affect until January 1, 2017, meaning no new money will be infused into the system for 14 more months. Gas and diesel taxes will be indexed to inflation but not until 2022.

Additionally, the $600 million in General Fund revenue will be phased-in over three years beginning in FY 19 and relies on future Legislatures – some of whom aren’t even elected yet – to appropriate those General Fund dollars to uphold the promises of this current Legislature. History has proven that similar earmarks of this nature have gone unfulfilled.

Plan Details:

HB 4736  increases passenger and commercial vehicle registrations fess by 20 percent per vehicle beginning January 1, 2017. The bill provides for additional increases for plug-in hybrid and electric vehicle registrations. These changes result in a $200 million revenue increase for transportation.

•  HB 4738, HB 4614, and HB 4616, provide for gas and diesel tax increases to 26.3 cents, an increase of 7.3 cents per gallon beginning on January 1, 2017. The bills also implement diesel parity, institute a process for taxing alternative fuels, and tie the fuel tax rate to inflation beginning in 2022. These changes result in a $400 million revenue increase for transportation.

HB 4370 dedicates $600 million of income tax revenue to transportation phased in over three years, $150 million in FY 19, $325 million in FY 20 and $600 million in FY 21. will This bill also provides $200 million in tax relief by expanding the Homestead Property Tax Credit. According to both the House and Senate Fiscal Agencies that when fully phased-in this will reduce the state General Fund by more that $800 million, or roughly 7 percent.

HB 4737 requires MDOT and local road agencies to secure warranties, where possible, for construction and preservation projects over two million dollars and mandates new reporting requirements for MDOT and local road agencies on those warranties.

HB 4737 also creates a “Roads Innovation Task Force” that will form no later than December 1, 2015 and prepare a report no later than March 1, 2016. The Roads Innovation Task Force will evaluate road materials and construction materials that will allow MDOT to build roads that could last at least 50 years, will focus on materials and processes that may cost more upfront but produce life-cycle construction and maintenance savings, and concentrates on longer-term time frames that seek to maximize value of the taxpayers of this state

Additionally, HB 4737 creates a Roads Innovation Fund. This fund will collect the first $100 million each fiscal year starting in 2016-17 from fuel taxes and every year thereafter. The funds can only be released once the House and Senate approve a one-time concurrent resolution approving the report done by the Roads Innovation Task Force. Those funds shall be appropriated only for the use of specific higher quality, longer life cycle road construction purposes. Once the concurrent resolution is approved the fund shall no longer annually receive the allocation.

SB 414 creates an automatic rollback of the income tax. The rollback occurs when General Fund growth exceeds the rate of inflation plus 1.425%. The first rollback could not begin until January 1, 2023.

HB 4610 allows townships contributing 50% or more to a road project to require an RFP for pavement projects over $50,000 and gravel projects over $25,000.

HB 4611 requires an RFP process for all projects over $100,000 for MDOT. Local road agencies must do RFPs for all projects, excluding routine maintenance, over $100,000, unless the local road agency affirmatively finds that they can do it themselves for less.

The League believes this plan is overly reliant on existing tax dollars and very likely establishes a foundation for potential cuts to local police and fire protection, higher education, economic development and our ability to attract and retain a talented workforce. It fails to address the key principles for which we consistently advocated – a long-term sustainable solution that invests in our road network, protection of essential services, and fiscal responsibility in regards to future state and local government budgets.

View a League media statement on the roads plan passed by the Legislature.

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

Proposal 1 Offers Michigan’s Last, Best Chance to Fix Roads with Guaranteed Funding

John LaMacchia discusses Proposal 1 at a recent Burton City Council town hall meeting.

John LaMacchia discusses Proposal 1 at a recent Burton City Council town hall meeting.

The fate of Proposal 1 will be decided by voters next week (Tuesday, May 5), and there is one thing guaranteed about the outcome: If it passes it will provide a solution to fix Michigan’s crumbling infrastructure and will guarantee funding for transportation, local government, schools. And if it fails? No one can guarantee a solution out of the state Legislature.

That’s the simple message from the Michigan Municipal League’s John LaMacchia, legislative associate, in his many speaking engagements, media interviews and community meetings about Proposal 1 in recent days, weeks and months. LaMacchia has been the League’s voice on Proposal 1 after the League board unanimously endorsed the road funding package in January.

“The one thing that those for and against Proposal 1 agree on is the longer we take to come up with a transportation funding plan, the worse are roads are going to get,” LaMacchia said.

If Proposal 1 passes, it would guarantee, for the first time, that every penny we pay in state fuel taxes goes to transportation.

