(Source: MIRS.news, Published 04/19/23) Two holdover issues from prior terms dealing with local government's control over private industry will be back in the 2023-24 session and the respective House and Senate Democratic leaders seem to believe compromise can be reached on both.
Creating a streamlined, state-based process for mining aggregates is one of the issues. Setting perimeters on how local governments regulate short-term rental properties is the second.
None of the leaders from all four legislative quadrants who addressed the Michigan Municipal League's CapCon conference Wednesday took a hardline position on either aggregates or short-term rentals.
However, all four acknowledged that conversations on both are continuing and legislative leaders are willing to work with all sides to reach common ground.
Senate Majority Leader Winnie Brinks (D-Grand Rapids) noted that neither are party-line issues. Rather, they are both about balancing the overall needs of the state while making sure "local opinions really do matter."
Extracting aggregates is important so "we can build the infrastructure we need," but local opinions on environmental and traffic implications need to be "taken seriously."
"We simply can't pre-empt them unconditionally."
Brinks and Sen. Thomas Albert (R-Lowell), earlier in the morning, were recognized as the MML's Legislators of the Year.
Sen. Roger Victory (R-Hudsonville) suggested that just as a balanced, common-sense approach was found on "Right to Farm" legislation passed about 20 years ago, so too can a similar, balanced approach can be found on aggregates.
For Speaker Joe Tate (D-Detroit), the question is "how are we getting the best bang for our buck with the infrastructure we have built? But that has to be balanced with the communities where (the mining) happens."
Both the aggregates and short-term rental issues cause conflict in some basic tenants of the conservative philosophy, noted House Minority Floor Leader Bryan Posthumus (R-Rockford).
On one hand, conservatives believe that the government closest to the people governs best, but they also believe strongly in personal property rights.
In terms of the aggregates, what should be done when a private company is being told by a local government it can't mine minerals from its property? The state typically governs mining issues for metals.
Why isn't it the same for the gravel used for the roads, Posthumus asked, particularly when some local governments aren't equipped to oversee these types of projects?
Posthumus got some pushback from Brinks on his local government commentary.
"With all due respect, we have, over the years seen so many pre-emptions of what local government entities have been able to do," she said. “There have been prohibitions by the state on ordinances or decisions that can be made locally.”
“While I respect that as a philosophical position, there comes a point where these decisions need to be made with a more practical lens of being able to get things done that our communities need,” Brinks said.
Similar sentiments were expressed on the short-term rental argument, where VRBO and Airbnb are clashing with cities like Grand Haven over property owners' ability to rent out their homes when they're not present.
Victory conceded that he's evolved on the issue after he moved to the Senate and took in several lakeshore communities as constituents.
"I originally started out as a private property proponent, but we need to preserve our communities, so there needs to be some balance," he said. "If not, we could lose one of our most precious, unique gems."
Similarly, Tate said, "It's not going to be an 'either-or.' It's going to be both."
