House Tax Policy Committee takes Second Day of Testimony on PPT Package with 100% Reimbursement

This morning the House Tax Policy Committee took a second day of testimony on a ten bill package that represents months of negotiations on personal property tax (PPT) reform. The Michigan Municipal League’s message on PPT has consistently been 100 percent, guaranteed replacement. The bills do represent 100 percent replacement and a more stable reimbursement mechanism.

The League testified in support of the legislation today and was joined in voicing their support by Mayor Jack O,Reilly from Dearborn and Mayor Kurt Dykstra from Holland. Both Mayor O’Reilly and Mayor Dykstra did an excellent job expressing the views of the League and the positive impact this legislation will have on their communities.

The bills, Senate Bills 821-830, will receive another committee hearing and be voted on next week (3/19). We anticipate these bills will continue moving quickly through the legislative process, likely making it to the Governor’s desk before spring break in April.

Samantha Harkins is the Director of State Affairs for the Michigan Municipal League.  She can be reached at 517-908-0306 or email at sharkins@mml.org

Conference Committee Votes Out Supplemental with Additional Road Funding

Just before noon today the conference committee, by a unanimous vote, supported SB 608. After much debate, the bill included $215 million in general fund dollars for roads. Of that $215 million, $100 million will be distributed through the Act 51 formula to local road agencies to be used on maintenance as a result of this years harsh winter. It requires that the $100 million in special winter road maintenance funds be used only for road maintenance, excluding administrative, overhead, and other indirect costs.  The remaining $115 million will be used for priority road projects identified by individual lawmakers and prioritized by the Legislature’s leadership. An amendment was adopted that states if the money for priority road projects is not obligated by July 1, 2014 the remaining balance would be distributed through the Act 51 formula.

It is possible that this could come up for a vote in the Senate and the House as early as today and receive the Governor’s signature before the end of the week.. The League is very appreciative of the efforts of the legislature to deliver additional road funding to our local communities during this time of need. The League would also like to thank our members who took the time to contact their legislator on this issue. Upon final passage of this legislation the League will make available a list with all of the communities across this state and what they will receive after that $100 million is put through the Act 51 formula.

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

House Tax Policy Committee takes Testimony on PPT Package with 100% Reimbursement

Dearborn Mayor Jack O'Reilly speaks in support of the 10-bill PPT reform package at a recent news conference.

This morning the House Tax Policy Committee took testimony from the Lieutenant Governor on a ten bill package that represents months of negotiations on personal property tax (PPT) reform. The Michigan Municipal League’s message on PPT has consistently been 100 percent, guaranteed replacement. The bills do represent 100 percent replacement and a more stable reimbursement mechanism.

The bills, Senate Bills 821-830, will receive another day of testimony tomorrow (3/12). We anticipate the bills moving quickly through the legislative process, likely before spring break in April.

Samantha Harkins is the Director of State Affairs for the Michigan Municipal League.  She can be reached at 517-908-0306 or email at sharkins@mml.org

Supplemental Budget Bill with Additional Road Funding Sent to Conference Committee

SB 608 which included additional $100 million to be spent on cost incurred during this years winter has been sent to Conference Committee. Legislators appointed to the committee form the Senate include Appropriations Chair Roger Kahn (R-Saginaw), Vice Chair John Moolenaar (R-Midland), and Minority Vice Chair Glenn Anderson (D-Westland). The House has appointed Appropriation Chair Joe Haveman (R-Holland), Vice Chair Al Pscholka (R-Stevensville) and Minority Vice Chair Rashida Tlaib (D-Detroit).

There are some significant points of difference that need to be worked out but there is a general consensus that additional funds for roads will be included. Due to these differences and the time that if could take to work them out, the League continues to encourage you to contact your legislators and asked that the differences in this bill be quickly worked out and that additional funding for roads be sent to our communities as soon as possible.

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

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

Water Storage Tanks: Do your Due Diligence When it Comes to Maintenance

Storage tank painting contractors have developed storage tank maintenance plans, often called “asset management plans”. Under these plans the contractor inspects the tank, defines the scope of work, prepares the specifications, submits a non-competitively bid quote for the work, inspects their own work, and then certifies to the owner that the work is satisfactorily completed.  The contract then calls for the owner to make annual installment payments for future work to be completed usually at 10 year frequencies. The contractor is paid in full for the future work before he returns to do it.

