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PWIR: It's Hard to Reinvent Michigan with Your Hands Tied

Submitted by Michigan LCV on Sun, 05/08/2011 - 7:23pm
image PWIR michigan lcv political week in review

For most voters last November, "reinventing Michigan" meant bolstering our struggling economy.  This week, however, the Senate interpreted it as a giant step backwards in the stewardship of our remarkable Great Lakes. Their bill binds Michigan’s hands in how we protect our lands and waters by handcuffing the Governor's ability to make any positive regulations beyond the weak ones on the federal books.

Fortunately, local governments and voters also took reinvention into their own hands on Election Day last Tuesday in the form of successful ballot questions related to public transit. Similar good news is on its way in the person of the Secretary of Transportation this morning, too! (How does a couple hundred million dollars toward a 110mph train strike you?)

The good and the bad in this week’s Political Week in Review:

State Senate Surrenders Michigan’s Power to the Feds

It was 1976 and Lake Erie was dying. Phosphorus was steadily seeping into the Lake and, though individual Michigan cities attempted to take action on their own, the Legislature blocked a state-wide response. Governor Milliken, however, understood the magnitude of the problem and Michigan’s role as the steward of the Great Lakes; he instituted a rule that restricted the levels of phosphorus in detergent, a move that resulted in the visible resurrection of Lake Erie. Thirty-two years later, the Legislature validated his action by passing the same restriction, themselves.

Fast-forward to last Thursday when the State Senate passed a bill (SB 272) that, in 1976, would have restricted Governor Milliken from saving Lake Erie. As for Governor Snyder, it will restrict him and the agencies he directs (like the Department of Envinromental Quality and Department of Natural Resources) from requiring any higher standards for protections of Michigan's environment than is already required by federal law. This bill will likely sail through the House due to strong Republican support, so it will be up to the Governor to decide if he would like to surrender his own power by signing it. We strongly urge him not to.

We intend to work hard against this bill. If you would be interested in future updates on this subject and ways to take action, please click here.

Why would the Senate pass this legislation? A good question, but one without a good answer. The intent of the bill is to ensure that Michigan’s regulations never be stronger than those passed at the federal level; an irony that is impressive given the rallying call of "states' rights!" flying from the mouths of many of those who voted for this ceding of power.

It's important to remember, though, that the laws passed at the federal level are intended only to provide a level below which states must not slip; they certainly do not represent the highest, or even moderate, standard. As stewards of almost 20% of the Earth's fresh surface water, there is no reason why we should have representatives from landlocked states like Oklahoma and Kansas dictating how we protect our Great Lakes. The State Senate should be ashamed of outsourcing Michigan's job of protecting our own natural resources.

I have to point out two other elements of this law are especially thoughtless and hypocritical, then we can move on to the good stuff like hundreds of millions of dollars for high speed rail and big victories at the polls last Tuesday:

First, the nature of our government already allows the state Legislature to overturn any regulation put forth by the Governor. It's just basic checks and balances. Passage of a blanket law, like SB 272, is a crude way of preempting the Legislature's own existing power. Frankly, it just seems like a lazy way for the Legislature to avoid looking at each new protection, individually.

Second, the bill includes a provision that allows businesses to sue the state for a wildly disproportionate sum if that business becomes unhappy with permitting process. As Michigan attempts to face down brutal deficits, it is not particularly wise to open up the state to all kinds of new lawsuits. Some suits are almost inevitable given that the DEQ has suffered cuts of nearly 75% over the past decade and, as a result, all the layoffs are now causing even deeper delays than before. (If they really wanted to speed up permitting, the Senate would increase DEQ funding). Furthermore, this legislation comes on the heels of a State Supreme Court decision that curtails the right of citizens to sue the state over those very same permits.

The hypocrisy of it speaks for itself. Anyway, let’s move on to that good news, shall we?

Public Transport Wins the Day in Grand Rapids and Across Michigan

Led by Michigan LCV and Michigan LCV Education Fund staff the ballot question to expand public transportation in metro Grand Rapids pulled out a great victory on May 3. Winning by a narrow 136 votes, the result is a spectacular $150 million investment in The Rapid bus system, better rush hour schedules, the first Bus Rapid Transit (BRT) line in Michigan, and over 60 new jobs. Please check here to read more about this victory, of which we are extraordinarily proud.

Transit millages passed in other places across the state, too: Benzie County, Holland, and Grand Haven all passed transit millage questions, stating loudly and clearly that access to reliable, clean, and cheap public transportation is a critical part of "reinventing Michigan." (What is a millage? Here is a quick, useful explanation).

Second Time’s the Charm for Michigan's High Speed Rail

Although Michigan largely missed out on the first round of federal dollars for high speed rail, we all owe Florida a big thank you note: After they threw their $2.3 billion back in the face of Washington, the Secretary of Transportation is now coming to Detroit for a "major announcement." The good news is a sum of about $200 million and travel time between Detroit and Chicago cut down by roughly an hour. Ann Arbor will also gain a new transportation hub out of the deal.

Thanks again, Florida! You're welcome to come ride our 110mph train anytime you'd like.

A more sincere thanks, however, goes to Governor Snyder and our federal representatives for pursuing this funding so diligently. This award will truly be a huge asset to Michigan.

Speak up on Asian Carp

One other quick reminder: The Chair of the State House’s Committee on Natural Resources, Tourism, and Outdoor Recreation, Frank Foster, is quickly becoming a leading voice in the fight to keep Asian Carp out of our Great Lakes. Join him at town halls in Linwood and Alpena on May 13th. 

Until next week,

Ryan Werder, Political Director