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Recall petitions rejected, ballot questions make progress at Board of State Canvassers meeting

 The move to renewable energy is resulting in wind turbines and solar farms in rural areas.
American Public Power Assocation
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A pair of ballot questions made some progress toward signature-gathering at a Michigan Board of State Canvassers meeting Friday.

One would undo some changes made last year to Michigan’s clean energy laws. Specifically, it would strike out provisions allowing state regulators final say over local zoning ordinances when it comes to siting wind and solar energy projects.

Those new changes in law don’t take effect until next month.

The group Citizens for Local Choice is behind the ballot initiative fighting against them.

Attorney Andrea Hansen spoke on behalf of the campaign at Friday’s state canvassers meeting. She said the effort comes down to a desire for local control.

“What we have now, the amendment is to pre-empt it so that more of these (projects) can bypass the local process and go to the state level, and this initiative would seek to return us to the status quo,” Hansen said during discussions before the board over what summary language should appear at the top of the petition.

Ultimately, the board approved language that acknowledged policies outside of the local control issue that would also be impacted by the repeal. They include requirements for environmental assessments, wages and benefits, and structures.

Having summary language and petition form approval from the board is optional. But many campaigns seek it to help protect them from potential lawsuits over whether ballot question language is clear enough down the road.

The language approved was a compromise between Hansen and attorney Mark Brewer, who represented an opposition group, Our Land Our Rights, at the meeting. It’s supported by environmental groups, including the League of Conservation Voters.

Brewer said the new state laws are necessary for protecting the state’s clean energy future.

“This is a very fair process. Local communities still have a lot of control. Only if they excessively delay or retroactively change their procedures, or they impose excessive requirements, can anybody even go to the (Public Service Commission),” Brewer told reporters after Friday’s meeting.

Several speakers waited through the more than six-hour state canvassers meeting to give their take on the policy.

Many of them opposed the changes in the law, echoing the point that they felt their local control suffered because of them. Others supported the changes, arguing the new laws gave them more power to do what they wanted with their own land.

Also concerning land, the state canvassing board approved summary language for a proposed constitutional amendment to eliminate property taxes at the Friday meeting.

The group, AxMITax, had gone before the board multiple times before trying to get approval but had faced setbacks each time.

Friday, the board finally granted summary language approval after a lengthy back and forth between opposing attorneys and board members over what the amendment would cover.

Supporters of the amendment argued it would extend to both real property taxes, referring to real estate, and personal property taxes.

AxMITax Executive Director Karla Wagner said she doesn’t see a point in the government collecting personal property taxes on items like office equipment after someone has already paid sales tax while buying them.

“You can depreciate them, but then you’ve got to pay personal property taxes on them. How stupid is that?” Wagner said. “It doesn’t even make sense so let’s just clean it up and get rid of it. And our intent was always for the real estate and the personal property tax to be gone,” Wagner told reporters.

But opposing attorneys, including Brewer, argued the petition’s language was unclear on the matter.

Both opposition and board members highlighted how much local governments rely on property taxes to provide basic services.

The board ultimately settled on summary language that talked around the question. The summary language also referenced the potential funding hit institutions like schools, parks, and other local government services could take because of the amendment.

Wagner argued the concerns were overblown. She said other revenue from income and excise taxes, like on alcohol, tobacco, and marijuana sales, could make up for the lost funds.

“It’s all about shifting. It’s about cut the spending and send the revenue back down to the local entities instead of pissing it away,” Wagner said.

Despite receiving summary approval, Friday’s meeting presented another roadblock for the campaign. The board ultimately denied form approval due to typos discovered on the petition.

Wagner lamented the delay. She said the effort has around 500 to 600 volunteers ready to circulate the petitions once they are ready to go into the field.

Aside from handling petitions, the Board of State Canvassers also rejected three recall petitions against the governor, secretary of state, and attorney general.

The board determined various allegations made in the petitions were both not factual and unclear.

Colin Jackson is a reporter for the Michigan Public Radio Network.
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