Potential attraction for municipalities to this approach include: The contractors offer financing usually over 4 years.  So a $300,000 project is paid off at $75,000 per year, which makes short term budgeting more manageable. The annual payments provide cost certainty for future work, there are no unknowns or general estimates for future work, which helps with long term budgeting. Turning over this work to the contractor eliminates the responsibility for managing tank maintenance, essentially it is now “out of sight and out of mind” as long as the check is sent in every year.

There are drawbacks to this approach as well that include: tank painters often recommend work be performed that is not needed.  In fact it is a rare occurrence when a tank painter inspects a tank and tells the owner it doesn’t need painting. The painters prepare the specifications for the work, often substandard and designed to minimize their cost as opposed to what is best for the tank. Unneeded additional services are sold as required including expensive mixing equipment and “biofilm” removal treatments. The price for the work is typically 50-75% higher than if the work was bid competitively to Michigan based painting contractors. There is no independent inspection of the work, and the owner may have no idea if the work, particularly on the inside of the tank was done properly, or even done at all. By making annual payments to the contractor for future work, the owner loses leverage if they are dissatisfied with the 10 year repainting project.  As the contractor has already been paid, there is no effective way to require defective work to be repaired.

The League believes it is critical for municipalities to fully investigate and perform their due diligence before entering into these contracts. The majority of owners currently under these contracts, have never had their tanks independently inspected, and have no idea if they got what they paid for. Most also never compared the cost of the contract to competitively bid results for tanks similar to theirs. Many never realized they paid for work that didn’t need to be done, removing perfectly good coatings, just to replace them (allegedly) with the same coatings.

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

House Appopriations Committee Passes Budget Supplemental with Additional Road Funding

This afternoon the House Appropriation Committee by a mostly party-line 18-10 vote, with Representative Greg MacMaster (R-Kewadin) being the lone Republican to join all Democrats in opposition, sent SB 608 to the full House with an additional $100 million for road funding. The House version is different than the Senate version in a few key areas.

The Senate version did not use any general fund money, instead the $100 Million came from the $115 Million that was available in the Road and Risk Reserve Fund.  In the House version they are not using money from the Road and Risk Reserve Fund and instead are using general fund dollars. The amount general fund dollars for additional maintenance will be $100 Million and the $115 Million in the Road and Risk Reserve Fund will continue to be available for projects across this state as decided by the legislature.

SB 608 will most likely go to Conference Committee to work out the points of difference between the Senate version and the House version. It appears that both Chambers remain committed to delivering an additional $100 Million to our communities but are undecided as to where that money should come from. The League continues to support the efforts of the legislature to deliver additional funding to help local governments hit hard by this years winter. We encourage you to reach out to your legislators and ask them to vote yes on this legislation.

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

$100 Million in Road Funding for Snow Removal and Potholes to Receive Hearing in the House

After the Senate successfully passed SB 608 last week that included $100 Million in additional funding for snow removal and potholes, the House Appropriations Committee with take the bill up for consideration this Wednesday at 9 a.m.

The League continues to support the this legislation but we still need your help as this bill comes before the House Appropriation Committee. Please continue to contact your legislators and ask them for their support on this legislation. You can use the League’s Action Center to contact your lawmakers and send them an email.

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

Senate Approves $100 Million for Snow Removal and Potholes

The Michigan Senate by a vote of 32-6 approved SB 608 that included $100 million to be distributed to the state, counties, and cities and villages, to help with budgets that have been hard hit by this winters extreme weather. The $100 million will be divvied up through the state’s normal road funding formula with $39.1 million to the state transportation budget, $39.1 million to counties and $21.8 million to municipalities.

The League is supportive of the actions taken today by the Senate but we still need your help. The bill will now moves on to the House so please continue to contact your legislators and ask them for their support on this legislation. You can use the League’s Action Center to contact your lawmakers and send them an email.

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

Senate Apporiations Committee Approves $100 Million for Snow Removal and Potholes

The Michigan Senate Appropriations Committee this morning (Feb. 20, 2014) voted out SB 608 that included $100 million to be distributed to the state, counties, and cities and villages, to help with budgets that have been hard hit by this winters extreme weather. The $100 million will be divvied up through the state’s normal road funding formula with $39.1 million to the state transportation budget, $39.1 million to counties and $21.8 million to municipalities.

The League is supportive of the actions taken today by the Senate Appropriations Committee but we still need your help. Please continue to contact your legislators and ask them for their continued support on this legislation. You can use the League’s Action Center to contact your lawmakers and send them an email.

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