Mid-April 2024 Newsletter

CONGRESSIONAL DELEGATION ANNOUNCES PFAS REGULATIONS
U.S. Rep. Dan Kildee (D-Flint) has introduced three pieces of legislation related to PFAS, or per- and polyfluoralkyl substance chemicals, calling on Congress to pass them following the Biden Administration’s release of the first national drinking water standard for the chemicals.

The new regulation requires PFOA and PFOS chemicals, two of the most common types of PFAS, to clock in at four parts per trillion or less. Other types are capped at 10 parts per trillion.

Kildee said on a press call today that he’s looking for support on the VET PFAS Act, which would allow Veterans’ Affairs centers to provide healthcare and benefits to military veterans and their families after they are exposed to PFAS.

His second piece of legislation, the Expanding Seniors’ Access to PFAS Testing Act, would require Medicare to cover PFAS blood testing. The final act is the Better Care for PFAS Patients Act, which would provide medical professionals with updated best practices and advice on how to treat PFAS-exposed patients.

U.S. Rep. Elissa Slotkin (D-Holly) said she has been pushing the U.S. Department of Defense to understand its obligation to clean up PFAS contamination on military bases in Grayling and Oscoda, which have been points of concern for those invested in the “forever chemicals.”

U.S. Rep. Debbie Dingell (D-Dearborn) said that since her day one in office, she’s been calling for a national drinking water standard to replace the guideline that was more lenient than the Michigan standard. 

“We have more contamination sites than most do because we’re looking for it,” Dingell said. 

Dingell called herself “Debbie Downer” before stating that Michigan still has PFAS in too many places. She called for Congress to pass legislation to get PFAS out of fire fighting equipment like their protective gear and tools they use as well as eliminating wrappers at fast food restaurants from containing PFAS.

“It’s in our socks. It’s in our aprons. With the noise we’ve made, (PFAS) hasn’t been banned. But, you know, I’m a lousy cook. I use Teflon pans because I don’t want it to stick,” Dingell said. 

Implementation in the state may cause strain to smaller water treatment systems when they purchase and maintain the equipment and practices to meet the new standard. Senate Majority Leader Winnie Brinks (D-Grand Rapids) said it can be expensive to retrofit older water systems and that as municipalities come to the state, they will help the municipalities figure out a combination of local, state and federal funding sources.

“I’m spending more time on water and sewers. Water may be a little more glamorous than sewers,” Dingell said.

Dingell said today’s announcement has been scientifically screened, and that elected officials have to be “working smart” to figure out the best policies and funding sources for implementation. 

COUNTIES UNCERTAIN OF COURT FUNDING WITHOUT SUNSET EXTENSION
Courts across Michigan are being advised to review the way they assess costs ahead of the anticipated sunset of the law that currently allows courts to impose costs in criminal cases that are reasonably related to the actual costs incurred by the court.

The state court administrator, Thomas Boyd, sent a memo last week to circuit, district and municipal court judges, administrators and county clerks across the state advising them of the expected sunset on May 1.

Without the current law, courts cannot impose court costs, including salaries and benefits for court personnel, good and services necessary for the operation of the court, necessary expenses for the operation and maintenance of court buildings and facilities. Boyd advised the courts to begin preparing for implementation of the change and discussing its financial ramifications.

This could cost courts across the state a total of $50 million annually, said Samantha Gibson, governmental affairs associate for the Michigan Association of Counties. That works out to roughly $1 million a week.

"We’re looking at a significant portion of operational court funding lost, with May 1 coming and going and without the extension of the sunset," Gibson said. "The county will then be responsible for backfilling those costs and making up for the funding gap."

Lawmakers are currently considering extending the again through December 2026 under HB 5392, which already cleared committee and is on Third Reading.

The bill is tie barred to another piece of legislation, HB 5534, which would require the State Court Administrative Office to determine the amount of potential lost revenue for trial courts, the minimum operational cost for trial courts and the additional funds needed. The legislation also would require the office to submit a report to the Legislature with recommendations on how to cover additional costs of trial courts after the elimination of fees.

The Legislature would then be responsible for passing policy to fund the courts without using costs the Supreme Court has ruled problematic.

Several Republicans have argued against the tie bar, and with time running short before the May 1 deadline, it’s unclear if HB 5392 will cross the finish line to keep the courts funded.

