Riverview Mayor Pro-Tem Elmer Trombley talks with Senator Mike Nofs, R-Jackson, Tuesday in Lansing.

LANSING, Michigan - This afternoon (may 15, 2012) the Michigan Senate Energy & Technology held a hearing on House Bills 4265 and 4266, bills that would lift the yard waste ban for landfills that meet certain criteria. This is, however, a community option.

The Michigan Municipal League testified in support of this legislation as we have for the last few years. The crux of the support is that these bills are a local option, and communities can choose what is best for their needs. The cities of Midland and Riverview also attended to testify in support.

Chairman Nofs indicated that there would likely be an additional hearing in the coming weeks to hear more testimony.

Samantha Harkins works for the Michigan Municipal League handling municipal services and energy and technology issues.  She can be reached at 517-908-0306 or email at sharkins@mml.org.

This afternoon the Senate Energy & Technology committee held testimony on SB 1084, a bill that creates an exeption to governmental immunity for a municipal corporation with respect to its obligations under the MISS-DIG Act.

The bill redefines "proprietary function" as an exception to governmental immunity and specifically defines acts under the MISS-DIG Act to be proprietary functions rather than governmental functions. This would create liability on behalf of our communities that damage a utility's underground storage facility even while undertaking quintessential governmental functions such as replacing sewer lines, rebuilding roads, etc.

The League testified in opposition to this legislation, siting significant concerns about raising costs for local units of government as well as the implications of creating an exeption to governmental immunity.

Chairman Nofs indicated a willingness to work on the bills and potentially take them up in a few weeks.

Samantha Harkins works for the Michigan Municipal League handling municipal services and energy and technology issues.  She can be reached at 517-908-0306 or email at sharkins@mml.org

This morning the House Energy & Technology Committee heard testimony on HB 5342, a bill that would inhibit local colocation on State Police communication towers.

The latest substitute before the committee was the (H-4) version available here: HB 5342_h4.pdf (18.36 kb)

This legislation seeks to open State Police communication towers to colocation for broadband expansion. As introduced the tower was accessible to both public and private entities.

The (H-4) substitute limits the accessibility of public entities to only non-commercial and business purposes. A public entity can colocate for a commercial or business purpose after a three year window, but only in an underserved area. The bill attached above defines both "commercial and business purpose" and "underserved".

The League testified in opposition to the legislation stating that it is not true broadband expansion unless there is access for every entity. The chair indicated that he would like to work on the legislation for another week before voting.

Samantha Harkins works for the Michigan Municipal League handling municipal services and energy and technology issues.  She can be reached at 517-908-0306 or email at sharkins@mml.org

On Tuesday morning the House Energy & Technology Committee will be taking up HB 5342, a bill that would open state police communications towers to colocation for broadband expansion.

As introduced this legislation would allow both public and private entities to colocate for the purpose of broadband expansion; however, a proposed substitute would limit this to only private entities for three years and then allow public entities to colocate only in "underserved areas."

You can view the proposed committee substitute here: HB 5342.h3.pdf (18.05 kb)

The League is a supporter of broadband expansion; however, banning public entities from this colocation seeks to inhibit broadband expansion to only if a private entity decides to expand. This is a disservice to Michigan residents and job providers as broadband access becomes more necessary for both businesses and residents.

We will be opposing this version of the legislation and encourage you to contact your House members to do the same.

Samantha Harkins works for the Michigan Municipal League handling municipal services and energy and technology issues.  She can be reached at 517-908-0306 or email at sharkins@mml.org