Bad-bridge-small-for-webLansing would no longer be able to divert taxes paid on gas to some other state program or service.

Here is some additional information about what Proposal 1 would do:

Ballot Proposal:

  • Raises the sales tax from 6% to 7%
  • Exempts sales tax from motor fuel
  • Removes higher education funding from the School Aid Fund
  • Dedicates a portion of the use tax to K-12 education

Statutory Changes Effective Only if Proposal 1 Passes:

  • Increases the tax charged on motor fuel
  • Eliminates the depreciation on vehicle registration fees
  • Increase registration fees on the heaviest trucks
  • Requires more competitive bidding and road warranties
  • Restores the Earned Income Tax Credit to 20% of the federal level

Revenue Generated:

We would fix more roads instead of just fill potholes if Proposal 1 passes May 5.

We would fix more roads instead of just fill potholes if Proposal 1 passes May 5.

Fixing our roads will make them safer by repairing dangerous potholes and improving roadway design. Today, many drivers swerve to avoid dangerous potholes or lose control of their vehicles as a result of flat tires.

According to TRIP, a national transportation research organization, roadway design is a contributing factor in about one-third of fatal traffic crashes. Between 2008 and 2012, 4,620 people died in Michigan car accidents – an average of 924 fatalities per year.

For more information about Proposal 1 go to the League’s Safe Roads Yes! webpage.

To learn more about the Safe Road Yes! campaign go here. View here a series of question and answer videos about Proposal 1. Check out what MML members have to say about Proposal 1. See how much your community will get in additional road dollars and constitutional revenue sharing if Proposal 1 is approved. View which Michigan communities have passed resolutions in support of Proposal 1.

Matt Bach is director of media relations for the Michigan Municipal League. He can be reached at mbach@mml.org. The League’s John LaMacchia can be reached at jlamacchia@mml.org.

LaMacchia: ‘Roads Will Only Get Worse’; Vote Yes on Proposal 1 for New Road Funding in Michigan

About 60 people attend a symposium on Proposal 1 Tuesday in Sterling Heights.

About 60 people attend a symposium on Proposal 1 Tuesday in Sterling Heights.

Last night the Michigan Municipal League hosted a “Safe Roads Symposium” on Proposal 1 in Sterling Heights. The event was attended by about 60 people, including multiple officials from the city of Sterling Heights and surrounding communities.

The League’s John LaMacchia, Legislative Associate, was one of several officials who spoke on the issue as part of a panel during the symposium.

Other event panelists were Gilda Jacobs, President and CEO of the Michigan League for Public Policy; Dr. Robert Livernois, Superintendent of Warren Consolidated Schools; Dr. Christine Johns, Superintendent of Utica Community Schools; and Carmine Palombo, Deputy Executive Director of SEMCOG.

During the informative event, LaMacchia gave a brief history of how Proposal 1 came about and why the Michigan Municipal League supports the initiative heading to voters on May 5.

LaMacchia encouraged those attending to vote yes on Proposal 1.

Panelists get ready for the symposium.

Panelists get ready for the symposium.

“Michigan now spends less per resident on roads than any other state. Let me say that again: Michigan is now dead last in per-capita funding for roads. We’ve neglected properly invest in our roads and bridges and everywhere you travel in this state you can see the repercussions of that. This proposal will constitutionally guarantees that every penny we pay in state fuel taxes goes to transportation while protecting funding for local governments and schools. This proposal is not perfect … nothing from Lansing ever is. But it does provide a long-term sustainable solution that will fix our roads, and the only guarantee we will have on May 5th if this fails is that our roads will get worse. Vote Yes!”

For additional information on Proposal 1 go here: http://www.mml.org/advocacy/safe-roads-yes-neutral-info.html.

Matt Bach is director of media relations for the Michigan Municipal League. He can be reached at 734-669-6317 and mbach@mml.org.

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

 

 

League’s John LaMacchia Participates in Road Funding Bill Signing with Governor Snyder

The League's John LaMacchia (left) attends the road funding bill signing Monday.

The League’s John LaMacchia (left) attends the road funding bill signing Monday.

The Michigan Municipal League’s John LaMacchia II was among the dignitaries invited to the official signing of the road funding package approved by the Legislature last month. Governor Rick Snyder signed the bills during an event in Lansing Monday afternoon.

Late in December, the House and Senate put together the framework for a comprehensive long-term solution for investing in Michigan’s infrastructure. Although the Michigan Municipal League would have liked the Legislature to solve this problem independently, they approved a ballot proposal that will be put before the voters in May 2015. Read the lame duck recaps on Inside 208, the League’s legislative blog.

Read this blog for details on the road funding package.

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