If the law sunsets, the courts will impose costs "direct and indirect, to which the plaintiff has been put in connection with the civil infraction," according to current law, the memo states. The costs ordered must not exceed $100 for civil infractions and must not exceed $500 for municipal civil infractions. The costs are payable to the general fund of the plaintiff.

"Please review your existing practices for processing civil infractions and ensure you are

only assessing costs reasonably related to the costs of prosecution — not any costs for operating the court," the memo said. "Courts that assess plaintiff’s costs under these statutes should be able to provide SCAO auditors with documentation as to how these plaintiff’s costs were calculated."

Gibson said that logistically, she doesn’t know what that will look like for counties.

"I don’t know what a docket looks like. How does a judge operate after May 1 without their authority to impose those fines and fees," Gibson said. "We’ve not really run into this circumstance."

The last sunset extension happened in October 2022. Then, the Legislature passed the extension after the deadline and the state appropriated money for the backfill. Gibson said she would expect the same thing to happen this year if lawmakers can’t get the bill to the governor before May 1.

"If the Legislature can’t come to a consensus on this issue, it should not be the county’s responsibility to backfill lost court funding," Gibson said.

The tie barred bill is the major sticking point for Republicans, with some arguing that it needs more work, while others have said it would take away local control.

Local governments, though, have been supportive of both bills.

"That bill (HB 5534 ) does not change any funding structure or mechanism. All that bill does is require the state court administrator’s office to do data collection," Gibson said. "No fee authority is in it. It’s simply data collection."

The Michigan Association of Counties supports HB 5534, though its priority is extending the sunset so courts can be funded.

"We are supportive of all five of the trial court funding commission recommendations," Gibson said. "(HB 5534) is moving us in the direction toward addressing the policy recommendations from the trial court funding commission."

$160M ECONOMIC IMPACT POSSIBLE VIA NFL DRAFT IN DETROIT
Downtown Detroit businesses could net a positive economic impact of about $160 million while the city hosts the National Football League draft later this month, according to an economic consulting firm’s review.

East Lansing-based Anderson Economic Group, LLC, in an analysis released Monday said it estimated a direct economic impact of about $97.5 million for the city of Detroit as well as $35.1 million in expenditures by attendees.

The firm in a release stated that its analysis followed a methodology considering direct costs and other factors including the lost spending from people who normally would spend time in the downtown area but instead avoided the event.

Expenditures weighed in the analysis include hotel costs, bar and restaurant spending and the buying of merchandise.

"Hosting the NFL draft is another exciting win for Detroit and presents invaluable opportunities for the city to showcase its culture on a national stage, once again potentially fostering long-term tourism and investment prospects," Tyler Theile, vice president and director of economic analysis and public policy for the firm, said in a statement.

The NFL draft is a three-day, free event in downtown Detroit. The firm said the event being free increases accessibility but reduces the economic effect of ticket revenue.

As a nationally televised and highly anticipated event, the NFL draft is a yearly event that is sought after by large cities nationally as a host site, similar to major sporting events including the Super Bowl, professional all-star games or college postseason tournament events.

ARTICLES OF POLITICAL INTEREST:

Michigan House Special Elections May Put Democrats Back In Charge

Michigan Schools Hired 874 Mental Health Staffers–Under Program Set to End

Michigan’s Top Watchdog Slammed as "Partisan Hack" by Democratic State Party Chair

Judge Dismisses GOP Lawmakers’ Effort to Undo Michigan Elections Changes OK’d by Voters

Michigan Protestors Chanted "Death to America."  Why is Whitmer Silent?

Marijuana News, Updates, & Articles of Interest

THE DCD MARIJUANA TEAM:  YOUR COMPETITIVE EDGE!

DCD continues to exist as the premier resource helping municipalities navigate the waters of cannabis policy. We would be more than happy to answer any questions you may have regarding medical or recreational cannabis policy, procedure, and more. DCD is available for presentations to municipal boards, for one-on-one meetings, and for consultations.

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We are experts in both medical and recreational cannabis policy and have been in the space for over ten years.  We welcome any opportunity to work with you in the future!

ARTICLES OF CANNABIS INTEREST:

Legal Marijuana Purchases In Michigan Reach A New Record in March

What’s New & Trending in the Marijuana Market?

Florida Voters Will Decide on Marijuana Legalization in November

IRS Issues New Guidance for Cannabis Companies That Receive Over $10K in Cash

Michigan Business Accused of Illegally Selling Marijuana Product to Minors

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