May 26, 2005, Introduced by Reps. Huizenga, Ward, Farhat, Vander Veen, Gosselin, Drolet, Stakoe, Farrah, Meisner, Walker, Stahl, Pastor, Baxter, Acciavatti and Brandenburg and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to require that local units of government prepare
certain financial impact statements; to provide for notice
regarding certain rules, regulations, and ordinances; and to
prescribe the powers and duties of certain governmental officials
and agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) Before the governing body of a local unit of
government approves or adopts a rule, regulation, or ordinance, the
governing body shall prepare, or have prepared on its behalf, an
initial housing impact statement of the rule, regulation, or
ordinance.
(2) The initial housing impact statement required under
subsection (1) shall describe the impact of the proposed rule,
regulation, or ordinance on the affordability of new housing
construction and the rehabilitation of existing housing within the
local unit of government.
(3) The initial housing impact statement shall be included
with the publication of the general notice of the proposed rule,
regulation, or ordinance and the local unit of government shall
transmit a copy of the initial housing impact statement and general
notice to the director of the Michigan state housing development
authority.
Sec. 2. The director of the Michigan state housing development
authority shall make available to the general public upon request a
copy of the statement and notice required to be filed under
sections 1 and 5 and include a copy of the statement and notice on
the authority's internet website as required under section 22d of
the state housing development authority act of 1966, 1966 PA 346,
MCL 125.1422d.
Sec. 3. The initial housing impact statement required under
section 1 shall contain all of the following:
(a) A description of the reasons why action by the local unit
of government is being considered.
(b) A statement of the objectives and legal basis of the
proposed rule, regulation, or ordinance.
(c) A description and estimate of the extent to which the
proposed rule, regulation, or ordinance would increase the cost or
reduce the supply of housing or land for residential development or
the rehabilitation of existing housing.
(d) An identification of all relevant federal, state, and
local rules, regulations, or ordinances which may duplicate,
overlap, or conflict with the proposed rule, regulation, or
ordinance.
Sec. 4. (1) The governing body of the local unit of
government, prior to authorizing a final rule, regulation, or
ordinance, shall review all alternatives to the proposed rule,
regulation, or ordinance that may have been submitted to the local
unit of government. The local unit of government shall make a
determination of whether any of the submitted alternatives do any
of the following:
(a) Accomplishes the stated objectives in a manner comparable
to the proposed rule, regulation, or ordinance.
(b) Results in costs to the local unit of government equal to
or less than the costs resulting from the proposed rule,
regulation, or ordinance.
(c) Results in the affordability of housing construction and
rehabilitation greater than the affordability resulting from the
proposed rule, regulation, or ordinance.
(2) If the governing body determines that an alternative to
the proposed rule, regulation, or ordinance meets or exceeds 1 or
more of the factors under subsection (1), the local unit of
government shall incorporate the alternative into the final rule,
regulation, or ordinance or issue a new proposed rule, regulation,
or ordinance that incorporates the alternative.
Sec. 5. (1) If a local unit of government authorizes a final
rule, regulation, or ordinance, the local unit of government shall
prepare a final housing impact statement that shall contain all of
the following:
(a) A statement of the need and objectives of the rule,
regulation, or ordinance.
(b) A summary of the significant issues raised during the
public comment period in response to the initial housing impact
statement, a summary of the assessment of the local unit of
government of the issues, and a statement of any changes made in
the proposed rule, regulation, or ordinance as a result of the
comments.
(c) A description and estimate of the extent to which the
rule, regulation, or ordinance will impact the affordability of
housing construction or rehabilitation or an explanation of why an
estimate is not available.
(2) The local unit of government shall make copies of the
final housing impact statement available to the public and publish
the statement in a general circulation newspaper. The local unit of
government shall transmit a copy of the final housing impact
statement to the director of the Michigan state housing development
authority.
Sec. 6. In complying with the requirements of section 1 or 5,
a local unit of government may provide either a quantifiable or
numerical description of the effects of a proposed rule,
regulation, or ordinance.
Sec. 7. (1) A chief executive of a local unit of government
may waive or delay the completion of some or all of the
requirements of section 1 by publishing in a general circulation
newspaper and providing to the Michigan housing development
authority, before the date of publication of the final rule,
regulation, or ordinance, a written finding that the final rule,
regulation, or ordinance is necessary due to an emergency that
makes compliance with section 1 impracticable.
(2) The requirements of section 5 shall not be waived. A chief
executive of a local unit of government may delay the completion of
the requirements of section 5 for a period of not more than 180
days after the date of publication in the general circulation
newspaper of a final rule, regulation, or ordinance by including in
the publication a finding that the final rule, regulation, or
ordinance is necessary due to an emergency that makes timely
compliance with section 5 impracticable. If the local unit of
government has not prepared a final housing impact statement within
the required 180 days, the rule, regulation, or ordinance shall be
void.
Sec. 8. Not later than 1 year after the effective date of this
act, the director of the Michigan housing development authority
shall develop and publish model initial and final housing impact
statements required under this act. Each local unit of government
shall adopt and use the model statements developed under this
subsection.
Sec. 9. As used in this act, "local unit of government" means
a city, village, township, or county.
Enacting section 1. This act does not take effect unless
Senate Bill No.____ or House Bill No. 4836(request no. 02126'05 *)
of the 93rd Legislature is enacted into law.